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Agenda Packet 12-22-2009
December 22, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 12/18/09 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 for 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. December 22, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.org iIinliiii3 Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 .,, lm ulaii, ;,,. _,'W, HOW a11m; iii W INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES 'JQvJ f-o Approve the minutes from the December 15, 2009 meeting. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY/AIRPORT ,0 Resolution No. 09-358 — A Resolution commending Anthony Scott, Airport Coordinator and Randy Young, Airport Maintenance Technician II, for their heroism after an aircraft incident on Thursday, y� November 5, 2009 at the St. Lucie County Airport. 01A Consider staff recommendation to adopt Resolution No. 09-358 as drafted. �1 V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS �)J� w1 Approve warrant list No. 12 0' 6� ' I t�.�(�r� Prig �� t1le�-�tv� B. COUNTY ATTORNEY 1. Interlocal Agreement — Relocation of Port St. Lucie Utilities along Walton Road Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. 2. Street Name Change - Leeper Road to Pineapple Lane - Resolution No. 09-363 Consider staff recommendation to approve the proposed street name change of Leeper Road to Pineapple Lane, as shown on the attached map, direct staff to notify the appropriate Utilities, the U. S. Postal Service, the Property Appraiser, the Supervisor of Elections, the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. B. COUNTY ATTORNEY CONTINUED C. pJe J JC j o-Y C0' 2 �a 3. Administrative Services Agreement between Blue Cross/Blue Shield of Florida, Inc. and St. Lucie County Consider staff recommendation to approve the Administrative Services Agreement with Blue Cross/Blue Shield of Florida, Inc. and authorize the Chairman to sign the Agreement. Walton Road Annex — Third Amendment to Facilities Use Agreement with Port St. Lucie Historical Society, Inc. Consider staff recommendation to approve the proposed Third Amendment to the Facilities Use Agreement with Port St. Lucie Historical Society, Inc., and authorize the Chairman to sign the Third Amendment. 5. Permission to Advertise - Ordinance No. 10-005 - Amending Article II (Alcohol and Other Drug Abuse Trust Fund) of Chapter 1-7 of the St. Lucie County Code of Ordinances. Consider staff recommendation to grant permission to advertise Ordinance No. 10-005 for a public hearing before the Board of County Commissioners. 6. PULLED PRIOR TO MEETING B&E Houck Enterprises, Inc. — Consent to Lease Agreement and First Addendum to Lease Agreement with Aviator Holdings of Florida, Inc. Consider staff recommendation to consent to the Lease agreement and First Addendum to Lease Agreement between B&E Houck Enterprises, Inc., and Aviator Holdings of Florida, Inc. PUBLIC WORKS P``u II_ I n f d l i �� f0 � 5� + ..�o 6i.reSS` e (Q (f 1. Close-out of the SR 615 S. 25�1 Roadway Widening (Midway Road -Edwards Road). Consider staff recommendation to approve acceptance of the SR 615 S. 25th Roadway Widening project, approval Change Order No. 17, release retainage, and make final payment to Dickerson Florida in the amount of $1,506,510.42; approval the Sixth Amendment to Work Authorization No. 1 with Kimley-Horn in the amount of $74,300; and authorization for the Chairman to sign documents as approved by the County Attorney. Walton Road Widening (Village Green Drive to Lennard Road) Consider staff recommendation to approve of the Seventh Amendment with Inwood Consulting Engineers in the amount of $23,465.04 for Walton Road Widening (Village Green Drive to Lennard Road) and authorization for the Chairman to sign documents as approved by the County Attorney. Walton Road Widening (Village Green Drive to Lennard Road) Consider staff recommendation to approve of bid award to Sheltra & Son Construction Co., Inc. in the amount of $3,747,868.52 for construction of Walton Road Widening (Village Green Drive to Lennard Road) and authorization for the Chairman to sign documents as approved by the County Attorney. D. PARKS AND RECREATION Budget Amendment BA10-004 to Purchase Equipment for Tradition Field Consider staff recommendation to approve of Budget Amendment BA10-004 increasing Equipment Request EQ10-012 from $20,000 to $23,981 to purchase a Wiedenmann Super 500CHD as outlined in the agenda memorandum. E. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for October, FY 09-10. Consider staff recommendation to approve payment of Prison Health Services invoice number PHS0006878 for HIV Meds for the period of October 01, 2009 thru October 30, 2009, in the amount of $48,681.27. F. MANAGEMENT AND BUDGET Amendment to Contract for the Purchase of Uniforms Consider staff recommendation to approve of the first amendment to Contract No. C08- 01-033 with Day Dreams Uniforms, Inc., extending the contract through January 14, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Amendment to Contract for Pest Control Services Consider staff recommendation to approve of the twelfth amendment to Contract No. C06- 07-407 with Hulett Environmental Services, adding the old fire station at the airport and the garage building for the Parks Division of Parks and Recreation for a new contract total of $19,166.64, and authorization for the Chairman to sign documents as approved by the County Attorney. Amendment to Contract for Fire Alarm System Testing, Monitoring and Inspections Consider staff recommendation to approve of the fifth amendment to Contract No. C06- 07-542 with 1st Fire & Security, Inc., adding South County Stadium, and authorization for the Chairman to sign documents as approved by the County Attorney. 4. Request for Qualifications (RFQ) No. 10-001, Civil Engineering and Land Planning for the Treasure Coast Research Park (TCRP) Consider staff recommendation to approve of the short-listed firms for Civil Engineering and Land Planning for the Treasure Coast Research Park and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. Request for Proposal No. 10-006, Canoe and Kayak Rentals at River Park Marina. Consider staff recommendation to approve to award RFP No. 10-006, Concession Agreement for the Rental of Canoe and Kayak to St. Lucie Canoes and Kayak, Inc. of Port St. Lucie and authorization for the Chairman to sign documents as approved by the County Attorney. F. MANAGEMENT AND BUDGET CONTINUED Budget Resolution No. 09-366, Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), Taxiway C Rehabilitation Consider staff recommendation to approve of Budget Resolution No. 09-366 establishing the remaining funds for the FDOT grant award amount of $1,456,800 for the Taxiway C Rehabilitation project. G. COMMUNITY SERVICES Subgrant Agreement with Council on Aging of St. Lucie, Inc. Consider staff recommendation to approve of subgrant agreement in the amount of $206,782 with Council on Aging of St. Lucie Inc., and authorization for the Chairman to sign documents as approved by the County Attorney. FTA Grant Acceptance of Earmark for Buses Consider staff recommendation to approve acceptance of FTA Section 5309 grant FI 04- 0093 in the amount of $225,720, approval of Budget Resolution 09-365 and the subgrant agreement with the Council on Aging of St. Lucie, Inc.; and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Award of Housing Rehabilitation/Replacement Bids Consider staff recommendation to approve to award bids for one rehabilitation and two replacement housing projects under the Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Grants, and authorization for the Chairman to sign documents as approved by the County Attorney. Amendment to the St. Lucie County Housing Assistance Plan Consider staff recommendation to approve of Resolution No. 09-364 to amend the St. Lucie County Housing Assistance Plan for the Community Development Block Grant Programs, and authorization for the Chairman to sign documents as approved by the County Attorney. 5. Award of Avenue Q Area Improvements Project Consider staff recommendation to approve of bid award for the Avenue Q Area Improvements Projects under the CDBG DRI Supplement Grant to Sheltra & Son Construction Company, Inc., and authorization for the Chairman to sign documents as approved by the County Attorney. 6. Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority Consider staff recommendation to approve of the Interlocal Agreement with Fort Pierce and the Fort Pierce Utilities Authority for the Avenue Q Area Improvements Project, and authorization for the Chairman to sign the documents as approved by the County Attorney. G. COMMUNITY SERVICES CONTINUED Budget Resolution 09-350 for the Florida Division of Emergency Management Residential Construction Mitigation Program (RCMP) Consider staff recommendation to approve of Budget Resolution 09-350 for the RCMP grant and authorization for the Chairman to sign documents as approved by the County Attorney. Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) Application Consider staff recommendation to approve to submit an application for the Department of Housing and Urban Development CDBG DRI grant, and authorization for the Chairman to sign documents as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. There are no public hearings scheduled for December 22, 2009. END OF PUBLIC HEARINGS REGULAR AGENDA Vill. COUNTY ATTORNEY Newberry Fields - Permission to Dismiss Petition for Writ of Certiorari and Complaint for Declaratory and injunctive Relief Consider staff recommendation to authorize the County Attorney to voluntarily dismiss the Petition and " Complaint upon receipt of a copy of the fully executed Amended Development Agreement between the City of Fort Pierce and the Developer. IX. ADDITION TO THE AGENDA COUNTY ATTORNEY Interlocal Agreement— Parks Impact Fee Funding � I -� Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. X. BOARD OF COUNTY COMMISSIONERS Updates from the Commissioners on the various Boards/Committees XI. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, December 22, 2009 at 1:30 p.m. in Conference Room #3. 2. County offices will be closed on Thursday, December 24, 2009 and Friday, December 25, 2009 to observe Christmas. 3. County offices will be closed on Friday, January 1, 2010 to observe New Years. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stiucieco.org iiiiiiiiiiiiiiiiiiiiiiiimiun iiiliimniiii Chris Dzadovsky, Chairman District No.1 Paula A. Lewis, Vice Chair District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 liiiliiiitiitiiii ,11. MINUTES f �j Approve the minutes from the December 8, 2009 meeting. II. GENERAL PUBLIC COMMENT III. b CONSENT AGENDA k�A. WARRANTS Approve warrant list No. 11 and 12. 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.orq iiiiiiiiiiiiiiiiili 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. MINUTES Approve the minutes from the December 8, 2009 meeting. ` II. GENERAL PUBLIC COMMENT III. }CONSENT AGENDA QUA. WARRANTS Approve warrant list No. 11 and 12. B. PUBLIC WORKS Invitation to Bid — Upland Sand Sources for Emergency Dune Restoration Consider staff recommendation to approve to solicit Invitations to Bid for viable upland sand sources and contractors to serve future post -storm emergency beach and dune restoration needs. C. PUBLIC WORKS Request for Qualification (RFQ) Consider staff recommendation to approve to advertise for Qualifications for artificial reef consultants. 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. niiiiiillu# ii1`iCi iiil(Iti Eiiiiiiiifi iiiiiifiiiiiijlltiiliiiiiiiili i{tiifil3iiiilitiiiillii'iiiC(iiii3iiiitli 116an December 22, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 12/18/09 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. December 22, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Chris Craft District No 5 INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the December 15, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY/AIRPORT Resolution No. 09-358 — A Resolution commending Anthony Scott, Airport Coordinator and Randy Young, Airport Maintenance Technician II, for their heroism after an aircraft incident on Thursday, November 5, 2009 at the St. Lucie County Airport. Consider staff recommendation to adopt Resolution No. 09-358 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 12 B. COUNTY ATTORNEY Interlocal Agreement — Relocation of Port St. Lucie Utilities along Walton Road Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. Street Name Change - Leeper Road to Pineapple Lane - Resolution No. 09-363 Consider staff recommendation to approve the proposed street name change of Leeper Road to Pineapple Lane, as shown on the attached map, direct staff to notify the appropriate Utilities, the U. S. Postal Service, the Property Appraiser, the Supervisor of Elections, the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. B. COUNTY ATTORNEY CONTINUED 3. Administrative Services Agreement between Blue Cross/Blue Shield of Florida, Inc. and St. Lucie County Consider staff recommendation to approve the Administrative Services Agreement with Blue Cross/Blue Shield of Florida, Inc. and authorize the Chairman to sign the Agreement. 4. Walton Road Annex — Third Amendment to Facilities Use Agreement with Port St. Lucie Historical Society, Inc. Consider staff recommendation to approve the proposed Third Amendment to the Facilities Use Agreement with Port St. Lucie Historical Society, Inc., and authorize the Chairman to sign the Third Amendment. 5. Permission to Advertise - Ordinance No. 10-005 - Amending Article II (Alcohol and Other Drug Abuse Trust Fund) of Chapter 1-7 of the St. Lucie County Code of Ordinances. Consider staff recommendation to grant permission to advertise Ordinance No. 10-005 for a public hearing before the Board of County Commissioners. 6. PULLED PRIOR TO MEETING B&E Houck Enterprises, Inc. — Consent to Lease Agreement and First Addendum to Lease Agreement with Aviator Holdings of Florida, Inc. Consider staff recommendation to consent to the Lease agreement and First Addendum to Lease Agreement between B&E Houck Enterprises, Inc., and Aviator Holdings of Florida, Inc. C. PUBLIC WORKS Close-out of the SR 615 S. 25"h Roadway Widening (Midway Road -Edwards Road). Consider staff recommendation to approve acceptance of the SR 615 S. 251h Roadway Widening project, approval Change Order No. 17, release retainage, and make final payment to Dickerson Florida in the amount of $1,506,510.42; approval the Sixth Amendment to Work Authorization No. 1 with Kimley-Horn in the amount of $74,300; and authorization for the Chairman to sign documents as approved by the County Attorney. Walton Road Widening (Village Green Drive to Lennard Road) Consider staff recommendation to approve of the Seventh Amendment with Inwood Consulting Engineers in the amount of $23,465.04 for Walton Road Widening (Village Green Drive to Lennard Road) and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Walton Road Widening (Village Green Drive to Lennard Road) Consider staff recommendation to approve of bid award to Sheltra & Son Construction Co., Inc. in the amount of $3,747,868.52 for construction of Walton Road Widening (Village Green Drive to Lennard Road) and authorization for the Chairman to sign documents as approved by the County Attorney. D. PARKS AND RECREATION Budget Amendment BA10-004 to Purchase Equipment for Tradition Field Consider staff recommendation to approve of Budget Amendment BA10-004 increasing Equipment Request EQ10-012 from $20,000 to $23,981 to purchase a Wiedenmann Super 500CHD as outlined in the agenda memorandum. E. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for October, FY 09-10. Consider staff recommendation to approve payment of Prison Health Services invoice number PHS0006878 for HIV Meds for the period of October 01, 2009 thru October 30, 2009, in the amount of $48,681.27. MANAGEMENT AND BUDGET Amendment to Contract for the Purchase of Uniforms Consider staff recommendation to approve of the first amendment to Contract No. C08- 01-033 with Day Dreams Uniforms, Inc., extending the contract through January 14, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Amendment to Contract for Pest Control Services Consider staff recommendation to approve of the twelfth amendment to Contract No. C06- 07-407 with Hulett Environmental Services, adding the old fire station at the airport and the garage building for the Parks Division of Parks and Recreation for a new contract total of $19,166.64, and authorization for the Chairman to sign documents as approved by the County Attorney. Amendment to Contract for Fire Alarm System Testing, Monitoring and Inspections Consider staff recommendation to approve of the fifth amendment to Contract No. C06- 07-542 with 1st Fire & Security, Inc., adding South County Stadium, and authorization for the Chairman to sign documents as approved by the County Attorney. 4. Request for Qualifications (RFQ) No. 10-001, Civil Engineering and Land Planning for the Treasure Coast Research Park (TCRP) Consider staff recommendation to approve of the short-listed firms for Civil Engineering and Land Planning for the Treasure Coast Research Park and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. 5. Request for Proposal No. 10-006, Canoe and Kayak Rentals at River Park Marina. Consider staff recommendation to approve to award RFP No. 10-006, Concession Agreement for the Rental of Canoe and Kayak to St. Lucie Canoes and Kayak, Inc. of Port St. Lucie and authorization for the Chairman to sign documents as approved by the County Attorney. MANAGEMENT AND BUDGET CONTINUED Budget Resolution No. 09-366, Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), Taxiway C Rehabilitation Consider staff recommendation to approve of Budget Resolution No. 09-366 establishing the remaining funds for the FDOT grant award amount of $1,456,800 for the Taxiway C Rehabilitation project. G. COMMUNITY SERVICES Subgrant Agreement with Council on Aging of St. Lucie, Inc. Consider staff recommendation to approve of subgrant agreement in the amount of $206,782 with Council on Aging of St. Lucie Inc., and authorization for the Chairman to sign documents as approved by the County Attorney. FTA Grant Acceptance of Earmark for Buses Consider staff recommendation to approve acceptance of FTA Section 5309 grant FI 04- 0093 in the amount of $225,720, approval of Budget Resolution 09-365 and the subgrant agreement with the Council on Aging of St. Lucie, Inc.; and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Award of Housing Rehabilitation/Replacement Bids Consider staff recommendation to approve to award bids for one rehabilitation and two replacement housing projects under the Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Grants, and authorization for the Chairman to sign documents as approved by the County Attorney. 4. Amendment to the St. Lucie County Housing Assistance Plan Consider staff recommendation to approve of Resolution No. 09-364 to amend the St. Lucie County Housing Assistance Plan for the Community Development Block Grant Programs, and authorization for the Chairman to sign documents as approved by the County Attorney. 5. Award of Avenue Q Area Improvements Project Consider staff recommendation to approve of bid award for the Avenue Q Area Improvements Projects under the CDBG DRI Supplement Grant to Sheltra & Son Construction Company, Inc., and authorization for the Chairman to sign documents as approved by the County Attorney. 6. Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority Consider staff recommendation to approve of the Interlocal Agreement with Fort Pierce and the Fort Pierce Utilities Authority for the Avenue Q Area Improvements Project, and authorization for the Chairman to sign the documents as approved by the County Attorney. G. COMMUNITY SERVICES CONTINUED 7. Budget Resolution 09-350 for the Florida Division of Emergency Management Residential Construction Mitigation Program (RCMP) Consider staff recommendation to approve of Budget Resolution 09-350 for the RCMP grant and authorization for the Chairman to sign documents as approved by the County Attorney. 8. Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) Application Consider staff recommendation to approve to submit an application for the Department of Housing and Urban Development CDBG DRI grant, and authorization for the Chairman to sign documents as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. There are no public hearings scheduled for December 22, 2009. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. COUNTY ATTORNEY Newberry Fields - Permission to Dismiss Petition for Writ of Certiorari and Complaint for Declaratory and Injunctive Relief Consider staff recommendation to authorize the County Attorney to voluntarily dismiss the Petition and Complaint upon receipt of a copy of the fully executed Amended Development Agreement between the City of Fort Pierce and the Developer. IX. ADDITION TO THE AGENDA COUNTY ATTORNEY InterlocalAgreement — Parks Impact Fee Funding " XI. Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. BOARD OF COUNTY COMMISSIONERS Updates from the Commissioners on the various Boards/Committees ANNOUNCEMENTS 1. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, December 22, 2009 at 1:30 p.m. in Conference Room #3. 2. County offices will be closed on Thursday, December 24, 2009 and Friday, December 25, 2009 to observe Christmas. 3. County offices will be closed on Friday, January 1, 2010 to observe New Years. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.orq Chris Dzadovsky, Chairman District No. 1 Paula A. Lewis, Vice Chair District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 MINUTES Approve the minutes from the December 8, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 11 and 12. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl.us www.stiucieco.org Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 I. MINUTES Approve the minutes from the December 8, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 11 and 12. B. PUBLIC WORKS Invitation to Bid — Upland Sand Sources for Emergency Dune Restoration Consider staff recommendation to approve to solicit Invitations to Bid for viable upland sand sources and contractors to serve future post -storm emergency beach and dune restoration needs. C. PUBLIC WORKS Request for Qualification (RFQ) Consider staff recommendation to approve to advertise for Qualifications for artificial reef consultants. 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. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. IV -A DATE: December 22, 2009 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-358 - A resolution commending Anthony Scott, Airport Coordinator and Randy Young, Airport Maintenance Technician II, for their heroism after an aircraft incident on Thursday, November 5, 2009 at the St. Lucie County Airport. BACKGROUND: Diana Lewis, Airport Director, has requested that this Board recognize Mr. Scott and Mr. Young, both St. Lucie County employees, for their heroic actions during the course of a normal workday on November 5, 2009. The attached Resolution No. 09-358 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-358 as drafted. COMMISSION ACTION: CONCURRENCE: [jC] APPROVED [ ] DENIED [ ]OTHER: -= "-_._...—��----------� Approved 4.0 Faye W. Outlaw, MPA Comm. Lewis absent County Administrator Review and Approvals M County Attorney: [ ]Management l3 Budget: [ ]Purchasing: Daniel S. McIntyre [ ] Road @ Bridge.: [) Parks Es Recreation Director [ ] Solid Waste Mgr [ ]Finance: (check for copy only, if applicable) Effective 5/96 RESOLUTION NO. 09-358 A RESOLUTION COMMENDING ANTHONY SCOTT, AIRPORT COORDINATOR, AND RANDY YOUNG, AIRPORT MAINTENANCE TECHNICIAN II, FOR THEIR HEROISM FOLLOWING AN AIRCRAFT INCIDENT DURING THE COURSE OF THEIR WORKDAY ON THURSDAY, NOVEMBER 5, 2009 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: On November 5, 2009, an Albatross aircraft crashed on takeoff at the St. Lucie County Airport after what appeared to be engine failure. 2. The aircraft came down just west of the Runway 10R on the new service road. After crashing, fuel spilled from the aircraft. Anthony Scott and Randy Young, both St. Lucie County Airport employees were the first to respond to the crash site. Although they were both aware there was fuel spilling from the plane, they approached it with fire extinguishers in hand to help assist the three people on board out because of the threat of fire from the fuel spill. 4. Mr. Scott and Mr. Young's only concern was for the people on board and not for their own safety. This Board believes that heroism such as that demonstrated by Mr. Scott and Mr. Young should be recognized. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida for itself and on behalf of the citizens of St. Lucie County, Florida, does hereby commend Anthony Scott and Randy Young for their gallant actions in assisting the three people on board this aircraft after it crashed on takeoff. A copy of this resolution shall be presented to Mr. Scott and Mr. Young in sincere appreciation for their heroism. PASSED AND DULY ADOPTED this 22nd day of December 2009. rNatftf DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY CONSENT AGENDA ITEMS 12/18/09 ST. LUCIE COUNTY - BOARD PAGE 1 WARRANT LIST #12- 12-DEC-2009 TO 18-DEC-2009 FZABWARR FUND SUMMARY EXPENSES PAYROLL FUND TITLE 666,217.42 30,200.00 001 001113 General Fund CDBG Supp Disaster Recovery Subgran 975.00 0.00. 0.00 001164 USDOJ Violence Against Women Grant 1, 511155 0.00 001180 US Dept Housing HUD Shelter Plus Gr 176,111,969.55 .00 0.00 001184 001188 CDBG 07 Section 112/MPO/Fhwa/Planning 2007 1,803.08 0.00 0.00 001194 U.S. Dept of Housing & Community 4,608.00 2 0.00 001442 FCTD Planning Grant Agreement Assist FY09 24040.80 06.80 74 0.00 001505 FDCA Emerg. Mgmt Prep & 73.50 0.00 001510 CSBG FY 2009-2010 1 29.22 0.00 001512 Neighborhood Stabilization Program 1 0.00 001822 Trea. Coast Sea Turtle Friendly Pra 1010.00 16,539.02 0.00 101 Transportation Trust Fund 89,445.29 0.00 101002 Transportation Trust/80o Constitut 11,413.80 0.00 101003 Transportation Trust/Local Option 3,626.02 0.00 101004 Transportation Trust/County Fuel Tx 0.00 101006 Transportation Trust/Impact Fees 3,768.58 0.00 102 Unincorporated Services Fund 8,291.55 0.00 102001 Drainage Maintenance MSTU 21,829.74 754.50 0.00 102809 Paradise Park Phase 2 SFWMD 44,637.54 0.00 107 107002 Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar 1,199.04 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 26,710.05 0.00 0.00 107006 F&F Fund -Court Related Technology 80,376.47 0.00 107205 Juvenile Justice & Delinquency Prev 300.00 0.00 127 Pine Hollow Street Lighting MSTU 408.63 0.00 128 Kings Hwy Industrial Park Lighting 550.26 0.00 130102 FTA 5307-ARRA 2009 Capital Projects 24,728.93 0.00 130105 FTA 5307-2 2009 Cap & Oper 5,537.00 27,876.20 0.00 130209 138 FCTD TRIP FY 09/10 Palm Lake Gardens MSTU Fund 281.71 0.00 140 Airport Fund 6,174.78 0.00 0.00 140306 DOT -New N. Entrance Port Ft. Pierce 20,313.56 0.00 140347 Rehab Runway 9/27 81,161.36 0.00 140351 Install Access Control System 9,930.74 0.00 140360 FDEP Airport W Commerce Prk Sewer 148,021.28 0.00 140361 FDOT - Port of Ft. Pierce Dredging 7,260.00 0.00 140362 FDOT Fence Obstruction Lights 267.43 0.00 160 Plan Maintenance RAD Fund 7,726.74 0.00 183 Ct Administrator-19th Judicial Cir 2,205.32 0.00 183001 Ct Administrator-Arbitration/Mediat 465.90 0.00 183003 Ct Admin.-County Teen Court 664.00 0.00 183004 Ct Admin.- Teen Court 578.50 3,699.42 0.00 183006 Guardian Ad Litem Fund 240.94 0.00 185011 FHFA SHIP 2009/2010 72.00 0.00 189101 Home Consortium FY 2008 Pla 292.02 0.00 189201 FHFC Hurricane Housing Recovery 1,202.00 0.00 216 County Capital I&S 12/18/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #12- 12-DEC-2009 TO 18-DEC-2009 FUND SUMMARY PAGE 2 FUND TITLE EXPENSES PAYROLL 310001 Impact Fees -Library 11,122.09 0.00 310002 Impact Fees -Parks 117,921.10 0.00 316 County Capital 6,039.63 0.00 318 County Capital -Transportation Bond 959.30 0.00 401 Sanitary Landfill Fund 116,332.89 0.00 418 Golf Course Fund 19,475.06 0.00 451 S. Hutchinson Utilities Fund 6,200.00 0.00 461 Sports Complex Fund 47,092.50 0.00 471 No County Utility District-Operatin 2,284.07 0.00 491 Building Code Fund 220.00 0.00 505 Health Insurance Fund 239,039.65 1,633.70 505001 Property/Casualty Insurance Fund 10,012.86 0.00 611 Tourist Development Trust-Adv Fund 18,428.16 0.00 625 Law Library 5,408.78 0.00 630 Tax Deed Overbid Agency Fund 696.63 0.00 665 SLC Art in Public Places Trust Fund 19.81 0.00 801 Bank Fund 7,388.12 0.00 GRAND TOTAL: 2,136,234.08 31,833.70 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B. I DATE: December 22, 2009 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Interlocal Agreement - Relocation of Port St. Lucie Utilities along Walton Road BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: CONCURRENCE: [�Q APPROVED [ ] DENIED [ J OTHER: Approved 4.0 Comm. Lewis absent County Y Attorne ,X� Daniel 5. McIntyre Originating Dept. Finance: (Check for copy only, if applicable) Faye W. Outlaw, MPA County Administrator Review and Approvals Management 4 Budget Purchasing: Public Works Dir: Myp 0/3County Eng., MYn Don st Michael Powley Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-1627 DATE: December 11, 2009 SUBJECT: Interlocal Agreement - Relocation of Port St. Lucie Utilities along Walton Road YtfMk74fY�tkRft****Yttktktk7tkt�t* BACKGROUND: The County is in the process of designing and constructing improvements to Walton Road between Village Green and Lennard Road. The City of Port St. Lucie has requested that the County include relocation of the City's utilities as part of the County's project. Attached to this memorandum is a draft interlocal agreement with the City of Port St. Lucie which would include the City's utility relocation as part of the County's project subject to the terms of the agreement, including reimbursement. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. Respectfully subm Daniel S. McIntyr, County Attorneys DSM/caf Attachment DRAFT #6 12/10/09 INTERLOCAL AGREEMENT RELOCATION OF UTILITIES ALONG WALTON ROAD THIS AGREEMENT dated this day of , 2010, by and between CITY OF PORT ST. LUCIE, a Florida municipal corporation, hereinafter referred to as the "City" and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County". WHEREAS, the County is in the process of designing and constructing improvements to Walton Road between Village Green and Lennard Road (hereinafter referred to as the "Project"); and WHEREAS, the City has requested that the County include the City's utility relocation as part of the County's project; and, WHEREAS, the County has agreed to include the City's proposed utility relocation as part of the County's project subject to the terms of this Agreement, including reimbursement. NOW, THEREFORE, IT IS AGREED as follows: 1. General. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. 2. Project Construction. The County agrees to construct the project, including the City's utility relocation. 3. Utility Relocation Plans Prepared by City. The plans, drawings, and specifications for the City's utility relocation prepared by the City or its consultant shall be subject to the review and approval of the County within ten (10) days from receipt of plans. Specifications for construction shall be in compliance with St. Lucie County, Port St. Lucie Utility Systems Department, State of Florida Department of Environmental Protection and State of Florida Department of Transportation Standards and Specifications and all other appropriate regulatory standards. The City agrees to provide a reproducible copy of the utility relocation plans and specifications to the County. 4. Contract Award. The County intends to bid the construction of the project, including the City's utility relocation, and award the bid to a single contractor who is the lowest responsible bidder as determined by the County in accordance with the County's bid documents. The County agrees to include the City's utility relocation as a separate bid alternate in the County's bid documents so that the cost of the City's relocation will be separately identif ied. The County agrees that the award of the contract for the bid alternate for the City's utility relocation is subject to the approval of the City. The City shall provide written notification to the County within ten (10) days after receipt of the price of the bid alternate from the lowest responsible bidder of the City's decision regarding whether the price for the bid alternate is acceptable to the City. If the bid alternate is not acceptable to the City, then the City 5:\ATTY\AC-REEMNT\INTERLOC\PSL-Wolton Road Utility Relocotion.wpd -1- ti- will be responsible for the utility relocation within 45 days of written notification to the County of the City's rejection of the bid alternate. If the City's utilities are not relocated within the 45 days, then the City will be responsible for delay damages incurred by the County's Contractor. 5. Contract Administration. In the event of bid award and approval of the contract including the utility relocation, the parties agree that the County shall be the contracting agency and shall be responsible for administration of the contract. The County shall perform the contract administration. The City agrees to reimburse the County for the cost of constructing the City's utility relocation. Additional expenditures for the utility relocation shall be subject to approval by the County and the City. In processing requests for reimbursement, the County shall forward copies to the City of all invoices received from the County's contractor insufficient detail for audit purposes. The City shall reimburse the County within 30 days of receipt of incremental requests for reimbursement, and final request for reimbursement upon receipt of all Invoicing, Approved Utility As-builts, Assignment of Warranty for said Utility Work, and a Bill of Sale consistent with the invoiced quantities and as-builts. 6. Contract Inspection. The parties agree that the County shall perform the construction inspection of the project to determine whether the Contractor has properly constructed the project in accordance with the approved plans. The parties agree that the City shall be notified of all dates and times of all utility inspections and shall be present for said inspection, and that the City may perform incremental inspections as deemed necessary, and shall report to the County and/or their agents any observed deficiencies as work progresses. The parties agree that the County shall provide all utility - related construction inspection reports and shop drawings to the City. The City and the County shall provide a representative with authority to authorize field changes. The parties agree that any field changes to the utility relocation plans shall be subject to the approval of the City and the County within forty-eight (48) hours from the date that written notice of any proposed change is received. For the purpose of this Agreement, construction inspection shall include resident project services, contract administration, engineering services during construction, utility coordination, and certification by all appropriate agencies. 7. Amendment. This Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 8. Notices. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier services, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: As to the COUNTY: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 5:\ATTY\AGREEMNT\INTERLOC\P5L-Walton Road Utility Relocationmpd -2 As to the CITY: Port St. Lucie City Manager Port St. Lucie City Hall 121 5.W. Port St. Lucie Boulevard Port St. Lucie, Florida 34984 With a copy to: Port St. Lucie City Attorney Port St. Lucie City Hall 121 S.W. Port St. Lucie Boulevard Port St. Lucie, Florida 34984 or to such other address as any party may designate by notice complying the terms of this Section. Each notice shall be deemed delivered: (a) on the date delivered if by personal delivery, (b) on the date telecommuni cated if by telegraph, (c) on the date of transmission with conf irmed answer back if by telex, and (d) 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. 9. Filing; Effective Date. This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. ATTEST: Deputy Clerk ATTEST: Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CITY OF PORT ST. LUCIE BY: Mayor APPROVED AS TO FORM AND CORRECTNESS BY: City Attorney 5:\ATTY\AGREEMNT\INTERLOC\PSL-Walton Road Utility Relocationmpd -3- AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Street Name Change Leeper Road to Pineapple Lane Resolution No. 09-363 BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Please see an attached memorandum N/A N/A ITEM NO. VI-B2 DATE: December 22, 2009 REGULAR [ ] PUBLIC HEARING[ ] CONSENT[x] PRESENTED BY: JoAnn Riley Property Acquisition Manager Staff recommends that the Board approve the proposed street name change of Leeper Road to Pineapple Lane, as shown on the attached map, direct staff to notify the appropriate Utilities, the U. 5. Postal Service, the Property Appraiser, the Supervisor of Elections, the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Comm. Lewis absent [ x ] County Attorney: Daniel S. McIntyre [ x ] Originating Dept.: JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [ ] Environmental: [ ] County Engineer: [ ] Road & Bridge: [ ] OMB: 5:\ACQ\WP\Christine\Leeper Road Name Change\Agenda Request.wpd INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: December 22, 2009 SUBJECT: Street Name Change Leeper Road to Pineapple Lane Resolution No. 09-363 BACKGROUND: The Property Acquisition Division received a request from Michael Jacquin, Owner of Ranch 37, LLC (copy attached) to rename Leeper Road to Pineapple Lane. Leeper Road is a 50' County owned and maintained right-of-way as recorded in Deed Book 106, Page 245 of the Public Records of St. Lucie County. Leeper Road provides access to properties owned by Ranch 37, LLC, William J. Olsen, 5r. & Rosemarie November, Harry J. Kicliter, Jr., VAK Properties, LLC, Christopher & Jennifer D. Pottorff and Smith -Lennon Partnership. We have attached copies of letters approving the renaming from the property owners affected; except Christopher & Jennifer D. Pottorff who reside on the South side of Leeper Road and access their property from Header Canal Road. Growth Management, Public Safety and the Property Acquisition Division have reviewed and approved the street name Pineapple Lane. RECOMMENDATION: Staff recommends that the Board approve the proposed street name change of Leeper Road to Pineapple Lane, as shown on the attached map, direct staff to notify the appropriate Utilities, the U. S. Postal Service, the Property Appraiser, the Supervisor of Elections, the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. Respectfully submitted, Ann Riley Property Acquisition Manager 5:\ACQ\WP\Christine\leeper Road Name Change\Agenda Memompd zQ aR:l=S3nV'd9-S- a2i =lb N`d 0:2i 3 ad3 H :S W W Q O (18 39G RISM02i1 O Z m Z O Z Vi Q Z U Z 2 Olk(133 NS 0 0 N N �y J N 0 N l0 Q N Q d w 2 O O O N O + O N O N O O A Li cu li CL J Y C C U C: n E O ca � O N � VJ CD Q a 1 SEP-9-2009 03:17P FROM:JACQUIN & SONS 7724662906 TO:94621440 uin & Sojj, �eq Established General Contractor 1940 Paul (: Construction Manager Inc. Design -Builder September 3, 2009 Christine Moller St. Lucie County County Attorney's Office Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Street Name Change Leeper Road Dear Ms. Moller, P.3 Commercial Industrial Residential As the Owner of the property located at 17370 Leeper Road, I am hereby requesting a change in name to the street located in St. Lucie Couny known as "Leeper Road". I am currently constructing a home at this property and I respectfully ask that this be changed to "Pineapple Lane". Should you haveAy questions, please do not hesitate to contact me. Since Ranch 37, LLC P.O. Box 4343 - Fort Pierce, FL 34948 • Phone (772) 465-2475 - Fax (772) 466-2806 CGC 022708 CGC 056649 CGC 060473 CGC 1507936 CCC 056636 SEP-10-2009 09:57A FROM:JACQUIN & SONS 7724662806 TO:94621440 P.2 William J. Olsen Sr. 17200 Leeper Road Fort Pierce, FL 34945 September 3, 2009 Christine Moller St. Lucie County County Attorneys Office Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Street Name Change Dear Ms. Moller, As a homeowner residing on Leeper Road, I am aware of Michael Jacquin's request for a name change of "Leeper Road" to "Pineapple Lane". We have previously discussed this and I am in favor of the change in name. Sincerely, wwi)-kz)&CLJI�� William Olsen NW-11-2009 030-89P F1ZnMsJMWIN & WiS 7724662M6 M94611517 P.2 Harry J. Kiditer, Jr. PO Box 1346 Fort Pierce, FL 34954 October 9, 2009 Christine Moller St. Lucie County County Attorney's Office Property Acquisition Division 2300 Virginia Avenue Port Piamr, FL 34982 Re. Street Name Change Dear Ms. Moller, As a property owner on Leeper Road, I am aware of Michael Jacquin'a requcst for a name change of 'taper Road" to "Pineapple Lane". We have previously discussed this and I am in favor of the change in name. Sincerely, • Jr. J xT2 �020�FROM: JOIN 8� 9544347930 TO:17724662806 P.1 7724662806 M:9195443479M P.1 VAK Properties LLC 10435 SW 56* Street Cooper City, FL 33329 October 22, 2009 Christine M,o11er St. Lucie County County Attorneys Office Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34992 Re: Street Name Change Dear Ms. Moller, As a property owner on Leeper Road (Perce12214-221-ON 1-000-9).1 am aware of Michael Jacquin's request for a name change of "Leeper Road" to "Pineapple Lane". We have previously discussed this and T am in favor of the change in name. Sincerely, Koshulnmju A. George VAK Properties, LLC JAN=14-1999 68:24A FROM: TO:17724662806 P:1/1 11/3fa/2889 21:13 7724662806 JP/mjR4 MID ,Cut; PAGE 82 Smitia•Leonan Pwtnerahip 2701 Dow Ridgy Rolm Orlando, FL 32825 October 9, 2009 Christine Moller St Ludo CmjM Cm* Att=Ws 0fm PrapEdy Aegniaitinn Division 2300 Virdnia Aveaue Furt J'ic w., FL 34992 Re: Strw N mn Change 19eer Ms. M011ar9 As a prap" owner on Leoper Road, I am awm Oaf Midrocl Jacquin's request for a tm ne d moge of ` Leeper Road" to "Pineapple Lafle". We have previously discussed this toed 1 sm b favor of tiro obango in name. JPN-13-1999 M® 87:32PM Io: PAGE: This instrument prepared by: Christine Moller, under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 RESOLUTION NO. 09-363 DATE: December 22, 2009 A RESOLUTION RENAMING A 50' RIGHT-OF-WAY CURRENTLY KNOWN AS LEEPER ROAD TO PINEAPPLE LANE LYING IN SECTION 14, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.05(1), Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads lying outside the boundaries of any incorporated municipality. 2. Pursuant to Ordinance No. 87-8, Part A, St. Lucie County Code of Ordinances Section 1-17-54, there shall be no duplication of street names in St. Lucie County. 3. Pursuant to St. Lucie County Land Development Code Section 7.05.08(C)(2), streets, regardless of functional classification, which run parallel to the north -south base line (Orange Avenue) shall be called avenue, drive or some other designation beginning with a letter in the first half (A through M) of the alphabet. Street, regardless of classification, which run parallel to the east -west base line (U. S. Highway 1) shall be called terrace, place, or some other designation beginning with a letter in the second half (N through Z) of the alphabet. 4. The Property Acquisition Division received a request from Michael Jacquin, Owner of Ranch 37, LLC to rename Leeper Road to Pineapple Lane. Leeper Road provides access to properties owned by Ranch 37, LLC, William J. Olsen, Sr. & Rosemarie November, Harry J. Kicliter, Jr., VAK Properties, LLC, Christopher & Jennifer D. Pottorff and Smith -Lennon Partnership. All affected 1 property owners have approved the name Pineapple Lane except Christopher & Jennifer D. Pottorff who reside on the South side of Leeper Road and access their property from Header Canal Road. Growth Management, Public Safety and the Property Acquisition Division have reviewed, verified and approved the street name Pineapple Lane. 5. Leeper Road is a County owned and maintained right-of-way as recorded in Deed Book 106, Page 245 of the Public Records of St. Lucie County, Florida lying in Section 14, Township 35 South, Range 38 East shall be renamed as follows and more particularly shown on attached Exhibit "A": LEEPER ROAD to PINEAPPLE LANE NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Leeper Road is a County owned and maintained right-of-way as recorded in Deed Book 106, Page 245 of the Public Records of St. Lucie County, Florida lying in Section 14, Township 35 South, Range 38 East shall be renamed as follows and more particularly shown on attached Exhibit "A": LEEPER ROAD to PINEAPPLE LANE B. The Property Acquisition Division is hereby directed to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Chairman Charles Grande xxx Vice Chairman Doug Coward xxx Commissioner Paula Lewis xxx Commissioner Chris Craft xxx Commissioner Chris Dzadovsky xxx 2 PASSED AND DULY ADOPTED this 22"d day of December, 2009. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: 5AACQ\WP\Christine\Leeper Road Name Change\Resolution.wpd 3 CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY C1 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO, VI-B.3 DATE: December 22, 2009 REGULAR(] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre SUBJECT. Administrative Services Agreement between Blue Cross/Blue Shield of Florida, Inc. and St. Lucie County BACKGROUND: See attached memorandum FUNDS AVAILABLE, PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Administrative Services Agreement with Blue Cross/Blue Shield of Florida, Inc. and authorize the Chairman to sign the Agreement. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Comm. Lewis absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals If County Attorney: Management & Budget urchasing: Daniel S. McIntyre Mar e Gin Originating Dept. Human Resources Dir: Risk Mgr:_ Carl Holevo ! P. utzke 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.: 09-1597 DATE: December 7, 2009 SUBJECT: Administrative Services Agreement between Blue Cross/Blue Shield of Florida, Inc. and St. Lucie County BACKGROUND: The Board authorized staff to advertise a Request for Proposals (RFP #09-029) for Administrative Services for the County's self -funded medical and flexible spending account. Three proposals were received: Blue Cross/Blue Shield of Florida, Cigna and WEB -TPA. County staff and EMI staff reviewed the proposals and recommended that the Board award the proposal to Blue Cross/Blue Shield of Florida based on an estimated cost savings of $2,000,000. The Board approved the staff recommendation and selected Blue Cross/Blue Shield on July 17, 2009. Attached to this memorandum is a copy of a proposed Agreement between Blue Cross/ Blue Shield and the County for administrative services to the County's group health plan. The proposed term is five years beginning on January 1, 2010. The proposed administrative fees are set out on page B2 of the Agreement. The proposed performance guarantees are set out on page E1 of the Agreement. RECOMMENDATION/CONCLUSION : Staff recommends that the Board approve the Administrative Services Agreement with Blue Cross/Blue Shield of Florida, Inc. and authorize the Chairman to sign the Agreement. Daniel S. County A DSM/caf Attachment ullv subm ADMINISTRATIVE SERVICES AGREEMENT between BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC. and ST. LUCIE BOARD OF COUNTY COMMISSIONERS This Administrative Services Agreement (hereinafter referred to as the "Agreement"), made this day of , 2009, is by and between Blue Cross and Blue Shield of Florida, Inc., a Florida corporation having its principal place of business at 4800 Deerwood Campus Parkway, Jacksonville, Florida 32246 (hereinafter referred to as the "BCBSF") and St. Lucie Board of County Commissioners located at 2300 Virginia Avenue, Fort Pierce, Florida 34982 (hereinafter referred to as the "Employer"). WHEREAS, the Employer has established and currently sponsors a self -insured Employee Welfare Benefit Plan, to provide certain benefits (attached hereto as Exhibit "A" and hereinafter called the "Group Health Plan") for covered group members and their covered dependents; and WHEREAS, except as otherwise specifically provided herein, the Employer is to retain all liabilities under its Group Health Plan, and BCBSF is to provide the agreed upon services to the Group Health Plan without assuming any such liability; and WHEREAS, the Employer desires that, with respect to the Group Health Plan, BCBSF furnish certain claims processing and administrative services. NOW, therefore, in consideration of the mutual promises contained herein, and other good and valuable consideration, the parties agree as follows: SECTION I TERM 1.1 Initial Term The initial term of this Agreement shall be from January 1, 2010 (the effective date) and shall end on December 31, 2014 (the termination date), unless the Agreement is terminated earlier in accordance with the provisions of this Agreement. 1.2 Renewal Terms This Agreement will automatically renew each anniversary date for successive one year terms after the initial term at the renewal rates then in effect, unless either party notifies the other party of its intent not to extend this Agreement at least 30 days prior to the applicable anniversary date. SECTION II DUTIES AND RESPONSIBILITIES OF THE EMPLOYER 2.1 Final Authority The Employer retains all final authority and responsibility for the Group Health Plan including, but not limited to eligibility and enrollment for coverage under the Group Health Plan, the existence of coverage, the benefits structure of the Group Health Plan, claims payment decisions, cost containment program decisions, utilization benefits management, compliance with the requirements of COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985, as amended), compliance with the requirements of ERISA (Employee Retirement Income Security Act of 1974, as amended), compliance with reporting and remitting abandoned property funds, and compliance with any other state and federal law or regulation applicable to the Employer, the Group Health Plan, or the administration of the Group Health Plan. The Employer agrees to provide BCBSF with any information BCBSF reasonably requires in order to perform the administrative services set forth herein. 2.2 Eligibility and Enrollment As of the first day of the term of this Agreement, the Employer will have delivered to BCBSF enrollment information regarding eligible and properly enrolled members, as determined by the Employer. The Employer shall deliver to BCBSF all employee and dependent eligibility status changes on a monthly basis, or more frequently as mutually agreed by the parties. The Employer shall be responsible for providing each covered employee with a copy of the plan document which shall include the Group Health Plan. 2.3 Financial Obligations A. Claims Payment The Employer is financially responsible for the payment of all claims paid under the Group Health Plan. Financial arrangements regarding the payment of such claims are set forth in Exhibit "B". 2 B. Administrative Fees The Employer agrees to promptly pay all administrative fees as set forth in Exhibit "B". Administrative fees are not subject to change during the initial term of this Agreement, except as set forth below. The administrative fees shall be payable to BCBSF within 10 days of written notification to the Employer of the amount owed. C. Late Charges In the event the Employer fails to pay any amount owed in full by the due date, the Employer shall pay BCBSF, in addition to the amount due, a late charge as set forth in Exhibit "B". D. Modifications BCBSF may modify the administrative fees contained in Exhibit "B" at any time on or after the initial term, upon giving forty-five (45) days prior written notice to the Employer. Additionally, BCBSF, at any time, may modify the administrative fee, if the Employer substantially modifies the Group Health Plan or changes enrollment. 2.4 Use of Names and Logos The Employer agrees to allow BCBSF to use the Employer's name and logo on I.D. cards and other forms necessary to effectuate this Agreement, and to promote the Employer's relationship with BCBSF to potential or existing providers. BCBSF shall not use the Employer's name or logo for any other purpose without the prior written consent of the Employer. The Employer agrees that the names, logos, symbols, trademarks, tradenames, and service marks of BCBSF, whether presently existing or hereafter established, are the sole property of BCBSF and BCBSF retains the right to the use and control thereof. The Employer shall not use BCBSF's name, logos, symbols, trademarks or service marks in advertising or promotional materials or otherwise without the prior written consent of BCBSF and shall cease any such usage immediately upon written notice by BCBSF or upon termination of this Agreement, whichever is sooner. SECTION III DUTIES AND RESPONSIBILITIES OF BCBSF 3.1 Generally It is understood and agreed that BCBSF is empowered and required to act with respect to the Group Health Plan only as expressly stated herein. The Employer and BCBSF agree that BCBSF's role is to provide administrative claims payment services, that BCBSF does not assume any financial risk or obligation with respect to claims, that the services rendered by BCBSF under this Agreement shall not include the power to exercise control over the Group Health Plan's assets, if any, or discretionary authority over the Health Care Plan's operations, and that BCBSF will not for any purpose, under ERISA or otherwise, be deemed to be the "Plan Administrator" of the Group Health Plan or a "fiduciary" with respect to the Group Health Plan. BCBSF's services hereunder are intended to and shall consist only of ministerial functions. The Group Health Plan's "Administrator" for purposes of ERISA is the Employer. 3.2 Enrollment: Forms and I.D. Cards BCBSF shall enroll those individuals who have completed an application and are identified by the Employer as eligible for benefits under the Group Health Plan on the effective date of this Agreement, and subsequently during the continuance of this Agreement. BCBSF shall be entitled to rely on the information furnished to it by the Employer, and the Employer shall hold BCBSF harmless for any inaccuracy or failure to provide such information in a timely manner. BCBSF shall furnish to the Employer, for distribution to persons participating in the Group Health Plan, a supply of identification cards, benefit plan descriptions, forms to be used for submission of claims and enrollment, and any other forms necessary for the administration of the Group Health Plan, as determined by BCBSF. 3.3 Claims Processing BCBSF shall provide claims processing services on behalf of the Employer for all properly submitted claims, in accordance with the benefits and procedures set forth in Exhibit "A", using funds solely supplied by the Employer, as set forth in Exhibit "B". BCBSF shall furnish each claimant with an explanation of each claim that is paid, rejected, suspended or denied. For purposes of this Agreement, the term "claim(s)" shall be defined as the amount paid or payable by BCBSF to providers of services and/or covered group members under this Agreement and the Group Health Plan, and in conformity with any agreements BCBSF enters into with such providers of services, and includes capitation, physician incentives, pharmacy, physician, hospital and other fee -for -service claims expenditures. 3.4 Program Administration BCBSF shall administer its established cost containment programs and utilization benefits management programs, as selected by the Employer and described in the Group Health Plan. 4 BCBSF shall make available its Preferred Provider Organization Program(s) to covered group members and their covered dependents, as set forth in the Group Health Plan. Any agreements between providers of services and BCBSF are the sole property of BCBSF and BCBSF retains the right to the use and control thereof. 3.5 Inaccurate Payments Whenever BCBSF becomes aware that the payment of a claim under the Group Health Plan to any person was, or may have been, made which was not in accordance with the terms of the Group Health Plan, whether or not such payment was BCBSF's fault, and whether or not such payment was more than or less than was appropriate under the terms of the Group Health Plan, BCBSF shall investigate such payment in accordance with its standard commercial insurance business practices and either 1) for a payment of $50.00 or more, make a diligent effort to recover any payment which was more than was appropriate under the Group Health Plan or 2) as the case may be, adjust any claim the payment of which was less than appropriate under the Group Health Plan. The Employer delegates to BCBSF the discretion and the authority to determine under what circumstances to compromise a claim or to settle for less than the full amount of the claim. In the event any part of an inaccurate payment is recovered, the Employer will receive a refund from BCBSF. Nothing herein shall require BCBSF to institute a legal action or suit to recover payments made by BCBSF. Additionally, the Employer delegates to BCBSF the discretion and authority to pursue recoveries for claims paid as a result of fraud, abuse or other inappropriate action by a third party , including the right to opt -out or opt -in the Employer from any class action. These claims include, but are not limited to, all legal claims the Employer can assert whether based on common law or statute such as RICO, antitrust, deceptive trade practices, consumer fraud, insurance fraud, unjust enrichment, breach of fiduciary duty, breach of contract, breach of covenant of good faith and fair dealing, torts (including fraud, negligence, and product liability), breach of warranty, medical monitoring, false claims and kickbacks. If BCBSF obtains a recovery from any of these efforts, BCBSF will reimburse the Employer's pro rata share of the recovery. This share is calculated from the Employer's claims history or covered members at the time of such recovery, less the Employer's pro rata share of costs, if any, fees paid to outside counsel and any other costs incurred in obtaining that recovery. BCBSF will not charge the Employer for any costs if BCBSF does not obtain a recovery that exceeds those costs. 3.6 Records and Reports BCBSF agrees to establish, maintain and provide to the Employer, records and reports generated for the purposes of reporting claims experience and conducting audits of operations. BCBSF will provide claims information only in accordance with Exhibit C (and Exhibit D, if applicable) to this Agreement. BCBSF will not provide any information with regard to provider pricing agreements or any other information which is of a confidential or proprietary nature, as determined by BCBSF. 3.7 Pharmacy Rebates In certain circumstances, BCBSF and/or its pharmacy benefit manager ("PBM") negotiate(s) and receive(s) formulary rebates, volume discounts, and/or fees from certain drug manufacturers as a result of the inclusion of such manufacturer's branded products on BCBSF's formularies ("Rebates"). The PBM generally passes Rebates through to BCBSF, less a 12.5% fee as part of its compensation for its services. At times, the PBM may pass through a guaranteed minimum amount per prescription that exceeds the Rebates otherwise payable to BCBSF. In either situation, BCBSF passes through 100% of the amounts it receives to the Employer. BCBSF may receive a portion of the Rebates on a prepaid, estimated basis, before any drug claims are filed and paid. To the extent that BCBSF receives prepaid, estimated rebate amounts, BCBSF retains, as part of its compensation, the interest earned on such amounts from the time it receives such prepayments until it forwards the Employer's Rebates. This time period is generally nine to twelve months. BCBSF expects to earn interest at the rate of 1.25% per annum. BCBSF pays the Employer its Rebates or guaranteed minimum amount after BCBSF is able to determine the share attributable to the drug claims actually made by Employer's group members. This typically occurs seven to nine months after the end of the calendar quarter in which the drugs were dispensed. BCBSF will provide more specific information on the amounts retained by BCBSF or the PBM upon request by the Employer. 3.8 Claims Payments The source or sources of payment under the Group Health Plan are to be only the assets of the Employer, and BCBSF will have no liability whatsoever for providing a source from which payments will be made under the Group Health Care Plan. 3.9 Providers Outside the State of Florida A. BlueCard BCBSF participates in a program called "BlueCard." Whenever member's access health care services outside the geographic area BCBSF serves, the claim for those services may be processed through BlueCard and presented to BCBSF for payment in conformity with network access rules of the BlueCard Policies then in effect ("Policies"). Under BlueCard, when members receive covered health care services within the geographic area served by an on -site Blue Cross and/or Blue Shield Licensee ("Host Blue"), BCBSF will remain responsible to Employer for fulfilling BCBSF contract obligations. However, the Host Blue will only be responsible, in accordance with applicable BlueCard Policies, if any, for providing such services as contracting with its participating providers and handling all interaction with its participating providers. The financial terms of BlueCard are described generally below. B. Liability Calculation Method Per Claim The calculation of member liability on claims for covered health care services incurred outside the geographic area BCBSF serves and processed through BlueCard will be based on the lower of the provider's billed charges or the negotiated price BCBSF pays the Host Blue. The calculation of Employer's liability on claims for covered health care services incurred outside the geographic area BCBSF serves and processed through BlueCard will be based on the negotiated price BCBSF pays the Host Blue. The methods employed by a Host Blue to determine a negotiated price will vary among Host Blues based on the terms of each Host Blue's provider contracts. The negotiated price paid to a Host Blue by Administrator on a claim for health care services processed through BlueCard may represent: (i) the actual price paid on the claim by the Host Blue to the health care provider ("Actual Price"), or (ii) an estimated price, determined by the Host Blue in accordance with BlueCard Policies, based on the Actual Price increased or reduced to reflect aggregate payments expected to result from settlements, withholds, any other contingent payment arrangements and non -claims transactions with all of the Host Blue's health care providers or one or more particular providers ("Estimated Price"), or (iii) an average price, determined by the Host Blue in accordance with BlueCard Policies, based on a billed charges discount representing the Host Blue's average savings expected after settlements, withholds, any other contingent payment arrangements and non -claims transactions for all of its providers or for a specified group of providers ("Average Price"). An Average Price may result in greater variation to the member and the Employee from the Actual Price than would an Estimated Price. Host Blues using either the Estimated Price or Average Price will, in accordance with BlueCard Policies, prospectively increase or reduce the Estimated Price or Average Price to correct for over - or underestimation of past prices. However, the amount paid by the member and the Employer is a final price and will not be affected by such prospective adjustment. In addition, the use of a liability calculation method of Estimated Price orAverage Price may result in some portion of the amount paid by the Employer being held in a variance account by the Host Blue, pending settlement with its participating providers. Because all amounts paid are final, the fund held in a variance account, if any, do not belong to the Employer and are eventually exhausted by provider settlements and through prospective adjustment to the negotiated prices. Statutes in a small number of states may require a Host Blue either (1) to use a basis for calculating the member's liability for covered health care services that does not reflect the entire savings realized, or expected to be realized, on a particular claim or (2) to add a surcharge. Should any state statutes mandate liability calculation methods that differ from the negotiated price methodology or require a surcharge, BCBSF would then calculate member's liability and the Employer liability for any covered health care services consistent with the applicable state statute in effect at the time the member received those services. C. Return of Recoveries Under BlueCard, recoveries from a Host Blue or from participating providers of a Host Blue can arise in several ways, including but not limited to anti -fraud and abuse audits, provider/hospital audits, credit balance audits, utilization review refunds, and unsolicited refunds. In some cases, the Host Blue will engage third parties to assist in discovery or collection of recovery amounts. The fees of such a third party are netted against the recovery. Recovery amounts, net of fees, if any, will be applied in accordance with applicable BlueCard Policies, which generally require correction on a claim -by -claim or prospective basis. Unless otherwise agreed to by the Host Blue, Home Licensees may request adjustments from the Host Blue for full provider refunds due to the retroactive cancellation of membership only for one year after the Inter -Licensee financial settlement process date of the original claim. However, recovery of claim payments associated with a retroactive cancellation may not be possible if the recovery conflicts with the Host Blue's state law, provider contracts or jeopardizes its relationship with its providers. D. BlueCard Fees and Compensation Employer understands and agrees (1) to pay certain fees and compensation to BCBSF which BCBSF is obligated under BlueCard to pay to the Host Blue, to the Blue Cross Blue Shield Association, or to the BlueCard vendors, unless BCBSF's contract obligations to the Employer require those fees and compensation to be paid only by Administrator and (2) that fees and compensation under BlueCard may be revised from time to time without Employer's prior approval in accordance with the standard procedures for revising fees and compensation under BlueCard. Some of these fees and compensation are charged each time a claim is processed through BlueCard and include, but are not limited to, access fees, administrative expense allowance fees, Central Financial Agency Fees, and ITS Transaction Fees. Also, some of these claim -based fees, such as the access fee and the administrative expense allowance fee may be passed on to the Employer as an additional claim liability. Other fees include, but are not limited to, an 800 number fee and a fee for providing provider directories. E. Inconsistencies To the extent of any inconsistency between the above provision titled "Providers Outside the State of Florida" and other terms or conditions of the Agreement, the above provision controls. SECTION IV TERMINATION 4.1. Administration After Termination The Employer is solely liable and responsible for all claims incurred under the Group Health Plan by its covered group members and their dependents during the term of this Agreement, including those incurred claims which are not presented to the Employer or BCBSF during the term of this Agreement. BCBSF will adjudicate all claims incurred during the term of this Agreement. For purposes of this Agreement, the date of an incurred claim is the date the particular service was rendered or the supply was furnished. After the effective date of termination of this Agreement, the Employer will continue to provide BCBSF with funds to pay claims incurred prior to the termination date and will continue to pay the applicable administrative fees as set forth in Exhibit "B". 4.2 Unilateral Termination The Employer or BCBSF may unilaterally terminate this Agreement without cause upon 90 days prior 'written notice to the other after the initial term of this Agreement. 4.3 Termination On Anniversary Date After the initial term, this Agreement shall automatically terminate as of the date of any anniversary of the effective date of this Agreement, if either the Employer or BCBSF has given at least 30 days prior written notice to the other of its intention not to renew this Agreement as of that anniversary date. 4.4 Termination Upon Default Upon the occurrence of any of the following events, this Agreement will automatically terminate at the end of the 8th business day following the day upon which the Employer or BCBSF is notified of any of the events of default set forth hereunder, and then only in the event that the Employer or BCBSF has not cured the incident of default: The Employer's failure to provide adequate funds, as set in Exhibit "B", as necessary for the payment of claims pursuant to the Group Health Plan; 2. The Employer's failure to pay any administrative fees or late penalty as set forth in Exhibit "B" of this Agreement; 3. The Employer ceases to maintain a Group Health Plan; 4. The Employer modifies the Group Health Plan rithout the prior written consent of BCBSF; 5. At any time BCBSF has reasonable grounds for insecurity with respect to the Employer's financial ability to adequately fund the Group Health Plan, and the Employer has failed to immediately provide adequate assurances of financial soundness to BCBSF; 6. At any time any judicial or regulatory body determines that this Agreement, or any provision of this Agreement, is invalid or illegal, or that this arrangement constitutes an insurance policy or program which is subject to state and/or federal insurance regulations and/or taxation; 7. At any time the Employer or BCBSF otherwise materially breaches this Agreement. 4.5 Rights and Responsibilities Upon Termination In the event of termination of this Agreement, the Employer will immediately notify each covered group member of the termination date. 10 Termination of this Agreement for any reason shall not affect the rights or obligations of either party which arise prior to the date of termination. SECTION V LEGAL ACTION; INDEMNIFICATION 5.1 Standard of Care BCBSF and the Employer shall each use the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims in the performance of its duties hereunder. 5.2 Liability' Indemnification BCBSF shall not be liable to the Employer or any other person for any mistake of judgment or other action taken in good faith, or for any loss or damage occasioned thereby, unless the loss or damage is due to BCBSF's gross negligence, criminal conduct or fraudulent acts. To the extent allowed by law the Employer hereby agrees to indemnify and hold harmless BCBSF, its directors, officers, employees and agents against any and all actions, claims, lawsuits, settlements, judgments, costs, interest, penalties, expenses and taxes, including but not limited to, attorneys fees and courts costs, resulting from or arising directly or indirectly out of or in connection with any function of BCBSF under this Agreement, including the administration of any Cost Containment or Utilization Benefit Management Programs, or payments made pursuant to the direction of the Employer, or arising from any legal action or proceeding to recover benefits under this Agreement, in consequence of any acts or omissions occurring during the operation of this Agreement alleged to be a breach of fiduciary duty under ERISA, or arising from any allegation of a breach of confir'entiality arising out of a release of confidential information to the Group or a third party unless it is determined that the direct and sole cause of such liability was the result of gross negligence, criminal conduct or fraudulent acts on the part of BCBSF or any of its directors, officers, employees or agents. Further, to the extent allowed by law the Employer agrees to indemnify and hold harmless BCBSF for any taxes or assessments, including penalties and interest, or any other amounts legally levied based on the terms of this Agreement. This provision applies to any amounts imposed, now or later, under the authority of any federal, state, or local taxing jurisdiction. This provision will continue in effect after termination of this Agreement for any reason. I 5.3 Legal Actions In the event BCBSF is served with process in any lawsuit or is made a party to any arbitration proceeding or other legal action relating to any matter for which indemnification is required under the preceding paragraph, the Employer shall, upon written request by BCBSF, immediately furnish a defense to and indemnify and hold harmless BCBSF in any such lawsuit, proceeding or other action and shall use its best efforts to secure, by motion or otherwise, the dismissal of BCBSF from such lawsuit, proceeding or other action. BCBSF will provide the Employer with available data and materials that are reasonably neca ssary for the preparation of the defense of such lawsuit, proceeding or other action. SECTION VI MISCELLANEOUS PROVISIONS 6.1 Amendment Except as otherwise provided for herein, this Agreement may be modified, amended, renewed, or extended only upon mutual agreement, in writing, signed by the duly authorized representatives of the Employer and BCBSF. 6.2 Subsidiaries and Affiliates Any of the functions to be performed by BCBSF under this Agreement may be performed by BCBSF or any of its subsidiaries, affiliates, or designees. 6.3 Governing Law This Agreement is subject to and shall be governed by the laws of the State of Florida, except where those laws are preempted by the laws of the United States. 6.4 Venue All actions or proceedings instituted by the Employer or BCBSF hereunder shall be brought in a court of competent jurisdiction in Broward County, Florida. 6.5 Waiver of Breach Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or a different provision. 6.6 Inconsistencies If the provisions of this Agreement are in any way inconsistent with the provisions of the Group Health Plan, then the provisions of this Agreement shall prevail and 12 the other provisions shall be deemed modified, but only to the extent necessary to implement the intent of the parties expressed herein. 6.7 Notices Any notice required to be given pursuant to this Agreement shall be in, writing, postage pre -paid, and shall be sent by certified or registered mail, return receipt requested, or by Federal Express or other overnight mail delivery for which evidence of delivery is obtained by the sender, to BCBSF or the Employer at the addresses indicated on the first page of this Agreement, or such other addresses that the parties may hereafter designate. The notice shall be effective on the date the notice was posted. 6.8 Entire Agreement This Agreement, including the attachments hereto, contains the entire agreement between BCBSF and the Employer with respect to the specific subject matter hereof. Any prior agreements, promises, negotiations or representations, either verbal or written, relating to the subject matter of this Agreement and not expressly set forth in this Agreement are of no force and effect. 6.9 Severability In the event any provision of this Agreement is deemed to be invalid or unenforceable, all other provisions shall remain in full force and effect. 6.10 Bindinq Effect of Agreement The Agreement shall be binding upon and inure to the benefit of the parties, their agents, servants, employees, successors, and assigns unless otherwise set forth herein or agreed to by the parties. 6.11 Survival The rights and obligations of the parties as set forth herein shall survive the termination of this Agreement to the extent necessary to effectuate the intent of the parties as expressed herein. 6.12 Independent Relationship Notwithstanding any other provision of this Agreement, in the performance of the obligations of this Agreement, each party is at all times acting and performing as an independent contractor with respect to the other party. It is further expressly agreed that no work, act, commission or omission of either party (or any of its agents or employees) pursuant to the terms and conditions of this Agreement, shall be construed to make or render such 13 party (or any of its agents or employees) an agent, servant, representative, or employee of, or joint venture with, such other party. 6.13 Execution of Agreement This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, on the date first written above, the parties have caused this Agreement to be executed by their duly authorized representatives. BLUE CROSS AND BLUE SHIELD ST. LUCIE BOARD OF COUNTY FLORIDA, INC. COMMISSIONERS Signature Name (Printed) Title Date Signature Name (Printed) Title Date 14 "EXHIBIT "A" to the ADMINISTRATIVE SERVICES AGREEMENT between BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC. and ST. LUCIE BOARD OF COUN TY COMMISSIONER: GROUP HEALTH PLAN The entire Group Health Plan is attached hereto and made a part of this Agreement. -A1- EXHIBIT "B" to the ADMINISTRATIVE SERVICES AGREEMENT between BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC. and ST. LUCIE BOARD OF COUNTY COMMISSIONERS FINANCIAL ARRANGEMENTS Effective Date The effective date of this Exhibit is January 1, 2010. H. Monthly Payments. A. Each month, BCBSF will notify the Employer of the amount due to satisfy the previous month's paid claims liability. BCBSF also will provide the Employer with a detailed printout of the previous month's claims payments. The Employer agrees to pay the full amount of the bill within ten (10) days of the written notification. If the payment is not received by BCBSF within 30 days of written notification, the payment will be considered past due and subject to a late payment charge, as set forth below. Additionally, BCBSF will immediately suspend claims until payment is received by BCBSF. B. The Employer agrees to pay to BCBSF, each month during and after the term of this Agreement, an administrative fee, as set forth below. The Employer agrees to pay to BCBSF, each month, the administrative fee within ten (10) days of the written notification of the amount due. If payment is not received by BCBSF by the due date, the payment will be considered past due and subject to a late payment charge, as set forth below. Additionally, BCBSF will immediately suspend claims until payment is received by BCBSF. III. Funding Information A. Method of Funding Transfer: ACH M. IV. Administrative Fees: A. Administrative fees during the term of the Agreement: $66.52 per enrolled employee per month from January 1, 2010 through December 31, 2011 $68.23 per enrolled employee per month from January 1, 2012 through December 31, 2012 $69.99 per enrolled employee per month from January 1, 2013 through December 31, 2014 B. Administrative fees after the termination of the Agreement: 15% of claims paid. V. Late Payment Penalty A. One percent per month times the amount of overdue payment. VI. Expected Enrollment A. The administrative fees referenced above are based on an expected enrollment of: 1,139. B. If the actual enrollment is materially different from this expected enrollment, BCBSF reserves the right to adjust the administrative fees as set forth in the Agreement. Actual administrative fees will be charged based on actual enrollment. WPA EXHIBIT "C" to file ADMINISTRATIVE SERVICES AGREEMENT between BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC. and ST. LUCIE BOARD OF COON TY COMMISSIONERS HIPAA-AS ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT This addendum ("Addendum") is effective upon execution and amends that Administrative Services Agreement ("Agreement") made as of January 1, 2010 by and among Blue Cross and Blue Shield of Florida, Inc. ("BCBSF"); St. Lucie Board of County Commissioners ("Employer") and St. Lucie Board of County Commissioners Health Plan ("GHP"). WHEREAS, Employer has established and maintains GHP as a self -insured employee welfare benefit plan, as described in GHP's Plan Document .(referred to in the Agreement as the Group Health Plan); and WHEREAS, Employer and GHP desire to retain BCBSF to provide certain claim processing and administrative services with respect. to GHP; and WHEREAS, Employer, GHP, and BCBSF agree to modify the Agreement to incorporate the provisions of this Addendum to address applicable requirements of the implementing regulations, codified at 45 Code of Federal Regulations ("C.F.R.") Parts 160-64, for the Administrative Simplification provisions of Title II, Subtitle F of the Health Insurance Portability and Accountability Act of 1996 (collectively, "HIPAA-AS"), so that GHP may meet its compliance obligations under HIPAA-AS, and to include additional provisions that Employer, GHP, and BCBSF desire to have as part of the Agreement; NOW, THEREFORE, in consideration of the mutual promises contained herein, Employer, GHP, and BCBSF hereby agree as follows: PART 1—DEFINITIONS I. DEFINITIONS All capitalized terms in this Addendum that are not defined by this Addendum will have the meaning ascribed to them by 45 C.F.R. Parts 160-64. The following terms have the following meanings when used in this Addendum: A. "Covered Employee" means the person to whom coverage under GHP has been extended by Employer. -ci- B. "Covered Person" means the Covered Employee and any other persons to whom coverage has been extended under GHP as specified by GHP's Plan Document. C. "Creditable Coverage Certificate" means a certificate disclosing information relating to an individual's creditable coverage under a health care benefit program for purposes of reducing any preexisting condition limitation or exclusion imposed by any group health plan coverage. D. "Disclose" and "disclosure" mean, with respect to Protected Health Information, release, transfer, providing access to or divulging to a person or entity not within BCBSF. E. "Electronic Protected Health Information" means Protected Health Information that is (1) transmitted by electronic media or (2) maintained in electronic media. F. "Protected Health Information" means the Protected Health Information, as that term is defined in 45 C.F.R. § 160.103, that BCBSF creates or receives for, on behalf of, or from GHP (or from a GHP Business Associate) in the performance of BCBSF's duties under the Agreement and this Addendum. For purposes of this Addendum, Protected Health Information encompasses Electronic Protected Health Information. G. "Plan Document" means GHP's written documentation that informs Covered Persons of the benefits to which they are entitled from GHP and describes the procedures for (1) establishing and carrying out funding of the benefits to which Covered Persons are entitled under GHP, (2) allocating and delegating responsibility for GHP's operation and administration, and (3) amending the Plan Document. Employer and GHP represent and warrant that GHP's Plan Document provides for the allocation and delegation of the responsibilities assigned to BCBSF under the Agreement. H. "Use" means, with respect to Protected Health Information, utilization, employment, examination, analysis or application within BCBSF. PART 2--BCBSF'S RESPONSIBILITIES II. SERVICES PROVIDED BY BCBSF During the continuance of the Agreement, BCBSF will perform the services set forth in the Agreement with respect to the benefits offered to Covered Persons by GHP. -C2- M. PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION A. Preservation of Privacy BCBSF will keep confidential all Protected Health Information that BCBSF creates or receives on GHP's behalf or receives from GHP (or another Business Associate of GHP) in the performance of its duties under the Agreement and this Addendum. B. Prohibition on Non -Permitted Use or Disclosure BCBSF will neither use nor disclose Protected Health Information (including any Protected Health Information that BCBSF may receive from a GHP Business Associate) except (1) as permitted or required by this Addendum, (2) as permitted or required in writing by GHP, or (3) as Required by Law. C. Permitted Uses and Disclosures BCBSF will be permitted to use or disclose Protected Health Information only as follows: 1. GHP's Payment Activities and Health Care Operations BCBSF will be permitted to use and disclose Protected Health InformaJon for Payment, Health Care Operations, and Data Aggregation for GHP, including programs administered by BCBSF for GHP that may improve the quality and reduce the cost of care Covered Persons receive. Those programs administered by BCBSF for GHP: x include (but are not limited to) do not include a payer -based health record program (i.e., Care Profile). 2. Another Covered Entity's Payment Activities and Health Care Operations BCBSF will be permitted to disclose Protected Health Information in accordance with 45 C.F.R. § 164.506(c) for the Payment activities of another Covered Entity or Health Care Provider and for the qualifying Health Care Operations of another Covered Entity. 3. Provider's Treatment Activities BCBSF will be permitted to disclose Protected Health Information in accordance with 45 C.F.R. § 164.506(c) for the Treatment activities of a Health Care Provider. -C3- 4. Covered Person Permission BCBSF will be permitted to use or disclose Protected Health Information in accordance with an authorization or other permission granted by an Individual (or the Individual's Personal Representative) in accordance with 45 C.F.R. § 164.508 or 45 C.F.R. § 164.510, as applicable. 5. BCBSF's Own Management and Administration a. Protected Health Information Use BCBSF will be permitted to use Protected Health Information as necessary for BCBSF's proper management and administration or to carry out BCBSF's legal responsibilities. b. Protected Health Information Disclosure BCBSF will be permitted to disclose Protected Health Information as necessary for BCBSF's proper management and administration or to carry out BCBSF's legal responsibilities only (i) if the disclosure is Required by Law, or (ii) if before the disclosure, BCBSF obtains from the entity to which the disclosure is to be made reasonable assurance, evidenced by written contract, thy; the entity will (1) hold Protected Health Information in confidence, (2) use or further disclose Protected Health Information only for the purposes for which BCBSF disclosed it to the entity or as Required by Law; and (3) notify BCBSF of any instance of which the entity becomes aware in which the confidentiality of any Protected Health Information was breached. 6. De -Identified Health Information BCBSF may use Protected Health Information to create De -Identified Health Information in conformance with 45 C.F.R. § 164.514(b). BCBSF may use and disclose De -Identified Health Information for any purpose, including after any termination of the Agreement and this Addendum. 7. Limited Data Set a. Creation of Limited Data Set. BCBSF may use Protected Health Information to create a Limited Data Set: that contains the minimum amount of Protected Health Information reasonably necessary to accomplish the purposes set out in Paragraph b of this Section III.C.6, below; and -C4- ii. from which have been removed all of the direct identifiers, as specified in 45 C.F.R. § 164.514(e)(2), of the Individuals whose Protected Health Information is included in the Limited Data Set and of the relatives, household members and employers of those Individuals. b. BCBSF's Permitted Uses and Disclosures. BCBSF may use and disclose the Limited Data Set for only Health Care Operations permitted by this Addendum. C. Prohibition on Unauthorized Use or Disclosure. i. BCBSF will neither use nor disclose the Limited Data Set for any purpose other than as permitted by Paragraph b of this Section III.C.6, as otherwise permitted in writing by GHP, or as Required by Law. ii. BCBSF is not authorized to use or disclose the Limited Data Set in a manner that would violate the Privacy Rule, 45 C.F.R. Pert 164, Subpart E, if done by GHP. iii. BCBSF will not attempt to identify the information contained in the Limited Data Set or contact any Individual who may be the subject of information contained in the Limited Data Set. d. Information Safeguards. BCBSF will adopt and use appropriate administrative, physical, and technical safeguards to preserve the integrity and confidentiality of the Limited Data Set and to prevent its use or disclosure other than as permitted by this Section III.C.6. e. Permitted Subcontractors, and Agents. BCBSF will require any agent or subcontractor to which it discloses the Limited Data Set, to agree to comply with the same restrictions and conditions that apply to BCBSF's use and disclosure of the Limited Data Set pursuant to this Section III.C.6. f. Breach of Privacy Obligations. BCBSF will report to GHP any use or disclosure of the Limited Data Set that is not permitted by this Section III.C.6 of which BCBSF becomes aware. -05- D. Minimum Necessary BCBSF will, in the performance of its functions and activities on GHP's behalf under the Agreement and this Addendum, make reasonable efforts to use, to disclose, or to request of a Covered Entity only the minimum necessary amount of Protected Health Information to accomplish the intended purpose of the use, the disclosure, or the request, except that BCBSF will not be obligated to comply with this minimum necessary limitation with respect to: 1. Disclosures to GHP, as distinguished from disclosures to Employer; 2. Disclosure to or request by a health care provider for Treatment; 3. Use with or disclosure to a Covered Person who is the subject of Protected Health Information, or that Covered Person's Personal Representative; 4. Use or disclosure made pursuant to an authorization compliant with 45 C.F.R. § 164.508 that is signed by an Individual who is the subject of Protected Health Information to be used or disclosed, or by that Individual's Personal Representative, as defined in 45 C.F.R. § 164.502(g); 5. Disclosure to the United States Department of Health and Human Services ("DHHS") in accordance with Section Vill below; 6. Use or disclosure that is Required by Law; or 7. Any other use or disclosure that is excepted from the minimum necessary limitation as specified in 45 C.F.R. § 164.502(b)(2). E. Disclosure to GHP and GHP's Business Associates Other than disclosures permitted by Section III.C. above, BCBSF will not disclose Protected Health Information to GHP, a GHP Business Associate, or a GHP Vendor, except as directed by GHP in writing. F. Disclosure to BCBSF's Subcontractors and Agents BCBSF may disclose Protected Health Information to a subcontractor or agent. BCBSF will require each subcontractor and agent to which BCBSF may disclose Protected Health Information to provide reasonable assurance, evidenced by written contract, that such subcontractor or agent will comply with the same privacy and security obligations with respect to Protected Health Information as this Addendum applies to BCBSF. -C6- G. Disclosure to Employer BCBSF will not disclose any Protected Health Information to Employer, except as permitted by and in accordance with PART 3 below. H. Reporting Non -Permitted Use or Disclosure and Security Incidents 1. Privacy Breach BCBSF will report to GHP any use or disclosure of Protected Health Information not permitted by this Addendum or in writing by GHP of which BCBSF becomes aware. 2. Security Incidents BCBSF will report to GHP any incident of which BCBSF becomes aware that is (a) a successful unauthorized access, use or disclosure of Electronic Protected Health Information; or (b) a successful major (i) modification or destruction of Electronic Protected Health Information or (ii) interference with system operations in an Information System containing Electronic Protected Health Information. Upon GHP's request, BCBSF will report any incident of which BCBSF becomes aware that is a successful minor (a) modification or destruction of Electronic Protected Health Information or (b) interference with system operations in an Information System containing Electronic Protected Health Information. I. Duty to Mitigate BCBSF will mitigate to the extent practicable any harmful effect of which BCBSF is aware that is caused by any use or disclosure of Protected Health Information in violation of this Addendum. J. Termination of Addendum GHP will have the right to terminate the Agreement and this Addendum if BCBSF has engaged in a pattern of activity or practice that constitutes a material breach or violation of BCBSF's obligations regarding Protected Health Information under this Addendum and, on notice of such material breach or violation from GHP, fails to take reasonable steps to cure the breach or end the violation. If BCBSF fails to cure the material breach or end the violation within 90 days after receipt of GHP's notice, GHP may terminate the Agreement and this Addendum by providing BCBSF written notice of termination, stating the uncured material breach or violation that provides the basis for the termination and specifying the effective date of the termination. -C7- K. Disposition of Protected Health Information 1. Return or Destruction Feasible Upon termination of the Addendum, BCBSF will, if feasible, return to GHP or destroy, all Protected Health Information in BCBSF's custody or control (or in the custody or control of any subcontractor or agent to which BCBSF disclosed Protected Health Information). BCBSF will complete such return or destruction as promptly as practical after termination of the Addendum. 2. Return or Destruction Not Feasible BCBSF will identify for GHP any Protected Health Information that BCBSF (or any subcontractor or agent to which BCBSF disclosed Protected Health Information) cannot feasibly return to GHP or destroy upon termination of the Addendum and will describe the purposes that make the return to GHP or destruction infeasible. BCBSF will limit its (and, by its written contract pursuant to Section III.F. above, any subcontractor's or agent's) further use or disclosure of Protected Health Information after termination of the Addendum to the purposes that make return to GHP or destruction infeasible and to those uses or disclosures Required by Law. 3. Ongoing Privacy and Security Obligations BCBSF's obligations to preserve the privacy and safeguard the security of Protected Health Information as specified in this Addendum will survive termination or other conclusion of the Agreement and this Addendum. IV. ACCESS AMENDMENT AND DISCLOSURE ACCOUNTING FOR PROTECTED HEALTH INFORMATION A. Access BCBSF will, consistent with 45 C.F.R. § 164.524(b)(2), make available to the Covered Person (or the Covered Person's Personal Representative) for inspection and copying any of the Protected Health Information about the Covered Person that qualifies as part of a Designated Record Set that BCBSF has in its custody or control, and that is not exempted from access by 45 C.F.R. § 164.524(a), so that GHP can meet its access obligations under 45 C.F.R. § 164.524. B. Amendment BCBSF will, consistent with 45 C.F.R. § 164.526(b)(2), amend, pursuant to a Covered Person's written request to amend (or a written request to amend by the Covered Person's Personal Representative), any portion of Protected Health Information about the Covered Person that qualifies as part of a Designated Record Set -C8- that BCBSF has in its custody or control, so that GHP can meet its amendment obligations under 45 C.F.R. § 164.526. C. Disclosure Accounting So that GHP may meet its disclosure accounting obligations under 45 C.F.R. § 164.528, BCBSF will do the following: 1. Disclosure Tracking Starting April 14, 2003, BCBSF will, consistent with 45 C.F.R. § 164.528(b), record each disclosure of Protected Health Information that is not excepted from disclosure accounting under 45 C.F.R. § 164.528(a) that BCBSF makes to GHP or to a third party ("Accountable Disclosures"). 2. Disclosure Tracking Time Periods BCBSF will have available for Covered Person the disclosure information for each Accountable Disclosure for at least six (6) years immediately following the date of the Accountable Disclosure (except BCBSF will not be required to have disclosure information for disclosures occurring before April 14, 2003). 3. Provision of Disclosure Information BCBSF will, consistent with 45 C.F.R. § 164.528(c)(1), make available to the Covered Person (or the Covered Person's Personal Representative) the disclosure information regarding the Covered Person, so that GH-, can meet its disclosure accounting obligations under 45 C.F.R. § 164.528. D. Restriction Requests GHP will direct a Covered Person to promptly notify BCBSF in the manner designated by BCBSF of any request for restriction on the use or disclosure of Protected Health Information about a Covered Person that may affect BCBSF. Consistent with 45 C.F.R. § 164.522(a), and on behalf of GHP, BCBSF will agree to or deny any such restriction request. BCBSF will not be in breach of the Agreement or this Addendum for failure to comply with a restriction request on the use or disclosure of Protected Health Information about a Covered Person unless GHP or the Covered Person (or the Covered Person's Personal Representative) notifies BCBSF in the manner designated by BCBSF of the terms of the restriction and BCBSF agrees to the restriction request in writing. E. Confidential Communications BCBSF will provide a process for a Covered Person to request that BCBSF communicate with the Covered Person about Protected Health Information about the Covered Person by confidential alternative location, and Covered Person to provide -C9- BCBSF with the information that BCBSF needs to be able to evaluate that request. Consistent with 45 C.F.R. § 164.522(b) and on behalf of GHP, BCBSF will agree to or deny any confidential communication request. Furthermore, BCBSF will develop policies and procedures consistent with 45 C.F.R. § 164.522(b) to fulfill its obligations under this paragraph. BCBSF will provide a process for termination of any requirement to communicate with the Covered Person about Protected Health Information about the Covered Person by confidential alternative location. F. Complaint Process BCBSF will, consistent with 45 C.F.R. § 164.530(d) and on behalf of GHP, provide a process for Covered Persons (or Covered Person's Personal Representative) to make complaints concerning BCBSF's policies and procedures, which policies and procedures GHP hereby adopts as its own so that GHP can meet its compliance obligations under 45 C.F.R. Part 164. V. GHP'S PRIVACY PRACTICES NOTICE A. Preparation of GHP's Privacy Practices Notices BCBSF will prepare Privacy Practices Notices appropriate for the benefit plans that BCBSF administers for GHP under the Agreement and reflective of the requirements of 45 C.F.R. Part 164 pertaining to use and disclosure of Protected Health Information and Covered Person's rights with respect to Protected Health Information. The Privacy Practices Notices will address whether GHP discloses or authorizes BCBSF to disclose to Employer enrollment data, Summary Health Information that may include Covered Persons' Individually Identifiable Health Information, or Protected Health Information for plan administration functions. Unless otherwise agreed upon by the Parties, GHP hereby adopts BCBSF's Privacy Practices Notice attached as EXHIBIT 1, and any future revisions thereof, as its own. B. Distribution of GHP's Privacy Practices Notice BCBSF will distribute GHP's then effective and appropriate Privacy Practices Notice to each new Covered Employee upon the Covered Employee's enrollment in GHP and to any Covered Employee upon request. BCBSF will distribute any GHP revised Privacy Practices Notice to each Covered Employee then enrolled in GHP, and may distribute any GHP revised Privacy Practices Notice to any other Covered Person over the age of 18 then enrolled in GHP, within sixty (60) days after any material change in GHP's Privacy Practices Notice. BCBSF will distribute GHP's Privacy Practices Notice to any Covered Person requesting it. Additionally, every three (3) years after April 14, 2003, BCBSF will notify each Covered Employee then enrolled in GHP, and may notify any other Covered Person over the age of 18 then enrolled in GHP, of the availability of GHP's Privacy Practices Notice upon request. -CiO- C. BCBSF to Comply with Notices BCBSF will neither use nor disclose Protected Health Information in any manner inconsistent with the content of GHP's then current Privacy Practices Notice applicable to the benefit plans that BCBSF administers for GHP under the Agreement. VI. ISSUANCE OF CERTIFICATE OF CREDITABLE COVERAGE At the written or electronic direction of Employer or GHP, BCBSF may use and disclose Protected Health Information to issue to each Covered Person, whose coverage under a benefits plan administered pursuant to the Agreement terminates during the term of the Agreement, a Certificate of Creditable Coverage. The Certificate of Creditable .Coverage will be based upon the coverage that the Covered Person had under the benefits plan administered pursuant to the Agreement and the information that Employer or GHP provides to BCBSF regarding the Covered Person's coverage eligibility and coverage termination under that benefits plan. VII. SAFEGUARDING PROTECTED HEALTH INFORMATION A. Privacy of Protected Health Information BCBSF will maintain reasonable and appropriate administrative, physical, and technical safeguards, consistent with 45 C.F.R. § 164.530(c) and any other implementing regulations issued by DHHS that are. applicable to BCBSF as GHP's Business Associate, to protect against reasonably anticipated threats or hazards to and to ensure the security and integrity of Protected Health Information, to protect against reasonably anticipated unauthorized use or disclosure of Protected Health Information, and to reasonably safeguard Protected Health Information from any intentional or unintentional use or disclosure in violation of this Addendum. B. Security of Electronic Protected Health Information BCBSF will develop, implement, maintain, and use administrative, technical, and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of Electronic Protected Health Information that BCBSF creates, receives, maintains, or transmits on behalf of GHP consistent with the Security Rule, 45 C.F.R. Part 164, Subpart C. VIII. INSPECTION OF INTERNAL PRACTICES, BOOKS, AND RECORDS BCBSF will make its internal practices, books, and records relating to its use and disclosure of Protected Health Information available to GHP and to DHHS to determine GHP's compliance with 45 C.F.R. Part 164, Subpart E "Privacy of Individually Identifiable Health Information." PART 3—EMPLOYER'S RESPONSIBILITIES IX. DATA EXCHANGE BETWEEN EMPLOYER AND BCBSF A. Enrollment Data BCBSF may disclose to Employer the minimum necessary information regarding whether an individual is a Covered Person participating in GHP or enrolled or disenrolled from coverage under the GHP. Employer may electronically exchange data with BCBSF regarding the enrollment and disenrollment of Covered Persons as participants in GHP using the Enrollment and Disenrollment in Health Plan Standard Transaction (ASC X12N 834-Benefit Enrollment and Maintenance) as specified in 45 C.F.R. Part 162, Subpart O. B. Other Data Exchanges and Notifications Employer will exchange with BCBSF all data not otherwise addressed in this Section IX and any notification by using such forms, tape formats, or electronic formats as BCBSF may approve. Employer will furnish all information reasonably required by BCBSF to effect such data exchanges or notifications. X. SUMMARY HEALTH INFORMATION Upon Employer's written request for the purpose either (A) to obtain premium bids for providing health insurance coverage under GHP, or (B) to modify, amend, or terminate GHP, BCBSF will provide Summary Health Information regarding the Covered Persons participating in GHP to Employer. XI. EMPLOYER'S CERTIFICATION Employer hereby makes the certification specified in EXHIBIT 2 so that Employer may request and receive the minimum necessary Protected Health Information from BCBSF for those plan administration functions that Employer will perform for GHP. GHP therefore authorizes BCBSF to disclose the minimum necessary Protected Health Information to those authorized representatives of Employer as specified in EXHIBIT 3 for the plan administration functions that Employer will perform for GHP as specified in GHP's Plan Document as amended and in EXHIBIT 3. BCBSF may rely on Employer's certification and GHP's authorization that Employer has provided the requisite certification and will have no obligation to verify (1) that GHP's Plan Document has been amended to comply with the requirements of 45 C.F.R. § 164.504(f)(2), 45 C.F.R. § 164.314(b)(2), or this Section XI, or (2) that Employer is complying with GHP's Plan Document as amended. -C 12- PART 4—MISCELLANEOUS XII. AUTOMATIC AMENDMENT TO CONFORM TO APPLICABLE LAW Upon the compliance date of any final regulation or amendment to final regulation with respect to Protected Health Information, Standard Transactions, the security of Health Information, or other aspects of HIPAA-AS applicable to this Addendum or to the Agreement, this Addendum will automatically amend such that the obligations imposed on Employer, GHP, and BCBSF remain in compliance with such regulations, unless BCBSF elects to terminate the Agreement by providing Employer and GHP notice of termination in accordance with the Agreement at least 90 days before the compliance date of such final regulation or amendment to final regulation. XIII. CONFLICTS The provisions of this Addendum will override and control any conflicting provision of the Agreement. All nonconflicting provisions of the Agreement will remain in full force and effect. XIV. ADD GHP 1.S A PARTY TO AGREEMENT Notwithstanding Section 3.1 of the Agreement, in order to make clear the respective HIPAA-AS compliance obligations of BCBSF, GHP, and Employer, as set forth in this Addendum, GHP shall hereby be added as a separate party to the Agreement. XV. REVISION TO SECTION 3.3 The first sentence of Section 3.3 of the Agreement shall be deleted and replaced as follows: "The BCBSF shall provide claims processing services on behalf of the Group Health Plan." XVI. REVISION TO SECTION 3.6 In order for GHP to be able to comply with its obligations under the HIPAA-AS Privacy and Security Rules and for Employer and BCBSF to be able to comply with their obligations hereunder, the terms and conditions of Section 3.6 of the Agreement, and any subsequent amendments made thereto by the parties, shall be made subject to this Addendum. XVII. REVISION TO SECTION 6.6 Section 6.6 of the Agreement shall be given effect except with respect to the subject matter of this Addendum, in which case Section XIII of this Addendum shall control. XVIII. COMPLIANCE DATE FOR SECURITY OBLIGATIONS BCBSF's security obligations as set forth in Sections III.F, III.H.2, and VII.B herein shall take effect the later of (A) the last date set forth in PART 5 below or (B) the compliance -C13- deadline of the HIPAA-AS Security Rule (which is, as of the date hereof, April 20, 2005 or April 20 2006 for Small Health Plans). PART 5—SIGNATURES BCBSF: GROUP HEALTH PLAN: Blue Cross and Blue Shield of Florida, Inc. ST. LUCIE BOARD OF COUNTY COMMISSIONERS HEALTH PLAN By:_ Title: Date: By: _ Title: Date: EMPLOYER: ST. LUCIE BOARD OF COUNTY COMMISSIONERS By: Title: Date: -C 14- EXHIBIT 1--SAMPLE NOTICE OF PRIVACY PRACTICES THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. Si usted desea una copia de esta notificacion en espanol, por favor comuniquese con un representante de servicio al cliente utilizando el numero telefonico indicado en su tarjeta de asegurado. Health Insurance Portability And Accountability Act- Administrative Simplification (HIPAA-AS) Notice of Privacy Practices for your group health plan Sponsored by your employer and for which Blue Cross and Blue Shield of Florida, Inc. or Health Options, Inc. provides claim administration and other services. Our Legal Duty As your health plan, we are required by applicable federal and state laws to maintain the privacy of your protected health information (PHI). This notice describes our privacy practices, our legal duties, and your rights concerning your PHI. We will follow the privacy practices that are described in this notice while it is in effect. This notice took effect April 14, 2003, and will remain in effect until a revised notice is issued. We reserve the right to change our privacy practices and the terms of this notice at any time and to make the terms of our notice effective for all PHI that we maintain. Before we make a significant change in our privacy practices, we will change this notice and send the new notice to you. How we can use or disclose PHI without a specific authorization To You: We must disclose your PHI to you, as described in the Individual Rights section of this notice. For Treatment: For example: we may disclose PHI in an electronic health record we create from claims information, to a doctor or hospital at their request, in order for them to provide treatment to you. Additionally, we may disclose PHI to a doctor, dentist or a hospital at their request for their treatment purposes. For Payment: For example: we may use and disclose PHI to pay claims for services provided to you by doctors, dentists or hospitals. We may also disclose your PHI to a health care provider or another health plan so that the provider or plan may obtain payment of a claim or engage in other payment activities. -C15- For Health Care Operations: For example: we may use or disclose PHI to conduct quality assessment and improvement activities, to conduct fraud and abuse investigations, to engage in care coordination or case management or to communicate with you about health related benefits and services or about treatment alternatives that may be of interest to you. We : ,ay also disclose PHI to a health care provider or another health plan subject to federal privacy laws, as long as the provider or plan has or had a relationship with you and the PHI is disclosed only for certain health care operations of that provider or plan. We may also disclose PHI to other entities with which we have contracted to perform or provide certain services on our behalf (i.e. business associates). For Public Health and Safety: We may use or disclose PHI to the extent necessary to avert a serious and imminent threat to the health or safety of you or others. We may also disclose PHI for public health and government health care oversight activities and to report suspected abuse, neglect or domestic violence to government authorities. As Required by Law: We may use or disclose PHI when we are required to do so by law. For Process and Proceedings: We may disclose PHI in response to a court or administrative order, subpoena, discovery request, or other lawful process. For Law Enforcement: We may disclose PHI to a law enforcement official with regard to crime victims and criminal activities. Special Government Functions: We may disclose the PHI of military personnel or inmates or other persons in lawful custody under certain circumstances. We may disclose PHI to authorized federal officials for lawful national security activities. To Plan Sponsors (including employers who act as Plan Sponsors): We may disclose enrollment and disenrollment information to the Plan Sponsor of your group health plan. We may also disclose certain PHI to the Plan Sponsor to perform plan administration functions. We may disclose summary health information to the Plan Sponsor so that the Plan Sponsor may: • Obtain premium bids • Decide whether to amend, modify or terminate your group health plan For Research, Death, and Organ Donation: We may use or disclose PHI in certain circumstances related to research, death or organ donation. For Workers Compensation: We may disclose PHI as permitted by workers' compensation and similar laws. -C 16- Usc - and disclosures of PHI permitted only after authorization is received Authorization: You may give us written authorization to use your PHI or to disclose it to anyone for any purpose not otherwise permitted or required by law. If you give us an authorization, you may revoke it in writing at any time. Your revocation will not affect any use or disclosure permitted by your authorization while it was in effect. To Family and Friends: While the law permits us in certain circumstances to disclose your PHI to family, friends and others, we will do so only with your authorization. In the event you are unable to authorize such disclosure, but emergency or similar circumstances indicate that disclosure would be in your best interest, we may disclose your PHI to family, friends or others to the extent necessary to help with your health care coverage arrangements. Individual Rights To exercise any of these rights, please call the customer service number on your ID card. Access: With limited exceptions, you have the right to review in person, or obtain copies of your PHI. We may charge you a reasonable fee as allowed by law. Amendment: With limited exceptions, you have the right to request that we amend your PHI. Disclosure Accounting: You have the right to request and receive a list of certain disclosures made of your PHI. If you request this list more than once in a 12-month period, we may charge you a reasonable fee as allowed by law to respond to any additional request. Use/Disclosure Restriction: You have the right to request that we restrict our use or disclosure of your PHI for certain purposes. We are not required to agree to a requested restriction. We will agree to restrict the use or disclosure of your PHI provided the law allows and we determine the restriction does not impact our ability to administer your benefits. Even when we agree to a restriction request, we may still disclose your PHI in a medical emergency, and use or disclose your PHI for public health and safety and other similar public benefit purposes permitted or required by law. Confidential Communication: You have the right to request that we communicate with you in confidence about your PHI at an alternative address. When you call the customer service number on your ID card to request confidential communications at an alternative address, please ask for a PHI address. NOTE: If you choose to have confidential communications sent to you at a PHI address, we will only respond to inquiries from you. If you receive services from any health care providers, you are responsible for notifying those providers directly if you would like a PHI address from them. -C 17- Privacy Notice: You have the right to request and receive a copy of this notice at any time. For more information or if you have questions about this notice, please contact us using the information listed at the end of this notice. Organizations Covered by this Notice This Notice applies to the privacy practices of the organizations listed below: Your group health plan Sponsored by your employer and for which Blue Cross and Blue Shield of Florida, Inc. or Health Options, Inc. provides claim administration and other services. Complaints If you are concerned that we may have violated your privacy rights, you may complain to us using the contact information listed at the end of this notice. You may also submit a written complaint to the U.S. Department of Health and Human Services. We will provide you with the address for the U.S. Department of Health and Human Services upon request. We support your right to protect the privacy of your PHI. We will not retaliate in any way if you choose to file a complaint with us or with the U.S. Department of Health and Human Services. Contact Office: BCBSF Corporate Compliance Office, administrative service provider for your group health plan. Telephone: 888-574-2583 Address: P.O. Box 44283, Jacksonville, FL 32203-4283 Blue Cross and Blue Shield of Florida, Inc. and its subsidiary, Health Options, Inc., are Independent Licensees of the Blue Cross and Blue Shield Association. -C 18- EXHIBIT 2—EMPLOYER'S CERTIFICATION PART 1 — Employer to Amend Plan Documents for Privacy provisions Employer certifies that Employer has amended GHP's Plan Document to incorporate the provisions required by 45 C.F.R. § 164.504(f)(2), as set forth below, and agrees to comply with GHP's Plan Document as amended. 1. Neither use nor further disclose Protected Health Information, except as permitted or required by GHP's Plan Document or as required by law. 2. Neither use nor disclose Protected Health Information for any employment - related action or decision, or in connection with any other benefit or employee benefit plan of Employer. 3. Ensure adequate separation between Employer and GHP by (a) describing those employees or classes of employees or other persons under Employer's control who will be given access to Protected Health Information to perform plan administration functions for GHP, (b) restricting the access to and use of Protected Health Information by such employees or other persons to the plan administration functions that Employer will perform for GHP, and (c) instituting an effective mechanism for resolving any noncompliance with GHP's Plan Document by such employees or other persons. 4. Ensure that any subcontractor or agent to which Employer provides Protected Health Information agrees to the restrictions and conditions of GHP's Plan Document with respect to Protected Health Information. 5. Report to GHP any use or disclosure of Protected Health Information of which Employer becomes aware that is inconsistent with the uses and disclosures allowed by GHP's Plan Document. 6. Make Protected Health Information available to GHP or, at GHP's direction, to the Covered Person who is the subject of Protected Health Information (or the Covered Person's Personal Representative) so that GHP can meet its access obligations under 45 C.F.R. § 164.524. 7. Make Protected Health Information available to GHP for amendment and, on notice from GHP, amend Protected Health Information, so that GHP can meet its amendment obligations under 45 C.F.R. § 164.526. 8. Record Disclosure Information as defined above for each disclosure that Employer makes of Protected Health Information that is not excepted from disclosure accounting and provide that Disclosure Information to GHP on request so that GHP can meet its disclosure accounting obligations under 45 C.F.R. § 164.528. -C19- 9. Make its internal practices, books, and records relating to its use and disclosure of Protected Health Information available to GHP and to DHHS to determine GHP's compliance with 45 C.F.R. Part 164, Subpart E "Privacy of Individually Identifiable Health Information." 10. Return to GHP or destroy if feasible all Protected Health Information in whatever form a- medium that Employer (and any subcontractor or agent of Employer) received from GHP or BCBSF, including all copies thereof and all data, compilations, and other works derived there from that allow identification of any present or past Covered Person who is the subject of Protected Health Information, when Employer no longer needs Protected Health Information for the plan administration functions for which the Employer received Protected Health Information. Employer will limit the use or disclosure of any of Protected Health Information that Employer (or any subcontractor or agent of Employer) cannot feasibly return to GHP or destroy to the purposes that make its return to GHP or destruction infeasible. PART 2 - Employer to Amend Plan Documents for Security provisions Employer further certifies that Employer has amended GHP's Plan Document to incorporate the provisions required by 45 C.F.R. § 164.314(b)(2), as set forth below, and agrees to comply with GHP's Plan Document as amended. Implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of Electronic Protected Health Information that Employer creates, receives, maintains or transmits on GHP's behalf. 2. Ensure that the adequate separation between Employer and GHP required by 45 C.F.R. § 164.504(f)(2)(iii) (as described in item 3 above) is supported by reasonable and appropriate Security Measures. 3. Ensure that any subcontractor or agent to which Employer provides Electronic Protected Health Information agrees to implement reasonable and appropriate Security Measures to protect the Electronic Protected Health Information. 4. Report to GHP any incident of which Employer becomes aware that is (a) a successful unauthorized access, use or disclosure of Electronic Protected Health Information; or (b) a successful major (i) modification or destruction of Electronic Protected Health Information or (ii) interference with system operations in an Information System containing Electronic Protected Health Information. Upon GHP's request, Employer will report any incident of which Employer becomes aware that is a successful minor (a) modification or destruction of Electronic Protected Health Information or (b) interference with system operations in an Information System containing Electronic Protected Health Information. -C20- EXHIBIT 3— DISCLOSURE OF PROTECTED HEALTH INFORMATION FOR PLAN ADMINISTRATION Group Health Plan ("GHP") must promptly notify BCBSF in writing if any of the information contained in EXHIBIT 3 changes. PART 1 Name(s) and Title(s) of Employer representatives (i.e. employees of Employer) authorized to request and receive the minimum necessary Protected Health Information from BCBSF: Carl Holeva, Human Resources Director Dan Lutzke, Interim Risk Manager Marcie Wallace, Risk Management Technician Wayne Teegardin, Risk Manager for the performance of the following plan administration functions for GHP unless otherwise indicated by GHP: • Actuarial and statistical analysis Claims/membership inquiries Procurement of reinsurance or stop loss coverage • Quality assessment and improvement activities • Performance monitoring • Other health care operations • Payment activities ... Identify the name(s), title(s) and company name(s) of any individual(s) from organizations other than Employer or Group Health Plan ("GHP") (examples of such "GHP Vendor" types of services include, but are not limited to, stop -loss carriers; reinsurers; agents, brokers or consultants; or external auditors) that Employer or GHP hereby authorizes to request and receive the minimum necessary Protected Health Information to perform plan administration functions and/or assist with the procurement of reinsurance or stop -loss coverage: -C21- EXHIBIT "E" to the AMAINISTRATIVE SERVICES AGREEMENT between BLUP CROSS AND BLUE .SHIELD OF FLORIDA, INC. and ST. LUCIE BOARD OF COUNTY COMMISSIONERS Performance Guarantees Abandon Rate: Number of calls that reach the call center and are placed in queue but do not reach the final destination because the caller hangs up before a representative becomes available. Average ACD Phone Queue Time: Actual length of time a member waits to speak with a customer service associate after all ACD options have been chosen. Blockage Rate: Percentage of calls blocked during business hours. Enrollment Timeliness: Percentage of initial ID cards mailed by effective date provided that the enrollment data is received from the employer 30 days prior to the effective date of coverage. . .................... _. . Claims Processing Timeliness: Percentage of provider and sW • criber claims processed within 30 calendar days from receipt to the date that a claim has passed all edits and is pending the issuance of a check, voucher or denial. Claims Processing Accuracy: Percentage of claims processed accurately. Claims Dollar Accuracy: Percentage of claim dollars paid accurately. Inquiry Timeliness: Percentage of inquiries finalized within 7 calendar days. <_5% 1% :530 seconds 1 % <_8% 1% >_99% 1% >_97% 1 1% >_97% 1% >_98% 1% >_90% 1% -E1- EXHIBIT "F" to the ADMINISTRATIVE SERVICES AGREEMENT between BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC. and ST. LUCIE BOARD OF COUNTY COMMISSIONERS Discount Guarantee Assumptions: • Average enrollment of 1,139 contracts • No significant membership or benefit changes from current (defined as more than 5% for each plan option) • Assumes contribution structure is equivalent to current • Applies to in network fee -for -service claims only, excludes Rx and Urgent Care Clinics • Reserve the right to caveat claims over 50% of the specific deductible • Results will be provided on a quarterly basis with final annual settlement in the second quarter of following year • BCBSF Network and Program Savings Report will be used for validation of discount results • One (1) year discount guarantee offer -F1- AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B.4 Date: December 22, 2009 Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY. Heather Young ` "6 Assistant County Attorney SUBJECT: Walton Road Annex - Third Amendment to Facilities Use Agreement with Port St. Lucie Historical Society, Inc. BACKGROUND, See C.A. No. 09-1601 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Third Amendment to the Facilities Use Agreement with Port St. Lucie Historical Society, Inc., and authorize the Chairman to sign the Third Amendment. COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER,. Approved 4-0 Comm. Lewis absent County Attorney: Daniel 5. McIntyre Originating Dept.: Finance (Check for Copy only, if applicable): Coordination/Signatures Mgt. & Budget: Other: CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Purchasing: Other : INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1601 DATE: December 7, 2009 SUBJECT: Walton Road Annex - Third Amendment to Facilities Use Agreement with Port St. Lucie Historical Society, Inc. BACKGROUND: Attached to this ordinance is a copy of a proposed Third Amendment to the Facilities Use Agreement with Port St. Lucie Historical Society, Inc. for office space in the Walton Road Annex. The Third Amendment extends the term of the agreement through October 31, 2010. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Third Amendment to the Facilities Use Agreement with Port St. Lucie Historical Society, Inc., and authorize the Chairman to sign the Third Amendment. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copy to: County Administrator THIRD AMENDMENT TO DECEMBER 18, 2007 FACILITIES USE AGREEMENT THIS THIRD AMENDMENT, made and entered into on this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County," and the PORT ST. LUCIE HISTORICAL SOCIETY, INC., a Florida non-profit corporation, hereinafter referred to as "Society." WITNESSETH: WHEREAS, the County owns a building located at 1664 S. E. Walton Road, Office No. 253, Port St. Lucie, Florida, hereinafter referred to as the "Facility"; and, WHEREAS, on December 18, 2007, the parties entered into a Facilities Use Agreement which provided for the Society to use office space in the Facility to encourage the documentation, collection, arrangement, recordation of historic materials, data and places relative to the history of Port St. Lucie, hereinafter referred to as the "Agreement"; and, WHEREAS, on September 23, 2008, the parties entered into a First Amendment to the Agreement to extend the term of the Agreement through and including October 31, 2009; and, WHEREAS, on May 19, 2009, the parties entered into a Second Amendment to the Agreement which provided for the Society to use the second floor conference room in the Facility at times mutually agreeable to the parties; and, WHEREAS, the Society has requested the term of the Agreement be extended for an additional year through and including October 31, 2010; and, WHEREAS, the County is willing to amend the Agreement to extend the term as requested by the Society. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree to amend the Agreement as follows: 1. Paragraph 3, TERM, of the Agreement is hereby amended to read as follows: &Ratty\a9reemnt\fac-use\P5L Historical Society.3a.doc -1- 3. Term. The term of this Agreement shall be for the period beginning November 1, 2007 through and including October 31, 2010, unless otherwise terminated as provided herein. The term of this Agreement may be renewed for one (1) year periods, upon the same terms and conditions. 2. All other terms and conditions of the Agreement, as previously amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Third Amendment on the day of ATTEST: BY: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ATTEST: PORT ST. LUCIE HISTORICAL SOCIETY, INC. BY: Secretary Co -Chairman GAatty\agreemnt\fac-use\P5L Historical 5ociety.3a.doc -2- AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-5 DATE: December22, 2009 REGULAR[] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Permission to Advertise - Ordinance No. 10-005 - Amending Article II (Alcohol and Other Drug Abuse Trust Fund) of Chapter 1-7 of the St. Lucie County Code of Ordinances. BACKGROUND: See CA No. 09-1606 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 10-005 for a public hearing before the Board of County Commissioners. COMMISSION ACTION: CONCURRENCE: [kJ APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Comm. Lewis absent Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: J ]Management & Budget: [ ]Purchasing: T� ; [ ] Road & Bridge.: 7 [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 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: 09-1606 DATE: December 22, 2009 SUBJECT: Permission to Advertise - Ordinance No. 10-005 - Amending Article II (Alcohol and Other Drug Abuse Trust Fund) of Chapter 1-7 of the St. Lucie County Code of Ordinances BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 10-005, which, if adopted, would amend Article II (Alcohol and Other Drug Abuse Trust Fund) of Chapter 1-7 of the St. Lucie County Code of Ordinances to allow the Clerk to collect $15 from any defendant found guilty of any misdemeanor in which there is the unlawful use of drugs or alcohol. One dollar of each $15 collected will be retained by the Clerk as a service charge. The primary purpose of this ordinance is to promulgate drug treatment and education programs. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 10-005 for a public hearing before the Board of County Commissioners. KMS/cb Respectfully submitted, Katherine Mackenzie -Smith Assistant County Attorney ORDINANCE NO. 10-005 AN ORDINANCE AMENDING ARTICLE II (ALCOHOL AND OTHER DRUG ABUSE TRUST FUND) OF CHAPTER 1-7 (COURTS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO ALLOW THE CLERK TO COLLECT $15 FROM ANY DEFENDANT FOUND GUILTY OF ANY MISDEMEANOR IN WHICH THERE IS THE UNLAWFUL USE OF DRUGS OR ALCOHOL; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. 125.01 Florida Statutes authorizes this Board to promulgate drug treatment and education programs. 2. Under the provisions of Section 938.13, Florida Statutes, the Clerk is authorized to collect a $15 assessment, in addition to fines and other penalties authorized by law, against defendants who are found guilty of any misdemeanor under the laws of this state in which there is the unlawful use of drugs or alcohol. The Clerk shall forward $14 thereof to the County Alcohol and Other Drug Abuse Trust Fund. One dollar of each $15 collected will be retained by the Clerk as a service charge. 3. Section 893.165, Florida Statutes, had been amended to authorize the Board of County Commissioners to establish an alcohol and other drug abuse trust fund for the deposit of court -imposed assessments. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-7-22 (CREATION OF FUND AND ACCOUNTING) Section 1-7-22. Creation of Fund and Accounting. (a) Pursuant to Section 893.13, Florida Statutes, the Court may assess any 6#rtjelt #hrengh passages are deleted. -1- Underlined passages are added. defendant, on or after February 1,1989, who is found guilty of, or pleads nolo contendere to, a violation of any provision of Chapter 893, Florida Statutes, or which involves a criminal violation of Section 316.193, Section 856.011, Section 856.015 or Chapter 462, Chapter 567, or Chapter 568, Florida Statutes, in addition to any fine or other penalty imposed by law for any criminal violation of Section 316.193, Section 856.011, Section 856.015, or Chapter 562, Chapter 567, or Chapter 568, Florida Statutes, an amount up to the amount of the fine authorized for the violation. Such additional assessment shall be used for alcohol and other drug abuse programs as provided by general law and this ordinance. Pursuant to Section 893.13, Florida Statutes, the court is authorized to order a defendant to pay such assessment if it finds that the defendant has the ability to pay the fine and the additional assessment, and the defendant will not be prevented from being rehabilitated or from making restitution. (b) Pursuant to Section 938 13 Florida Statutes the clerk shall collect $15 from any defendant found guilty of any misdemeanor under the laws of this state in which there is the unlawful use of drugs or alcohol. (c,) Once assessed, the Clerk will keep a record of assessments and those assessments shall be collected by the Clerk. The Clerk shall forward all monies collected to the Board of County Commissioners for deposit into a special and separate account titled Alcohol and Other Drug Abuse Trust Fund except the Clerk shall retain one dollar of each $15 collected pursuant to Section 938 13 Florida Statutes. as a service charge. Once each month, the Board of County Commissioners shall require a full report from the Clerk as to the amount of assessments imposed by its courts, the amount of funds collected and deposited into the Alcohol and Other Drug Abuse Trust Fund, and amount of expenditures from the Alcohol and Other Drug Abuse Trust Fund. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. fi+rwelt +hreugh passages are deleted. -2- Underlined passages are added. 3 PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption and clarifies all monies collected prior to this date are hereby validated. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Charles Grande XXX Vice Chair Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through 6 shall not be codified. PASSED AND DULY ADOPTED this day of ATTEST: Deputy Clerk 60nelr#hrew919 passages are deleted. 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -3-Underlined passages are added. Em AGENDA REQUEST REVISED ITEM NO. VI-B-6 Date: December 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: ME Houck Enterprises, Inc. - Consent to Lease Agreement and First Addendum to Lease Agreement with Aviator Holdings of Florida, Inc. BACKGROUND: See C.A. No. 09-1022 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION/CONCLUSION Staff recommends the Board of County Commissioners consent to the Lease agreement and First Addendum to Lease Agreement between ME Houck Enterprises, Inc., and Aviator Holdings of Florida, Inc. COMMISSION ACTION: [ ] APPROVED [ J DENIED [X OTHER: Pulled prior to meeting. County Attorney: Danr. yre Originating Dept.: Diana Lewis Finance (Check for Copy only, if applicable): CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. A Budget: Purchasing: Other: Other: Karen Smith INTER -OFFICE MEMORANDUM ST. LUCIE CQU� FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1622 DATE: December 10, 2009 SUBJECT: B&E Houck Enterprises, Inc. - Consent to Sublease Agreement and First Addendum to Sublease Agreement with Aviator Holdings of Florida, Inc. BACKGROUND: Attached to this memorandum is a copy of a Lease Agreement between B&E Houck Enterprises, Inc., and Aviator Holdings, Inc., as well as a First Addendum to the Lease Agreement. It should be noted that although the documents are identified as a "Lease Agreement" and "First Addendum to Lease Agreement", the document is actually a sublease to the sublease under Airport Holding Fort Pierce, LLC"s sublease to B&E Houck Enterprises which was approved by the Board of County Commissioners in conjunction of the sale of the leasehold interest to Airport Holdings Fort Pierce, LLC on April 24, 2007. The president of Aviator Holdings is Michael Cohen who has operated the Ari-Ben Flight School at the airport for a number of years. Although the sublease's term commended on April 1, 2009, the sublease and First Addendum were only recently submitted to Airport Holdings and the County for review and approval. The lease covers the flight school facility at the St. Lucie County International Airport formerly occupied by Regional Airline Academy. Aviator Holdings has been licensed to provide to offer flight training as well a two year degree program in aviation at the facility. The degree program will commence in January 2010. The term of the Lease Agreement will run concurrently with the master lease between Airport Holdings and the County. As the term of sublease will exceed twelve (12) months, the master lease requires consent by the Board of County Commissioners. Staff has reviewed the Lease Agreement and the First 1 Agenda Item VI-136 - REVISED Please note: Nothing has been highlighted because a word was removed from the memo recommendation so that it is consistent with the ARI recommendation. Addendum and they appear acceptable as to form. As the Lease Agreement exhibits are voluminous, please contact the County Attorney's office for a copy if you wish to review them. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners consent to the Lease Agreement and First Addendum to Lease Agreement between ME Houck Enterprises, Inc., and Aviator Holdings, Inc. Attachments HY/ Copies to: County Administrator Airport Director K Respectfully submitted, Heather Young Assistant County Attorney FIRST ADDENDUM TO LEASE AGREEMENT This First Addendum to Lease Agreement between B&E HOUCK ENTERPRISES, IND. (Landlord) and AVIATOR HOLDINGS OF FLORIDA, INC., (Tenant) modifies the Lease Agreement of April 1st, 2009, in the following manner: A. Section 7. Base Rent and Additional Rent and Exhibit D, Payment Schedule shall provide that from April 1, 2009, until August 1, 2009, no rent will be charged or paid. The next successive six month periods will be paid as follows: 1. Commencing August 1st, 2009, $25, 000/month through January 31, 2010. 2. Commencing February 1, 2010, $35, 000/month through July 31st, 2010. 3. Commencing August 1st, 2010, $45,000/month through January 31st, 2011. 4 Commencing February 1st, 2011, $59,000/month and thereafter. Landlord and Tenant further agree that should rent not be paid in accordance with the schedule due to Tenant's financial inability, a substituted six percent (6%) including sales tax on Tenant's monthly gross revenue plus common area maintenance is payable to Landlord. This lease may be cancelled and terminated by Tenant without penalty or recourse in the event Tenant in its sole discretion determines that it is no longer financially feasible to operate its business, or does not obtain accreditation. Such cancellation and termination shall release Landlord and Tenant from full and faithful performance of all covenants of the lease and Tenant shall surrender the premises together with any and all improvements to Landlord. Whereupon, the parties are released from their mutual obligations in the Lease Agreement. Personal property taxes are not payable as additional rent herein so long as St. Lucie County has not required payment by Landlord. B. Section 9. Maintenance of reflect that maintenance during the lease term is Tenant's responsibility. during this five year period that it Premises is modified to first five years of the However, Landlord agrees will be responsible for Page 1 of 3 replacement of any item that is unable to be repaired. Thereafter, Tenant is responsible for repair and replacement as provided in Section 9 of the Lease Agreement. C. CPI. Any provision contained in the Lease Agreement that allows for adjustments in accordance with the Consumer Price Index is modified to reflect that there shall be no CPI increase in the lease applicable to Tenant for the first three years of the lease term. D. Section 30. Non -competition. Landlord agrees not to rent to another fixed wing flight school while this lease is in effect and Tenant is in good standing pursuant to its terms. E. Section 25(e). Miscellaneous. In all other respects the Lease Agreement dated April 1, 2009, remains in full force and effect. IN WITNESS WHEREOF, the Landlord has executed this First Addendum to Lease Agreement on this day of April, 2009. Attest: B&E HOUCK ENTERPRISES, INC. Title: Secretary Title: President STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) BEFORE ME, the undersigned authority, personally appeared President of B&E Enterprises, Inc., who, being duly sworn, deposes and says that she has read and executed the foregoing instrument, on behalf of such corporation, on this day of April, 2009. Notary Public State of Florida Type of Identification: Personally known: Driver's License: Other: My Commission Expires: Page 2 of 3 IN WITNESS WHEREOF, the Tenant has executed this First Addendum to Lease Agreement on this day of April, 2009. Attest: Title: Secretary STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) AVIATOR HOLDINGS OF FLORIDA, INC. By: Title: President BEFORE ME, the undersigned authority, personally appeared President of Aviator Holdings of Florida, Inc., being duly sworn, deposes and says that he has read and executed the foregoing instrument, on behalf of such corporation, on this day of April, 2009. Notary Public State of Florida Type of Identification: Personally known: Driver's License: Other: My Commission Expires: Page 3 of 3 LEASE AGREEMENT (with Option to Purchase) Table of Contents SECTION TERMS & CONDITIONS Demiseof Premises ....................................................................................... SubgroundLease ............................................................................................ Omitted] 3 [Intentionally ................................................................................... 4 [Intentionally Omitted]................................................................................... NetLease...................................................................................................5 Term.........................................................................................................6 Base Rent and Additional Rent.......................................................................... Use...........................................................................................................8 Maintenanceof Premises.................................................................................9 Utilities....................................................................................................10 11 Insurance................................................................................................... Casualty...................................................................................................12 Condemnation............................................................................................. 1 Compliance with Environmental Laws................................................................14 15 Subordination.............................................................................................. 1 Alterations.................................................................................................. 17 Indemnification............................................................................................. Tenant's Default ..........................................................................................18 Landlord's Remedies .....................................................................................19 Landlord's Default .......................................................................................20 Re-entry 21 .................................................................................................... QuietEnjoyment 22 ......................................................................................... Assignment and Subletting............................................................................. 23 24 FurtherAssurances...................................................................................... Miscellaneous.............................................................................................25 Timeof Essence..........................................................................................26 Validityof Agreement...................................................................................27 SaleBy Landlord .........................................................................................28 Security....................................................................................................29 IntentionallyOmitted.....................................................................................30 AuthorityLease...........................................................................................31 EXHIBITS A. Authority Lease B. Subground Lease C. Personal Property and Improvements D. Payment Schedule E. Leases F. Legal Description of Premises LEASE AGREEMENT (with Option to Purchase) THIS LEASE AGREEMENT ("Lease Agreement" or "Agreement") is made this I" day of April, 2009 ("Effective Date"), between B&E HOUCK ENTERPRISES, INC. ("Landlord") and Aviator Holdings of Florida, Inc. ("Tenant"). RECITALS Landlord owns certain personal property and improvements known as the Pan Am facility on land located at the St. Lucie County International Airport ("Airport") that the St. Lucie County Port and Airport Authority ("Authority") leases to Landlord pursuant to that certain Amended and Restated Lease Agreement, dated October 10, 2000 ("Authority Lease") attached hereto as Exhibit A. Landlord intends to sell its interest in the Authority Lease to Airport Holdings, L.L.C. or its assigns ("AH), and at closing on that sale will execute a subground lease with AH on the form attached hereto as Exhibit B ("Subground Lease") . Landlord desires to sublease to Tenant and desires to sublease from Landlord the land described in the Subground Lease ("Land"), and those improvements and personal property described on Exhibit C attached hereto ("Personal Property and Improvements") in accordance with the terms and subject to the conditions contained in this Agreement. AGREEMENTS FOR AND IN CONSIDERATION of the mutual covenants contained in this Agreement, Landlord and Tenant (sometimes referred to jointly as the "parties") agree as follows: Section 1. Demise of Premises. (a) Subject to the conditions set forth below, Landlord shall lease to Tenant, and Tenant shall lease from Landlord, the Land and Personal Property and Improvements (collectively "Premises"). (b) The parties' respective interests in the Premises will be subject only to the operation and effect of the Authority Lease, and any future financing of Landlord, exceptions to title existing on the Effective Date, and those current and future matters that affect title to the Premises, but that will not result in material interference with the conduct of Tenant's business activities on the Premises or materially increase the cost of conducting those activities on the Premises (collectively, "Permitted Exceptions"). The parties do not intend the covenant set forth in the preceding sentence to preclude or restrict sales of Landlord's interest in all or a portion of the Premises. Tenant leases the Premises in "as -is" condition without representation or warranty from Landlord. Section 2. Subground Lease. Except for obligations that arise, or conditions and restrictions that must be observed, before the Commencement Date (as defined below), Tenant shall fully and punctually perform all obligations, and observe all restrictions and conditions, that are incumbent upon the "Tenant" under the terms of the Subground Lease and applicable to the Premises. Tenant shall indemnify and hold Landlord harmless against all liability, loss, cost and expense, including, without limitation, reasonable attorneys' fees that Landlord may sustain by virtue of Tenant's failure to perform the obligations set forth above in this Section. Landlord shall not require the consent of Tenant to amend the Subground Lease, Tenant waiving hereby any right it may have to give any such consent or consents, provided that such amendment does not impose any increased material obligation on Tenant or materially diminish any of its rights. Landlord and Tenant hereby acknowledge that this Lease requires the consent of the Authority. In the event the Authority refuses to grant its consent for any reason whatsoever, this Lease shall terminate 30 days following written notice form Landlord to Tenant. These indemnities will survive the expiration of the Term of any earlier termination of this Agreement. In the event the commencement date of the Subground Lease is after the Effective Date, tenant shall nevertheless comply with al the terms and conditions of the Subground Lease as though it were in effect on the Effective Date (and Landlord shall have the right to enforce all such terms and conditions against Tenant), including the obligation to pay rent hereunder Section 3. [Intentionally Omitted]. Section 4. [Intentionally Omitted]. Section 5. Net Lease. This Lease is intended as a net lease, and it is the intention of Landlord and Tenant that the Base Rent herein specified shall be net to Landlord. Tenant, not Landlord, shall be liable for each and every cost, charge, fee, impost, levy, expense and expenditure, incurred, accrued or arising out of or in connection with the operation, maintenance, repair, replacement, insuring, management, use and occupancy of the whole and every part of the Premises. Section 6. Term. (a) The initial term of this Agreement ("Term") will be the period that commences on April 1, 2009 ("Commencement Date"), and that ends upon termination of Master Lease., Section 7. Base Rent and Additional Rent. (a) Tenant shall pay to Landlord for the Premises base monthly rent ("Base Rent") plus all applicable taxes in equal monthly payments as set forth on the payment schedule ("Payment Schedule") attached hereto as Exhibit D. Base Rent shall increase by the percentage increase in ground rent paid by Landlord under the Master Lease with respect to the Premises, effective on the same date that the increase in ground rent takes effect under the Master Lease (defined below). Tenant shall pay each installment of Base Rent plus other sums due hereunder ("Additional Rent"), together known as "Rent", in advance on the first day or each month during the Term. (b) Tenant will pay as Additional Rent all real estate taxes, personal property taxes, intangible taxes, and installments of special assessments levied against the Premises and attributable to any period of time included within the Term ("Impositions"). Tenant shall pay each Imposition within 15 days receipt of the invoice for such Imposition. Tenant must pay all -2- interest and penalties that accrue in respect of that Imposition paid more than 15 days after the date on which Tenant receives the invoice. (c) Each Rent payment not received by the fifth day after due shall bear interest from the due date until paid at the rate of two percent per month plus a one-time bookkeeping charge of five percent of the amount due. Landlord and Tenant agree that such late charge represents a reasonable estimate of such costs and expenses and is fair reimbursement to Landlord. In no event shall such late charge be deemed to grant to Tenant a grace period or extension of time within which to pay any Rent or prevent Landlord from exercising any right or enforcing any remedy available to Landlord upon Tenant's failure to pay each installment of Rent due under this Lease when due, including the right to terminate this Lease and recover all damages from Tenant. No payment by Tenant or receipt by Landlord of a lesser amount of monthly Base Rent, Additional Rent or any other sum due hereunder, shall be deemed to be other than on account of the earliest due rent or payment, nor shall any endorsement or statement on any check or any letter accompanying any such check or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equity. Landlord may accept any partial payment from Tenant without invalidation of any contractual notice required to be given herein (to the extent such contractual notice is required) and without invalidation of any notice required by any law pertaining to eviction or summary remedy for regaining possession of real property in the event of tenant default. Section 8. Use. Tenant may use the Premises for all purposes permitted under the Authority Lease. In using the Premises, Tenant must observe all conditions and restrictions in the Authority Lease that are applicable to that use. In connection with its use of the Premises, but subject to any limitation set forth elsewhere in this Agreement, Tenant shall comply with all Laws (defined below), including all zoning, and Authority and other governmental rules and regulations applicable to the Premises from time to time during the Term. Moreover, Tenant must obtain at its expense all licenses and permits that may be required in order for Tenant to lawfully conduct its business within the jurisdiction within which the Premises are located. Tenant may not do, or permit to be done, anything on the Premises that results in the creation, commission or maintenance of a nuisance. Tenant shall not engage in any commercial activity on the Airport that competes directly with the operations of Landlord on the Airport on the Effective Date, including without limitation, food sales, fuel sales, and equipment rental. Section 9. Maintenance of Premises. Tenant at its cost shall maintain, repair and replace in a good and safe operating condition, all portions of the Premises including, but not limited to, all appliances, equipment, walls, surfaces of exterior and interior walls, the roof, ceiling, windows, doors, plate glass, entrances and vestibules, and all electrical, mechanical, plumbing and other fixtures and systems, including the sprinkler system, and all heating, ventilating and air-conditioning systems servicing the Premises. Tenant's responsibilities shall also include the tennis court, parking lots, pool, landscaping, ramps and any fences on or surrounding the Land. At the expiration of the term of this Lease, or upon prior termination, Tenant shall surrender the Premises to Landlord in the same condition as received, normal wear and tear excepted. Tenant shall maintain the Premises in compliance with all environmental -3- laws, rules and regulations and all other laws, rules and regulations applicable to the Premises, including any domestic and foreign federal, provincial, state, municipal and local laws, statutes, regulations, ordinances, guidelines, policies, judge -made laws or common laws and any orders of a court of governmental authority, relating in any way to the natural or human environment (including land, surface water, ground water, and real, personal, moveable and immovable property), public or occupational health and safety and the manufacture, importation, handling, use, reuse, recycling, transportation, storage, disposal, elimination and treatment of substances, hazardous or otherwise, including without limitation the Americans with Disabilities Act (collectively, "Laws"). Tenant shall maintain service contracts reasonably acceptable to Landlord on the HVAC systems and the flight simulator. If, following notice from Landlord, Tenant fails to make any necessary repairs or perform any necessary maintenance for which Tenant is responsible, Landlord may cause the repairs or maintenance to be performed and Landlord's costs of doing so will be payable as additional rent with the next installment of Base Rent that becomes due. Section 10. Utilities. Tenant shall pay for all utilities and other services furnished to the Premises. Section 11. Insurance. (a) Tenant shall, at all times during the term of this Lease and at Tenant's sole cost and expense, obtain and keep in force the insurance coverages and amounts set forth in this Section 11, and as required by the Authority Lease. Tenant shall maintain commercial general liability insurance or aviation liability insurance including Premises, Passenger Legal Liability, Hangarkeepers, Warehouse and Cargo Legal Liability, with limits not less than two million dollars ($2,000,000) per occurrence and five million dollars ($5,000,000) general aggregate, which insures against claims for bodily injury, personal injury, advertising injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Premises. Such insurance shall include blanket contractual liability, fire legal liability, premises, products and completed operations, and include medical payments with minimum limits of $10,000 each accident. Such insurance shall be written on an occurrence basis and contain a standard separation of insureds provision with cross liability. Tenant shall maintain business auto liability insurance, including Airport Premises if vehicles are used airside, with limits not less than one million dollars ($1,000,000) each accident covering owned, hired and non -owned vehicles used by Tenant. If Tenant has no owned autos, Tenant shall at a minimum provide hired and non -owned auto liability coverage. Tenant shall maintain umbrella excess liability insurance on a following form basis in excess of the required commercial general liability or aviation liability, business auto and employers liability insurance with limits not less than five million dollars ($5,000,000) per occurrence and aggregate. Tenant shall maintain workers' compensation insurance in statutory limits for all of its employees in the state in which the Property is located and employers liability insurance which affords not less than one million dollars ($1,000,000) for each coverage and policy limit. Tenant shall purchase and maintain property insurance upon the entire Leased Premises for the full replacement cost at the time of any loss. This insurance shall be on an "All Risk" basis, with Flood and Wind. Tenant shall maintain "all risk" property insurance for the Personal Property and Improvements in an amount not less than the full replacement cost. Such property insurance shall include business income and extra expense coverage with sufficient limits for Tenant to ME'S sustain its business operation at this location for a period of twelve (12) months. Tenant shall maintain boiler and machinery insurance against loss or damage from an accident from Tenant installed or the Personal Property and Improvements for full replacement cost and plate glass insurance coverage against breakage of plate glass in the Premises from causes other than insured perils. Tenant may self insure for plate glass. Any deductibles selected by Tenant shall be the sole responsibility of Tenant. (b) All insurance and all renewals thereof shall be issued by companies with a rating of at least "A-" "VIII" or better in the current edition of Best's Insurance Reports or S&P A and be approved to do business in the state in which the Property is located. Each policy shall expressly provide that the policy shall not be canceled or materially reduced below the limits required without thirty (30) days' prior written notice to Landlord and shall remain in effect notwithstanding any such cancellation or alteration until such notice shall have been given to Landlord and such period of thirty (30) days shall have expired. All liability insurance (except employers liability) shall name Landlord and any other parties designated by Landlord (including any ground lessor, aviation authority or mortgagee) as an additional insured, shall be primary and noncontributory to any insurance which may be carried by Landlord, shall afford coverage for all claims based on any act, omission, event or condition that occurred or arose (or the onset of which occurred or arose) during the policy period, and shall expressly provide that Landlord, although named as an insured, shall nevertheless be entitled to recover under the policy for any loss, injury or damage to Landlord. All property insurance shall name Landlord as loss payee as respects Landlord's interest in any improvements and betterments. Tenant shall deliver certificates of insurance, acceptable to Landlord, to Landlord at least ten (10) days before the Commencement Date and at least ten (10) days before expiration of each policy. If Tenant fails to insure or fails to furnish any such insurance certificate, Landlord shall have the right, but not be required to, from time to time to effect such insurance for the benefit of Tenant or Landlord or both of them, and Tenant shall pay to Landlord on written demand, as Additional Rent, all premiums paid by Landlord. Landlord may at any time amend the requirements herein due to (i) information not previously known to Landlord and which poses a material risk (ii) changed circumstances which in the reasonable judgment of Landlord renders such coverage materially unadequate or (iii) as required by Landlord's lender. (c) Tenant waives on behalf of all insurers under all policies of property insurance now or hereafter carried by Tenant insuring or covering the Premises, or any portion or any contents thereof, or any operations therein, all rights of subrogation which any such insurer might otherwise, if at all, have to any claims of Tenant against Landlord. Landlord waives on behalf of all insurers under all policies of property insurance now or hereafter carried by Landlord insuring or covering the Property, or any portion or any contents thereof, or any operations therein, all rights of subrogation which any such insurer might otherwise, if at all, have to any claims of Landlord against Tenant. Landlord and Tenant shall procure from each of the insurers under all policies of property insurance now or hereafter carried by such party insuring or covering the Premises, or any portion or any contents thereof, or any operations therein, a waiver of all rights of subrogation which the insurer might otherwise, if at all, have to any claims of either party against the other as required by this section. -5- Section 12. Casualty. All repair and restoration requirements with respect to damage caused by a fire or other casualty that renders the Premises untenantable shall be governed by the Authority Lease. The Base Rent and any additional rent payable in accordance with the terms of this Agreement will not, however, abate. Subject to the Existing Financing Loan Documents and Authority Lease, Tenant shall be entitled to receive all insurance proceeds. Section 13. Condemnation. (a) If, during the Term, all of the Premises is taken for any public or quasi -public use under any governmental law, ordinance or regulation or by right of eminent domain, this Agreement will terminate and the rent will be abated during the unexpired portion of the Term, effective on the date the condemning authority takes physical possession. (b) Subject to the terms of the Authority Lease, if a portion but not all of the Premises is taken for any public or quasi -public use under any governmental law, ordinance or regulation, or by right of eminent domain and the partial taking or condemnation renders the remaining portions of the Premises unsuitable for Tenant's business, (i) Tenant shall restore, reconstruct or reconfigure that portion of the Premises not affected by the taking to the extent necessary to make the remaining portions of the Premises reasonably suitable for Tenant's business, and (ii) this Lease will continue in full force and effect with the rent payable during the unexpired portion of the Term adjusted to such an extent as may be fair and reasonable under the circumstances, and Tenant will have no claim against Landlord for the value of any interrupted portion of the Term. (c) If a condemnation or taking, total or partial, occurs and Tenant does not use the award or price paid in connection with the taking for the restoration, reconstruction or reconfiguration of the Premises, the parties will initially share the award or price (or so much of the award or price as remains after the satisfaction of any superior claims that the Authority and Lender have) in equitable amounts based on the relative fair market value of their interests taken. Section 14. Compliance with Environmental Laws. (a) Tenant shall fully and punctually comply with all present and future Legal Requirements that are applicable to the Premises and that relate to the quality or protection of the environment or the use, storage, handling and disposal of Hazardous Material (as defined below), including, without limitation, the National Environmental Policy Act of 1969, as amended, 42 U.S.C. § 4321 et seq., the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et sec ., the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et sea., the Toxic Substances Control Act, 15 U.S.C. §2601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977, 33 U.S.C. §1251 et seg., and the Clean Air Act, 42 U.S.C. §7401 et seq., and all regulations promulgated on the authority of the foregoing (the "Environmental Laws"). , except for those hazardous Materials that existed on the Premises or adjacent properties on Commencement Date. The term "Hazardous Material" means any substance that is or becomes defined as a "hazardous waste", "hazardous material", "hazardous substance", "pollutant" or "contaminant" under any Environmental Law, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §9601 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §6901 et seq.) and the associated regulations. Tenant must also fully and punctually observe all requirements set forth in the K2 Authority Lease pertaining to Hazardous Material that Tenant or any of its employees, agents, contractors or invitees brings on to the Premises in connection with the conduct of its activities on the Premises. (b) Tenant shall defend, indemnify and hold Landlord, the Authority and their respective directors, officers, agents, employees and contractors harmless from and against all suits, actions, legal or administrative proceedings, demands, claims, liability, fines, penalties, loss, injuries, damages, expenses and costs, including, without limitation, interest and reasonable attorneys' and paralegals' fees for attorneys of the indemnitee's choice, and costs of defense (direct and on appeal), settlement or judgment, (i) that may be incurred or suffered by, or claimed or assessed against, any of the indemnitees under any Environmental Law for, with respect to, or as a direct or indirect result of the presence on the Premises of, or the transportation, handling, management, storage, spill, escape, seepage, leakage, spillage, discharge, emission or release to or from the Premises of, any Hazardous Material that is brought on the Premises during the Term in connection with Tenant's use of the Premises, and (ii) that is in any way connected with any death or injury to any person, any destruction or damage to any property, or any potential or actual impacts, contamination of or adverse effects in the environment. Section 15. Subordination. This Lease shall be subject and subordinate to any Premises mortgage or ground lease, including without limitation the Authority Lease, Subground Lease, and Existing Financing, which may now exist or hereafter be placed on or against the Property or on or against Landlord's interest or estate therein, all without the necessity of having further instruments executed by Tenant to effect such subordination. Tenant agrees to attom to any mortgagee or ground owner; and the Tenant agrees, within ten days of request, to execute such evidence of attornment as the mortgagee or ground owner may from time to time reasonably request. Tenant further agrees that such attornment shall not be terminated by foreclosure; and that the mortgagee or ground owner may, at Lender's option, accept or reject such attornment. In the event of attornment by Tenant, the ground owner or mortgagee shall not be (a) liable for any act or omission of Landlord; or (b) subject to any offsets or defenses Tenant has against Landlord; or (c) bound by prepayment of more than one month's Rent; or (d) be required to account for any security deposit not actually delivered to such ground owner or mortgagee; or (e) bound by any modification of this Lease not approved by it. Tenant shall execute a subordination and attornment agreement upon ten days prior notice, provided that such agreement is mortgagee's standard form. Tenant further agrees to provide any mortgagee of the Property written notice of a Landlord default under this Lease and a reasonable opportunity to cure such default. Section 16. Alterations. Without the prior written consent of the Landlord (which consent shall not be unreasonably withheld), the Tenant will not make any alterations, repairs, additions, changes or improvements (collectively the "Alterations") or permit the same to be made in or to the Premises. Any Alterations made to the Premises by the Tenant at any time during the currency of this Lease, shall be at the sole risk, cost and expense of the Tenant and made to the satisfaction of the Landlord, and the Tenant shall bear all operating costs in respect of any such Alteration so made. The Landlord shall be entitled to impose as a condition of its -7- consent to the Alterations the requirement that the specifications of such Alterations shall be in accordance with the Landlord's general standard in the Property. At the expiration or earlier termination of this Lease for whatever reason or upon Tenant vacating the Premises with the permission of Landlord prior to the expiration hereof, Tenant shall, as required by Landlord, remove all, or certain specified Alterations including, without limitation, all Alterations installed by Landlord and/or Tenant in the Premises, pursuant to the terms of this Lease or pursuant to the terms of any prior lease by Tenant of the Premises and regardless of whether Landlord or Tenant is or was responsible for the cost thereof. Tenant shall thereupon become obligated to restore the Premises to their original condition, (save for such Alterations as Landlord permits to remain). Should Tenant not be required to remove any of such Alterations, they shall, in the case of alterations, remain in the Premises as the property of Landlord and in the case of all other Alterations ipso facto upon the happening of an Event of Default (as defined below) or upon the expiration or earlier termination of this Lease for any other reason, be deemed to have become the property of Landlord without any compensation being paid therefor other than the demise of the Premises set forth herein. The Tenant shall promptly pay all charges incurred by the Tenant for any work, materials or services that may be done, supplied or performed in respect of the Premises and shall forthwith discharge any liens or encumbrances registered against the Premises and keep the Property free from liens and encumbrances. Should the Tenant fail to comply with this paragraph, the Landlord may, but, shall be under no obligation to pay into Court or to the creditor thereof the amount required to obtain a discharge of any such liens and encumbrances in the name of the Tenant and any amount so paid together with all costs in respect of such proceedings shall be forthwith due and payable by the Tenant to the Landlord as Additional Rent. Section 17. Indemnification. There shall be no abatement from or reduction of the Rent due hereunder regardless of the reason or cause. Tenant shall not be entitled to damages, costs, losses or disbursements from Landlord regardless of the cause or reason therefor (except where such cause or reason is Landlord's direct gross negligence). Without restricting the foregoing, Landlord shall not be liable for any other damage to or loss, theft, or destruction of property, or death of, or injury to, persons at any time in or on the Premises, however occurring. Tenant shall indemnify, protect, hold harmless, and shall defend at its own expense, the Landlord and Landlord's mortgagees from time to time against any and all claims and demands made by or arising from Tenant's officers, employees, contractors, invitees and/or agents and/or from the actual or alleged act or omission of Tenant, its officers, agents, invitees and/or employees (except to the extent arising from Landlord's gross negligence or willful misconduct), as well as those arising from Tenant's failure to comply with any applicable environmental laws or regulations (as described in more detail previously herein) and with any covenants of this Lease Agreement on its part to be performed. Tenant further agrees to waive all claims against Landlord and Landlord's mortgagees from time to time on account of any loss or damage from whatsoever cause (other than gross negligence or willful misconduct of Landlord) which may occur to it or its property in the use and occupancy of the Premises, the giving of this waiver -8- being one of the considerations upon which this Lease Agreement is granted. The provisions of this section shall survive the expiration or earlier termination of this Lease. Section 18. Tenant's Default. The occurrence of any one or more of the following events (the "Events of Default") will constitute a default and breach of this Agreement by Tenant: (i) Tenant's failure to pay any Rent when due and the continuance of that failure for more than 10 days after the date on which Landlord gives Tenant written notice of the delinquency; Tenant's failure to observe or perform any of the covenants, conditions or provisions of the Authority Lease that Tenant must observe or perform pursuant to this Agreement, where Tenant has received prior written notice of said default and fails to rectify that default by the date that is six business days in advance of the date on which the Authority may terminate the Authority Lease by reason of the occurrence of that default; Tenant's failure to observe or perform any of the covenants, conditions or provisions of this Agreement that Tenant must observe or perform, other than the late payment of Rent or additional rent or a default in respect of any of the covenants, conditions or provisions of the Authority Lease that Tenant must observe or perform, where the failure continues for a period of 30 days after Tenant's receipt of written notice from Landlord; if, however, the nature of the obligation that Tenant has failed to perform is such that more than 30 days are reasonably required for its rectification, an Event of Default will not occur so long as Tenant commences the rectification within that 30-day period and diligently and continuously prosecutes the rectification to completion; or (iv) the making by Tenant of any general assignment or general arrangement for the benefit of its creditors; the filing by or against Tenant of a petition seeking relief under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, Tenant causes the petition to be dismissed within 60 days after the date of its filing); the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Agreement, where possession is not restored to Tenant within 60 days after the date of the appointment; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Agreement unless Tenant causes the seizure to be discharged within 60 days after the date of the initiation of the seizure. -9- Section 19. Landlord's Remedies. At any time after the occurrence of an Event of Default, with or without additional notice or demand, Landlord may do one or more of the following: (i) terminate Tenant's right to possession of the Premises and repossess the Premises by any lawful means without terminating this Agreement. In that event Landlord shall use good faith and reasonably prompt efforts to re -let the Premises for the account of Tenant for such rent and upon such terms as may be satisfactory to Landlord. For the purposes of that re -letting, Landlord may repair, remodel or alter the Premises. If Landlord fails to re - let the Premises, Tenant shall pay to Landlord the Base Rent and additional rent reserved in this Agreement for the balance of the Term as those amounts become due in accordance with the terms of this Agreement. If Landlord re -lets the Premises, but fails to realize a sufficient sum from the re -letting to pay the full amount of Base Rent and additional rent reserved in this Agreement for the balance of the Term as those amounts become due in accordance with the terms of this Agreement, after paying all of the costs and expenses of all decoration, repairs, remodeling, alterations and additions and the expenses of the re - letting and of the collection of the rent accruing from the reletting, including, without limitation, brokerage commissions, Tenant shall pay to Landlord the amount of any deficiency upon Landlord's demand from time to time made; terminate this Agreement and repossess the Premises by any lawful means. In that event Landlord may recover from Tenant as damages (a) all Rent, interest and other charges that became due prior to the termination and that remains unpaid, (b) the discounted present value (determined based on then commercially reasonable rates) of the amount, if any, by which (I) the Rent reserved under the terms of this Agreement for the balance of the Term that remained as of the effective date of the termination exceeds (II) the fair market rent for the Premises for the balance of the Term after deduction of all anticipated reasonable expenses of re -letting for that period, including, without limitation, the cost of decorations, repairs, remodeling, alterations and additions reasonably required to induce prospective tenants to lease the Premises, and (c) all reasonable costs and expenses Landlord reasonably incurs in connection with the enforcement of Tenant's obligation to pay those damages, including, without limitation, reasonable attorneys' fees. If the amount described in division (II) above exceeds the amount described in division (I) above, Landlord has no obligation to pay Tenant any part of the excess or to credit any part of the excess against any other sums or damages for which Tenant may be liable to Landlord at the time of the termination; or -10- pursue any other remedy available to Landlord under the laws of the jurisdiction in which the Premises are located, except as specifically provided in division (ii) above, Landlord may not seek as damages amounts becoming due under the terms of this Agreement in advance of the time that they become due or would have become due absent a termination of this Agreement. Section 20. Landlord's Default. If Landlord defaults in the performance of any of Landlord's obligations set forth in this Agreement, and if (i) Landlord's default can be rectified by the mere payment of money and Landlord fails to rectify its default within 30 days after Tenant's delivery of written notice of the default to Landlord or (ii) Landlord's default cannot be rectified by the mere payment of money and Landlord fails to rectify its default within 30 days after Tenant's delivery of written notice of the default to Landlord or within such longer period of time following the delivery of that notice as may be reasonably required to accomplish the rectification of the default through the exercise of prompt, diligent and continuous efforts, Tenant may pursue any remedy available to Tenant under the laws of the jurisdiction in which the Premises are located. Tenant agrees to give the Lender written notice of any Landlord default hereunder and a reasonable opportunity to cure such default. Section 21. Reenta. Landlord shall have the right to enter the Premises at any time to (a) inspect the Premises, (b) exhibit the Premises to prospective purchasers, lenders or tenants, (c) determine whether Tenant is performing all of Tenant's obligations, (d) supply any service to be provided by Landlord, (e) post notices of nonresponsibility, and (f) make any repairs to the Premises, or make any repairs to any adjoining space or utility services, or make any repairs, alterations or improvements to any other portion of the Property, provided all such work shall be done as promptly as reasonably practicable and so as to cause as little interference to Tenant as reasonably practicable. Tenant waives all claims for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord shall have the right to use any and all means which Landlord may deem proper to open such doors in an emergency to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of such means shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Section 22. Quiet Enjoyment. Landlord warrants that, so long as Tenant pays all Base Rent and Additional Rent that becomes due under the terms of this Agreement and no Event of Default has occurred and is continuing, Tenant may peaceably and quietly enjoy the Premises at all times during the Term without disturbance. Section 23. Assignment and Subletting. Tenant may not transfer, assign or otherwise alienate its interest in the Premises without first obtaining Landlord's written consent. Landlord may not unreasonably withhold or delay that consent. No subletting, assignment of rights or delegation of duties that Tenant may make will relieve Tenant from liability for the performance of the obligations Tenant undertakes under the terms of this Agreement. Tenant -H- hereby agrees to assume all rights and obligation of Landlord under those Leases attached hereto as Exhibit E. Section 24. Further Assurances. Each party must take the actions, provide the documents, do the things and provide the further assurances that the other party reasonably requests during the Term to comply with the terms of this Agreement. Section 25. Miscellaneous. (a) This Agreement inures to the benefit of and binds each of the parties and their respective heirs, administrators, successors and permitted assigns. (b) The table of contents and all section headings, titles and captions used in this Agreement are purely for convenience and do not affect the interpretation of this Agreement. No presumption or other rule requiring construction against the parry that causes an instrument to be drafted will apply to the construction of this Agreement. The parties intend that words of number or gender used in this Agreement will include any other number or gender, as the context may require. Each covenant that a party makes in this Agreement will be a separate and independent covenant of that party, which is not dependent on any other provision of this Agreement. (c) All Exhibits described in this Agreement are incorporated in and made a part of this Agreement, except that, if there is any inconsistency between this Agreement and the provisions of any Exhibit, the provisions of this Agreement control. (d) This Agreement will be governed by and interpreted in accordance with the laws of the state where the Premises are located. EACH PARTY WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM THAT THE OTHER PARTY BRINGS WITH RESPECT TO ANY MATTER ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT OR THE USE AND OCCUPANCY OF THE PREMISES. If either parry commences litigation against the other for the specific performance of this Agreement, for damages for the breach of any obligation undertaken under the terms of this Agreement or otherwise for enforcement of any remedy available to that party, the prevailing parry in that litigation is entitled to recover from the other party the reasonable attorneys' fees and other costs it incurs in connection with that litigation, including all costs incurred in enforcing, perfecting and executing its judgment. (e) Except as otherwise provided, the parties may amend this Agreement only by means of written agreements signed on behalf of Tenant and Landlord by their respective authorized signatories. (f) This Agreement supersedes all prior understandings, representations, negotiations and correspondence between the parties and constitutes the entire agreement between them with respect to the matters described in this instrument. No course of dealing, course of performance or usage of trade will modify or affect this Agreement. Neither party has made any representation to the other party other than those representations expressly set forth in this Agreement. -12- (g) The invalidity, illegality or unenforceability of any provision of this Agreement will not affect or impair the validity, legality and enforceability of the remaining provisions. (h) The failure of either parry at any time to require performance by the other of any provision of this Agreement will not affect that party's right to enforce that provision, nor will the waiver by either party of any breach of any provision of this Agreement constitute a waiver of any further breach of the same provision or any other provision. (i) The parties may execute this Agreement in any number of counterparts and all those counterparts taken together will constitute a single agreement. 0) All notices, approvals, requests, consents and other communications given, required or permitted in accordance with the terms of this Agreement must be in writing and must be hand -delivered or sent by facsimile transmission, Federal Express overnight service or United States certified or registered mail. The parties will consider notices given or delivered when received or when the intended recipient refuses delivery. The parties will address notices as follows: If to Landlord: R. Errol Houck 140 Heather Drive Queenstown, Maryland 21658 If to Tenant: A party may change the address to which it wishes notices to be sent by delivering notice of the change of address to the other party in accordance with the terms of this Section. Section 26. Time of Essence. Time is of the essence with respect to this Agreement. If the final day of any period of time described in this Agreement is a Saturday, Sunday or a legal holiday under the laws of the United States, the State of Florida, or the State of Maryland that period is extended to the next day that is not a Saturday, Sunday or legal holiday. Section 27. Validity of Agreement. This Agreement will not be valid or bind Tenant unless an officer of Tenant has signed it on behalf of Tenant and Tenant's counsel has manifested its approval of the legal form of this Agreement by initialing it in the space provided below. Section 28. Sale By Landlord. Landlord may assign its interest in the Authority Lease and or this Agreement without the consent of Tenant. In the event Landlord assigns all its rights to the Authority Lease and this Agreement, Landlord shall be released from further liability hereunder on the date of assignment. In the event Landlord only transfers its interest in the -13- Authority Lease (and not this Agreement), Landlord may enter into a subground lease for the Land in connection therewith (Landlord becoming sub lessee) or shall facilitate Tenant entering into such subground lease in order to preserve Tenant's rights to continued use and occupancy of the Land. In all cases Tenant shall reasonably cooperate with Landlord, including executing all necessary documents, including an amendment to this Agreement, provided that such document does not impose any increased material obligation on Tenant or materially diminish any of its rights hereunder. Section 29. Seopi . Tenant, and its employees, invitees, guests, and contractors must abide by those security regulations, policies and procedures (applicable at any time during the Term) ("Security Policies and Procedures") of the Landlord, the Airport, Federal Aviation Administration, the Transportation Security Administration, or any other applicable governmental or regulatory body, promulgated from time -to -time. Tenant shall indemnify, protect, hold harmless, and shall defend at its own expense, the Landlord and Landlord's mortgagees from time to time against any and all loss, claims and demands made by or arising in connection with Tenant's failure to comply with any applicable Security Policies and Procedures. The provisions of this section shall survive the expiration or earlier termination of this Lease. Section 30. [Intentionally Omitted] Section 31. Authority Lease. Tenant is cognizant of the terms and conditions of the Authority Lease and hereby convenants and agrees that its use and occupancy of the Premises hereunder shall be subject to all the provisions of the Authority Lease (as may be amended from time to time) and that it will not do or omit to do or permit to be done or omitted to be done any act or thing over which Tenant has control if such act, thing or omission would constitute a breach of any covenant in the Authority Leasee on the part of Landlord to be performed and observed. Landlord shall not require the consent of Tenant to amend the Authority Lease, Tenant waiving hereby any right it may have to give any such consent or consents provided that such amendment does not educe the term, impose any increased material obligation or Tenant or materially diminish any of its rights. The parties have signed this Agreement on the date first above written. ME HOUCK ENTERPRISES, INC. Title: ("Landlord") Aviator Holdings of Florida, Inc. Title: ("Tenant") -14- 0 TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division VI-Cl 12/22/09 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Michael Powley, P.Et/q County Engineer Close-out of the SR 615 S. 25th Roadway Widening (Midway Road —Edwards Road). See Attachment A of agenda memorandum. FUNDS AVAILABLE: Retainage: 101001-0000-205100-4108, 101006-0000-205100-4108, 101213- 00000-205100-4108; Kimley-Horn: Inspection 101006-4116-563012-4108 Trans Trust/impact Fees. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of the SR 615 S. 25th Roadway Widening project, approval of Change Order No. 17, release retainage, make final payment to Dickerson Florida in the amount of $1,506,510.42; approval of the Sixth Amendment to Work Authorization No. 1 with Kimley-Horn in the amount of $74,300; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER -- Approved 3.1 Faye W. Outlaw, MPA Comm. Coward voting no County Administrator Comm. Lewis Absent. Coordi nation/Sia natures County Y Attorne ( x ) �y OMB Director ( x ) Daniel McIntyre Budget Analyst Marie Gouin Originating Dept. ( x) County Engineer (x) ADold West Michael Powley �Rr►� Engineering Division � MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer DATE: December 22, 2009 Mil f� SUBJECT: Close-out of the SR 615 S. 25th Roadway Widening (Midway Road —Edwards Road). ITEM NO. VI-Cl Background: The construction of the South 251h Street Widening Project (Midway Road -Edwards Road) began in 2005. Dickerson Florida was the lowest bidder with a bid of $18,457,554.79. The County received funding for this construction from the Florida Department of Transportation (FDOT) amount of $13,200,000. As this project constituted a capacity improvement, impact fees were used to fund the difference. This project experienced many challenges for both the contractor and the County. Progress is finally to a point where it is appropriate to close out this project with the contractor. Sixteen change orders were processed, with four of them being time extensions only. The remainder modified project quantities from the original bid quantities. In reviewing our construction account, we still retain a surplus of funds resulting from unused quantities on the order of $564,421.44 after the contractor invoices are paid. The majority of the content of the following discussion is regarding the disposition of these surplus funds. A brief outline of the history of this project is useful. The original contract time for construction was two years. During construction, modifications to the plans increased the time necessary to construct the improvements. These changes included: 1. Turn lane construction at Selvitz Road and Midway Road, 2. Construction of turn lanes and signalization improvements for the new Fort Pierce Central High School, 3. Signalization of the Bell Avenue intersection and 4. Modification of the medians for increased access. When additional work items are included in a contract, additional time must also be included to allow for the new activities to be completed within the contract duration. Further, two named tropical systems, Ernesto and Fay, occurred during our project and affected the progress. Engineering Memorandum Page 2 VI-Cl December 22, 2009 The purpose of this agenda item is threefold: 1. Close-out this project with the contractor by providing for final contract payment to the contractor, without affecting any remaining warranty or bonding obligations of any third parties due and owing to the County and relating to the project. Closing this project includes processing the final change order to the contractor for the contract work that has been completed, as well as two discretionary items: additional Maintenance of Traffic (MOT) funds in acknowledgement of the extended construction duration and a petroleum increase allowance due to the unprecedented increase in the price of oil that occurred during the years beyond the original construction completion date. 2. Set up the plan for the eventual repair of Ten -Mile Creek bridge after final acceptance. 3. Approve an amendment to the work authorization of our construction management firm, Kimley-Horn & Associates. A detailed discussion of each of the factors follows. PROJECT CLOSE-OUT AND FINAL CHANGE ORDER A contractor rents the signs and barricades which are used to protect the workers and to allow the public to safely traverse the project limits. When the contractor controls the time frame in which a project is completed, it is not difficult to estimate the MOT cost for bidding. However, when construction time is exceeded by more than twice the original estimate, then consideration of a cost increase is valid. In addition, approximately half -way through completion of the landscaping component, the County directed that the foliage be changed to xeriscape only. This was a very significant change and both the planting plan and the irrigation system had to be completely redesigned. This effort alone consumed many months. Meanwhile, as the design consultants went about their work, all of the signs and barricades remained in place maintaining a safe project. Dickerson has requested partial funding of the MOT signs and barricades of $141,027. This represents about 30% of the total over -run experienced by the contractor for this line item (but not our project budget). Staff supports this request. At the time of bidding this project, and for two years following, a barrel of oil sold in the range of $50 to $55. The cost of oil figures heavily into the cost to produce asphalt. Our project utilized more than 17,500 tons of asphalt at a cost of more than $1.2 million. During 2008, the cost of a barrel of oil exceeded $125. Much of the final lift of asphalt was placed during this time frame. The contractor has requested additional compensation in the amount of $212,912 due to price increases related to petroleum. The value of this increase was calculated using FDOT's established procedure. Staff also supports this request. TEN -MILE CREEK BRIDGE The construction of the bridge at Ten -Mile Creek was completed in two phases: an east half and a west half, with the former experiencing significant soil -related issues. For these and other reasons, the project was partitioned. The roadway lengths from Midway Road to Sweetwater Drive and from Bell Avenue to Edwards Road (including the signals) were completed ahead of the bridge so these lengths were accepted by the County in April 2009. Engineering Memorandum Page 3 VI-Cl December 22, 2009 The area between Sweetwater Drive and Bell Avenue includes the Ten -Mile Creek bridge and still remains under contractor control. Because of the construction and settlement related issues on the east half, an independent engineering consultant was retained by the County to evaluate our construction guidelines. This second review concurred with our initial recommendations from the soils engineer which had been incorporated into our bid documents. This independent review also pointed to contractor operations as the likely cause for the excessive settlement observed on the east half of the bridge. Following this determination, the contractor retained his own engineer to devise a repair and a specialty contractor to facilitate the repair. This repair was completed at no charge to the County. Because of the difficulties encountered on the east half of the bridge, the contractor followed the construction recommendations from the bid documents closely during construction of the west half of the bridge. Unfortunately, it is now clear that the west half is also experiencing excessive settlement. County staff, along with the assistance of our design consultants, is monitoring it closely. However, it is our intention to fully evaluate the problem before affecting a repair. Our original geotechnical engineer, as well as a second geotechnical consultant, has been notified of the ongoing settlement problem. The County may decide to seek funding assistance for the repair from these consultants. That important decision is a topic for future discussions. Nothing in the proposed change order therefore affects any existing or future duties or obligations of any third party regarding, arising out of or relating to this settlement issue. Including the two discretionary items, total compensation to the contractor, aside from the release of retainage, is about $379,575.20 (Attachment B). This will leave about $184,846 remaining in our construction account. It is my recommendation that the remaining funds be disbursed as follows: $74,300 is needed as final payment to Kimley-Horn for their construction management assistance (Attachment C), $2,000 for removal of striping on Sweetwater Drive, and $28,500 to retain a consultant to assist with the design of the eventual repair of the bridge. The remaining funds, on the order of $80,000, will be set aside to fund the repair. This would allow us to complete the reconstruction at the time of our choosing rather than be held to other considerations. It is important to note that the cost of the repair has not been quantified. Recommendation: Board acceptance of the SR 615 S. 25th Roadway Widening project, approval of Change Order No. 17, release retainage, make final payment to Dickerson Florida in the amount of $1,506,510.42; approval of the Sixth Amendment to Work Authorization No. 1 with Kimley-Horn in the amount of $74,300; and authorization for the Chairman to sign documents as approved by the County Attorney. ATTACHMENT A Previous Action: September 12, 2000 - Joint Participation Agreement with FDOT to reimburse, design and construction of the S. 25th Street Widening project. June 28, 2005 - Award of SR 615 S. 25th Street to Dickerson Florida in the amount of $18,457,554.79. November 8, 2005 - Change Order No. 1 to the contract with Dickerson Florida in the amount of $49,349.55 for modification of plan quantities to facilitate construction. December 20, 2005 - Change Order No. 2 to the contract with Dickerson Florida for modification of plan quantities in order to ensure the safety of the public (will not change the contract dollar amount). April 25, 2006 - Change Order No. 3 to the contract with Dickerson Florida for modification of plan quantities and safety enhancements in the amount of $408,525.26. This also includes Midway Road and Selvitz Road Intersection Improvements. July 18, 2006 - Change Order No. 4 to the contract with Dickerson Florida for modification of plan quantities, improvements, and additional safety features. This will not increase the overall project cost. February 13, 2006 - Change Order No. 5 to the contract with Dickerson Florida for additional services, to modify project quantities in the construction plans, and an additional 39 days. February 27, 2007 - Joint Site Agreement with St. Lucie County School Board accepting $168,287.50 to redesign and construct intersections and entrances to the new Ft. Pierce Central High School. March 27, 2007 - Change Order No. 6 to the contract with Dickerson Florida in the amount of $463,711.49, to modify project quantities and signalization, and add an additional 7 days. July 3, 2007 - Change Order No. 7 to the contract with Dickerson Florida in the amount of $201,485.08 to modify project quantities, including Ft. Pierce Central High School, and will require an additional 33 days. August 7, 2007 - Change Order No. 8 to the contract with Dickerson Florida to remove the street lighting and reduce the contract amount by $717,084.95. March 25, 2008 - Resolution No. 08-112 and First Amendment to the Joint Participation Agreement with FDOT. April 1, 2008 — Change Order No. 9 to the contract with Dickerson Florida in the amount of $182,175.25 and approve a reduction of retainage from ten percent ($1,651,316.29) to five percent ($825,658.14). April 22, 2008 - Redistribution of project funding for SR 615 S. 25th Roadway Widening and Midway Road Widening (S. 25th St. -Turnpike bridge). May 6, 2008 - Change Order No. 10 to the contract with Dickerson Florida in the amount of $191,460.24 and Budget Resolution No. 08-165. July 1, 2008 - Change Order No. 11 to the contract with Dickerson Florida in the amount of $51,446.74 for modifications to project quantities. August 27, 2008 - Change Order No. 12 - Administrative approval for time extension only. October 7, 2008 - Change Order No. 13 to the contract with Dickerson Florida in the amount of $54,642.11 for modifications to project quantities. October 12, 2008 - Change Order No. 14 - Administrative approval for time extension only. October 28, 2008 - Approve partial acceptance of the SR 615 S. 25th Roadway Widening (Midway Road —Edwards Road) and release a proportionate share of their construction bond. February 18, 2009 - Change Order No. 15 - Administrative approval for time extension only. August 14, 2009 - Change Order No. 16 - Administrative approval for time extension only. Page 1 of 1 V CHANGE ORDER ST. LUCIE COUNTY ATTACHMENT B PROJECT: S. 2eh St. Widening (Edwards Rd. — Midway Rd.) (name, address) TO (Contractor): Dickerson Florida, Inc. P O Box 910 Fort Pierce, FL 34954-0910 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A — (Yes) SEE ATTACHED EXHIBIT CHANGE ORDER NUMBER: 17 & Final INITIATION DATE: 12/10/09 CONSULTANT'S PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C05-06-326 CONTRACT DATE: 6/28/05 Theoriginal (Contract Sum) was..........................................................................................................................$18,457,555.00 Net change by previous authorized Change orders..................................................................................................$885,710.77 The (Contract Sum) prior to this Change Order was............................................................................................$19,343,265.77 The (Contract Sum) will be decreased bythis Change Order........................................................................................................................................... .. ($57,423.87) The current (Contract Sum) including this Change Order will be........................................................................ $19,285,841.90 The Contract Time will be unchanged by.....................................................................................................................(-0-) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 2/28/10 Funds Available: Account Number 101006-4116-563000-4108 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. The intent of this Change Order is to provide for final contract payment to the Contractor, without affecting any obligations of any third parties due and owing to the County and relating to the Project. As such, and by way of example but not by way of limitation, nothing in this Change Order affects any existing or future duties or obligations of any third party regarding, arising out of or relating to the west half of the Project which continues to experience excessive settlement. Recommended: St Lucie County Engineerina Division Architect/Engineer 2300 Virginia Ave Ft. Pierce, FL 34982 Address 12/10//09 By: Chester Belcher, Project. Mgr. Date Agreed To: Dickerson Florida. Inc. Contractor P O Box 910. Fort Pierce. FL _34954-0910 Address By: Date Approved: Public Works Department St. Lucie County Department 2300 Virainia Ave. Ft. Pierce, FL 34982 Address 12/10//09 By: Donald B. West, P/W Dir. Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By: Chairman Date Approved as to Form and Correctness County Attorney Page 1 of 4 APPLICATION FOR 41_ AND FINAL PAYMENT PROJECT NAME STATE ROAD NO 615 (25TH STREET) ENGINEER'S PROJECT NO. 02-012 OWNER: ST. LUCIE COUNTY. FLORIDA CONTRACTOR: DICKERSON FLORIDA INC CONTRACT DATE: August S. 2005 APPLICATION AMOUNT:_31,506,510.63 APPLICATION DATE: INITIAL CONTRACT AMT. FOR PERIOD ENDING: 11/25/09 BASED ON EST. QUANTITIES TABULATION OF AMO NT DUE THIS APPLICATION BY CONTRACTOR AS APP. BY ENG. TOTAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of Completed Work'j $ 18,457,555.00 $ CHANGE ORDER NO_1_0e 49,349.55_4L100_%COMPLETED(+) CHANGE ORDER NO_2_06_0.00_0-100_%COMPLETED(+) CHANGE ORDER NO_3_®6406,525.26_0-100_%COMPLETED(+) CHANGE ORDER NO_4_46_0.00_G—/00_%COMPLETED(+) CHANGE ORDER NO_5_05_0.00_0-100_%COMPLETED(+) CHANGE ORDER NO_6_Qi463,711.49_Q_100_%COMPLETED(+) CHANGE ORDER NO_7_0s201,455.06_0-100_%COMPLETED(+) CHANGE ORDER NO_D_0t(717,064.95)_6100 %COMPLETED(+) CHANGE ORDER NO_9_0$162,175.25_0-100_%COMPLETED(+) CHANGE ORDER NO.10_®s191460.245_G-100_%COMPLETED(+) CHANGE ORDER NO.11_QS_61,446.74_0L100_%COMPLETED(+) CHANGE ORDER NO.13_OS-�M,642.11_0_100_%COMPLETED(+) CHANGE ORDER NO.17_0$(57.423.67)_0_100_%COMPLETED(+) Previous Payments: GROSS AMOUNT DUE $ 19,285,841.90 $ g Agi. iA *1-40 $17,779,331.27_ LESS PREY. PAY. (-) S 17,779,331.27 $ #2 $ SUB -TOTAL $ 1,508,510.83 S 1. '611 StD.2L 03 $ LESS FAILED LAB. TESTS (-) i . OwD U4 S Total $ AMOUNT DUE FINAL PAYMENT, EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD $ 4ffb&46)O. Alf_ CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that all obligations incurred by the Contractor under this Contract to date have been discharged in full; that no suits are pending in connection with the work under the Contract; that the Contractor agrees to the final price of $_19,285,841.90 and final payment of $_1,506,510.83 as full settlement of his account under the C tract and of all claims In connection therewith._ t CONTRAC ` BY: TITLE: VICE PRESIDENT IOU) 11 __ COUNTY OF ST LUCIE STATE OF FLORIDA�Jy Before me this $h day of DecembeL, 2009, personally appeared Bernie Barrile, known to me, who being duly swom, did depose and say that he is the Vice President (office) of the Contractor above mentioned; that he prepared attached application for payment and executed above affidavit on behalf of said Contractor; and th .............. contained therein are true, correct and complete. SELCNA 0. DEWEY My commission expires:: Ca11s1NDDCT4A500 +F� Explss 4/8I2012 Note u T Flerles NOIefNAMn„ Ine TO: BOARD OF ST. LUCIE COUNTY, FLORIDA The above application for payment by the Contractor has been reviewed by the Engineer. The engineer hereby approves final payment under this application in the amount of $ less liquidated damages assessed by Board, WITH ACTUAL PAYMENT SUBJECT TO CONTRACTOR'S SIGNING ABOVE AFFIDAVIT, ST.LUCIE COUNTY ENGINEERING DEPT. DATE: APPROVED BY: C=* Enaf w Ptkk works Director Contract Time Began: Substantial Completion on: Actual Construction Time: Cal. Days CHECKED BY: Contract Construction Time: Cal. Days ( Rainy Days Allowance: Cal. Days PREPARED BY: Other Overrun Allowances: Cal. Days St. Lucie County Eng. Depart. Net Overrun: Cal. Days cc: Finance UMcer Page 2 of 4 D Project: South 25th St. Widening (Edwards Road -Midway Road) CHANGE ORDER # 17 Contractor: Dickerson Florida, Inc. Notice to Proceed Date: 8/8/2005 Roadway Items 12-1 Maintenance of Traffic LS )2-18 Establishment of Temporary Drainage LS )2-14 Traffic Control Officers MH )2.14A Traffic Control Officers MH )2.60 Work Zone signs ED )2-61 Business Signs EA )2-71-21 one. Barrier Well (Temporary) Relocate) (Standard) LF 32-911-2 Removable Pavement Marking (Black/While) (Solid) LF D2-912-2 emovable Pavement Marking (Yellow) (Solid) LF D4-10-1 Baled Hay or Straw EA D4-16 Rock Bags EA 10-4 Removal of Existing Concrete Pavement BY 20.1 Regular Excavation CY 41.70 Settlement Plates Assembly S 41-70A Settlement Plates Assembly L LS 60-4 Me 8 Stabilization 02") SY �85-709 ptional Base (Base Group 9) SY .85-715 ptional Base (Base Group 15) (B-12.5 Only) BY 127-70-6 [waste illing Exist" Asphaltic Pavement (Traffic C) (1 1/2") SY 134-1-12 uperpave Asphaltic Concrete (Inc. Bit.) (1 1/2") TN 137-7.6 sphah(c Concrete Friction Coarse (Inc. Bit/Rubber) FC 12.5 (FC-6) (1 1/2") TN 100-1-11 Class I (Retaining Wells) CY 100-4-2 Concrete Class IV (Endwal0 CY t00-153 Non Shrink Grout (Miscellaneous) CF 125-2.92 Manhole (J-8) (>17) EA 430-171-125RR Pipe Culvert Optional Material (SS) (Remove & Relay)) LS 430-171-125 Pipe Culvert Optional Material (SS) 08") LF 430.171-129 Pipe Culvert Optional Material (SS) (24") LF 430-171.133 Pipe Culvert Optional Material ($S) (30") LF 430-171-138 Pipe Culvert Optional Material (SS) (36") LF 430-171.140 Pipe Culvert Optional Material (SS) (42") LF 430.171-225 Pipe Culvert Optional Material (SS) (Other Elip/Arch) (18") LF 30-171.233 ipe Culvert Optional Material (SS) (Other Elip/Arch) (30") LF 30-171-238 Pipe Culvert Optional Material (SS) (Other Elip/Arch) (36") LF 30-172-145 ipe Culvert Optional Material (CD) (72") LF 3DA74-125 Pipe Culvert Optional Material (SD) (18") LF 30.174-225 Pipe Culven Optional Material (SD) (14"x23") LF 30-942-29 Pipe Desilting (CD) (24") LF 430-942.44 ipe Desiaing (CD) (661 LF 30-942-45 Pipe Desiting (CO) (72") LF 30-984-625 Mitered End Section (SD) (Optional Round) (14"431 EA 515-1-2 Pipe Handrail (Aluminum) (2•Ra8) LF 15.2-302 Bicycle/Pedestrian Racing (Aluminum Only) (54" Picket Railing) LF 20-1-10 oncrete Curb & Gutter (Type F) LF 520-5-11 oncrete Traffic Separator (Type 1) (4' Wide) LF 522-1 Concrete Sidewalk (4") SY 522.2 Concrete Sidewalk (B") SY 524-1-2 oncrete Ditch Pavement (Non -Reinforced) SY 30-3.1 Riprep (Rubble) (Roadway) TN 538-1-1 Guardrail (Roadway) LF 38-8522 Guardrail End Anchorage Assembly (Flared) F� 536-85-25 Guardrail End Anchorage Assembly (Type 11) EA 570-9 Water for Grassing MG 710-5-1 Guidelines, Paint (Dotted) (While) LF 710-7 avemerd Arrows, Painted School I RR EA 710-21 Skip Traffic Stripe (White/Black) (6") GM 710.23-61 Skip Traffic Stripe (White/Black) (8") NM 710-25.181 Solid Traffic Stripe (WhiteBlack) (IS") F LF L 710-28 8olid Traffic Stripe (&( )Yellow) LF 710-29 Rellective Paint (Island Nose) Yellow BY 999A Fuel Adjustment Cost _ LS _ .. . Tool 4iw11way Items -.. Signallzation Items l0-1-12 Conduit (F&I) (Underground) 15-1-11 Pull and Junction Boxes (F&I) (Pull Box) )0-32-1 Pole Removal (Shallm) (Direct Burial )0-48 18 Sign Panel (15SF or Less) , Tool' SIGNING AND PAVEMENT MARKING ITEMS 00-90-11 Sign Flashing Beacon (F&I) (Ground Mount) 05-71 ubular Delineator (Flexible) 06.3 Retro-Refte ive Pavement Markers 10-30 Reffective Paint (Island Nose) Yellow 11-3 Pavement Messages, Thermoplastic 11-4 Dtractional Arrows, Thermoplastic '11-34 Skip Traffic Stripe, Thermoplastic (6" Yellow) 111-35-81 Solid Traffic Stripe, Thermoplastic (6" WhiteBlack) 111-35-121 Solid Traffic Stripe, Thermoplastic (12" White/Black) 1.00 $141,027.00 1.00 $4,133.69 55.00 S29.29 250.00 S5.91 8,132.00 $0.23 3.00 8229.00 -491.00 $4.26 -628.00 $3.19 -628.00 S3.19 .1,419.00 $10.65 -1,140.00 $5.32 53.12 $14.00 243.71 $17.09 -2.0 $378.00 1.00 $1.520.62 -1,W9.23 $3.75 4,048.69 $10.14 151.90 $56.55 -6,799.17 $1.75 -459.40 $55.38 901.73 $78.90 -38.2 $695.00 •0.0 $720.00 -135.00 $12.50 -1.00 $20,735.00 1,00 $9,243.32 -371. $51.39 11. S58.22 -24.00 $71.89 -13.00 $82.22 -11. $103.89 2.00 $52.72 -1.00 $75.83 •13.00 $93.72 -7.00 $564.45 40.00 $52.29 -11.10 $53.78 -191.00 $10.12 -75.00 $19.01 52.00 $23.27 -2.00 S630.00 4. $25.05 -33.00 $51.65 -197.84 $12.91 4.69 $31.82 84.06 $39.22 -745.37 $51.31 4.84 $42.60 -76.3 $72.42' .237.5 $33.73 ADO $2,015.00 -1oo $1,425.00 -54.5 $37.30 -203.00 $0.27 -96.00 $33.28 •3.72 $388.00 -0.003 $818.00 .58.00 $0.91 -265. $0.16 •6.03 $21.30 $141,027.00 $4,133.69 $1,610.95 $1,477.50 $1,870.36 $687.00 ($15,112.35) ($6,064.80) $743.88 S4,165.74 (5756.00', $1.520.62 ($5,659.61 $41,053.68 $8,589.05 $71,146.50 ($1,728.00) (520,735.00 $9,243.32 ($19,065.69', $616.42 (61,725 36 ($1,068.86 (E1,142.79 $105.44 ($3,951.15) $2,091.So ($596.96) ($1,932.92) ($1,425.75) $1,210.D4 ($1,260.00) $112.72 ($1,704.45) (52,554.11; $149.24 $3,296.83 ($38,244.93, $206.18 ($5,532.15 (S3. ($1, LF •985.00 $4.26 (K, 196.10) EA •14. $267.31 (53,742.34) EA •1. $2,130.00 ($2,130.00) EA -2. $48.00 ..($96.00) lization ' tS407M,M AS -2. $2,556.00 (55,112.00) EA 2.00 S48.00 $96.00 FA 33.00 $3.73 $123.09 SY -6.03 $21.30 (5128.44', EA 6. $104.37 $626.22 EA -3.00 $40.47 (S12l.41 LF -150.00 $0.42 ($63.00 LF -33.00 $0.72 ($23.76 LF 122A0 $2.13 $259.86 Page 3 of 4 ( 30-171.125 Pipe Culvert Optional Material (SS)(18") LF -77.00 $51.39 ($3,957.03) 30-171-133 Pipe Culvert Optional Material (SS) (30") LF 3. $71.89 $215.87 -171.133 Pipe Culvert Optional Material (SS) (3(') (Remove 6 Relay) LF 11.00 $36.00 $396.00 30-171-225 Pipe Culvert Optional Material (SS) (Other-Elip./Arch.) (18") LF 50.00 $52.72 $2,636.00 520.10 Concrete Curb d Gutter (Type F) LF 409 1 C $12.91 (E5,281.48) $tal .ubtoFPCHS ., _.. Total CO 07 ,<: .%.• '. -'_ •... $7rSS1a2:, Change Order fW 102-74-2 Barricade (Temp)(Type 3)(6') ED .1,015.00 $0.43 (S43(.45) 102-77 High Intensity Flashing Lights (Temp Type B) ED -896.00 $0.43 ($384.85) 102-78 Marker, Pavement Reflective (Temporary) FA -2,325.00 $3.35 ($7,798.80) 104-11 Floating Turbidity Banter LF -500. $10.65 ($5,325.00) 104-12 Slaked Turbidity Barrier LF -500.00 $5.32 ($2,660.00) 104-13-1 Staked SBl Fence (Type III) LF -2,079.00 $1.07 ($2,224.53) 160-4 Type 8 Stabilization (IZ') SY -98.98 $3.75 ($371.18) 285.709 Optimal Base (Base Group9) SY -7.1 $10.14 ($72.91) 335-1 sphalt (Leveling a Overbuilt) TN 48.95 $144.00 ($7,048.80) 400-1-11 Concrete Class I (Retaining Wall) CY 0.61 $695.00 $423.95 30-171-129 Pipe Culvert Optional Material (SS)(24") LF 1.00 S56.22 $56.22 515-2-302 Bicycle/Pedestrian Railing (Aluminum Only) (54" Picket Raifing) LF -8.40 $51.65 ($433.86) 520-1.10 oncrete Curb 6 Gutter (Type F) LF -37.00 $12.91 ($477.67) 522.2 Concrete Sidewalk (6" BY -79.15 $51.31 ($4,061.19) 524.1-2 Concrete Ditch Pavement (Reinforced) SY -35.16 $42.60 ($1.497.82) 575-1 Sodding (Bahia) SY -2.00 S1.33 ($2.68) 700.17 Painted Pavement Markers, Removed SF -116.00 $2.30 ($266.80) 710-23.61 Solid Traffic Stripe (White/Sladk) (e") NM -10.23 $618.00 ($6,323.99) 710-24-61 Solid Traffic Stripe (Yellow) (6") NM .9.8 $619.00 (56.058.06) 1, Roadway Hams Subtotal CO M9 :. ($44,Y7S.Si CO a9 Sell Ave. Signalization 0-1-13DB Conduit (F81) Under Pavement) LF 193.00 $15,W $2,895.00 0-1-12 Conduit (F8.1) (Underground) LF -84.00 $4.26 (5272.64) 35-1.11 Pull and Junction Boxes (F81) (Pull Box) EA -2.00 $207.31 ($534.62) 53-181 Pedestrian Signal (LED) (1 Way) AS 2. $681.00 $1,362.00 59-108 Signal Head Auxiliaries (Steel Pedestal) EA 1.00 $870.00 $870.00 665-11 Pedestrian Detector EA 2. $87,33 $174.66 00-48-18 Sign Panel (15 SF or Less) EA 4 $4800 $192.00 Bell Ave Slgnalization Subtotal.: $4.658,40 CO $9 Fort Pierce Central High School 2115-715A Optional Base (Base Group 15) (8-12.5 Only) LS 1.00 $4,408.95 $4,408.95 522-1 Concrete Sidewalk (4") SY 2.57 $39.22 $100.80 522-2 Concrete Sidewalk (8") BY .1.12 $51.31 (857A7 71D-30 Reflective Paint (Island Nose) Yellow SY -3.0 $21.30 (563.W 11-34 Skip Traffic Stripe, Thermoplastic (8" Yellow) LF -72.00 $0.42 ($30.24 711-37-61 Skip Traffic Stripe, Thermoplastic IS" White/Black) NM 0.002 $2,190.00 $4.38 711-38-61 Skip Traffic Stripe, Thermoplastic (8" Yellow) NM -0 005 $2,300.00 ($11.50 .,: .. ....•.. Fort Pierce Central High School Subtotal $4,SS1'02 , Total Change OrderK Change Order 010 Change Order t 10 FPCHS 30.1-12 Conduit Underground (F8t) LF 7199.00 $4.26 ($847.74 FPCHS Subtoal Roadway Items CO 010 102-74-1 Barricade (Temp)(Type 1,2,VP and Drum) ED -0. $4,000.00 ($135.2( 515-1-2 Pipe Handrail (Aluminum) (2 Rail) LF .30.50 $25 05 ($764.02 Co s110 Rind" Items Subtotal Total Change Order 010 Roadway hems CO all 520.1-10 Concrete Curb d Gutter (Type F) LF 0.90 $12 91 1.6 2 . CoMfl Roadway]termsubtoW _. .. .. .S1Y.82. Change Order#11 FPCHS 1104 Removal of Existing Concrete Asphalt BY .3.55 $14.00 ($49.70) 180-4 Type 8 Stabilization (12") SY 2.00 $3.75 $7.50 520-1-10 Concrete Curb and Gutter (Type F) LF .11.40 $12.91 ($147.17) 522-1 Concrete sidewalk (4") SY .6.00 $39.22 ($235.32) 5-11 Detector Ped. (F81) (Det Ste. Pole or Cabinet Mid) EA 1.00 $87.33 $87.33 -'. Subtotal :FPCHS I$$ST:Sj Total Change Order all f _ Change Order 013 102-99 Variable Message Board ED -2. $23.00 ($48.00, 630-1-13 Conduit (F61) (Under pavement) (Directional Bore) LF 384.00 $15.00 $5,760.00 706-3 Retro-Reflective Pavement Markers EA .18.00 $3.73 ($67.14 710.23-61 Solid Traffic Stripes (White/Black)(6") NM -9.00 S618.00 ($5,562.00 710-24-61 Solid Traffic Stripes (Yellow) (5") NM -9.00 $619.00 ($5,571.00 710-25.241 Solid Traffic Stripes (White/Black) (24) LF -2.00 $1.44 ($2.88 710-35-181 Solid Traffic Stripes Thermoplastic (Whhe/Black)(18') LF -1 $2 78 ($2.78 `Subtotal change Orde(a1 - ($5 49T.t0 Total Change Order 013 .. (f6 �• Page 4 of 4 ATTACHMENT C SIXTH AMENDMENT TO WORK AUTHORIZATION NO. 1 Engineering Services Related to Construction Management CO3-05-645 S. 25th Street Widening (Midway Road to Edwards Road) Pursuant to that certain Agreement between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Kimley-Horn and Associates, Inc. (the "Engineer") dated May 20, 2003, (the "Agreement") is hereby amended to provide construction engineering and inspection services in the amount not to exceed $3,150,120.00, an increase of $74,300.00. The Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the additional Compensation described in Exhibit "B". All work shall be completed on or before March 31, 2010 according to the Schedule described in Exhibit "C". All other terms and conditions of Work Authorization 1(CO3-05-645) shall be the same and remain in full force and effect. IN WITNESSES WHEREOF, the parties have caused this Sixth Amendment to Work Authorization No. 1(CO3-05-645) to be executed and delivered on the dates below: ATTEST: WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY KIMLEY-HORN AND ASSOCIATES, INC. BY: Print Name: Date: Page 1 of 2 Exhibit A SCOPE OF SERVICES The scope of this work is to continue the ongoing construction phase services as outlined in the initial S. 25th Street CEI Scope and Fee Proposal dated April 19, 2005. The estimate of manpower needed to carry out the scope of work is modified within this proposal to carry the programmed services through the completion of the construction project with the bridge construction actions and minor close out task thereafter. Exhibit 6 COMPENSATION We will provide the services described in Exhibit A for an amount of $3,150,120.00, an increase of $74,300.00, inclusive of expenses for CEI services. Exhibit C SCHEDULE Construction engineering and inspection services for 25th Street are to be completed on or before March 31, 2010. Page 2of2 ki AGENDA REQUEST ITEM NO. VI-C2 DATE: 12/22/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engine e Vp SUBJECT: Walton Road Widening (Village Green Drive to Lennard Road) NN�� BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101006-4116-563005-41011 transportation trust — impact fees PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Seventh Amendment with Inwood Consulting Engineers in the amount of $23,465.04 for Walton Road Widening (Village Green Drive to Lennard Road) and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Lewis absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordi nation/Slanatures County Attorney (x) / OMB Director ( x ) �(/`t Budget Analyst Daniel McIntyre Marie Gouin Originating Dept. ( x) (A Do ald West Walton award Inwood amendment Tag County Engineer (x) / yp Kc- Michael Powley SA M In Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director rl . FROM: Michael Powley, County Engineer MVP DATE: December 22, 2009 SUBJECT: Walton Road Widening (Village Green Drive to Lennard Road) ITEM NO. VI-C2 Background: The attached Seventh Amendment (Attachment A) to the contract (C05-12-722) with Inwood Consulting Engineers is to perform design services to incorporate the County's Greenways and Trails Master Plan for Walton Road Widening (Village Green Drive to Lennard Road), as well as to assist us on an as -needed basis during construction, and to close-out our regulatory permits in the amount of $23,465.04. This is the federally funded project. Previous Action: December 20, 2005 — Board approved the contract to Inwood Consulting Engineers in the amount of $741, 483.77 for the design of Walton Road from Village Green Drive to Lennard Road. January 9, 2007 - Board approved the First Amendment with Inwood Consulting Engineers in the amount of $78,336.07 for design modifications. November 20, 2007 — Board approved the Second Amendment with Inwood Consulting Engineers in the amount of $31,654.83 for the PD&E update. January 15, 2008 - Board approved the Third Amendment with Inwood Consulting Engineers in the amount of $317,426 to incorporate US 1 to Village Green Drive. February 17, 2009 - Board approved the Fourth Amendment with Inwood Consulting Engineers in the amount of $339,807.17 to convert the drainage system to a closed design. February 17, 2009 - Board approved the Fifth Amendment with Inwood Consulting Engineers in the amount of $63,251.05 for xeriscape and enhanced lighting. February 17, 2009 - Board approved the Interlocal Agreement with Port St. Lucie related to Walton Road Widening (US 1 to Village Green Drive). August 11, 2009 — Board approved Sixth Amendment with Inwood Consulting Engineers in the amount of $25,000 to provide design services, including closing out our regulatory permits at the conclusion of construction for Walton Road (Village Green to Lennard Road). Recommendation: Board approval of the Seventh Amendment with Inwood Consulting Engineers in the amount of $23,465.04 for Walton Road Widening (Village Green Drive to Lennard Road) and authorization for the Chairman to sign documents as approved by the County Attorney. { Attachment A SEVENTH AMENDMENT To DECEMSER 20, 2005 AGREEMENT THIS SEVENTH AMENDMENT is dated this day Of 2009, by and between ST. WQE,OP olitical subdivision of the State of Florida, hereinafter referred CWNTYto as the "County"and INWOOD CONSULTING �' their successors, executors, administrators, and assigns, hereinafter called the "Consultant." WHEREAS, on December 20, 2005, the parties entered into an agreement, hereinafter referred to as the "Agreement" for Engineering Services for the Walton Road Widening Project; and, WHEREAS, the parties desire to amend the Agreement to perform multi -use design services for the Walton Road Widening Project from Village Green Drive to Lenrard Road in order to comply with the ContYs Greenway and Trails Master Plan - NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 2, "Scope of Work," Exhibit "A" is amended to add: a. Engineer will revise the Walton Road widening plans to include a multi -use path on the south side of the right-of-way for the Walton Road segment between Village Green Drive and Lenard Road. b. Engineer will apply for a modification to the South Florida Water Management District permit for the changes to impervious areas on the project and the changes to the drainage system caused by the multi -use path design. 2, The Time of NPerformance hi states that the Amendment o jecttis to be completed by July 31, 010ins unchanged from t Amendment 3. Paragraph 5, "Compensation" is amended to add the following; For performing the services described herein, the County shall pay to the Consultant a lump sum amount of twenty-three thousand four hundred sixty-five and 04/100 ($23,465.04) dollars. 4. 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 Seventh Amendment by their duly authorized officials as of the day and year first written above. ATTEST: fISOARD OF COUNTY COMMISSIONERS ST. WCIE COUNTY, FLORIDA f3Y DEPUTY CLERK CHAIR -1- N APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -2- A_nwoodO SLC-011-08 October 29, 2009 Kyle Croce, P.E. St. Lucie County Engineering Division 2300 Virginia Avenue 2nd Floor Annex, Room 229 Ft. Pierce, Florida 34982-5652 Re: Amendment # 7 Walton Road Widening Project St. Lucie County Project No. 05-51 St. Lucie County, Florida Contract No. C05-12-722 Dear Mr. Croce: Inwood Consulting Engineers is pleased to present this proposal for multi -use path design services for the Walton Road Widening Project from Village Green Drive to Lennard Road. The multi -use path was identified in the County's Greenways and Trails Master Plan and is proposed on the south side of the roadway. An existing asphalt path, which is in disrepair, meanders along the south right of way line and currently provides a walling path for residents of the nearby Rainier Lakes subdivision. The proposed multi- use path will replace the existing asphalt path and provide better facilities for pedestrians, skaters and cyclists. This multi -use path is proposed to be 12 feet wide and conform to FDOT `s Pedestrian Facilities Planning and Design Handbook and Trail Intersection Design Handbook. The existing Walton Road plans will be updated to include the proposed design for the multi -use path. The fees for the additional effort to provide the design are detailed in the enclosed proposal. The total increase of this Amendment #7 is $23,465.04. We appreciate very much the County's consideration of this request Should you have any questions or comments or need further explanation, please contact me at 407-971-8850. Very truly yours, INWOOD CONSULTING ENGINEERS, INC. Z-�09%- ax-m�, David G. Coleman, P.E. Project Manager AGENDA REQUEST ITEM NO. VI-C3 DATE: 12/22/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer M VP SUBJECT: Walton Road Widening (Village Green Drive to Lennard Road) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Florida Highway Administration -Florida Department of Transportation (FHWA-FDOT) 101112-4115-563000-41011 - $3,433,640, Transportation Trust -impact - $1,506,836 PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of bid award to Sheltra & Son Construction Co., Inc. in the amount of $3,747,868.52 for construction of Walton Road Widening (Village Green Drive to Lennard Road) and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: QQ APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Comm. Lewis absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sianatures County Attorney (x) OMB Director (x) Budget Analyst RQ, Daniel McIntyre Marie G uin Originating Dept. ( x) Dc ald West Walton award Sheltra.ag County Engineer (x ) M Jj-1. Michael Powley Ad- lbar I Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director _4%1 - FROM: Michael Powley, County Engineer M.Vp DATE: December 22, 2009 SUBJECT: Walton Road Widening (Village Green Drive to Lennard Road) ITEM NO. VI-C3 Backaround: On December 2, 2009 bids were received in Purchasing for the Walton Road Widening project (Village Green Drive to Lennard Road). This is a federally -funded project. Nine bids were received. Sheltra & Son Construction Co., Inc. was the low bidder in the amount of $3,747,868.52. Please see attached bid tabulation and spreadsheet (Attachment A). The project budget will be established as follows: Construction Contract $3,747,869 10% Contengency $374,787 $4,122,656 St. Lucie County has Local Agency Program reimbursement grant funds of $3,433,640 for this project. We must submit an invoice to the Florida Department of Transportation (FDOT) for work performed in January 2010 for reimbursement. The federal funds preclude the County's local preference provisions. The agenda item is to establish the project budget, award a work authorization for construction management, and award a work authorization for construction materials testing for this project will be forthcoming in early January 2010. Previous Action: December 20, 2005 — Board approved the contract to Inwood Consulting Engineers in the amount of $741, 483.77 for the design of Walton Road from Village Green Drive to Lennard Road. January 9, 2007 - First Amendment with Inwood Consulting Engineers in the amount of $78,336.07 for design modifications. November 20, 2007 - Second Amendment with Inwood Consulting Engineers in the amount of $31,654.83 for the PD&E update. February 17, 2009 - Fifth Amendment with Inwood Consulting Engineers in the amount of $63,251.05 for xeriscape and enhanced lighting. April 21, 2009 — Board approval of the Local Agency Program (LAP) Agreement with FDOT in the amount of $3,574,360 for widening and enhancement of Walton Road (Village Green Drive to Lennard Road). June 2, 2009 — Board acceptance of Budget Resolution No. 09-171. Engineering Memorandum Page 2 December 22, 2009 VI-C3 August 11, 2009 - Sixth Amendment with Inwood Consulting Engineers in the amount of $25,000 to provide design services, including closing out our regulatory permits at the conclusion of construction for Walton Road (Village Green Drive to Lennard Road). December 15, 2009 — Board approval of the LAP Agreement Supplemental 1 with FDOT to increase the original agreement with additional funding in the amount of $153,640 for widening and landscape enhancement to Walton Road Widening (Village Green Drive to Lennard Road). Recommendation: Board approval of bid award to Sheltra & Son Construction Co., Inc. in the amount of $3,747,868.52 for construction of Walton Road Widening (Village Green Drive to Lennard Road) and authorization for the Chairman to sign documents as approved by the County Attorney. ATTACHMENT A BOARD OF COUNTY COMMISSIONERS BID 009-073 WALTON ROAD WIDENING PROJECT OPENED: December 01, 2009 AT 3:00 PM PURCHASING DEPARTMENT NINE (9) 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. TOTAL COST SHELTRA & SONS 14911 SW Van Burn Ave., Indiantown, FL 34956 $ 3,747,868.52 Phone: 772-597-3180 Fax: 772-597-4213 H & D CONSTRUCTION CO. 1404 S. 28, Street, Ft. Pierce, FL 34947 $ 3,815,255.76 Phone: 772-429-1620 Fax: 772-429-1628 H & J CONTRACTING, INC. 3160 Fairlane Farms Rd. Wellington, FL 33414 $ 4,000,167.50' Phone: 561-791-1953 Fax: 561-795-9282 DICKERSON FLORIDA INC. 3122 N. 25 Th. Street, Ft. Pierce, FL 34946 $ 4,009,000.00 Phone: 772-429-4444 Fax: 772-429-4445 COMMUNITY ASPHALT CORP. 5100 29 . Court, Vero Beach, FL 32967 $ 4,071,338.00 Phone: 772-770-3771 Fax: 772-770-3707 RANGER CONSTRUCTION IND. 510 Glades Cut -Off Road, Ft. Pierce, FL 34981 $ 4,132,479.79 Phone: 772-464-6460 Fax: 772-466-9559 GUETTLER BROTHERS CONSTRUCTION 401 Whiteway Dairy Road, Ft. Pierce, FL 34947 $ 4,336,945.31 Phone: 772-461-8345 Fax: 772-461-8039 FELIX ASSOCIATES OF FLORIDA. INC. 721 SW Darwin Blvd. Port St. Lucie, FL 34953 $ 4,529,582.88 ' Phone: 772-879-6510 Fax: 772-879-7485 PALM BEACH GRADING INC. 1250 Gateway Road, Lake Park, FL 33403 $ 4,786,218.76' Phone: 561-842-9551 Fax: 561-842-9824 Math Errors- * NUMBER OF COMPANIES NOTIFIED': 753 NUMBER OF BID DOCUMENTS DISTRIBUTED': 25 NUMBER OF BIDS RECEIVED: 9 ' - Per demandstar.com ITEM NO. VI-D o j _ -" DATE: COUNTY 12/22/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Guy D. Medor SUBMITTED BY: Parks and Recreation, Tradition Field Parks Manager SUBJECT: Budget Amendment BA10-004 to Purchase Equipment for Tradition Field BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 461-75201-564000-700 Tradition Field (Machinery & Equipment) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Amendment BA10-004 increasing Equipment Request EQ10-012 from $20,000 to $23,981 to purchase a Wiedenmann Super 500CHD as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) DENIED ��} ( ) OTHER - ----- Approved 4-0 Faye W. Outlaw, MPA Comm. Lewis absent County Administrator Coordination/Signatures OMB Director County Attorney ( X ) Budget Analyst (X) . Daniel McIntyre Marie Gouin Patty Marston Originating Dept. ( X) Purchasing ( ) Debra Brisson Parks and Recreation MEMORANDUM TO: Board of County Commissioners THROUGH: Debra Brisson, Director Ak FROM: Guy D. Medor, Parks Ma DATE: December 22, 2009 SUBJECT: Budget Amendment BA10-004 to Purchase Equipment for Tradition Field ITEM NO. VI-D Background: In the FY 09/10 budget, Equipment Request EQ10-012 was approved to allow for the purchase of a turf vacuum for Tradition Field. Unfortunately the equipment specified is no longer manufactured. Staff has located another vacuum manufactured by Wiedenmann. However, it is $3,981 more than was originally budgeted. The additional funds to purchase the vacuum are available in the Tradition Field operating budget. On November 23, 2009, staff received three quotes as follows: HectorTurf (Deerfield Beach, FL) $23,981.00 Storr Tractor Company (Ronkonkoma, NY) $24,860.00 Wiedenmann North America, LLC (Savannah, GA) $25,723.42 As no local vendor is an approved Wiedenmann distributor, if approved, the equipment will be purchased from Hector Turf of Deerfield Beach, Florida. Recommendation: Board approval of Budget Amendment BA10-004 increasing Equipment Request EQ10-012 from $20,000 to $23,981 to purchase a Wiedenmann Super 500CHD as outlined in this agenda memorandum. r UCI-b1-�bl�y 18:15 From: To:17724622103 Pa9e:212 1301 N.W. THIRD STREET / DEERFIELD BEACH. FL 33442 TEL.: (954) 429-3200 • FAX: (954) 300-7657 Quotation Provided for St. Lucie Sports Complex November 24, 2009 Q Model # Descri tion Unit Price 2700040 Wiedenmann Super 500 Verti-cutting $22.1646.00 1 ea Sweeper Vacuum with: - 3.3 Cu. Yard 1.-Iopper - PTo operation - High Lift Dump - 1. Ycar Limited warrant 1 ea 2700040V Wiedenmann Verti-cutting Blade Option 1,335.00 with: - 1.5" S acin Total $23,981.00 Pricing Per GSA Contract # GS-07F-8852D Effective 7/20/2009 Thra 2/28/2011 Note: > issue purchase order to Hector Turf. Y Shipment and service via Hector Turf. Provided by: Chris Fordney (954) 429-3200 Storr Tractor Company p Y Distributors of Quality Commercial Turf Care Equipment & Supplies 3191 Route 22, Branchburg, New Jersey 08876 - Phone: 908-722-9830 • Fax: 908-722-9847 17513u' Avenue, Ronkonkoma, New York 11779 - 631-588-5222 • Fax: 631-588-5222 Fax Quotation Number of page(s), including this page: 1 Date: November 23, 2009 To: Guy D. Medor Parks Manager St. Lucie County 772-462-2103 From: Ken Indyk Per your request, Storr Tractor Company quotes the following: 1 Wiedenmann, Super 500, tractor tow behind sweeper with multi purpose sweeper head, PTO powered, tilt and high dump hopper, one set of Dura verticutting blades. Pricing includes delivery. $24,860.00 -' --' ---- rear- uei ue Wiedenmann North America, LLC 25A Telfair Place Savannah, GA 31415 912-790-3004 I Name I Address I St Lucie Parrs and Rey nation Guy 0. Medar 3020 Will Fcc Rd. PL Pierce, FL 34982 Quote Date Quote # 11/23/2009 106 Rep Project Description CKY Total Super 500 Multi purpose machine Set of Duty Blades 1/121 spacing Shipping The above quotation does not include any sales tax, etc. 1 1 23,660,00 1,395.00 668.42 Total $25,723.42 e BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PARKS & RECREATION - TRADITION FIELD PREPARED DATE: 10/23/2009 AGENDA DATE: 12/22/2009 IACCOUNT NUMBER ACCOUNT -<NAME TO: 461-75201-564000-700 Machinery & Eaubment FROM: 461-75201-546300-700 Grounds Maintenance REASON FOR BUDGET AMENDMENT: To purchase a Super 500CHD with EQ10-012. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: n/a n/a n/a BA10-004 NT . 3891 3 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2009-2010 DEPARTMENT: PARKS AND RECREATION RECOMMENDED. -IX YES I INO REVISED DIVISION: TRADITION FIELD SPORTS COMPLEX APPROVED: YES NO REVISED EQUIPMENT: Turf Vac ADDITIONAL COSTS BUDGET AMOUNT: $20,000 NEW Tx - REPLACEMENT YES NO The current "turf -vac" in the inventory was purchased in January 1995. Since then, it has been repaired on numerous occasions in an effort to extend its normal life expectancy of 5 - 7 years. This item is an important and necessary piece of machinery needed to properly maintain 52 acres of bermuda turf at Major League Baseball standards. Aerification and verti-cutting are instrumental in bermuda turf maintenance, they improve the soil mixture around the highest part of a green's roots, while reducing and preventing the accumulation of excess thatch. After each session, the vacuum is used to remove the grass clippings from the playing surface. The existing "turf -vac", purchased almost 15 years ago, is well beyond its useful life, and is no longer cost-effective to continue with the repairs in order to keep it in operation. 0-012 ACCOUNT#• 461-75201-564000-700 0 AGENDA REQUEST ITEM NO. VI-E DATE: 12/22/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutz SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Prison Health Services Inmate HIV Medications Invoice for October, FY 09-10. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: None. RECOMMENDATION: Board approval for payment of Prison Health Services invoice number PHS0006878 for HIV Meds for the period of October 01, 2009 thru October 30, 2009, in the amount of $48,681.27. COMMISSION ACTION: (jO APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Comm. Lewis absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney () OMB Director Budget Analyst (Daniel S. McIntyre) Originating Dept. W _ ERD (Daniel. 0e) NA VIV (Marie Gouin) (Name) ir®us�� fi �u "COUNTY 11 ill Nile /Risk Management 17 Human Resources g MEMORANDUM TO: Board of County Commissioners THROUGH: Carl Holeva, Human Resources Director FROM: Daniel J. Lutzke, Risk Manage'Ll.---sy, DATE: December 4, 2009 SUBJECT: Prison Health Services Inmate HIV Medications Invoice for October, FY 09-10. ITEM NO. VI-E Background: Prison Health Services (PHS) acts as a third party administrator for prisoner health care and manages, administers and pays for inmate medication expenses provided to inmates. PHS is then reimbursed by the County in accordance with Florida Statues that make the County responsible for payment of inmate medical services, including HIV medications and the administration of those medications. Attachments Prison Health Services Invoice number PHS0006878 in the amount of $ 48,681.27. Recommendation Board approval for payment of Prison Health Services invoice number PHS0006878 for HIV Meds for the period of October 01, 2009 thru October 30, 2009, in the amount of $48,681.27. 7 S k Prison Health Services, Inc. 105 Westpark Drive, Suite 200 Brentwood, TN 37027 .-11 -n --nee Invoice Number: PHS0006878 MONTHLY INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2009 through September 30, 2010 HIV Medications For the month ended: October 31, 2009 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ Annual Aggregate Total: $ 100% bill back over $ Summary of Aggregate Calculation through 10/31/09 Pharmacy - HIV Meds: $ 48,681.27 Total Paid through 10131/09: $ 48,681.27 Aggregate Limit (PHS responsibility) pro -rated 1 months: Total PHS responsibility as of 10/31/09: $ Amount Due This Invoice $ 48,681.27 AGENDA REQUEST ITEM NO. VI-F1 DATE: 12/22/09 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 I' I SUBJECT: Amendment to Contract for the Purchase of Uniforms BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various departments (552910) Uniforms as needed PREVIOUS ACTION: January 15, 2008 — BOCC approved the award and contract RECOMMENDATION: Board approval of the first amendment to Contract No. C08-01-033 with Day Dreams Uniforms, Inc., extending the contract through January 14, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (X) APPROVED ( ) OTHER County Attorney ( X ) CONCURRENCE: ( ) DENIED Approved 4.0 Comm. Lewis absent Dan McIntyre Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Budget Analyst ( ) Purchasing (X ) Meliss 5imberlund Other ( ) TO: Board of County Commissioners FROM: Marie M. Gouin, Director 0 DATE: December 22, 2009 SUBJECT: Amendment to Contract for the Purchase of Uniforms ITEM NO. VI-F1 Background: On January 15, 2008, St. Lucie County entered into a contract with Day Dreams Uniforms, Inc., located in Port St. Lucie, Florida to provide for the purchase of uniforms on an as needed basis. Day Dreams was the shortlisted and most qualified proposer for RFP No. 07-110. The original contract was for a period of two years with two one-year renewal options. This first amendment will extend the contract through January 14, 2011. The first amendment to Contract No. C08-01-033 is attached. Recommendation: Board approval of the first amendment to Contract No. C08-01-033 with Day Dreams Uniforms, Inc., extending the contract through January 14, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. C08-01-033 FIRST AMENDMENT TO JANUARY 15, 2008 CONTRACT BETWEEN ST. LUCIE COUNTY AND DAY DREAMS UNIFORMS, INC. THIS FIRST AMENDMENT, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and DAY DREAMS UNIFORMS, INC., or his, its or their successors, executors, administrators, and assigns (the "Contractor") WHEREAS, on January 15, 2008 the parties entered into a contract for the purchase of uniforms as needed; and WHEREAS, the parties desire to amend the Contract to exercise the first one-year renewal option; and, NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM shall be amended to read as follows: 6. TERM The term of this Contract shall be for a period of three (3) years, beginning on January 15, 2008 and continue through and including January 14, 2011. Upon mutual written agreement, the Contract may be extended for one (1) additional one-year period. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 19 C08-01-033 WITNESSES: DAY DREAMS UNIFORMS, INC. I1-ya Print Name: Title: ITEM NO. VI-F2 7-�� r ouwnf, - ;, 1� � AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget/Purchasing SUBJECT: Amendment to Contract for Pest Control Services BACKGROUND: See attached memorandum. DATE: 12/22/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Marie M. Gouin h1 Director f " FUNDS AVAILABLE: 107-712-534000-1645 Other Contractual Services PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the twelfth amendment to Contract No. C06-07-407 with Hulett Environmental Services, adding the old fire station at the Airport and the garage building for the Parks Division of Parks and Recreation for a new contract total of $19,166.64, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: pC) APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Lewis absent County Attorney (X ) -2— Dan McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Budget Analyst Purchasing (X)��o �. Central Services Melissa Simberlund ( X) TaWonna Johnson ( X)v-- Roger Shinn Office of Management TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: December 22, 2009 SUBJECT: Amendment to Contract for Pest Control Services ITEM NO. VI-F2 Background: In 2006, St. Lucie County entered into a contract with Hulett Environmental Services, located in Ft. Pierce, to provide continuing pest control services on a monthly basis for County facilities and buildings. The old fire station at the St. Lucie County International Airport has become the responsibility of Central Services. This building can be added to the contract for $14.00 per month. The garage building for the Parks Division of Parks and Recreation, at the compound on Will Fee Road, does not have monthly service and can be added to the contract for $5.00 per month. The new contract total will be $19,166.64 per year. The twelfth amendment to contract C06-07-407 is attached. Previous Action July 11, 2006 — BOCC approval of contract in the amount of $11,834.64 August 28, 2007 — First amendment to add Guardian Ad Litem October 9, 2007 — Second amendment to add Open Space Pool and Tradition Field January 8, 2008 — Third amendment to add the new Clerk of Courts Building May 5, 2008 — Fourth amendment to delete Clerk of Courts, Depot Drive and Orange Blossom Mail, to add Clerk of Courts, Rhode Island and exercise the first one-year renewal option May 22, 2008 — Fifth amendment to add St. Lucie County Logistic Center August 12, 2008 - Sixth amendment to add three Parks locations (Lawnwood Maintenance Building, Parks Office Building and Lakewood Park Regional Maintenance Building) February 10, 2009 — Seventh amendment to remove the Ft. Pierce Community Center and add the Havert L. Fenn Center April 14, 2009 — Eighth amendment to add Central Services Garage and Fuel Pumps May 26, 2009 — Ninth amendment to add Lakewood Park Pool and Ravenswood Pool buildings June 23, 2009 — Tenth amendment to add the new EOC, remove Clerk of Court building on Rhode Island Avenue and extend contract term through August 31, 2010 August 18, 2009 — Eleventh amendment to add the new office at the Fairgrounds and Maravilla Park Recommendation Board approval of the twelfth amendment to Contract No. C06-07-407 with Hulett Environmental Services, adding the old fire station at the airport and the Park's garage building for a new contract total of $19,166.64, and authorization for the Chairman to sign documents as approved by the County Attorney. e C06-07-407 TWELFTH AMENDMENT TO JULY 11, 2006 CONTRACT BETWEEN ST. LUCIE COUNTY AND HULETT ENVIRONMENTAL SERVICES THIS TWELFTH 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 HULETT ENVIRONMENTAL SERVICES or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on July 11 , 2006 the parties entered into a contract for Pest Control Services; and WHEREAS, on August 29, 2007 the parties executed the first amendment to the Contract adding one (1) location (Guardian Ad Litem); and WHEREAS, on October 9, 2007, the parties executed the second amendment to further amend the Contract adding two (2) locations (Open Space Pool and Tradition Field); and WHEREAS, on January 8, 2008 the parties executed the third amendment to further amend the Contract adding one (1) locations (New Clerk of Courts Building); and WHEREAS, on May 5, 2008 the parties executed the fourth amendment to the contract to deleting two (2) locations (Clerk of Courts — Depot Drive and Orange Blossom Mall), adding one (1) location (Clerk of Courts — Rhode Island), and exercising the first one- year renewal option; and, WHEREAS, on May 22, 2008 the parties executed the fifth amendment to the contract adding one (1) location (St. Lucie County Logistic Center); and, WHEREAS, on August 12, 2008 the parties executed the sixth amendment to the contract adding three (3) Parks locations (Lawnwood Maintenance Building, Parks Office Building, and Lakewood Park Regional Maintenance Building); and, WHEREAS, on February 10, 2009 the parties executed the seventh amendment to the contract removing the Ft. Pierce Community Center and adding the Havert L. Fenn Center; and, WHEREAS, on April 14, 2009, the parties executed the eighth amendment to the contract adding Central Services Garage and Fuel Pumps; and, WHEREAS, the on May 26, 2009, the parties executed the ninth amendment to the contract adding two (2) additional locations (Lakewood Park Pool and Ravenswood Pool). WHEREAS, on June 23, 2009, the parties executed the tenth amendment to the contract adding the new Emergency Operations Center located at 15305 W. Midway Road, Page 1 of 3 C06-07-407 Alb deleting the Clerk of Courts offices on Rhode Island , and exercising the second one-year renewal option extending the contract through August 31, 2010. WHEREAS, the parties executed the eleventh amendment to the contract adding the new office building at the St. Lucie County Fairgrounds and Maravilla Park. WHEREAS, the parties desire to further amend the contract to add the parks garage and the former fire station at the Airport. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 7. CONTRACT PAYMENT shall be amended to read as follows: 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total amount in current funds being: $19,166.64 (nineteen thousand one hundred sixty-six and 64/100 dollars) per year as further described on the Bid Form attached as the Amended Exhibit "A". 2. The Bid Form Bid #06-068 Pest Control Services (Exhibit "A") to the Contract is hereby amended and attached hereto and made a part hereof as Amended Exhibit "A" Bid Form — Bid No. 06-068 Pest Control Services. 3. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY Page 2 of 3 C06-07-407 WITNESSES: HULETT ENVIRONMENTAL SERVICES MN Print Name: Title: Page 3 of 3 AMENDED EXHIBIT "A" BID FORM - Bid No. 06-068 Pest Control Services BUILDING ADDRESS MONTHLY COST YEARLY COST Airport Terminal 3000 Aviation Way $ 15.22 $ 182.64 Federal Inspection 2990 St. Lucie Blvd. $ 12.06 $ 144.72 Airport Maintenance Building 4801 Airport Road $ 14.00 $ 168.00 Court Admin. Old Tribune Bldg.) 200 S. 2nd Street $ 8.00 $ 96.00 Healthy Kids Old IM Water Bldg.) 117 Atlantic Avenue $ 8.00 $ 96.00 Public Defender 216 S. 2nd Street $ 15.00 $ 180.00 Courthouse Annex 218 S. 2nd Street $ 78.00 $ 936.00 State Attorne 14 Stories) 411 S. 2nd Street $ 36.85 $ 442.20 State Attorney II 2 Stories) 415 S. 2nd Street $ 15.00 $ 180.00 G!eFk efGauFt "mot Drive $ - $ - Libra (Hurston Branch) 3008 Avenue D $ 8.00 $ 96.00 Libra Fort Pierce) 101 Melody Lane $ 20.00 $ 240.00 Libra Port St. Lucie) 180 SW Prima Vista Blvd. $ 8.00 $ 96.00 Libra Lakewood Park 7605 Santa Barbara Drive $ 15.00 $ 180.00 Libra Mornin side 2410 SE Mornin side Blvd. $ 20.00 $ 240.00 Agricultural Center 8400 Picos Road $ 15.00 $ 180.00 Hurricane House A 8400 Picos Road $ 5.00 $ 60.00 Administration Complex 2300 Virginia Avenue $ 125.00 $ 1,500.00 South County Annex 250 SW Country Club Drive $ 45.00 $ 540.00 Walton Road Annex 1664 SE Walton Road $ 36.25 $ 435.00 Road & Bridge - Main Office 3071 Oleander Avenue $ 5.00 $ 60.00 Road & Bridge - Barn Offices 3071 Oleander Avenue $ 5.00 $ 60.00 Road & Bridge - Sign/Traffic Offices 3071 Oleander Avenue $ 5.00 $ 60.00 Central Services - Office Building 3071 Oleander Avenue $ 8.00 $ 96.00 A/C Maintenance Shop 3071 Oleander Avenue $ 5.00 $ 60.00 Rock Road Jail 900 N. Rock Road $ 188.84 $ 2,266.08 Emergency Operations Center 101 N. Rock Road $ 10.00 $ 120.00 Community Services/Record Management 437 N. 7th Street $ 15.00 $ 180.00 Juvenile Court/Clerk Records Management 435 N. 7th Street $ 20.00 $ 240.00 Sheriff Department - Office Building 4700 Midway Road $ 55.00 $ 660.00 Lincoln Park Community Center 1306 Avenue M $ 8.00 $ 96.00 Restroom/Pump House 2020 Juanita Avenue $ 5.00 $ 60.00 Indrio School House 8850 Indrio Road $ 5.00 $ 60.00 Page 1 of 3 AMENDED EXHIBIT "A" BID FORM - Bid No. 06-068 Pest Control Services BUILDING ADDRESS MONTHLY COST YEARLY COST Walton Road Community Center 11090 Ridge Avenue $ 8.00 $ 96.00 Recreation Division Office 1302 Virginia Avenue $ 8.00 $ 96.00 Gardner House 414 E. Seaway Drive $ 8.00 $ 96.00 . Historical Museum 414 E. Seaway Drive $ 15.00 $ 180.00 UDT Seal Museum 3300 N. A.1.A. $ 8.00 $ 96.00 $ - $ - Fairwinds Golf Course 4400 Fairwinds Drive $ 8.00 $ 96.00 Savannas Recreation Area 1400 E. Midway Road $ 5.00 $ 60.00 Oxbow Environmental Center 5400 St. James Drive $ 8.00 $ 96.00 Fairgrounds Maintenance Bldg 15601 W. Midway Road $ 5.00 $ 60.00 Fairgrounds Concession Bldg 15601 W. Midway Road $ 5.00 $ 60.00 Fairgrounds Main Office 15601 W. Midway Road $ 5.00 $ 60.00 Fairgrounds - Exhibit Hall Bldg. #1 15601 W. Midway Road $ 10.00 $ 120.00 Fairgrounds - Exhibit Hall Bldg. #2 15601 W. Midway Road $ 8.00 $ 96.00 Fairgrounds - Exhibit Hall Bldg. #3 15601 W. Midway Road $ 8.00 $ 96.00 Pumping Station South Hutchinson Wastewater Treatment Plant 3251 N.A. 1.A. 7601 S. Ocean Drive $ $ 5.00 5.00 $ $ 60.00 60.00 $ - $ - Supervisor of Elections - Orange Blossom Mall 4300 Okeechobee Road $ 10.00 i $ 120.00 First Amendment Addition Guardian Ad Litem 584 NW University Blvd. Ste 600 $ 10.00 $ 120.00 Second Amendment Addition Open Space Pool Tradition Field 1211 Avenue M 1 527 NW Peacock Blvd. $ $ 8.00 188.00 $ $ 96.00 2,256.00 Third Amendment Addition New Clerk of Courts Building 201 S. Indian River Drive $ 78.00 $ 936.00 Fourth Amendment Addition Clerk of Court 12400 Rhede island $ - Is - Fifth Amendment Addition St. Lucie County Logistics Center 3855 S. U.S. Highway 1 $ 150.00 $ 1,800.00 Page 2 of 3 AMENDED EXHIBIT "A" BID FORM - Bid No. 06-068 Pest Control Services N BUILDING TADDRESS MONTHLY COST YEARLY COST Sixth Amendment Addition Lawnwood Maintenance Building 1805 Quincy Avenue $ 14.00 $ 168.00 Parks Office 3020 Will Fee Road $ 14.00 $ 168.00 LWP Regional Maintenance Building 5990 Emerson Avenue $ 14.00 $ 168.00 Seventh Amendment Addition Havert L. Fenn Center 2000 Virginia Avenue 1 $ 32.00 1 $ 384.00 Eighth Amendment Addition Central Services - Garage and Fuel Pumps 3071 Oleander Avenue $ 8.00 $ 96.00 Ninth Amendment Addition Lakewood Park Pool & Building 59 00 Emerson Avenue $ 15.00 $ 180.00 Ravenswood Pool & Building 200 Ravenswood lane $ 15.00 $ 180.00 Tenth Amendment Addition New EOC Building 15305 W. Midway Road $ 49.00 $ 588.00 Eleventh Amendment Addition Fairgrounds New Office Building 15601 W. Midway Road 12622 $ 8.00 $ 96.00 Maravilla Park Oleander Blvd. $ 12.00 $ 144.00 Twelfth Amendment Addition Airport Old Fire Station 2850 Curtis King Blvd. $ 14.00 $ 168.00 Parks Garage Will Fee Road $ 5.00 $ 60.00 TOTAL $ 19,166.64 Page 3 of 3 is rr p Fw., ITEM NO. VI-F3 DATE: 12122/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin M SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to Contract for Fire Alarm System Testing, Monitoring and Inspections BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-7516-546000-700 Equipment Maintenance PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the fifth amendment to Contract No. C06-07-542 with 1S' Fire & Security, Inc., adding South County Stadium, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (�() APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Lewis absent Coordination/Signatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB County Attorney ( X) Budget Analyst ( X ) Dan McIntyre Patty rston Purchasing (X) Parks & Recreation (X)✓.h Melissa Simberlund Debra Brisson TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: October 13, 2009 SUBJECT: Amendment to Contract for Fire Alarm System Testing, Monitoring and Inspections ITEM NO. VI-F3 Background: On July 18, 2006, St. Lucie County entered into a contract with 1s' Fire & Security, Inc., located in Vero Beach, Florida, to provide fire alarm system testing, monitoring and inspections for County buildings/facilities. 15t Fire & Security was the 2"d lowest bidder for Bid No. 06-082. The lowest bidder, from Miami, Florida, could not meet the County's required response time. 1st Fire & Security's bid was only $160.00 higher than the lowest bid. Construction at the South County Stadium will soon be complete and this facility will now require fire alarm system monitoring. This facility can be added to the contract for $45.00 per month. The new contract total will be $1,572.50 per month. The fifth amendment to Contract No. C06-07-542 is attached. Previous Action: July 18, 2006—BOCC approval of award of bid October 23, 2007—First amendment adding Clerk of Courts Building August 22, 2008—Second amendment extending the contract to September 30, 2009 March 17, 2009 —Third amendment adding the elevator emergency monitoring for the Clerk of Courts Building October 13, 2009—Fourth amendment extending the contract through September 30, 2010 Recommendation: Board approval of the fifth amendment to Contract No. C06-07-542 with 1st Fire & Security, Inc., adding South County Stadium, and authorization for the Chairman to sign documents as approved by the County Attorney. C06-07-542 FIFTH AMENDMENT TO JULY 18, 2006 CONTRACT BETWEEN ST. LUCIE COUNTY AND 1ST FIRE & SECURITY THIS FIFTH 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 1ST FIRE & SECURITY or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on July 18, 2006 the parties entered into a contract to provide Fire Alarm System Testing, Monitoring and Inspections; and, WHEREAS, on October 23, 2007, the parties executed the First Amendment to the Contract adding an additional building/facility (Clerk of Courts Building); and, WHEREAS, on August 22, 2008 the parties executed the Second Amendment to the Contract exercising the firs one-year renewal option and extending the contract through September 30, 2009; and, WHEREAS, on March 17, 2009 the parties executed the Third Amendment to the Contract adding the elevator emergency monitoring for the Clerk of Courts Building; and, WHEREAS, on October 13, 2009 the parties executed the Fourth Amendment to the Contract extending the contract through September 30, 2010; and, WHEREAS, the parties desire to further amend the Contract to add the South County Stadium to the fire alarm system monitoring. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Fire Alarm System Monitoring for the South County Stadium will be added to the Contract for forty-five and 00/100 dollars ($45.00) per month. This will be billed quarterly. 1 C06-07-542 2. The Bid Form Bid #06-082 Fire Alarm System Testing, Monitoring and Inspections to the Contract is hereby amended and attached hereto and made a part hereof as Revised Bid Form - Bid No. 06-082. 3. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution of the Third Amendment by their duly authorized officials as of the day and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA M3 DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: 15` FIRE & SECURITY BY: Print Name: Title: 2 REVISED BID FORM Bid No. 06-082 Fire Alarm System Testing, Monitoring and Inspection Group 1 $ 25.00 Per Month Testing, Monitoring & Inspection $ 25.00 Per Month 1 Election Warehouse $ 950.00 Per Month 2 Health Department $ 25.00 Per Month 3 Rock Road Jail $ 25.00 Per Month 4 Administration Building $ 25.00 Per Month 5 Roger Poitras Building $ 25.00 Per Month 6 Empire I $ 25.00 Per Month 7 Empire II $ 25.00 Per Month 8 Main Library $ 25.00 Per Month 9 Public Defender $ 25.00 Per Month 10 St. Lucie County Courthouse $ 25.00 Per Month 11 St. Lucie Parking Garage $ 25.00 Per Month 12 Sheriff's Building $ 25.00 Per Month 13 Morningside Library $ 25.00 Per Month 14 Oxbow Ecocenter $ 25.00 Per Month 15 Agricultural Center $ 25.00 Per Month 16 Juvenile Courthouse $ 25.00 Per Month 17 Marine Center $ 25.00 Per Month 18 South County Annex $ 25.00 Per Month 19 Walton Road Annex $ 75.00 Per Month 20 Clerk Of Courts Building 21 Elevator Emergency Telephone Monitoring $ 27.50 Per Month 22 South County Stadium $ 45.00 Per Month $ 1,572.50 Per Month TOTAL MONTHLY Response time necessary to get crews working One (1) Hours after receipt of a service call GROUP II Hourly Rate for Additional Services: The hourly rate quoted shall include full compensation fo labor, equipment use, travel time, and any toher cost to the bidder. Hourly Labor Rate I - Hourly rate for straight time repairs 8:00 A.M. to 5:00 P.M., Monday through Friday Hourly Labor Rate II - Hourly rate for overtime repairs before 8:00 A.M., after 5:00 P.M. or on weekends GROUP III Percentage above Vendor Cost for Additional Services: S 75.00 Per hour $ 110.00 Per Hour 40% Above Cost 1st Amendment 3rd Amendment 5th Amendment ITEM NO. VI-F4 DATE: 12/22/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin h SUBMITTED BY: Office of Management & Budget/Purchasing Director lY �U�`� SUBJECT: Request for Qualifications (RFQ) No. 10-001, Civil Engineering and Land Planning for the Treasure Coast Research Park (TCRP) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-3716-563000-093610 Infrastructure PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the short-listed firms for Civil Engineering and Land Planning for the Treasure Coast Research Park and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Lewis absent County Attorney ( X ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures �'Zw Budget Analyst ( X ) Dan McIntyre -� e_�b Patty Marston-Duva Purchasing ( X) Research and ( X),�� Education Park J Ben DeVries Desiree Cimino Office MEMORANDUM & Budget/Purchasing TO: Board of County Commissioners FROM: Marie M. Gouin, Director 00�/ DATE: December 22, 2009 SUBJECT: Request for Qualifications (RFQ) No. 10-001, Civil Engineering and Land Planning for the Treasure Coast Research Park (TCRP) ITEM NO. VI-F4 Background: On June 5, 2009, responses to RFQ No. 10-001, Civil Engineering and Land Planning for the TCRP, were opened. Six proposals were received; 725 companies were notified and 82 RFQ documents were distributed. Upon selection of the most qualified firm, negotiations will begin for a contract to provide civil design and land planning services for TCRP. Services are to include, but not be limited to, land planning, roadway and pedestrian traffic design, storm -water design, permitting, landscape design, public spaces, site lighting, security planning, monument signs, fiber optic connection and all utilities. TCRP Phase 1 is located on a +/- 162 acre green field site and consist of approximately 1,100,000 square feet with phased interior parcel improvements and will feature highly efficient and flexible sites designed to meet changing technology and user requirements. This project will be located adjacent to the agricultural and horticultural research/teaching facilities at South Rock Road, Ft Pierce occupied by the USDA (170,000 square foot) and the OF/IFAS/IRREC (90,000 square foot). On December 9, 2009, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm are provided in Attachment A. The short-listed firms in order of ranking are as follows: 1. Rudd Jones, P.E. and Associates — Port St. Lucie, Florida 2. Kimley-Horn and Associates — Cary, North Carolina (St. Lucie County Satellite Office) 3. Milestone Construction Group, LLC — Port St. Lucie, Florida Recommendation: Board approval of the short-listed firms for Civil Engineering and Land Planning for the Treasure Coast Research Park and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. +w Attachment A Past Performance Firm Location References Qualifications Total Score Ranking Total possible points per committee member 20 55 25 100 Total possible points for five members 100 275 125 500 Rudd Jones P.E. & Associates 100 221 93 414 1 Kimley-Horn and Associates 50 250 109 409 2 Milestone Construction Group, LLC 100 211 95 406 3 Caulfield & Wheeler, INC 100 201 95 396 4 IBI Group, Inc 50 200 114 364 5 Land Design South of Florida 50 214 98 362 6 LOCATION RATING Headquartered in St. Lucie County 20 Satellite Office in St. Lucie County 10 Office located in the tri-County Area (Martin, Okeechobee & Indian River Count 6 Office located outside of the tri County area but in Florida 3 Office located outside of Florida 0 Proposing firms can only receive a score from one of the above categories. 0 BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - RFQ# 10-001 PURCHASING DEPARTMENT CIVIL ENGINEERING AND LAND PLANNING FOR THE TREASURE COAST RESEARCH PARK OPENED: NOVEMBER 16, 2009 AT 2:00 PM SIX (6) Submittals were received for subject proposal: ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. CAULFIELD & WHEELER INC. Contact: Judy T. Dye I Phone: 772-408-1920 1 Fax: 772-408-1925 Address: 410 S.E. Port St. Lucie Blvd., Port St. Lucie, FL 34984 IBI GROUP INC. Contact: Thomas F. Donahue Phone: 954-602-0504 Fax: 954-341-5961 Address: 100 South Olive Ave., West Palm Beach, FL 33401 KIMLEY-HORN AND ASSOCIATES INC. Contact: Brain Good I Phone: 772-345-3800 Fax: 772-286-0138 Address: 10521 S. W. Village Center Drive, Suite 103, Port St. Lucie, FL 34987 LAND DESIGN SOUTH OF FLORIDA Contact: Brad Currie I Phone: 772-871-7778 Fax: 772-871-9992 Address: 1100 St. Lucie West Blvd., Su ite202, Port St. Lucie, FL 34986 MILESTONE CONSTRUCTION GROUP LLC Contact: Vemon T. Hackett I Phone: 772-359-8673 1 Fax: 772-807-8969 Address: 1391 NW St. Lucie Blvd., Suite 300, Port St. Lucie, FL 34986 RUDD JONES P.E. & ASSOCIATES Contact: Rudd Jones I Phone: 772-336-2933 1 Fax: 772-336-2940 Address: 7448 S. Federal Highway, Port St. Lucie, FL 34952 NUMBER OF COMPANIES NOTIFIED*: 725 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 82 NUMBER OF BIDS RECEIVED: 6 * - Per demandstar.com CHRIS DZADOVSKY, District No.1 ♦ DOUG COWARD, District No. 2 ♦ PAULA A. LEWIS, District No. 3 ♦ CHARLES GRANDE, District No. 4 ♦ CHRIS CRAFT, District No. 5 County Administrator —Faye W.Outlaw, MPA 2300 Virginia Avenue — Fort Pierce, FL 34982-5652 — Phone (772) 462-1700 — TDD (772) 462-1428 Website: www.co.st-Wde.tl.us Attachment B CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Request for Proposal No. 10-006, Canoe and Kayak Rentals at River Park Marina BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 13, 2009 — BOCC approval for permission to advertise RFP. RECOMMENDATION: Board approval to award RFP No. 10-006, Concession Agreement for the Rental of Canoe and Kayak to St. Lucie Canoes and Kayak, Inc. of Port St. Lucie and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Comm. Lewis absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures �UL County Attorney ( X) Budget Analyst ( X ) Dan McIntyre Patty Marston-Duva Purchasing ( X) Parks and ( X)f Recreation Desiree Cimino Debra Brisson Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director I ', DATE: December 22, 2009 SUBJECT: Request for Proposal No. 10-006, Canoe and Kayak Rentals at River Park Marina ITEM NO. VI-F5 Background: On November 18, 2009, responses to RFP No. 10-006, Concession Agreement for the Rental of Canoes and Kayaks, were opened. One proposal was received; 173 companies were notified and one RFP document was distributed. The purpose of this RFP is for the rental of canoes, kayaks and/or man powered boats at the River Park Marina site. The proposer must also supply all safety items such as life jackets, whistles, etc. as required by state law. Recommendation: Board approval to award RFP No. 10-006, Concession Agreement for the Rental of Canoe and Kayaks, to St. Lucie Canoes and Kayak, Inc. of Port St. Lucie and authorization for the Chairman to sign documents as approved by the County Attorney. BOARD OF COUNTY COMMISSIONERS TABULATION SHEET — RFP# 10-006 PURCHASING DEPARTMENT CONCESSION AGREEMENT FOR THE RENTAL OF CANOES & KAYAKS AT RIVER PARK MARINA OPENED: NOVEMBER 18, 2009 AT 4:00 PM ONE (1) Submittal was received for subject proposal: ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. ST. LUCIE COUNTY CANOES & KAYAK INC. Contact: Brain Vosler I Phone: 772-340-3993 Fax: 772-834-3117 Address: 273 NE Sagamore Terrace, Port St. Lucie, FI 34983 NUMBER OF COMPANIES NOTIFIED*: 173 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 1 NUMBER OF BIDS RECEIVED: 1 * - Per demandstar.com CHRIS DZADOVSKY, District No.1 • DOUG COWARD, District No. 2 • PAULA A. LENS, District No. 3 ♦ CHARLES GRANDE. District No. 4 • CHRIS CRAFT, District No. 5 County Administrator — Faye W. Outlaw, MPA 2300 Virginia Avenue — Fort Pierce, FL 34962-5652 — Phone (772) 462-1700 — TDD (772) 462-1428 Website: WWW.co.St-Iucie.fl.us ATTACHMENT A " ITEM NO. VI-F6 DATE: 12/22/09 AGENDA REQUEST REGULAR PUBLIC HEARING ( } LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Budget Resolution No. 09-366, Florida Department Transportation (FDOT) Joint Participation Agreement (JPA), Taxiway C Rehabilitation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140368-4220-563000-104602 Infrastructure (pending BOCC approval). PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Budget Resolution No. 09-366 establishing the remaining FDOT grant award amount of $1,456,800 for the Taxiway C Rehabilitation project. COMMISSION ACTION: (><) APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Lewis absent Coordination/Signatures 4; County Attorney ( X) Daniel McIntyre Originating Dept. ( ) (Name) CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB (X) Budget Analyst -- Patty Marston Duva Airport (X) Diana Lewis I TO: Board of County Commissioners FROM: Marie M. Gouin, Director I,A.-,4 . DATE: December 22, 2009 SUBJECT: Budget Resolution No. 09-366, Florida Department Transportation (FDOT) Joint Participation Agreement (JPA), Taxiway C Rehabilitation ITEM NO. VI-F6 Background: Taxiway C is a parallel taxiway associated with Runway 14/32. The taxiway is 4,700 feet in length and 35 feet wide. The original 1,700 foot section of this taxiway was last resurfaced in 1985. The additional 3,000 feet was constructed in 1989 and has not been resurfaced since it was built. In October 2007, a pavement inspection was conducted by the FDOT. The inspection results showed that Taxiway C is in fair condition with some areas listed as poor. It has been over 20 years since the taxiway was last milled and paved, and the pavement has reached its useful life. Previous Action: In November 2009, the Board accepted the $1,942,400 FDOT Joint Participation Agreement for the 80% match for the rehabilitation project with a $485,600 local match share for a total project cost of $2,428,000. In December 2009, the Board approved Budget Resolution 09-356 to establish a partial amount of the FDOT grant award. Recommendation: Board approval of Budget Resolution No. 09-366 establishing the remaining FDOT grant award amount of $1,456,800 for the Taxiway C Rehabilitation project. RESOLUTION NO. 09-366 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 $1,456,800, as funding for the Rehabilitation of Taxiway C 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 December, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 140368-4220-334411-104602 FDOT-Transportation $1,456,800 APPROPRIATIONS 140368-4220-563000-104602 Infrastructure $1,456,800 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chairman XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 22ND DAY OF DECEMBER 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: 12/22/09 COUNTY • 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: Subgrant Agreement with Council on Aging of St. Lucie, Inc. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 130102-4910-582015-400 FTA 5307 FL 96-XO25 ARRA grant PREVIOUS ACTION: March 10, 2009 - Approved submission of application to FTA September 8, 2009 - Accepted FTA 5307 FL 96-XO25 ARRA grant and BR 09-264 RECOMMENDATION: Board approval of subgrant agreement in the amount of $206,782 with Council on Aging of St. Lucie Inc., and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (>C) APPROVED ( ) DENIED ( ) OTHER -- - -�, Approved 4-0 Faye W. Outlaw, MPA Comm. Lewis absent County Administrator Coordination/Sianatures County Attorney ( ) OMB Director ( ) hi p , D Budget Analyst 14fQ�t�TT` Davief S. McIntyre ka—G—ouin Kest', y'a_�' Sophia Holt Originating Dept. ( ) 6a� Beth Ryder Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director&G� FROM: Corine C. Williams, Transit Manager P-�-e DATE: 12/22/09 SUBJECT: Subgrant Agreement with Council on Aging of St. Lucie, Inc. ITEM NO. VI- G1 Background: On March 10, 2009, the Board approved staff submission of an application to the Federal Transit Administration (FTA) for Section 5307 American Recovery and Reinvestment Act (ARRA) 2009 grant funds. On September 8, 2009, the Board accepted FTA 5307 grant award in the amount of $1,957,183; of which $1,750,401 is dedicated to funding the construction of the Intermodal Transfer Facility and other related infrastructure. A subgrant agreement with the Council on Aging of St. Lucie, Inc. in the amount of $206,782 will be expended as listed below: • Purchase of surveillance and security equipment • Purchase of ADP Hard/Software • Bus Route Signage • Operational assistance These ancillary items are required for the intermodal facility, but under the FTA regulations, the operating assistance must be expended by 2011. Recommendation: Board approval of subgrant agreement in the amount of $206,782 with Council on Aging of St. Lucie Inc., and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: Subgrant agreement Memo #10-040 I THIS Subdivision "County", successors, called the SUBGRANT AGREEMENT SUBGRANT AGREEMENT, made this day of , 2009, between ST. LUCIE COUNTY, a Political of the State of Florida, hereinafter called the and COUNCIL ON AGING OF ST. LUCIE, INC., or its executors, administrators, and assigns hereinafter "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a subgrant in a total amount not to exceed two hundred twenty-five thousand seven hundred twenty and 00/100 dollars ($225,720.00) pursuant to the Federal Transit Administration Section 5309 grant (FL-04-0093-00), between the Federal Transit Administration and the County, hereinafter referred to as the "Grant Agreement". The parties hereby acknowledge and agree that the total amount of the award to the County under the Grant Agreement is two hundred twenty-five thousand seven hundred twenty and 00/100 dollars ($225,720.00), to be used to provide funding to purchase one (1) medium duty bus for expansion and preventive maintenance items (to include, but not limited to tires, batteries, etc.) hereinafter called the "Project". The Council shall submit requests for payment to the County in a form acceptable to the County and in accordance with the terms and conditions of this Agreement. 2. The subgrant shall be used only as set forth in this Agreement. The Recipient further agrees to comply with the terms and conditions of the Grant Agreement and any agreement between the County and the Federal Transit Administration pursuant to which the County receives funding for the Project, including but not limited to audit and safety certification requirements. A County property record number shall be affixed to any equipment purchased with the subgrant funds at a cost of one thousand and 00/100 dollars ($1000.00) or more. The Council agrees to coordinate with the County Purchasing Director in the purchase of any equipment pursuant to this Agreement. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals 1 • r the grant was not used according to the Grant Agreement, the Grant Application, and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. In the alternative and subject to prior written approval of the County Budget and Management Director, the Council may submit qualifying paid invoices in lieu of a certified audit. In addition, the Council shall provide the County with a copy of the Council's annual audit for each fiscal year during which the Council expends funds received pursuant to this Agreement. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under this Agreement. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Council or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with all local, state and federal laws, rules and regulation, the terms of the Grant Agreement, and the certifications accompanying the Grant Application. 2 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 1505 Orange Avenue Fort Pierce, Florida 34950 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. 12. The Council 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 Florida Statutes 112.311 (2006) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said performance. The Council 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 Council'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 Council 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 3 conflict of interest if entered into by the Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in the notification and 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 Council under the terms of this Agreement. 13. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. 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. 14. 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. 15. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 16. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. [Remainder of page intentionally left blank.] 4 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 CHAIRMAN ATTEST: SECRETARY APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY COUNCIL ON AGING OF ST. LUCIE, INC. BY• PRESIDENT (SEAL) g:\transportation/contract/FTA5309contract(FL-04-0093) 5 ITEM NO. VI-G2 DATE: 12/22/2009 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: FTA Grant Acceptance of Earmark for Buses BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 130106-4910-3314121-400 PREVIOUS ACTION: October 20, 2009 - Approved submission of FTA 5309 grant application. RECOMMENDATION: Board acceptance of FTA Section 5309 grant FL 04-0093 in the amount of $225,720, approval of Budget Resolution 09-365 and the subgrant agreement with the Council on Aging of St. Lucie, Inc.; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (X) APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Lewis absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney OMB Director Daniel S. McIntyre Budget Analyst Originating Dept. ( ) Beth Ryder () M 4+- Marie ouin Sophia Holt N Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, DirectorJo— FROM: Corine C. Williams, Transit Manager DATE: December 22, 2009 SUBJECT: FTA Grant Acceptance of Earmark for Buses ITEM NO. VI-G2 Background: In the past, St. Lucie County has submitted legislative requests for FTA Section 5309 Earmarks. While the requests were for funding the construction of the transit maintenance facility on Selvitz Road and to purchase vehicles, the earmark was only awarded for the purchase of vehicles. Since 2005, the FTA 5309 Earmark allocations for St Lucie County have exceeded $1,700,000, which funded the purchase of replacement vehicles for fixed transit routes and demand response services, as well as associated capital maintenance. For FY 2009 FTA has allocated $225,720 for the purchase of buses and associated capital maintenance costs. The local match of twenty five percent (25%) will be satisfied with Florida Department of Transportation (FDOT) Toll Revenue Credits in the amount of $56,430. Recommendation Board acceptance of FTA Section 5309 grant FL 04-0093 in the amount of $225,720, approval of Budget Resolution 09-365 and the subgrant agreement with the transit provider, Council on Aging of St. Lucie, Inc.; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Grant Cover Sheet Budget Resolution Subgrant Agreement Memo #10-039 RESOLUTION NO. 09-365 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 Federal Transit Administration Grant in the amount of $225,720. 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 December, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 130106-4910-331421-400 APPROPRIATIONS 130106-4910-582015-400 Federal Transit Administration Council on Aging After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chair XXX Commissioner Doug Coward, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 22ND DAY OF DECEMBER 2009. ATTEST: $225,720 $225,720 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY 1r DOT FTA U.S. Department of Transportation _ Federal Transit Administration Application Recipient ID: 11024 Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Project ID: FL-04-0093-00 Budget Number. 1 - Budget Pending Approval Project Information: IPurchase Expansion Bus Part 1: Recipient Information Project Number: I FL-04-0093-00 Recipient ID: 11024 Recipient Name: [ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Address: Community Services 2300 Virginia Avenue, FT. PIERCE, FL 34982 0000 Telephone: 72) 462-1777 F(772) Facsimile: 462-1703 Union Information Recipient ID: 1024 i--- Union Name: — NONE Address 1: N/A Address 2: City: N/A, 00000 0000 Contact Name: N/A N/A Telephone: Facsimile: E-mail: Website: Part 2: Project Information Project Type: I Grant Project Cost: $225,720 1 SUBGRANT AGREEMENT THIS SUBGRANT AGREEMENT, made this day of , 2009, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns, hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a subgrant in a total amount not to exceed Two hundred six thousand seven hundred eighty two and 00/100 dollars ($206,782.00) pursuant to the FY 2009, 49 U.S.0 Section 5307 American Recovery and Reinvestment Act (ARRA) Grant Agreement (FTA Project Number FL-96-X025), between the United States Department of Transportation, Federal Transit Administration and the County, hereinafter referred to as the "Grant Agreement". The parties hereby acknowledge and agree that the total amount of the award to the County under the Grant Agreement is One million nine hundred fifty-seven thousand one hundred eighty-three and 00/100 dollars ($1,957,183.00), of which one million seven hundred fifty thousand four hundred one and 00/100 dollars ($1,750,401.00) shall be retained by the County for construction of an intermodal transit transfer facility to include a park and ride lot; purchase of a support vehicle; transit enhancements and administration of the grant. The Council shall use the allocated funding for the purchase of surveillance and security equipment; route signage; ADP hardware and software; and operating assistance. The Council shall submit requests for payment to the County in a form acceptable to the County and in accordance with the terms and conditions of this Agreement. 2. The subgrant shall be used only as set forth in this Agreement. The Recipient further agrees to comply with the terms and conditions of any Joint Participation Agreement between the County and the Florida Department of Transportation pursuant to which the County receives funding for the Project, including but not limited to audit and safety certification requirements. A County property record number shall be affixed to any equipment purchased with the subgrant funds at a cost of one thousand and 00/100 dollars ($1,000.00) or more. The Council agrees to coordinate with the County Purchasing Director in the purchase of any equipment pursuant to this Agreement. 3. The Council shall have internal controls adequate to safeguard the subgrant. 4. If the subgrant cannot be used or a subsequent audit reveals the subgrant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. In the alternative and subject to prior written approval of the County Budget and Management Director, the Council may submit qualifying paid invoices in lieu of a certified audit. In addition, the Council shall provide the County with a copy of the Council's annual audit for each fiscal year during which the Council expends funds received pursuant to this Agreement. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under this Agreement. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the subgrant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these subgrant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Council or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with all local, state and federal laws, rules and regulation, the terms of this Agreement. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 TO THE COUNCIL: WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Avenues, 3rd Floor Fort Pierce, Florida 34982 Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Blvd. Port St. Lucie, Florida 34984 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. 12. The Council 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 Florida Statutes 112.311 (2007) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said performance. The Council 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 Council'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 Council 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 Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in the notification and 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 Council under the terms of this Agreement. 13. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. 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. 14. 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. TP 15. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 16. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK ATTEST: SECRETARY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY COUNCIL ON AGING OF ST. LUCIE, INC. BY: PRESIDENT/CHIEF EXECUTIVE OFFICER (SEAL) 1 TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Community Services/Housing Division ITEM NO. VI-G3 DATE: 12/22/09 REGULAR PUBLIC HEARING ( ) LEG. ( j QUASWD CONSENT (X ) PRESENTED BY: Jessica Parrish Housing Ma ge Award of Housing Rehabilitation/Replacement Bids See attached memorandum. FUNDS AVAILABLE: 001184-6420-549605-600 CDBG DRI 2005 001113-6420-549605-600 CDBG Supplemental Disaster Recovery 001113-6420-549610-600 CDBG Supplemental Disaster Recovery PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award bids for one rehabilitation and two replacement housing projects under the Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Grants, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Comm. Lewis absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordinationislanstums County Attorney ( ) OMB Director Oki '1" Budget Analyst Dania S. McIntyre Originating Dept. ( ) Purchasing Beth Ryder Marie Gouin Sophia Holt ( ) Desiree Cimino Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Directo FROM: Jessica Parrish, Housing Manager DATE: December 22, 2009 SUBJECT: Award of Housing Rehabilitation/Replacement Bids ITEM NO. VI -G3 Back_ d: The Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Grant is a federal program that provides funding for low-income residents located in communities that have been impacted by a natural disaster. Congress appropriated additional funding for the CDBG program in the form of disaster recovery grants to assist with recovery. In order to decrease the potential for change orders the following procedure from the Housing Assistance Plan was utilized. A cost estimate was prepared by the consultant for each bid and bids falling 15 percent (15%) below or above the cost estimate were rejected. An Invitation for Bid (IFB) was advertised on September 27, 2009. On November 17, 2009, a mandatory project review with contractors was completed. Bids were evaluated on December 1, 2009 in compliance with the approved Housing Assistance Plan. Staff is recommending award of IFB 1, 2 and 5 to the following contractors: • IFB 1 (Replacement) to Terra Mar Construction, Inc. located in Port St. Lucie, for $86,501.50. • IFB 2 (Replacement) to NYC Construction Group, Inc. located in West Palm Beach, for $95,100. • IFB 5 (Rehabilitation) to RRR Construction Corp., located in Miami, for $24,133. The recommendation for IFB 3 and 4 has not been determined, and will be brought to the Board at a later date. All the bids incorporate green, energy efficient products, as deemed appropriate, such as: Energy Star appliances, solar hot water heaters, low flow faucets and Low-E impact. Recommendation Board approval to award bids for one rehabilitation and two replacement housing projects under the Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Grants, and authorization for the Chairman to sign documents as approved by the County Attorney. ti. a. le O o S S C. O O O 3 3913 n lit3 `r' 3 m 3 40 �; N N N N N e� N N N N N r ;t: Q ♦% O O `? O Q S S S S O S S S O S S O pp pp1p p QQIR N Y K 00 b a b n 'lot M Q Q OO N N G S p N r j o ao aO10 m m c" n w a 'e °� N ri ^ M N N N N N N M N N N N N S N M N N d W O p C S O O O O O S O O S O O O O S S C b S G ^ 400 O Q O O OI C O 01 O 00 p pp ` w t0 n N ao 3 a �Aq P. A � b S a n � � g O o O V g eN9 .r O N N N N N N N N N N N N N N O N cc N N go N 40 a` c O O O w a O ? 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( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Jessica Parrisl SUBMITTED BY: Community Services/Housing Division Housing M a SUBJECT: Amendment to the St. Lucie County Housing Assistance Pla BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 23, 2008 — Approval of the Housing Assistance Plan. RECOMMENDATION: Board approval of Resolution No. 09-364 to amend the St. Lucie County Housing Assistance Plan for the Community Development Block Grant Programs, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: () APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Lewis absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Slanatures County Attorney ( ) OMB Director ( ) 06-M Budget Analyst Dani I S. McIntyre Originating Dept. ( ) L'L Beth Ryder no fl"+' T Marie Gouin Sophia Holt Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director yon V FROM: Jessica Parrish, Housing Manager DATE: December 22, 2009 / SUBJECT: Amendment to the St. Lucie Cou`ny-Housing Assistance Plan ITEM NO. VI-G4 Backaround: On September 23, 2008, the Board adopted the Housing Assistance Plan (HAP). The revisions to the HAP will change the payment schedule to be consistent throughout the rehabilitation process. Staff is proposing to revise the payment schedule to the following: Construction Completion Payment Percentage of Schedule Funds Paid 20% 1 20% 40% 2 20% 60% 3 20% 80% 4 20% 100% 5 (retainage) 20% After Certificate of Occupancy is issued and all punch list items are 100% completed. The proposed changes are on page 13 of the attached HAP. Recommendation Board approval of Resolution No. 09-364 to amend the St. Lucie County Housing Assistance Plan for the Community Development Block Grant Programs, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Resolution 09-364 Housing Assistance Plan RESOLUTION NO.09-364 A RESOLUTION AMENDING THE ST. LUCIE COUNTY FISCAL YEAR 2008 HOUSING ASSISTANCE PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, recognizes the need to amend the FY 2008 Community Development Block Grant (CDBG) Housing Program which was adopted on September 23, 2008; and, WHEREAS, the Florida Department of Community Affairs, Community Development Block Grant (CDBG) Section, has confirmed that the proposed amendments comply with the CDBG Housing Program; WHEREAS, it is the intent of the County, to the greatest extent feasible, to provide as much flexibility as possible in the administration of their CDBG Housing Program so that improvements to the housing standards for the very low and low -to -moderate income residents of the County may be achieved through the use of CDBG and other County housing programs; NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA, as follows: 1. The Board hereby adopts "Amendment I to the St. Lucie County FY 2008 Local Housing Assistance Plan" for the CDBG Program, incorporated herein by reference. 2. The Board authorizes the County Administrator or her designee to coordinate the implementation of Amendment I. 3. All resolutions or parts of resolutions in conflict with this resolution are hereby repealed to the extent of such conflict. 4. This resolution shall become effective immediately upon adoption. After motion and second the vote on this resolution was as follows: Chairman Charles Grande XXX Vice Chairman Doug Coward XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 22nd day of December 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney 2 Community Development Block Grant Housing Assistance Plan for ST. LUCIE COUNTY St. Lucie County Page I Small Cities CDBG FFY 2008 Housing Assistance Plan I. II. A B C D IIII, IV. A B. V. A B. VI. A B. C. VII. A. B. C. D. E. F. G. H. VIII. A. B. C. D. IX. A. B. C. XI. AW. INTRODUCTION HOUSING REHABILITATION OBJECTIVES AND POLICIES . Objectives Rehabilitation Policies Identification of Units Removal of Units from Program CONFLICT OF INTEREST HOUSING REHABILITA TION FINANCING Deferred Payment Loans (DPL) Scope of Rehabilitation Assistance QUALIFICATIONS General Household Income SIR UCTURAL REQUIREMENTS General Structural Integrity Cost Feasibility PROCEDURES Application and Inspection Bidding Contracting and Rehabilitation Inspections Change Orders Payment Disputes and Contract Termination Follow -Up CLEARANCE/PERMANENT RELOCATION/DEMOLITION RELOCATION General Clearance Permanent Relocation/Demolition Relocation Differences CONTRACTOR LISTING Recruiting Contractor Eligibility Disqualification APPEALS/COMPLAINTS PROGRAM INCOME St. Lucie County Page 2 Small Cities CDBG FFY 2008 Housing Assistance Plan _3 _3 3 4 4 _5 _5 _6 _6 _7 _8 _8 _8 _9 _9 _9 10 10 10 11 12 12 12 13 14 15 15 15 15 15 16 16 17 17 18 19 20 INTRODUCTION This manual is a guide for operating the housing rehabilitation related aspects of the St. Lucie County Community Development Block Grant (CDBG) program. The responsibilities of St. Lucie County, the homeowner, and construction contractor are specifically addressed in this manual. The major focus of this manual is on housing rehabilitation, and replacement of dwellings. Relocation of households is also covered to a limited extent. The Anti -displacement Policy should be consulted if displacement or permanent relocation becomes necessary. The goal for the CDBG program is to rehabilitate substandard units located in St. Lucie County and to bring them up to a minimum acceptable living standard. This standard is the HUD Section 8 Minimum Housing Quality Standard and the Florida Building Code. This goal will be achieved through the use of CDBG funds to contract for the required rehabilitation construction. The rehabilitation units to be assisted shall be owner -occupied. II. HOUSING REHABILITATION OBJECTIVES AND POLICIES A. Objectives The objectives of the St. Lucie County Housing Rehabilitation Program are: 1. To encourage the revitalization of very low to low -to -moderate income neighborhoods through a Housing Rehabilitation Deferred Payment Loan (DPL) Program. 2. To remove unhealthy or hazardous conditions in low -to -moderate income households. 3. To use Community Development Block Grant rehabilitation grant funds as a catalyst to encourage residents of low -to -moderate income neighborhoods to improve their community. 4. To preserve existing housing stock and to replace substandard housing. 5. To enable low -to -moderate income families to rehabilitate their homes by providing financial and technical assistance to those unable to obtain private financing. 6. To reduce utility costs and to improve the comfort of very low to low -to -moderate income families through weatherization aspects of rehabilitation. 7. To improve the property tax base in low -to -moderate income neighborhoods. 8. To increase employment and training opportunities for local, residents and minority persons through the provision of funds for the rehabilitation of homes. 9. To make homes accessible to elderly/handicapped occupants as may be required by code, accessibility requirements, and as good judgment may dictate. 10. To minimize impact of program participation on recipients and to limit direct costs encountered because of program participation. St. Lucie County Page 3 Small Cities CDBG FFY 2008 Housing Assistance Plan B. Rehabilitation Policies It is the policy of the St. Lucie County Rehabilitation Program to: 1. Assure that the program is administered in strict conformance with the community development and rehabilitation rules and all applicable local, state and federal requirements (including equal opportunity, conflict of interest, etc.) 2. Treat all participating property owners, residents, and contractors fairly, with sensitivity and respect for their needs, and in accordance with program rules. 3. Provide all program participants any reasonable assistance necessary to carry out the objectives of the program, bearing in mind: 1) that property owners hold the primary responsibility for maintaining their property and personal finances; 2) that contractors are primarily responsible for the quality of their work and their obligations to suppliers, creditors, subcontractors, and employees; and 3) that any assistance provided must be authorized at the proper level. 4. Assure that no member of the Congress of the United States, the Citizen Advisory Task Force, or the St. Lucie County Board of County Commissioners shall share in proceeds or benefits of CDBG funded rehabilitation work. 5. Allow some flexibility in administering the program in order to meet the program's goals and objectives of rehabilitating each addressed dwelling to attain HUD Section 8 Minimum Housing Quality Standards and the Florida Building Code. The St. Lucie County Board of County Commissioners may waive program rules only when the result will be consistent with established goals and objectives and applicable federal, state, or local regulations. 6. Housing rehabilitation will be the first priority, with housing replacement units being addressed when program funds are available. C. Identification of Units Housing Rehabilitation will take place only on units approved by St. Lucie County and in accordance with grant requirements established by the State of Florida. Alternate units may be provided to replace any primary units that may become ineligible. St. Lucie County will solicit applications either from other housing assistance providers that have knowledge of need within St. Lucie County, by placing notices in public areas throughout St. Lucie County and/or by advertising in publicly circulated publications. St. Lucie County will review applications received using the following selection criteria: 1. A former recipient cannot be assisted for ten -years and, in any event, will not be served again until all other eligible recipients have received assistance. 2. Number of persons in the family and the family income. 3. Type of construction (i.e., block, manufactured home, wood frame, etc.), state of deterioration of the residence, and estimated cost to rehabilitate as compared to 1) average residence cost calculated in the application and 2) the value of the residence after rehabilitation. St. Lucie County Page 4 Small Cities CDBG FFY 2008 Housing Assistance Plan 4. Location of the residence with reference to defined areas, i.e., floodplain, zoning, incompatible use, etc. 5. Compatibility (consistency) of the proposed residence rehabilitation with the local comprehensive plan and/or land development regulations. 6. Recipient current on payments to the local government and mortgage/lien holders. 7. Recipients' willingness to maintain reasonable standard of care and maintenance to protect and enhance the investment by meeting local nuisance, trash, and other environmental or health codes. 8. Recipient must have clear title to the property. 9. The applicant shall indicate on the application form whether to his/her knowledge the structure is older than 50 years old. If he/she answers yes or if other evidence suggests the structure is more than 50 years old, St. Lucie County must notify the State Bureau of Historic Preservation and receive written approval for the rehabilitation. Property appraiser, tax records, or other government agencies records will be researched to verify the age of the structure. 11. This program will not assist in the rehabilitation or replacement of rental housing structures. D. Approval of Ranking, and Removal of Units from the Program Housing staff shall review and rank the applications based on the criteria attached as Appendix A. This ranking shall be reviewed and approved by the Citizen Advisory Task Force, and their recommendation to the local governing body for their approval. The application process will have a noticed cut off date for the receipt of applications. Applications received after that date shall be considered on a first come, first served basis after the primary list of applicants has been considered. Housing staff may remove a housing unit from the program for a change in household income, approved selection criteria, or for not complying with the minimum qualification procedures. If it is determined that it is necessary to remove an applicant from the program, a certified letter will be sent to the applicant stating the reasons for the removal. The applicant will have the right to appeal the decision as identified in the Citizen Participation Plan. III. CONFLICT OF INTEREST Although addressed in other places in this Policy, adherence to rules and regulations on this matter is mandatory. All applicants that may have a business or familial relationship with a member of the St. Lucie County Board of County Commissioners (BOCC), Citizen Advisory Task Force (CATF) Committee, Community Services Department, or participating construction contractors must fully disclose this relationship on the Application and definitely before a construction contract is executed. In addition, all beneficiary names must be disclosed at the regular meetings of the St. Lucie County BOCC and the CATF as selection of beneficiaries occur, and these names must be included in the minutes of both the BOCC and the CATF meetings. The St. Lucie County BOCC and CATF members must disclose any relationship with St. Lucie County Page 5 Small Cities CDBG FFY 2008 Housing Assistance Plan an applicant and must abstain from any vote related to that applicant. As soon as a final ranking of the applications is made, that ranking and any cases of conflict of interest must be made known at a meeting of the St. Lucie County Board of County Commissioners. Before an applicant with a potential or real conflict is given final approval for participation, St. Lucie County must notify the Department of Community Affairs (DCA) in writing. Prior to any rehabilitation, St. Lucie County must receive written notification of DCA's approval of the application, in accordance with 24 C.F.R. Section 570.489. If this process is not followed the local government and/or the applicant may be liable for returning the funds to the program. IV. HOUSING REHABILITATION FINANCING The Housing Rehabilitation Program provides financing to homeowners in the form of 100% Deferred Payment Loans, the amount of which shall include the accepted bid amount plus a contingency reserve. A. Deferred Payment Loans (DPL) Deferred Payment Loans are conditional grants, and are provided to homeowners who are unable or unlikely to obtain conventional financing due to their income limits. The Deferred Payment Loan (DPL) involves a security instrument (lien) requiring repayment of the loan only if the homeowner sells or transfers ownership of the rehabilitated home, ceases to use it as his/her primary residence within ten years of the date of the DPL, or fails to maintain reasonable required standards of care and maintenance. During the ten-year period, the principal is "forgiven" or subtracted from the principal balance in equal monthly amounts, so that at the end of the tenth year of owner occupancy (by at least one of the recipients if owned jointly), the loan is fully amortized. There is no interest charged during the ten years. In the event that the sole owner dies or both/all owners die within the ten-year loan period, repayment of the loan will not be required. If repayment of a DPL becomes due, the prorated principal balance will be due in full within thirty (30) days of the sale/transfer of ownership or the owner's cessation of primary residence at the property. If the owner is unable to make such payment, the St. Lucie County BOCC may, at their discretion, allow repayment of the DPL over a term not to exceed ten (10) years, at a yield of not more that six percent (6%) interest per annum. Homeowners whose household incomes do not exceed the HUD Section 8 low -to -moderate income limit will receive a Deferred Payment Loan for 100% of the cost of rehabilitation paid from CDBG funds. The maximum DPL for an owner -occupied single family dwelling is $85,000 unless approved by the St. Lucie BOCC. If rehabilitation costs require more than $85,000 and the owner is unable to finance the additional cost or the St. Lucie BOCC does not approve a increase for the maximum dollar St. Lucie County Page 6 Small Cities CDBG FFY 2008 Housing Assistance Plan amount allowable then the dwelling unit may be disqualified unless alternative funding is available. Grant application scoring indicates an average rehabilitation amount that is to be attained. Very high costs frequently adversely impact other units planned for rehabilitation. Therefore, the ability to maintain the necessary average must enter into the decision process. As a general policy, a contingency amount of about 5% should be placed on reserve for change orders. Exceptions may be made to this rule if the owner provides a firm commitment to pay for all required changes exceeding the authorized loan limit or if the Administrator determines that the situation does not require a contingency fund. B. Scope of Rehabilitation Assistance CDBG financing of housing rehabilitation is available for the following purposes: 1. correcting local housing code (Florida Building Code) and Section 8 standard violations; 2. providing cost effective energy conservation features; 3. provide reasonable repairs and modifications to make the dwelling accessible to handicapped and elderly occupants as necessary and technically feasible; and 4. correcting health and/or safety violations that may be present, including replacement of dilapidated or malfunctioning stoves or refrigerators and interim controls or abatement of lead -based paint hazards; New construction (adding a room or closing in a carport, etc.) is eligible for rehabilitation financing only to eliminate over -crowding or to provide bathroom or laundry hook ups. General property improvements are eligible for program funds when necessary to obtain an accurate level of utility, to decrease high maintenance costs, or the elimination of blight. Examples of eligible general property improvements include installation of cabinets and linen closets, functional changes in room layout, replacement of unapproved or damaged floor covering, and enclosure of a porch for use as a bathroom where the dwelling does not have adequate interior space. Some general property improvements may be provided at the owner's expense. Other additional improvements, above those required to achieve minimum standards, are optional and at owner expense. The cost for any such improvements shall be borne totally by the owner who must deposit the funds with the local government before the improvements begin if the improvements are to be a part of the rehabilitation contract. General property improvements that are paid for by the property owner must be included in the Contract for Rehabilitation that is developed and administered by the Housing Rehabilitation Program. However, ineligible new construction must be contracted separately. The property owner must also deposit the necessary funds to cover the additional improvements into the local government's program account. This must be done prior to construction. Otherwise, the addition items will not be included in the construction. Furthermore, any construction not covered in the construction contract will be inspected by the local Building Inspector but will not be inspected by Housing staff. St. Lucie County Page 7 Small Cities CDBG FFY 2008 Housing Assistance Plan V. QUALIFICATIONS A. General In order for a homeowner to be eligible for rehabilitation assistance, the following criteria must be met: 1. Total Household income must not exceed the low -to -moderate limits set for the HUD Section 8 program at the time assistance is provided. 2. The owner must possess and provide clear title to the property. Although, it may be jointly owned, and the property may be mortgaged. Ownership through life estate, heir property, or other legal satisfactorily documented ownership is considered satisfactory for program participation. Providing proof of title is an owner responsibility and expense. 3. Property tax, mortgage payments, and utility bills must be current; and ownership must not be jeopardized by any other threat of foreclosure, default or clouded title. 4. The property must be fully insured for flood insurance if the home is in the 100-year flood plain. Flood insurance must remain in effect for the entire period of the Deferred Payment Loan Agreement. Any unit to be addressed with rehabilitation funds must be elevated to at least 1' above base flood elevation (or to local code) whichever is greater. 5. All applicants that may have a business or familial relationship with a member of the St. Lucie County BOCC, the CATF, Community Services Department, and participating construction contractors must fully disclose this relationship at the time of the application, at the point in time in which the conflict occurs, and definitely before a construction contract is executed. 6. If a boundary survey is required, the owner is responsible for providing necessary proof or documentation at the owner's expense. 7. Residents and owners of rental property are not eligible to participate in the program. B. Household Income The following rules are applicable in determining household income: 1. The gross income of all household members occupying the dwelling is included in calculating household income. However, wages earned by dependent minor children (under 18) are not included in total. 2. Rent or other household support contributed by non -household occupants of a dwelling is included in household income. 3. The owner' s assets, with the exception of the home in which he/she resides and personal property such as an automobile, will be considered in determining eligibility. The actual annual income from the asset will be calculated as part of the total household income. Inclusion of such assets, if any, will be in strict accordance with 24 CFR 813.106 and any current modification thereof. St. Lucie County Page 8 Small Cities CDBG FFY 2008 Housing Assistance Plan VI. STRUCTURAL REQUIREMENTS A. General In addition to owner eligibility requirements for participation in the Housing Rehabilitation Program, the dwelling must be: must: 1. below Section 8 Minimum Housing Quality Standards; and 2. feasible for rehabilitation. In order for a house to be considered feasible for rehabilitation, proposed construction a) correct all violations of the local housing code and Section 8 standards; b) provide interim controls or abatement for lead -based paint hazards as required by HUD and EPA for structures constructed prior to 1978 that will be assisted by the program. All houses built prior to 1978 will be tested for lead based paint. If lead based paint is found, interim control procedures will be used for all houses rehabilitated at or below $25,000. Houses above $25,000 will be rehabilitated using abatement procedures. The occupants will be notified of the hazards of lead -based paint, the symptoms and treatment of lead poisoning, how to avoid poisoning, lead level screening requirements, and appropriate abatement procedures; c) meet applicable local zoning requirements, as well as local, state, and federal housing code requirements for rehabilitation work; d) leave at least 20% of the original structure based upon the formula provided in this plan; e) not exceed the program costs noted in this plan; f) be made reasonably accessible to handicapped/elderly occupants, when the unit is occupied by such; and g) substantial improvement of any residential building located within the 100 year flood plain shall have the lowest floor including basement elevated no lower than (1) foot above the base flood elevation (or per local code). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided. B. Structural Integrity Rehabilitation requires that at least 20% of the original structure remain after construction, based upon the following formula. Three (3) major components of the house are considered, with each component weighted to total 100% of the structural value of the house. These components and ratios are: roof - 20%, exterior walls - 60%, and flooring system - 20%. St. Lucie County Page 9 Small Cities CDBG FFY 2008 Housing Assistance Plan As an illustration, if 50% of the roof must be replaced, 50% of the walls must be replaced, and 25% of the flooring system (including framing) must be replaced, the factors are then ratioed based on the 20/60/20 formula, so that 50% replacement of the roof is equal to replacing 10% of the structure, 50% replacement of the exterior walls equals 30% replacement of the structure, and 25% replacement of the flooring system equals 5% replacement of the structure. Thus, replacement equals 10%, plus 30%, plus 5%, or a total of 45% of the structure. This leaves 55 % of the original structure, indicating that the structure is feasible for rehabilitation. This calculation will be performed by Housing staff. Should significant deterioration occur between application and time the unit is scheduled for rehabilitation, the unit will be re-evaluated for continued eligibility and a decision made by Housing staff whether to replace it with an alternate unit or to request a change in type of rehabilitation (demolition, permanent relocation, etc.) in accordance with current DCA contract requirements. C. Cost Feasibility As an additional means of guarding against program penalties for substantial reconstruction of a dwelling, the following cost limits are applicable to all rehabilitation areas. These limits are above the allowable CDBG financing limits and assume requirements for owner contributions or leveraging. The limits may be exceeded for rehabilitation costs when alternative funds are available for leveraging but must be specifically approved by the St. Lucie County BOCC as exceeding the described limits. $85,000 per single family detached house In addition, the cost of rehabilitation and improvements may not exceed the after -rehabilitation value of the dwelling. In the absence of conflicting information, the mobile home CDBG cost limits shall be assumed to meet this requirement. For site -built dwellings, the total cost of rehabilitation (plus other improvements, if any) may not exceed $40 per square foot of dwelling space, excluding septic tank, well, or water/sewer hook-ups, which is less than the cost of new construction and will be assumed to meet the cost/value limit. VII. PROCEDURES A. Application and Inspection Each property owner who applies for rehabilitation assistance is initially screened to determine whether he/she is eligible for a 100% Deferred Payment Loan. A preliminary inspection is then conducted to determine feasibility of rehabilitation. If either the owner or the structure does not meet eligibility requirements for program participation, Housing staff will reject the application. A written rejection notification will be St. Lucie County Page 10 Small Cities CDBG IFFY 2008 Housing Assistance Plan sent to the owner via certified mail and the local government designated representative within ten (10) days stating the reason for rejection. If both the owner and the house appear to be eligible for program participation, the application/verification process continues. A work write-up with cost estimate is developed by Housing staff and approved by the property owner. The cost estimate for the job is considered confidential information until bid opening. If special financing arrangements (such as the owner covering excessive costs or general property improvements) are required or anticipated, arrangements must be made prior to bidding to prevent soliciting bids on a case that cannot be financed. When the case receives preliminary approvals, bids are solicited for the job. B. Bidding Bidding of potential cases is conducted by the Purchasing Division in accordance with St. Lucie County Purchasing Manual. No housing unit owner or occupant, or employee or immediate relative of the same, either personally or corporately, shall serve as a contractor or sub -contractor to be paid with CDBG funds for the rehabilitation of said building nor shall they be paid for their own labor with CDBG funds for the rehabilitation of said building. Newspaper advertising for individual jobs will be conducted. Each contractor must attend a pre -bid conference held at the house to be rehabilitated or inspect the house under the owner's supervision. Failure to do so will result in automatic rejection of his/her bid(s) for the house(s). Sealed bids will be opened at a public bid opening. Housing staff will generally recommend that the contract be awarded to the lowest responsible bidder within plus or minus fifteen percent (15%) of the cost estimate. St. Lucie County reserves the right to reject any and all bids and to award in the best interest of the owner and St. Lucie County. No contractor will be allowed to have more than two (2) jobs under construction at one time without consent of the local government designated representative unless: 1) the anticipated date of commencement is after the scheduled and estimated date of completion of current jobs; or 2) the contractor has demonstrated, through past performance, his/her ability to satisfactorily complete multiple contracts in a timely manner thereby causing no impact on project and program completions. This rule may be waived by the St. Lucie County BOCC if it is determined that there is an inadequate pool of qualified bidders, if the other bids are excessive, or if other extenuating circumstances arise. St. Lucie County Page 11 Small Cities CDBG FFY 2008 Housing Assistance Plan C. Contracting and Rehabilitation Housing staff presents each case to the St. Lucie County designated representative before the DPL and contact are signed. The DPL amount, contract amount, contractor, and owner eligibility are all approved by the designated representative. The rehabilitation contract is executed between the homeowner and the contractor when the rehabilitation DPL is closed, with the three (3) day rescission period running simultaneously for both legal agreements. Rehabilitation Agreements (for DPL's) are executed by the designated representative authorized to act on behalf of the St. Lucie County Board of County Commissioners. The DPL and the Notice of Commencement are recorded immediately. The program pays for recording of the Agreement. The filing of the Notice of Commencement shall be the responsibility of the Contractor. The Notice to Proceed is issued to the contractor as soon as possible after the rescission period elapses. When temporary relocation of the occupants is required, the Notice to Proceed will be delayed until the house is vacated. The contract time of performance (generally 30 - 45 days) begins with issuance of the Notice to Proceed. D. Inspections Periodic inspections of the rehabilitation construction are performed by St. Lucie County throughout the contract period. These inspections are conducted to assure compliance with the contract standards for workmanship and materials, to detect any unauthorized deviations and to identify necessary changes to the contract work in its early stages. Inspection and approval of completed work must be conducted by Housing staff and the rehabilitation Specialist prior to the contractor's receiving partial or final payment. The owner's acceptance of the work is also required before payment is received. E. Change Orders Any additions to, deletions from, or changes in the rehabilitation contract work, time, or price must be approved in a written change order before the additional work is started. The change order is executed by the owner and contractor and is approved by the Program Administrator and the designated representative. Change orders may be issued to correct code deficiencies or to obtain any other desired change in the work. CDBG funds can only be for change orders that correct code violations as documented by the local building official, a bonafide code violation report, or to meet Section 8 housing quality standards found after construction begins. Other changes will be at the owner's expense. St. Lucie County Page 12 Small Cities CDBG IFFY 2008 Housing Assistance Plan F: Payment - .... _Contracts of $10 000 or less will not be paid until the contractor has completed the job. Contracts in excess of $10 000 allow a partial payment upon satisfactory completion of 20%, 40% 60% and 80% of the work with a retainage of 20% of the total contract amount paid upon acceptance by the Building Official homeowner and the St. Lucie Housing Staff. G * *iefi Per -etpt Of T K1 Y 0 Less than 66 0- 0 0 0 Qnoi 1 nnoi 0 are issued and a",dneh list item Construction Completion Payment Percentage of Schedule Funds Paid 20% 1 20% 40% 2 20% 60% 3 20% 80% 4 20% 100% 5 (retainag" 20% After Certificate of Occupancy is issued and all punch list items are 100% completed. Approval of a partial payment requires: a determination by Housing staff and the designated representative that the claimed percentage of completion of the work has been satisfactorily completed. Payment will be issued for the amount claimed depending on the physical progress as long as the contract funds remaining are sufficient to complete the work in the event of default by the contractor; approval of the work by the owner; and St. Lucie County Page 13 Small Cities CDBG FFY 2008 Housing Assistance Plan an affidavit from the contractor stating that either: (a) there are no claims for unpaid goods and/or services connected with the job and all laborers, suppliers and subcontractors have received just compensation for their goods and services up to the date of the request (as evidenced by full or partial waiver of lien from subcontractors); or (b) a list of all unpaid parties and the amounts owed to each has been submitted with the request. The final payment approval requires: 1. acceptance of all work by the property owner, and Housing staff; 2. submission of all manufacturers' and other warranties (i.e., appliances, roofing, extermination, contractor's warranty coveting the entire job for one year, etc.); 3. waivers of liens from all subcontractors, all parties who were not paid when the contractor received partial payment, and from any other party supplying notice; 4. a certificate of occupancy or final approval from the Building Inspector to show compliance of the rehabilitation work with the locally adopted building (and other applicable) code requirements; 5. completion of all punch list items; and 6. an affidavit from the contractor stating that all bills have been paid and there are no claims for subcontracted jobs or materials, or any outstanding Notice to Owner. If the owner refuses to authorize payment due to a dispute with the contractor, the Program Administrator may recommend disbursement without the owner's approval if the claim is shown to be without merit or inconsistent with policies and the goal of the program. Such disbursement shall be issued only after the Program Administrator has reviewed the facts and circumstances involved in the dispute and has determined that the owner's refusal to issue payment is without just cause. A record of all pertinent information shall be presented to the Citizen Advisory Task Force for their review in accordance with the Complaint Procedures set forth in St. Lucie County's policies and procedures. The St. Lucie County Commission has the authority to uphold, rescind or reverse a previous CATF determination. An appeal of the local determination/decision made by the St. Lucie County BOCC should be filed with the Department of Community Affairs, as set forth in the St. Lucie County policies and procedures. Sufficient documentation to this effect shall be placed in the case file. G. Disputes and Contract Termination Disputes, the owner's right to stop work, and termination of the contract by the owner or contractor shall be as authorized in the Contract for Rehabilitation. St. Lucie County Page 14 Small Cities CDBG FFY 2008 Housing Assistance Plan H. Follow -Up After completion of the contract, it is the owner's responsibility to notify the contractor in writing of any defect in the work or material. The owner is also requested to notify the Housing Rehabilitation Specialist or the Program Administrator of any complaints to the contractor so assistance in follow-up can be provided. If the contractor does not respond to the owner's written complaint within a reasonable time frame and in a satisfactory manner, the Administrator will verify the complaint. If the Program Administrator judges the complaint to be valid, he/she will send written request for warranty service to the contractor and a copy to the designated representative. The contractor will then take action as monitored by the owner and the Housing Rehabilitation Specialist. Upon receiving notice from the owner that the complaint has been satisfied, the Housing Rehabilitation Specialist will inspect the work and make such note in the case file. Failure to resolve complaints shall be justification for removing a contractor from participation with the program. VIII. CLEARANCE/PERMANENT RELOCATION/DEMOLITION RELOCATION A. General Permanent Relocation and/or Demolition Relocation are synonymous terms used in the rehabilitation program when a home is unsound and not suitable for rehabilitation based on the structural integrity criteria. Homeowner eligibility requirements are the same as for rehabilitation. Further policies are included in the local Anti -displacement and Relocation Policy. B. Clearance Requirements are identified by the Housing Rehabilitation Specialist and are included in the replacement unit bid package. In this way, the same contractor is responsible for site cleanup and preparation as for provision of the replacement unit. Disposal of debris and associated activities are also included if this method is utilized. When demolition or clearance is conducted separately, bid packages are prepared with procedures following those identified for rehabilitation in this manual. C. Permanent Relocation/Demolition Relocation This activity involves replacement of an eligible owner occupied unit that is beyond economic repair. The St. Lucie County BOCC will decide with the Housing Rehabilitation Specialist on a case -by -case basis whether to utilize a slab "site built" replacement unit, a prefabricated unit, or a modular home. Decision items will include budget, zoning, replacement requirements, cost estimates, and a number of other items that may vary case -by -case. St. Lucie County Page 15 Small Cities CDBG FFY 2008 Housing Assistance Plan Once the decision is made, the Housing Rehabilitation Specialist prepares bid specifications based on owner input from review of available plans from the contractors. Bidding contracting and inspections then proceed as in the rehabilitation process. D. Differences L No partial payment is provided for modular replacement units, as the time frame to complete the transaction is relatively brief. The contractor is paid in full upon satisfactory completion of work and providing of warranties. Partial payments are utilized for site built homes along the same lines as for rehabilitation work. 2. Program disbursements are made from the local CDBG operating account. As a result, attention must be paid to the ordering and receipt of funds, to ensure that disbursements are made in a timely manner and that the federal three-day rule is not violated. 3. Cost feasibility limits are based on number of bedrooms to be provided for site built homes. These limits that may not be exceeded without approval from the St. Lucie County Board of County Commissioners are: (a) four or more bedrooms - $85,000 (b) three bedrooms - $80,500 (c) two bedrooms - $72,500 In the case of replacement of existing mobile/manufactured homes, the limit will be based upon the acceptable bid price of a replacement home of comparable size. If the existing home is inadequately sized, the replacement home will be sized to include the appropriate bedrooms needed to meet Section 8 and/or local housing code requirements for occupancy. In no case will the total assistance be greater than those limits listed above. Necessary site improvements, including water supply, sewage disposal, and clearance, will also be provided along with the actual dwelling replacement. Budgetary and scoring constraints, as well as priorities for assisting other households, may dictate that some homeowners will be offered less than the maximum amounts shown hereto, even if their demolition and replacement housing costs are above the offered amount. In these cases, homeowners must provide non-CDBG funds from other sources, or they may decline the offer and withdraw from the program. If the offer is declined, no CDBG funded demolition will occur. IX. CONTRACTOR LISTING The Housing Rehabilitation Program will establish and maintain a current listing of eligible contractors for bidding on all phases of the program. Only those contractors who are so St. Lucie County Page 16 Small Cities CDBG IFFY 2008 Housing Assistance Plan listed will be considered for work on this program. Establishment of this list will include maximum effort to utilize local and minority contractors. A. Recruiting Contractors residing or maintaining offices in the local area will be recruited through public notice to all such contractors, as part of the local government's compliance with Federal Section 3 requirements. This special effort will be based upon the list of contractors licensed in the jurisdiction including residential, building and general contractors. Letters sent to contractors, or advertisements placed soliciting them, will be placed in the appropriate program file. The contractor listing will include all local contractors who apply and are determined eligible based upon program qualification standards. If the pool of local contractors is inadequate to provide a sufficient pool of contractors willing and qualified to perform the rehabilitation work at prices that are considered reasonable and comparable to the prepared estimate, other contractors will be solicited. Maintenance of a pool of competitive, qualified, and capable contractors is essential to program completion. The existing purchasing policy of St. Lucie County will be used to determine eligibility of the contractors. B. Contractor Eligibility In order to participate in the Housing Rehabilitation Program, a contractor must be certified as eligible by the Administrator of Housing Rehabilitation and by the Florida Department of Community Affairs. Basic contractor qualifications include: 1. Current license(s) with the appropriate jurisdiction; 2. A satisfactory record regarding complaints filed against the contractor at the state, federal or local level; 3. Insurance meeting Type "A" requirements as established by the St. Lucie County Risk Management division including: Contractor's Public Liability Insurance in an amount not less than $1,000,000 aggregate coverage. A certificate evidencing Worker's Compensation insurance in statutory limits in accordance with Florida law. A certificate evidencing Auto Insurance including bodily injury in an amount not less than $1,000,000 per accident and in the aggregate. A certificate evidencing General Liability insurance covering bodily injury,_including death and property damage, in an amount not less than $1,000,000 combined single St. Lucie County Page 17 Small Cities CDBG FFY 2008 Housing Assistance Plan limit per occurrence. Copies of certificates shall be provided to the County. The Contractor shall provide the County with a certificate of insurance from the insurer guaranteeing ten (10) day notice to the Housing Rehabilitation Program before discontinuing coverage. 4. A satisfactory credit record, including: (a) references from two (2) suppliers who have done business with the contractor involving credit purchases; and (b) references from three (3) subcontractors who have subcontracted with the contractor; and (c) the ability to finance rehabilitation contract work so all bills are paid before requesting final payment; 5. Satisfactory references from at least three (3) parties for whom the contractor has done construction; 6. Absence from any list of debarred contractors issued by the Federal or State DOL, HUD or DCA.. The Housing Rehabilitation Specialist will assure that current and past performance of the contractor are satisfactory based upon readily available information and reserves the right to check any reliable source in establishing such determination. The Housing Rehabilitation Specialist will explain the contractor's obligations under Federal Equal Opportunity regulations and other contractual obligations at the pre -bid conference. Program procedures, such as bidding and payment, are also explained to the contractor. C. Disqualification Contractors may be prohibited or removed from program participation for: 1. poor workmanship or use of inferior materials; 2. evidence of bidding irregularities such as low balling, bid rigging, collusion, kickbacks, and any other unethical practice; 3. failure to abide by the work write-up, failure to complete work write-up (and bid) accomplishments, and any attempts to avoid specific tasks in attempts to reduce costs; St. Lucie County Page 18 Small Cities CDBG IFFY 2008 Housing Assistance Plan 4. failure to pay creditors, suppliers, laborers or subcontractors promptly and completely and by falsely submitting Lien waivers for to unpaid parties. 5. disregarding contractual obligations or program procedures; 6. loss of license(s), insurance or bonding; lack of reasonable cooperation with owners, rehabilitation staff or the others involved in the work; 8. abandonment of a job; 9. failure to complete work in a timely manner; 10. inability or failure to direct the work in a competent and independent manner; 11. failure to honor warranties; 12. ineligibility to enter into federally or state assisted contracts as determined by the U.S. Secretary of Labor, HUD or DCA; 13. other just cause that would expose the Program or owner to unacceptable risk; 14. failure to respond to consecutive requests for bids; or 15. at the contractor's request. X. RELOCATION/DISPLACEMENT The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 does not apply to displacement under the St. Lucie County Community Development Program since St. Lucie County does not acquire the vacated (demolished or rehabilitated) property and residents participate voluntarily. Therefore, relocation services will be provided in the St. Lucie County Anti -Displacement and Relocation Policy which covers specific situations in great detail. Household/property owners previously approved for proposed housing assistance may voluntarily withdraw their application for assistance, which must be confirmed in writing. If the Administrator determines the applicant to be ineligible for assistance, the Administrator shall send written notification to the applicant, stating that the application has been rejected and the reason for the rejection. XI. APPEALS/COMPLAINTS St. Lucie County Page 19 Small Cities CDBG FFY 2008 Housing Assistance Plan The Housing Rehabilitation Specialist, the designated representative and the Program Administrator are authorized by St. Lucie County to make all determinations of eligibility for assistance and level of assistance, scheduling of rehabilitation, demolition and relocation, and contract management. Citizens and/or contractors should issue complaints to the Housing Rehabilitation Specialist or the Program Administrator. For a complaint to be considered valid, it must be issued in writing within a period of 45 days of its occurrence. Responses also should be issued in writing. If the complainant is not satisfied with the Program Administrator's response, the issue must be presented in writing to the County Manager or his designee in accordance with the Complaint Procedures set forth in St. Lucie County's CDBG Complaint and Grievance Procedures. If the complaint cannot be resolved by the County Manager or his designee, he or his designee will notify the Chair of the Community Advisory Task Force who will make a recommendation to the County Manager's office within 10 days. Any appeals will made according to the St. Lucie County CDBG Complaint and Grievance Procedures. Further appeals, if necessary, must be addressed to the Florida Department of Community Affairs. XII. PROGRAM INCOME No program income is planned to result from this program. Deferred Payment Loans will be monitored by the Housing Rehabilitation Specialist during the CDBG period of agreement. After the expiration of the agreement between St. Lucie County and the State, the monitoring will be performed by the designated representative. If repayment of a DPL or program income is received during the CDBG agreement period, it will be used for additional rehabilitation as authorized by the Department of Community Affairs. Program income or DPL payment received subsequent to closeout will be returned to the Department of Community Affairs unless the state's program income regulations are changed. XIII. PROPERTY ACQUISITION POLICY A. Voluntary St. Lucie County may purchase property with Community Development Block Grant funds for use in the Community Development Program. While most property acquisition must follow the procedures outlined in the Uniform Relocation and Real Property Acquisition Act, residential property to be used for relocation purposes shall be purchased on a voluntary basis. The City shall determine the property features needed and the budget available for the purchase defined in the contract agreement. A request for proposals will then be published in a local newspaper. The request will state the specifications and budget and indicate that the purchase is voluntary. St. Lucie County Page 20 Small Cities CDBG FFY 2008 Housing Assistance Plan No displacement of renters may occur as a result of the program. Owners will not receive any relocation assistance, so owner -occupants must waive the Uniform Act Rights. A voluntary acquisition occurs when real property is acquired from an owner who has submitted a proposal to the recipient for purchase of their property in response to a public invitation or solicitation of offers. The St. Lucie County BOCC is committed to this mode of acquisition to the maximum practicable extent. Voluntary acquisition shall be permitted only if the property being acquired is not site specific and at least two properties in the community meet the criteria established by the local government for usage, location, and/or interest to be acquired. The St. Lucie County BOCC, prior to publication of a public notice or attendance of any local government representative at a property auction, must approve all voluntary acquisitions in principle. must: A public notice must be published inviting offers from property owners. This notice 1. accurately describe the type, size and approximate location of the property it wishes to acquire; 2. describe the purpose of the purchase; 3. specify all terms and conditions of sale, including maximum price; 4. indicate whether or not an owner -occupant must waive relocation benefits as a condition of sale; 5. announce a time and place for offers to be accepted; and 6. announce that local powers of condemnation shall not be invoked to acquire any property offered for which a mutually agreed to sale price cannot be reached. Property may also be acquired at auction. The Uniform Relocation Act does not apply to voluntary acquisitions. In each voluntary acquisition, a public solicitation shall occur. Offers shall be sealed and opened at the same time, in the same place, by a responsible official. Records of offers shall be kept. Appraisals are not required for purchases less than $2,500 if a mutually agreed to sales price can be reached. Clear title must be present in every transaction. The St. Lucie County BOCC must decide at the time of approving the acquisition whether or not appraisals and review appraisals will be necessary and what the maximum permissible sales price will be. The decision to acquire will rest with the St. Lucie County BOCC which can reject or accept any and all offers. Written records shall be maintained documenting decisions and rationale for selected courses of action. St. Lucie County Page 21 Small Cities CDBG FFY 2008 Housing Assistance Plan B. Non -Voluntary Acquisition Plan Acquisition of property (including easements and right-of-way) using federal funds shall occur in accordance with the Uniform Relocation Act of 1970 (as amended) and with any State and Federal regulations that may apply. Fundamental steps that occur in each purchase may vary case by case. However, in general terms, the following should take place: (1) source of funds and authority to acquire confirmed, (2) property/site identified and suitable, (3) legal description/survey/preliminary title search performed (services procured as necessary), (4) notice of intent to acquire sent owner, (5) appraisal and review appraisal services solicited and appraiser retained, (6) appraisal received and sent for review, (7) title companies solicited and retained after review received (title insurance amount and necessity determined in advance), (8) offer to purchase and notice of just compensation sent owner, (9) owner contacted by attorney or other representative and contract formalized, (10) settlement costs calculated and closing date set, (11) closing conducted with funds changing hands and, (12) records of proceedings retained. The Uniform Relocation Act requires certain specific procedures such as some letters being sent certified. The CDBG Implementation manual provides a checklist that may be utilized in following each transaction to successful conclusion. In no case will CDBG funds be utilized which would create involuntary displacement. See St. Lucie County separate policy on this subject. C. Timing/Planning Properties necessary for easements or acquisition shall be identified as early in the planning stage as is practicable. Every attempt shall be made to effect a design that is not wholly site dependent, that is, where two or more sites are suitable for the project. It is recognized this may not always be possible. However, a policy of minimizing single site alternatives is emphasized. In general terms, the voluntary acquisition process shall be utilized to identify possible sites early in the project. Sites shall be evaluated for suitability prior to the final design phase to the maximum practicable extent. As soon as alternative sites are identified and evaluated, applicable acquisition procedures should commence. Projects shall not normally be sent out for bids unless properties to be acquired or utilized for easements have been formally acquired or a commitment exists which is sufficiently firm and binding to be considered safe for the project to proceed with start up. The St. Lucie County BOCC shall make the determination as to whether or not bidding, award and start up may proceed to closing on the property. In those cases where need for easements and/or acquisition is not identified until after the project is underway, procedures shall be expedited to the maximum practicable extent and utilization of funds, the value of which would be unrecoverable if the transaction did not occur. St. Lucie County Page 22 Small Cities CDBG FFY 2008 Housing Assistance Plan St. Lucie County Page 23 Small Cities CDBG FFY 2008 Housing Assistance Plan APPENDIX A Point Values to be Used in Ranking Applicants Handicapped and elderly persons on fixed income within established very low income (VLI) guidelines Elderly persons on fixed income within established VLI guidelines Handicapped or disabled persons within established VLI guidelines Households with handicapped or disabled dependents within established VLI guidelines Handicapped and elderly persons on fixed income within established low to moderate income (LMI) guidelines Elderly persons on fixed income within established LMI guidelines Handicapped or disabled persons within established LMI guidelines Households with handicapped or disabled dependents within established LMI income guidelines Households within established VLI guidelines All others within established VLI guidelines Households within established LMI guidelines All others within established LMI guidelines Any homeowner or physical residence that has received state or federal housing assistance within the last 10 years regardless of age, handicap, or income level SHIP applicants that were previously approved but did not receive assistance due to lack of funds will have 4 points added to their calculated household score. (13 Points) (12 Points) 0 1 Points) (10 Points) (9 Points) (8 Points) (7 Points) (6 Points) (5 Points) (4 Points) (3 Points) (2 Points) (1 Point) In the event of a tie, the household with the largest number of residents shall prevail. If a tie still exists, then the household with the lowest income shall prevail. St. Lucie County Page 24 Small Cities CDBG IFFY 2008 Housing Assistance Plan TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Community Services/Housing Division Award of Avenue Q Area Improvements Project See attached memorandum. ITEM NO. VI-G5 DATE: 12/22/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) PRESENTED BY: Jessica Parrish Housing Manage 001113-6420-331510-600 CDBG Supplemental Disaster Recovery September 11, 2007 — Approval to submit grant application. February 26, 2008 — Approval of grant agreement. RECOMMENDATION: Board approval of bid award for the Avenue Q Area Improvements Projects under the CDBG DRI Supplemental Grant to Sheltra & Son Construction Company, Inc., and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( } DENIED ( ) OTHER Approved 4-0 Comm. Lewis absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director Budget Analyst Dan el S. McIntyre Originating Dept. Beth Ryder Purchasing ( ) Marie Gouin Desiree Cimino Marie Gouin Sophia Holt Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director' FROM: Jessica Parrish, Housing Mana DATE: December 22, 2009 SUBJECT: Award of Avenue Q Area Improvements Project ITEM NO. VI-G5 Background: The Community Development Block Grant Disaster Recovery Initiative (CDBG DR[) Supplemental Grant is a federal program that provides funding for low-income residents located in communities that have been affected by a natural disaster. Congress appropriated additional funding for the CDBG disaster recovery grants to rebuild affected areas after Hurricane VViIma and provide money to start the recovery process. The Avenue Q Area Improvements Project will provide service from the wastewater treatment system. The CDBG DRI Supplemental funding will fund the cost of providing wastewater mains, service laterals, onsite sewer improvements and appurtenances to properties within the boundaries of the Avenue Q Area in unincorporated St. Lucie County and within the city limits of Fort Pierce. An Invitation for Bid (IFB) was advertised on August 23, 2009. On September 10, 2009, a mandatory project review with contractors was completed. Bids were evaluated on September 23, 2009 in compliance with the approved Housing Assistance Plan. Forty-eight bids were distributed and twelve bids were submitted. Recommendation Board approval of bid award for the Avenue Q Area Improvements Projects under the CDBG DRI Supplemental Grant to Sheltra & Son Construction Company, Inc., and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Bid Tabulation BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - BID #09-033 AVENUE "Q" GRAVITY SEWER OPENED: SEPTEMBER 30, 2009 AT 3:00 PM PURCHASING DEPARTMENT TWELVE (12) submittals were received for subject proposal: Total Bid Price SHELTRA & SON CONSTRUCTION CO. INC P.O. BOX 336, INDIANTOWN, FL 34956 $ 273,650.00 Tel: 772-597-3180 Fax: 772-597-4213 BLAZER CCONSTRUCTIONINDUSTRIES INC. 1005 W. Indiantown Rd., Suite B-102, Jupiter, FL 33458 $ 298,190.00 Tel: 561-575-3124 Fax: H & D CONSTRUCTION CO. INC. 1805 S 25 ST., STE. 1, FT. PIERCE, FL 34947 $ 312,505.00 Tel: 772-429-1620 Fax: 772-429-1628 JOHNSON- DAVIS INC. 604 HILLBRATH DRIVE, LANTANA, FI 33462 $ 334,000.00 Tel: 561-588-1170 Fax: 561-585-5252 SUNLINE ENGINEERING 2180 SW Poma Drive, Palm City, FL 34990 $ 337,430.00 Tel: 772-220-0786 Fax: 772-463-7786 R.K. CONTRACTORS INC. 2860 S BROCKSMITH ROAD, FT. PIERCE, FL 34945 $ 355,650.00 Tel: 772-462-0770 Fax: 772-462-0765 FELIX ASSOCIATES OF FLORIDA, INC. 3721 SW Darwin Blvd., Port St. Lucie, FL 34953 $ 358,220.00 Tel: 772-879-6510 Fax: 772-878-0120 MELVIN BUSH CONSTRUCTION INC. 2748 SW Casella St., Port St. Lucie, FL 34953 $ 384,120.00 Tel: 772-336-0623 Fax: 772-336-0488 CHRIS DZADOVSKY, District No.1 ♦ DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 ♦ CHARLES GRANDE, District No. 4 ♦ CHRIS CRAFT, District No. 5 County Administrator — FAYE W. OUTLAW, MPA 2300 Virginia Avenue — Fort Pierce, FL 34982-5652 — Phone (772) 462-1700 — TDD (772) 462-1428 website: www.co.st-lucieftus 3610 Fiscal Court, Riviera Beach, FL 33404 Tel: 561-842-8833 Fax: 561-881-0013 $ 386,377.50 DITCHDIGGERS INC. 2108 Orange Ave., Ft. Pierce, FL 34950 Tel: 772-461-5656 $ 397,154.00 Fax: 772-461-1111 OLNEY EARTHWORKS INC. 31 S. SEWALLS PT, RD., STUART, FL 34996 fel: 772-286-2550 $ 412,509.25 =ax: 772-286-2472 250 Gateway Road, Lake Park, FL 33403 el: 561-842-9551 $ 423,140.00 ax: 561-842-9824 * Math Error Number of companies notified*: 414 Number of bid documents distributed*: 48 Number of bids received: 12 *per demandstar.com CHRIS DZADOVSKY, District No.1 ♦ DOUG COWARD, District No. 2 ♦ PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 ♦ CHRIS CRAFT, District No. 5 AdministratorCounty 2300 Virginia Avenue — Fort Pier e, FL 34982-5 52 — Poe (772) 462-1700 — TDD (772) 462-1428 website: www.co.st-lucie.ftus CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Ma ge SUBJECT: Interlocal Agreement with the City of Fort Pierce and Fort Pierc ilities Authority BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001113-6420-331510-600 CDBG Supplemental Disaster Recovery PREVIOUS ACTION: September 11, 2007 — Approval to submit grant application. February 26, 2008 — Approval of grant agreement. RECOMMENDATION: Board approval of the Interlocal Agreement with Fort Pierce and the Fort Pierce Utilities Authority for the Avenue Q Area Improvements Project, and authorization for the Chairman to sign the documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER —' Approved 4.0 Faye W. Outlaw, MPA Comm. Lewis absent County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel S. McIntyre a ouin Sophia Holt Originating Dept. ( ) Beth Ryder Cou TO: Board of County Commissioners i THROUGH: Beth Ryder, Director"/ FROM: Jessica Parrish, Housing Manager DATE: December 22, 2009 Community Services MEMORANDUM SUBJECT: Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority ITEM NO. VI-G6 Background: The Board agreed to administer the funds for the Community Development Block Grant Disaster Recovery Grant (CDBG DRI) grant related to Hurricane Wilma damage for Fort Pierce, Port St. Lucie and the unincorporated area. The Avenue Q Area Improvements Project was identified by the City Fort Pierce as a project for these funds. The CDBG DRI Supplemental grant will fund the cost of providing construction of wastewater mains, service laterals, onsite sewer improvements and appurtenances to 26 properties within the boundaries of the Avenue Q Area in the unincorporated St. Lucie County and within the city limits of Fort Pierce. Recommendation Board approval of the Interlocal Agreement with Fort Pierce and the Fort Pierce Utilities Authority for the Avenue Q Area Improvements Project, and authorization for the Chairman to sign the documents as approved by the County Attorney. Attachment: Interlocal Agreement Memo from Fort Pierce Redevelopment Agency r INTERLOCAL AGREEMENT AVENUE Q AREA IMPROVEMENTS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT THIS AGREEMENT made and entered into this _ day of 2009, by and between St. Lucie County, a political subdivision of the State of Florida (the "County"), Fort Pierce Utilities Authority, an authority created and established by the City Commission of the City of Fort Pierce, Florida, ("FPUA") and the Fort Pierce Redevelopment Agency, ("FPRA"), a dependent special district of the City of Fort Pierce (City), hereinafter referred to as Parties. WHEREAS, FPUA is the governing body authorized to enter into agreements relating to providing service from the potable water, wastewater, electric, and gas utilities within the City; and, WHEREAS, the County has received CDBG Disaster funds to construct the Avenue Q Area CDBG project which will fund the cost of providing wastewater improvements to those properties within the boundaries of the Avenue Q Area CDBG project in unincorporated St. Lucie County and within the corporate limits of the City of Fort Pierce. The work consists of construction of wastewater mains, service laterals, onsite sewer improvements, and appurtenances to 20 properties within the City and 6 properties within the County, along Avenue Q from 25th Street to 29th Street (the "Project"). A map indicating the boundaries of the real property benefitting from the Project within the proposed CDBG project area is attached hereto and made a part hereof as Exhibit "A"; and, WHEREAS, the Project is located within the boundaries of FPUA's Utility Service Area, known as Service Area "A"; and, WHEREAS, the wastewater mains and laterals associated with the Project are located in the FPRA boundary; and, WHEREAS, the Parties believe that it is in their mutual best interest to cooperate in the Project. NOW, THEREFORE, the Parties hereby agree and covenant on the terms and conditions hereinafter stated: -1- V 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes and the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. FPUA RESPONSIBILITIES. FPUA's responsibilities under this Agreement are as follows: A. FPUA agrees to cooperate with the County and the City in the Project. B. FPUA shall design the Project consisting of the installation of wastewater mains, services, appurtenances, and abandonment of existing septic systems including on -site plumbing modifications to 26 lots to provide wastewater improvements to properties within the Avenue Q Area CDBG. FPUA shall design the Project at its own cost. FPUA shall provide the County with approved utilities plans and bid documents for inclusion into the bid package. The County reserves the right to review and approve said plans and bid documents before inclusion into the bid package. C. FPUA shall assist the County in administering the Project to include but not be limited to awarding the contract for construction and inspection during construction, shop drawing approvals, change order approvals, Project certification, and production of record drawings. The contractor shall be responsible for determining the alignment and grades of the building sewer services, obtaining any and all City or County building permits required for construction of the building sewer services, and arranging for City or County inspection of same. FPUA shall inspect the actual connection of the building sewer services to the FPUA sewer service cleanout at the property line, but shall have no jurisdiction over any work that is to be performed on private property. D. Upon completion of the Project and acceptance by FPUA of ownership of the Wastewater System located within the public right of way, FPUA shall be responsible for the operation and maintenance of said Wastewater System. —2— E. FPUA agrees to fund the on -site sewer construction work that is ineligible for CDBG Disaster funds for 8 lots in the amount of $8,000. FPUAalso agrees that because the level of grant funding has sufficiently covered other sewer construction costs, FPUA will credit $29,030.87 for Capital Improvement and Accrued Revenue Charges and also provide contingency funds up to $17,117.44 for other CDBG ineligible construction costs, for a total potential contribution of $54,148.31. 3. COUNTY RESPONSIBILITIES. The County's responsibilities under this Agreement are as follows: A. The County agrees to cooperate with FPUA and FPRA in the Project. B. The Board of County Commissioners of St. Lucie County, Florida shall act as the governing body of the Project. C. The County shall use CDBG Disaster Funds from grant award No. 08DB- D3-10-66-01-A05 to cover its proportionate share of the cost of the Project in the amount of 273 650 and provide additional funding as necessary for construction change orders for work that is eligible for CDBG Disaster Funds up to $26,350. D. The County will administer the Project. This administration will include bidding and awarding the contract for construction, pay request approvals, and change order approvals. 4. FPRA RESPONSIBILITIES. FPRA's responsibilities under this Agreement are as follows: A. FPRA agrees to cooperate with FPUA and the County in the Project. B. FPRA reserves the right to review and approve said plans and bid documents before inclusion into the bid package. C. FPRA agrees to fund the Capital Improvement Charges and Accrued Guaranteed Revenue Charges for the 17 non -vacant lots and wastewater service deposit fees for 15 occupied houses within the Project that are also within the City and FPRA boundary for a total amount of 54 148.31. These costs are not eligible for CDBG Disaster funds. 5. TERMINATION. This Agreement may be terminated by the mutual written agreement of all Parties. This Agreement may be terminated prior to initiation of the —3— LM construction contract by any party upon 30 days notice to the other parties upon failure to obtain adequate financing for the project or failure to obtain the easements necessary to construct the project. 6. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to FPUA: Director of Utilities Fort Pierce Utilities Authority 113 N. 2"d Street Fort Pierce, Florida 34950 If to FPRA: Executive Director Fort Pierce Redevelopment Agency City of Fort Pierce 100 North U.S. 1 Fort Pierce, Florida 34950 7. ENTIRE AGREEMENT. With a copy to: St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Public Works Director 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: FPUA Attorney P. 0. Box 3191 Fort Pierce, Florida 34948 With a copy to: Fort Pierce City Attorney P. 0. Box 3779 Fort Pierce, Florida 33448 This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes all prior verbal or written agreement between the Parties with respect hereto. This Agreement may only be amended by a written document, properly authorized, executed and delivered by the Parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. 8. FILING. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes prior to their effectiveness. 9. INDEMNIFICATION. Each Party is responsible for all personal injury and property damage to the extent attributable to the negligent acts or omissions of that Party and the officers, employees, and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any Party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. THE NEXT PAGE IS THE SIGNATURE PAGE -5- IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk ATTEST: ATTEST: Clerk BY: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney FORT PIERCE UTILITIES AUTHORITY BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: Attorney for FPUA FORT PIERCE REDEVELOPMENT AGENCY BY: Mayor DATE: APPROVED AS TO FORM AND CORRECTNESS BY: City Attorney 7f. INTEROFFICE MEMORANDUM FROM THE OFFICE OF THE a FORT PIERCE RE, DEVELOPA1ENT AGENCY i is s a TO: Rob FROM: Jon SUBJECT: Avenue Q Sewer Project — Proposed Interlocal Agreement DATE: November 10, 2009 CC: 11'RA Board Attached please fund a draft of the proposed Interlocal Agreement between St. Lucie County, the Fort Pierce Utilities Authority and this Agency. As you may recall, the County received a $300k CDBG Disaster grant to cover wastewater improvements to certain properties on Avenue Q. The Agreement specifies that the FPUA will design the project and provide bid documents to the County. The County will issue an RFP for the project. The FPUA will fund $28k for sewer hookups that are not allowable expenditures of the CDBG grant funds plus an additional $50,820 for construction change orders. The FPRA is being asked to fluid $78,820 worth of FPUA Capital Improvement Charges which the FPUA cannot legally waive or pay for. (Note that at the July, 2009 FPRA meeting, the Board authorized this Agency to split the overage costs not allowable under the CDBG grant with the FPUA, in an amount not to exceed $90k per side. This Agreement will bring the project in under budget for the FPRA.) I will be placing the above issue on the November 18 FPRA agenda and requesting Board approval of the draft Agreement, subject to your comments 7f. INTERLOCAL AGREEMENT AVENUE Q AREA IMPROVEMENTS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT THIS AGREEMENT made and entered into this _ day of 2009, by and between St. Lucie County, a political subdivision of the State of Florida (the "County"), the Fort Pierce Utilities Authority, an authority created and established by the City Commission of the City of Fort Pierce, Florida, ("FPUA") and the Fort Pierce Redevelopment Agency, ("FPRA"). WHEREAS, FPUA is the governing body authorized to enter into agreements relating to providing service from the potable water, wastewater, electric, and gas utilities within the City; and, WHEREAS, the County has received CDBG Disaster funds to construct the Avenue Q Area CDBG project (the "Avenue Q Area CDBG") which will fund the cost of providing wastewater improvements (the "Project") to those properties within the boundaries of the Avenue Q Area CDBG in unincorporated St. Lucie County and within the corporate limits of the City of Fort Pierce. A description of the boundaries of the real property within the proposed CDBG project area is attached hereto and made a part hereof as Exhibit "A"; and, WHEREAS, the Avenue Q Area CDBG project is located within the boundaries of FPUA's Utility Service Area, known as Service Area "A"; and, WHEREAS, the parties believe that it is in their mutual best interest to cooperate in providing wastewater improvements to properties within the Avenue QArea CDBG project. NOW, THEREFORE, FPUA, FPRA, and the County hereby agree and covenant on the terms and conditions hereinafter stated: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes and the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. -1- TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Community Services/Housing Division ITEM NO. VI-G7 DATE: 12/22/09 REGULAR PUBLIC HEARING LEG. QUASWD CONSENT PRESENTE48- Jessica PamHousing Ma (X) Budget Resolution 09-350 for the Florida Division of Emergency Management Residential Construction Mitigation Program (RCMP) See attached memorandum. FUNDS AVAILABLE: 001443-6420-331232-600 Dept. of Community Affairs 001509-6420-549605-600 Small Cities CDBG (Match) PREVIOUS ACTION: August 11, 2009 —Approval to submit application. November 11, 2009 —Acceptance of grant award. RECOMMENDATION: Board approval of Budget Resolution 09-350 for the RCMP grant and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (X) APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Comm. Lewis absent County Attorney ( ) Originating Dept. ( ) Coordination/Sianatures Daniel S. McIntyre Hin ...ins.. It . V_.' G�i' "ZA- Beth Ryder CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director Budget Analyst Marie Gouin Sophia Holt Community Services MEMORANDUM TO: Board of County Commissioners -eIL- THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Man a DATE: December 22, 2009 SUBJECT: Budget Resolution 09-350 for the Florida Division of Emergency Management Residential Construction Mitigation Program (RCMP) ITEM NO. VI-G7 Backaround• RCMP provides funding to low and moderate income residents in support of wind mitigation to include retrofits, education, inspections, and related activities. Five homes will receive wind mitigation and over 200 residents will receive wind mitigation education. All retrofits/installations will tie together aspects of wind mitigation to the maximum degree possible including strengthening, secondary water barriers and other potential interventions as identified in the grant award. This comprehensive approach includes pre and post inspections to provide the scope of work and to certify completion. The award amount is $100,000 and a $50,000 match will come from Small Cities Community Development Block Grant. Recommendation Board approval of Budget Resolution 09-350 for the RCMP grant and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Budget Resolution 09-350 .r RESOLUTION NO. 09-360 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 grant funds from the Florida Community Affairs Division of Emergency Management for Residential Construction Mitigation Program in the amount of $100,000. 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 December, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001443-6420-331232-600 APPROPRIATIONS 001443-6420-549605-600 001443-6420-512000-600 001443-6420-546000-600 001443-6420-547000-600 001443-6420-551000-600 001443-6420-551200-600 001443-6420-549000-600 001443-6420-564000-600 Florida Community Affairs Emer. Mgmt. $100,000 Domestic Subsidy $ 73,640 Salaries $ 5,000 Travel $ 2,000 Printing & Binding $ 1,360 Office Supplies $ 5,000 Equip. <$1,000 $ 800 Advertising $ 10,000 Machinery & Equipment 2,200 $100,000 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chairman XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 22ND DAY OF DECEMBER 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA L-."7 CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY WE ITEM NO. VI-G8 _ — DATE: 12/22/09 COUNTY LORI . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B . Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Ma ge SUBJECT: Community Development Block Grant (CDBG) Disaster Re a itiative (DRI) Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to submit an application for the Department of Housing and Urban Development CDBG DRI grant, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER .= _ Approved 4-0 Faye W. Outlaw, MPA Comm. Lewis absent County Administrator Coordination/Slanatures County Attorney ( ) OMB Director ( ) Dare Budget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) Beth Ryder Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, DirectorCx:�I— FROM: Jessica Parrish, Housing Manager DATE: December 22, 2009 SUBJECT: Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) Application ITEM NO. VI-G8 Backaround: The Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) will assist with Tropical Storm Fay damage. St. Lucie County has been allocated $8,058,428 to assist with damages to single family rental units, multifamily rental units, replacement rental housing, and flood and drainage activities related to Tropical Storm Fay. The funding cycle of this grant will be approximately two years beginning in June 2010. Community Services will be responsible for administration of the grant. The application for this grant is due January 15, 2010. Recommendation Board approval to submit an application for the Department of Housing and Urban Development CDBG DRI grant, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Application A, Florida Community Development Block Grant Program Disaster Recovery initiative Application for HUD Disaster Recovery Funding Department of Housing and Urban Development [Docket No. FR 52M--N-01J Federal Realster / Volume 74 Number 29 dated Febru'•V 13. 2Q09 (Docket No. FR-5337-N-011 Federal Realster / Volume 74 Number 136 dated August 14 2M 2008 Supplemental CDBG Appropriations Robert T. Stafford Disaster Relief and Emergency Assistance Act Applicant St. Lucie County (Name of Local Government) Charlie Crist Governor dift Tom Pelham Secretary Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [1 1�' 4,r-,ia • • ll 1 • - • . ll 1 1 - Il-. • -. •1 II k. Funding Allocation This allocation Is based on the Department's compilation of preliminary damage assessment date from FEMA. To ensure that counties with the greatest disaster recovery needs are targeted for funding in amounts adequate to make a measurable impact on the severity of local circumstances, a simple allocation cut-off of $190,000 was established to ensure significant awards. All allocations not meeting this threshold were re -distributed to those In the top-qualif yIng tier, distributed by each county's percentage of those within the tier. Alkxating the funds In this manner ensures that communities with the greatest need receive an amount significant enough to ac- complish measurable repair and recovery. The allocation of funding is provided below, COUNTY PDA TOTAL TOTAL AWARD TO A� SIMPLE PCT OF THRESH REALLOCATION SIMPLE AWARD PLUS DMA AWARD OLD GROUP REALLOCATION Leon $30,543,181 $79,037,259 12.73% $10,065,128 12.88% $885,969 $10,179,232 Collier $29,894,993 $79,037,259 12.46% $9,851,525 12.61% $885,969 $9,963,208 SL Lucia $24,179,628 $79,037,259 10.08% $7,968,097 10.20% $885,969 $8,058,428 Escamble $21,206,000 $79,037,259 8.84% $6,988,175 8.94% $885,969 $7,067,397 Brevard $19,643,240 $79,037,259 8.19% $6,473,187 8.28% $885,969 $6,546,571 Palm Beach $19,603,736 $79,037,259 8.17% $6,460,169 8.27% $885,969 $6,533,405 Duval $12,831,502 $79,037,259 5.35% $4,228,463 S.41% $885,969 $4,276,399 Volusla $12,521,000 $79,037,259 5.22% $4,126,141 5.28% $885,969 $4,172,917 Gulf $7,609,893 $79,037,259 3.17% $2,507,746 3.21% $885,969 $2,536,175 Monroe $7,468,230 $79,037,259 3.11% $2,461,063 3.15% $885,969 488963 $2,, Sarasota $7,062,649 $79,037,259 2.94% $2,327,409 2.98% $N35,969 94 $2,35353,794 St.John's $3,901,684 $79,037,259 1.63% $1,285,7S2 1.65% $885,969 $1,300,328 Bay $3,741,814 $79,037,259 1.56% $1,233,069 1.58% $885,969 $1,247,047 Putnam $3,S98,200 $79,037,259 1.50% $1,185,742 1.52% $885,969 $1,199,185 Flagler $2,611,875 $79,037,259 1.09% $860,711 1.10% $88S,969 $870,469 Nassau $2,347,652 $79,037,259 0.98% $773,640 0.99% $885,969 $782,410 Broward $2,293,315 $79,037,259 0.96% $75S,734 0.97% $885,969 $764,301 Martin $2,034,336 $79,037,259 0.85% $670,390 0.86% $885,969 $677,990 Okaloose $2,023,400 $79,037,259 0.84% $666,786 0.85% $88S,969 $674,346 Hardee $1,900,000 $79,037,259 0.79% $626,122 0.80% $88S,969 $,89 Santa Rosa $1,740,000 $79,037,259 0.73% $573,395 0.73% $885,969 #57979,96 6 Marlon $1,567,415 $79,037,259 0.65% $516,522 0.66% $88S,969 $S22,378 Mlami-Dade $1,515,178 $79,037,259 0.63% $499,308 0.64% $885,969 $504,969 Calhoun $1,501,454 $79,037,259 0.63% $494,786 0.63% $885,969 $SW,395 Alachua $1,427,721 $79,037,259 0.60% $470,488 0.60% $885,969 $475,822 Okeechobee $1,412,040 $79,031,259 0.59% $465,320 0.60% $885,969 $470,595 Wakulla $1,378,001 $79,037,259 0.57% $454,103 0.58% $885,969 $459,251 Seminole $1,297,284 $79,031,259 0.54% $427,504 0.55% $885,969 432350 $, Baker $1,187,555 $79,037,259 0.50% $391,344 0.50% $885,969 ;39595,78181 Franklin $900,000 $79,037,259 0.38% $296,584 0.38% $885,96g ;299,946 Lake $871,619 $79,037,259 0.36% $287,231 0.37% $885,969 $290,487 Hendry $817,570 $79,037,259 0.34% $269,420 0.34% $885,969 $272,474 Osceola $727,045 $79,037,259 0.30% $239,589 0.31% ;885,969 ;242,305 Gadsden $725,727 $79,037,259 0.30% $239,154 0.31% $885,969 $241,866 Bradford $649,816 $79,0-7,259 0.27% $214,139 0.27% $885,969 $216,566 Highlands $621,781 $79,03-1,259 0.26% $204,900 0.26% $885,969 $207,223 Clay $603,515 $79,031,259 0.25% $198,881 0.25% $885,969 $201,136 Glades $602,881 $79,07',7.59 0.25% $198,672 0.25% $885,969 200924 $,111,11 Jefferson $591,439 $79,03,,,259 0.25% $194,901 0.25% ;885,969 ;19797 vvrCKRMCM r INFORMATION Local Government Applicant County St. Lude County Board of County St. Lude Commissioners Local Contact Title 3essica Parish Housing Manager Phone Number (772) 462-2375 FAX Number Mailing Address 772 462-2855 437 N 7d' Street Street Address City Fort Pierce Zip Code 34950 E-mall Address 1%.Mj Title Charles Grande Chairman i L.nwr netted Official's Address (if different) 2300 Virginia Avenue Fort Pierce, FL 34982 Indicate the titles or Tribes that will be served In addition to the county: Fort Pierca, Port St. Lucie APPLICATION PREPARER INFORMATION Application Preparation Agency or Firm St. Lucie County Board of County Commissioners 437 N 7n' Street Fort Pierce FL �4950 Phone Number � (772) 462-2375 Contact Title Jessica Parrish Housing Manager E-Mall Address PmrrishlOstludeco.org Type of Agency Preparing Appli- r rivate Firm Regional Planning Government cation (Check One): Council Agency nrruLArloN INFORMATION List all jurisdictions In which recovery activities will take place (i.e., county unincorporated area, names of any municipalities, and Tribal governments). DUNS 072215403 Enter the amount of funding that the local government is requesting: $8,058,428 Is the local government covered by 'Ile National Flood Insurance Program? Yes No Are the activities consistent with the .,-cal comprehensive plan? Yes No Are you entering Into an Interlocal 1.9reement with another local government in order to apply for, Yea No administer or cant' out th., ;:ro ert ar tivities7 U.S. Congressional District I Florida Senate District(s) or House Dlstrict(s) ELIGIBLE AGTIVMES (TO BE USED BY ALL APPLICANTS) This table provides a list of activities eligible for funding. Use the activity name, activity number and unit of measure when completing spreadsheets In this application that require the name of the proposed ac tIvitles and/or the activity number. Con. tad the Department if you wish to undertake a CDBG eligible activity that is not listed below. All activities must be related to the 2008 storms: Tropical Storm Fay, Hurricane Gustav and Hurricane Ike. ACTIVITY NAME* (may be shorhmW or abbrwlabd ACTIVITY NUMBER UNIT OF MEASURE ENOINEERINO TA02 AcQuIsItIon for rehabilitation 15G LF SrM PARCEL, UNIT HU BU NM Acquisition In 100 year flood plain or Acquisition, acquisition (In support on, aoqulsitlon of real property, acquisition: land, building, easement or 01 LF, SITE, PARCEL, UNIT, HU, BU N/A Administration Plannkm and Manimment 21A I N/A a Asbestos removal lead based paint abatement 03R I HUI BU A Clearance and Demolition 04 1 HU BU UNIT Code nit 15 I HU BU IQA Comrnerdal/kWusbial building acquisition, cormmerdal rehab, de- molition 17C BU Table II Demolition of vacant dilapidated housing units 04A I HU SITE WA Demolition of vacant dilapidated structures other than housing) 04A I HU BU UNIT WA Erdneerina219 1 N/A WA Are protection, fire hydrants, water facilities, Imes, tank, treat- WWI 03J I LF, UNIT, HYDRANT Table II (PlaM Well and Tank Table Fire station. eoulpment 030 1 UNIT Table II Flood & drainage, hazard mitigation, flood r! drainage, storm drains. catch basin retention pond, curb & outter 03I LF, UNIT Table II Housing rehab plumbina 14A I LF UNITHU 10A Open space parks, Playgrounds, recreational facilities 03F I LF UNrT. SrM PARCEL Table II Other Comrnerdal Business Assistance 17D I UNIT Other commerda Industrial Imorovements J170 1 BU UNIT SITE Parking fadlitles, spaces 103G UNIT Table II Permanent relocatlon as part of hazard mitigation, permanent relo- 06 HU, BU N/A cation tempora rekxation CnhldA ...AAI A !Y\►, 14.. . !. ..... ...... .. .. APPLICATION NARRATIVE St. Lucie County intends to use $1,099,975 in CDBG DRI funds to assist in the rehabilitation of single family and multifamily rental units throughout the unincorporated county to repair damage from Tropical Storm Fay and/or Hurricanes Ike and Gustay. At a minimum, 10 single family and 11 multifamily rental housing units will be rehabilitated for low income to moderate income residents. Approximately two rental housing units will be demolished and a replacement unit constructed. These activities have been chosen to be the community's disaster recovery priority because of the severe damage St. Lucie County received to its rental housing stock. Many of our residents that incurred damage did not have insurance and was unable to receive assistance from FEMA; CDBG DRI funds will be used to assist those residents that were impacted. Tropical Storm Fay impacted St. Lucie County with flooding in numerous areas within the County. The CDBG DRI budget is broken down as follows: 14A Housing Rehabilitation — Single Family Rental $400,000 14B Housing Rehabilitation — Multifamily Rental $459,975 12 Replacement Housing — Rental $240,000 03I Flood dt Drainage $6,629,919 Engineering $127,075 Administration $201, TOTAL CDBG DRI BUDGET $492,334 M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VIII DATE: December 22, 2009 REGULAR [x PUBLIC HEARING [ ] CONSENT[ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Newberry Fields - Permission to Dismiss Petition for Writ of Certiorari and Complaint for Declaratory and Injunctive Relief BACKGROUND: See attached memorandum CA No. 09-1593 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board authorize the County Attorney to voluntarily dismiss the Petition and Complaint upon receipt of a copy of the fully executed Amended Development Agreement between the City of Fort Pierce and the Developer. COMMISSION ACTION: CONCURRENCE: N/1 APPROVED [ ] DENIED L J OTHER: Approved 4-0 Comm. Lewis absent Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [ X ]Growth Management Director: ( X ]Growth Management: Daniel S. McIntyre_ [X] Public Works Director: Don West INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 09-1593 DATE: December 22, 2009 SUBJECT: Newberry Fields - Permission to Dismiss Petition for Writ of Certiorari and Complaint for Declaratory and Injunctive Relief BACKGROUND: On December 2, 2008, the Board authorized the County Attorney to file suit against the City of Fort Pierce as a result of the City's approval of the Newberry Fields development without a condition requiring the Newberry Fields developer to pay $156,000 to the County for proportionate fair share costs for impacts to the Kings Highway/Orange Avenue intersection. The County Attorney filed a Petition for Writ of Certiorari and a Complaint for Declaratory and Injunctive Relief against the City. Since that time, County staff, with the assistance of City staff, has convinced the developer to request the City to amend the development agreement between the City and the developer to include a condition requiring the developer to pay the County $156,000.00 at the time of building permit for impacts to the Kings Highway/Orange Avenue intersection. The City approved the revised development agreement on November 2, 2009 (a copy of the Minutes and the Amended Development Agreement are attached). RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize the County Attorney to voluntarily dismiss the Petition and Complaint upon receipt of a copy of the fully executed Amended Development Agreement between the City of Fort Pierce and the Developer. DSM/cb Attachment Respec ully Dani S. Mcl �i County Attor MINUTES OF A REGULAR MEETING OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 NORTH U.S. #1, FORT PIERCE, FLORIDA, AT 6:30 P.M. ON MONDAY, NOVEMBER 2, 2009. Mayor Benton called the meeting to order. Rabbi Arthur Rutberg, Temple Beth E1 Israel, gave the invocation. The Pledge of Allegiance was recited. Upon Roll Call, those present were: Mayor Robert J. Benton; Commissioners Rufus Alexander, Edward Becht, Christine Coke, and Reginald Sessions; City Manager David Recor; City Attorney Robert Schwerer; and City Clerk Cassandra Steele. Those absent: None. The next item on the Agenda was Approval of the Minutes of the Special Meeting on October 13, 2009, and the Minutes of the Regular Meeting on October 19, 2009. Motion was made by Commissioner Coke, seconded by Commissioner Becht, to approve the Minutes of the Special Meeting on October 13, 2009 and the Minutes of the Regular Meeting on October 19, 2009. Those voting in favor of the motion were: Commissioners Alexander, Becht, Coke, Sessions, and Benton. Those opposed: None. Mayor Benton proclaimed November 2009 as NATIONAL AMERICAN INDIAN HERITAGE MONTH. Betty Nevers, National Society Daughters of the American Revolution, was present to receive the Proclamation. The following letter will be kept on file in the City Clerk's office: Letter from Paul Desborough commending Fort Pierce Police Officer Cheryl Glenn -Reed for her professionalism. The next item on the Agenda was Comments from the Public. Mr. Jim Van Hekken said he is here to talk about the Seven Gables House. He watched their October 19th meeting and spent time here this morning reading background information from the Agenda. He spoke with Ms. Cox and a couple of the board members for the Chamber of Commerce. Apparently from the background on the Agenda, the economic development portion of this thing is going to be spun off and handled differently. It appears from the memorandum from the City Manager that the Manatee Center is going to be running Seven Gables. That is effectively going to take the physical presence of the Chamber out of the City of Fort Pierce. He thinks they should really give this some serious consideration before they make that decision. The Chamber's goal is strictly to support the local businesses in the community. A prosperous business is probably the best economic development tool they can get. The Chamber also did a fantastic job in running the Visitor Center and promoting the Minutes of a Regular Meeting of the City Commision of November 2, 2009 Page 1 of 45 Copyright © 2009 City of Fort Pierce Florida Regular Meeting November 2, 2009 put a water main to his apartments, which were across the street from him. He had it extended to his house, two or three houses away. He paid for the whole extension. But as other people plugged into that line upstream of him, he got some of his money back. That may be an issue the church can pursue. Seeing no one further and hearing no one wishing to be heard, Mayor Benton declared the Public Hearing closed. Motion was made by Commissioner Alexander, seconded by Commissioner Coke, to approve the Applications for Conditional Use & Site Plan submitted by Pastor Vernon Shazier for construction of Mount Bethel Baptist Church on property located on the east side of South 37th Street between Deberry Road and White Way Dairy Road, with the following conditions: (1) The applicant must finalize a service agreement with the Fort Pierce Utilities Authority to extend an 8-inch water main to their property; and (2) The applicant must enter into a road improvement agreement with St. Lucie County in the amount of $41,621 within 90 days of final development approval. Those voting in favor of the motion were: Commissioners Alexander, Becht, Coke, Sessions, and Benton. Those opposed: None. The next item on the Agenda was (a) Public Hearing on Development Agreement between the City and Cornerstone Fort Pierce Development LLC for Newberry Fieldsproject; and (b) Request submitted by Cornerstone Fort Pierce Development LLC for 3-year extension to the approved Site Plan for Newberry_ Fields at 2721 - 2785 South Jenkins Road. Mr. David Carlin, Assistant Planning Director, said approximately a year ago this Site Plan was previously approved by the Commission to construct a large retail shopping center. One of the anchor tenants which is Target, and some of the larger retail shops that would go with it, would be located on the southwest corner of Okeechobee Road and Jenkins Road. They approved a Development Agreement that outlined several of the conditions that were associated with the project, including off - site improvements, which consisted of signalization, widening of Jenkins Road south of Okeechobee Road to the project entrance, and some other elements associated with landscaping mitigation. At that time, the Commission had determined that based on the numerous off -site contributions and financial contributions that the developer would be obligated to do as a result of the size of this development, that the proportionate fair share requirement requested by St. Lucie County for traffic impacts to Orange Avenue and Kings Highway was waived. Subsequent to that waiver, the County had raised a legal issue or challenge, and began the legal procedures to secure the funding for the traffic impacts to Kings Highway & Orange Avenue intersection. Since that time, there has been a tremendous amount of discussions with staff and legal counsel to try to resolve this issue. The applicant has agreed to pay the proportionate fair share requirement for Kings Highway & Orange Avenue to resolve the legal challenge that occurred. So what they have before them is an agreement that now includes the provision that was removed at 10 Minutes of a Regular Meeting of the City Commision of November 2, 2009 Page 10 of 45 Copyright © 2009 City of Fort Pierce Florida Regular Meeting November 2, 2009 the original hearing over a year ago. That provision is now in the Development Agreement. One other change was made to the Development Agreement as part of this review, subsequently discussed with both legal and planning staff, the term of the agreement. The term has been modified down from ten years to three years. They feel this is much more consistent with insuring that the related improvements outlined in the Development Agreement and construction schedule are more consistent with the Land Development Regulations and concurrency provisions. Therefore, Staff is recommending that the Commission approve the Development Agreement. In addition, the applicant is requesting a three year extension to the Site Plan in conjunction with the three year concurrency and Development Agreement approval, which all go together as if it were a marriage, which he thinks is the way the code intended it to be when they have a Development Agreement pursuant to Florida Statute 163.3220. Commissioner Becht asked why have they agreed to different time limits to different performances by this developer? Section 19 of the proposed Developer's Agreement has multiple tasks the Developer is supposed to complete at different times. Paragraph 19(I) says the Developer shall widen Jenkins Road on or before the first Certificate of Occupancy. Paragraph 19(ii) says the Developer shall construct northbound left turn and right turn lanes at Okeechobee Road and Jenkins Road on or before the first Certificate of Occupancy. Paragraph 19(iii) says the Developer shall construct a 24-inch force main and appurtenances along the east side of Jenkins Road on or before the first Certificate of Occupancy. On that one, does the public own the property that the 24-inch force main is going to go under today? Mr. Carlin said he discussed this issue with the FPUA. The applicant is in the process of securing the necessary right-of- way along the east side of Jenkins Road. The FPUA is looking to secure an easement that would run along the east side of Jenkins Road. They have easements for most of the sections needed just south of where this property is. He believes the representatives can answer his question as to what they have secured in order to facilitate that. Commissioner Becht said he would not want to hold anybody up that might be wanted to develop south of this, because they wouldn't have the right-of-way to connect a force main up to Okeechobee Road. Mr. Carlin said the FPUA would grant some credits back, depending on which developments come in. Really the first person in is the one that is going to be required to do that. He thinks that is the way the FPUA looks at this. Commissioner Becht said he wouldn't want them to have to acquire the land. Putting the pipe in the ground is one expense; but having to pay Newberry for the land, which Newberry would have to give anyway if they were to develop first, seems to him a bit unfair. So he is trying to make sure that Newberry is either giving the land or the easements; so they don't need to wait until the Certificate of Occupancy for that to occur, because it m Minutes of a Regular Meeting of the City Commision of November 2, 2009 Page 11 of 45 Copyright© 2009 City of Fort Pierce Florida Regular Meeting November 2, 2009 could accelerate the development of properties south of there, if they had the easements in favor of FPUA in the next 60 days. Mayor Benton said he believes it could be along from McNeil Road, which is just to the south. But he knows Westside Baptist Church, when they expanded, had to pay to have it run down there. He thinks it went from McNeil Road. He thinks the only area lacking is from Okeechobee Road to McNeil Road. Mr. Carlin said this was an FPUA requirement, what FPUA asked for. He can't tell them where the applicant is in regards to what properties, where they are at this point in time. Commissioner Becht said Paragraph 19(iv) says the Developer shall provide a fair share contribution to the City for a turn lane and U.S. #1 and Virginia Avenue upon issuance of the final development order for the project by the City. What is that event - the issuance of the final development order by the City? Mr. Carlin said their Code doesn't define what a final development order is. But one could articulate that it is at the time the Site Plan is approved or the Developer's Agreement is, one or the other. He can tell them that the applicant has paid those fair share requirements, so those things are satisfied. Commissioner Becht said his compliments and thanks to the Developer. In the future he would prefer to not have language in a Development Agreement that Mr. Carlin can't tell him what the event is. So instead of the issuance of a final development order for the project by the City, it seems to him it could say it is the earlier of (a) or (b). Mr. Carlin said when they get the concurrency section of their LDR Rewrite, they already know that is going to have to be further explained so there is no... Commissioner Becht said this Development Agreement is not dependent upon the LDR Rewrite, they could do it right here in the agreement, they could say the earlier of (a) or (b). But the City has the checks in hand, so it really doesn't matter. He is just asking that next time Staff brings one of these before the Commission, it would be nice to have the clarity. He just found it ambiguous - the final development order - he didn't know what that meant. Mr. Carlin said he agrees. Staff will make sure that is further explained. In future Development Agreements, they will have that provision either (a) or (b). Commissioner Becht said in Paragraph 19(viii), the County has asked that their $156,687 towards construction improvements to Kings Highway and Orange Avenue be paid prior to the issuance of the first building permit. So they have staged this such that... Actually the City is getting its money tonight, so they are well ahead of the County and he compliments Staff for doing that. But prior to the issuance of the first building permit for the County and prior to the issuance of the first 12 Minutes of a Regular Meeting of the City Commision of November 2, 2009 Page 12 of 45 Copyright 0 2009 City of Fort Pierce Florida Regular Meeting November 2, 2009 certificate of occupancy for the City - why? What is the thought behind that? Mr. Carlin said this issue of the fair share requirement, it changed numerous times when they wanted this particular payment. It went back and forth. This was what they finally agreed to. Commissioner Becht said so the timing is a function of negotiation between the City and the Developer? Why is it the City waits until the first C.O. and the County gets it prior to the first building permit? Why isn't the City....? City Attorney Schwerer said recall that this agreement was before the Commission and concerns were raised by Staff. This Developer's Agreement was approved by the Commission. Subsequently, after the lawsuit, they only dealt with those terms and conditions that were the subject of the lawsuit. So going back to renegotiate the other points seemed to be a little bit... Commissioner Becht said he doesn't want to renegotiate it tonight. City Attorney Schwerer said he wants them to understand, had this been the first time review and negotiation, he and Mr. Carlin would certainly have been looking at it with different eyeglasses. But that is the landscape today. Certainly Commissioner Becht has raised some very valid and excellent points and he has them noted. But unfortunately this is round two on this one. Commissioner Becht said he doesn't want to renegotiate their deal tonight. He is just trying to find out what they did it this way. It was a function of negotiation. So all the points he is talking about could be resolved differently with a different applicant at a different time in the future. Commissioner Sessions said as they go through all of the conditions of the Development Agreement, he is more prone for granting extensions if in fact they have met the vast majority of the conditions. They have gone through a couple of those. But as far as Staff is concerned, are there any outstanding, other than what has been mentioned? Mr. Carlin said they haven't seen any development yet. Once development commences, they will make sure that it adheres to the construction schedule provided and all conditions are met. Staff feels the conditions outlined in here are representative of what the Commission had originally considered a year ago. Mayor Benton declared a Public Hearing in session and asked if anyone in the audience wished to be heard. Mr. Paul D'Arelli, Attorney with Berger Singerman, said he is representing the property ownership. They do concur with Staff's recommendation tonight. They do appreciate their patience working though these issues over the last many months. The property owner remains committed to the development, which 13 Minutes of a Regular Meeting of the City Commision of November 2, 2009 Page 13 of 45 Copyright © 2009 City of Fort Pierce Florida Regular Meeting November 2, 2009 is why they are willing to write checks to secure their obligations in expectation of being able to move forward as soon as the tenant commitments are ready to move forward. The questions regarding the utilities, they have acquired some of the right-of-way. They have the three remaining pieces under contract and due to close before the end of the year, so they have those under firm commitment. He just confirmed with the ownership that in the event there is a property owner that needed to have easement rights over Newberry's property, if they needed to first run the lines before Newberry would get to that position, then they would be willing to accommodate those requests. It would be the same system they would all be tied into. Mayor Benton said they can't wait to go shopping out there. They know the economy has been tough, but they are glad this appears to be still on track. They are glad to see things progressing. Anything the Commissioners can do, let them know. Seeing no one further and hearing no one wishing to be heard, Mayor Benton declared the Public Hearing closed. Motion was made by Commissioner Sessions, seconded by Commissioner Alexander, (a) To approve the Development Agreement between the City and Cornerstone Fort Pierce Development LLC for Newberry Fields project; and (b) To approve the request submitted by Cornerstone Fort Pierce Development LLC for 3-year extension to the approved Site Plan for Newberry Fields at 2721 - 2785 South Jenkins Road. Those voting in favor of the motion were: Commissioners Alexander, Becht, Coke, Sessions, and Benton. Those opposed: None. Ordinance No. L-96 entitled, "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, AMENDING ARTICLE III OF THE CITY CHARTER ENTITLED "CITY COMMISSION"; AMENDING SECTION 18(1) "CREATION OF CITY COMMISSION", BY CHANGING THE TERM OF OFFICE FOR THE MAYOR AND/OR CITY COMMISSIONERS TO BEGIN ON THE FIRST REGULAR MEETING IN JANUARY AFTER THE NOVEMBER ELECTION; REPEALING ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE." was placed on second and final reading and read by title only. Mayor Benton declared a Public Hearing on Ordinance No. L-96 in session and asked if anyone in the audience wished to be heard. Seeing no one and hearing no one wishing to be heard, Mayor Benton declared the Public Hearing closed. Motion was made by Commissioner Becht, seconded by Commissioner Coke, that Ordinance No. L-96 be passed on second and final reading. Those voting in favor of the passage of Ordinance No. L-96 on second and final reading were: Commissioners Alexander, Becht, Coke, Sessions, and Benton. Those opposed: None. Ordinance No. L-97 entitled, "AN ORDINANCE OF THE CITY 14 Minutes of a Regular Meeting of the City Commision of November 2, 2009 Page 14 of 45 Copyright 0 2009 City of Fort Pierce Florida I DEVELOPER'S AGREEMENT THIS DEVELOPER'S AGREEMENT (the "Agreement") is entered into this day of , 2009, by. CORNERSTONE FORT PIERCE DEVELOPMENT, LLC, a Delaware limited liability (henceforth referred to as the "Developer"), whose mailing address is c/o ECHO Real Estate Services Company, 701 Alpha Drive, Pittsburgh, Pennsylvania 15238, and the CITY OF FORT PIERCE, a political subdivision of the State of Florida (hereafter referred to as the "Cj"), whose mailing address is City Hall, 100 North U.S. 1, Fort Pierce, FL 34950. WITNESSETH: WHEREAS, the Developer is the fee simple and equitable owner of certain real property located in Fort Pierce, St. Lucie County, Florida, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (hereafter referred to as the "Property'); and WHEREAS, the Developer intends to develop the property as a commercial development project to be known as Newberry Fields at Fort Pierce (the "Project") as shown on the plans drawn by Kimley-Born and Associates, Inc. dated , 2008 (the "Site Plan") and attached hereto as Exhibit "B"; and WHEREAS, the City has determined that entering into this agreement with respect to the development of the property is in the best interest of the citizens of the City of Fort Pierce; and WHEREAS, the City and the Developer desire to set forth certain terms, conditions and agreements with respect to the development of the Project upon the Property; and WHEREAS, the proposed Project is consistent with the general purpose, goals, objectives and standards of the City of Fort Pierce Comprehensive Plan and the City of Fort Pierce Land Development Code; and WHEREAS, on , 2008, the City Commission of the City of Fort Pierce approved a site plan for the project subject to the matters contained and set forth herein; and FAS � on , 20092&ttyornatisson of the 0ity of Fort Pierce approved stew l extension for filie project subjcect 4to' the Matters eontaihed and .set forth .............. herein; and WHEREAS, the City Commission held a properly noticed first public hearing to consider this Agreement on , 2009; and WHEREAS, the City Commission held a properly noticed second public hearing to consider this Agreement on , 2009; and NOW, THEREFORE, in consideration of the promises contained here and other good and valuable consideration exchanged by and between the City and the Developer, the receipt and sufficiency of such is hereby acknowledged, the parties hereto stipulate and agree as follows: 1. Recitals. The above recitals are true and correct, and are incorporated herein by reference. 2. Permittine and Permit Review. As provided herein, the parties recognize and agree that certain provisions of this Agreement may require the City, its departments, agencies and/or boards acting in their administrative capacities, to consider and apply applicable provisions in the City codes, plans or regulations, as well as to consider or implement other governmental actions relating to this Agreement. All such considerations and actions shall be undertaken in accordance with established requirements of State Statues and City Ordinances, including notice and hearing requirements where applicable, in the exercise of the City's jurisdiction under police power. Nothing in this Agreement is intended to limit or restrict the powers or responsibilities of the City in acting upon and applying the City's Comprehensive Plan or Code of Ordinances existing at the time of approval of the site plan. The parties fully recognize and agree that any proceedings incidental thereto shall be conducted openly, fully, freely and fairly in accordance with law in both substantive and procedural due process to be accorded the applicant and any member of the public. Nothing contained in this Agreement shall entitle the Developer to compel the City to take any actions, save and except to timely and fairly apply due process to such applications for permit approval as may flow from this Agreement. 3. Notices. Any notice, demand, consent, approval or other document or instrument required or permitted to be given to any party to this Agreement shall be in writing and shall be delivered in person or sent by registered or certified mail, postage prepaid, return receipt requested, to the following address (or such other address as any party may designate from time to time in writing): City: City Manager 100 North U.S. 1 Fort Pierce, FL 34950 'With a copy to: City Attorney 100 North U.S. 1 Fort Pierce, FL 34950 Developer: Cornerstone Fort Pierce Development, LLC c/o ECHO Real Estate Services Company 701 Alpha Drive Pittsburgh, PA 15238 With a copy to: Greenberg Traurig, P.A. 401 East Las Olas Boulevard, Suite 2000 Fort Lauderdale, FL 33301 Attention: Paul D'Arelli, Esq. And to: Cornerstone Fort Pierce Development, LLC c/o Cornerstone Real Estate Advisers LLC 180-Glastonbury Boulevard Suite 200 Glastonbury, CT 06033 Attention: Regional Counsel This forgoing is not intended to require that notice of the approval or denial of development permits be given as provided for in this provision. 4. Headings. Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this agreement, nor the intent of any provision hereof. 5. Counterparts. This Agreement may be executed in any number of identical. counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes and all such counterparts shall, collectively, constitute one agreement, but, in making proof of this, Agreement, it shall not be necessary to produce or account for more of such counterparts then are required to show that each party hereto executed at least one such counterpart. 6. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of Florida and venue with respect to any litigation between the parties related to this agreement shall be in St. Lucie County, Florida. 7. Permits, Conditions, Terms or Restrictions. The failure of this Agreement to address a particular permit, condition, tenn or restriction existing at the time of execution of this Agreement shall not relieve Developer of the necessity of complying with the law governing permitting requirements, conditions, terms or restrictions. 8. Amendments. This Agreement shall not be changed, modified or amended except by an instrument in writing and executed by the parties, or their successors in the interest. 9. Covenants Running with the Land. This Agreement shall be binding upon and shall inure to the benefit of the heirs, legal representatives, successors and assigns of the parties hereto, and shall run with title to the Property and be binding upon the successor and the assign of the Developer and upon any person, firm, corporation or entity who or which may become the successor in interest to the Property. 10. Further Documentation. The parties hereto agree that at any time following a request therefore by another party, each shall execute and deliver to the other party such other documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of any party hereunder and the consummation of the transactions contemplated hereby. 11. Remedies. The City and the Developer shall have the right to enforce the terms and conditions of this Agreement by, an action for specific performance. However, nothing in this Agreement shall be construed the limit and right of either the Developer or the City to pursue any and all remedies under the State or Federal constitution or other law relating to a party's nonperformance under this agreement. 12. - Waiver of Jury Trial. By the execution hereof, the Developer and the City knowingly voluntarily and intentionally agree that neither party shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure rising from or based upon this Agreement. 13. Entire Agreement. This Agreement constitutes the complete and entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior agreements, arrangements or understandings, whether oral or written, between the parties relating thereto. 14. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties to this Agreement and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party not a formal party hereto. Nothing in the Agreement, express or implied, is intended nor shall be construed to confer upon nor give any person or entity any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof, other then the parties hereto and their respective representatives, successors and assigns. .. -'T�m edateonyofthignhf gx�ectihott `liereof . Coaocy;s valid in oargimr;oa, with ,the approa el,ap�ment oiler as extended by the �% Corntt nisi+ n cm - ; ` , `2009. 16. Permitted Uses and Intensities. The permitted uses and intensities of development permitted on the Property in accordance with the Site Plan are as follows: Use: Commercial/Retail: 383,605 s.f. Population: none (no residential use) Maximum Building Height: 36 feet Any minor amendment to the Site Plan to increase the square footage of the Project, including building on the outparcels described on the Site Plan, shall not exceed 399,999 square feet. Furthermore, any proposed development of the outparcels reflected on the Site Plan shall require additional site plan and concurrency approval by the City in accordance with required standard procedures. 17. Required Local Development Permits. The local development permits required for development of the Proposed Development on the Property are described on Exhibit "D" hereto. 18. Public Facilities. The City has determined through concurrency review that upon compliance with Section 18 of this Agreement regarding roadway and utility facilities, there will be adequate public facilities to serve the Project. Concurrency approval shall be valid for the term equal to the approved development order, as may be extended by the City Commission. The public facilities that will service the Property include the following: Water: Fort Pierce Utility Authority Sewer: Fort Pierce Utility Authority Electricity: Fort Pierce Utility Authority Solid Waste: Stormwater: South Florida Water Management District; North St. Lucie River Water Control District Schools: not applicable since no residential use. Parks and Recreation: not applicable since no residential use. 19. Consideration and Conditions. In further consideration over and above the forgoing, the parties agree that site plan approval for the Site Plan by the City Commission shall be specifically conditioned upon the following: i) The Developer shall widen Jenkins Road ,to a four (4) lane configuration from State Road 70 (Okeechobee Road) to the southern site boundary (North St. Lucie River Water Control District Canal No. 39) as shown on the plans drawn by Kimley-Ilorn and Associates. Inc.. dated November 12. 2008 attached hereto as Exhibit "C". Said improvements to Jenkins Road shall be constructed on or before the date on which the first certificate of occupancy for the Project is issued by the City to the Developer or its successor ii) The Developer shall construct northbound left turn. and right turn lanes at the intersection of State Road 70 (Okeechobee Road) and Jenkins Road, as shown on the plans drawn by Kimley-Horn and Associates. Inc., dated November 12, 2008 attached hereto as Exhibit "C". Said turn lane improvements shall be constructed on or before the date on which the first certificate of occupancy for the Project is issued by the City to the. Developer or its successor. iii) The Developer shall construct approximately 2,010 linear feet of 24" force main and appurtenances along the easterly side of Jenkins Road, as shown on the plans drawn by Kimley-Horn and Associates, Inc., dated November 12, 2008 attached hereto as Exhibit "C". Said improvements to Jenkins Road shall be constructed on or before the date on which the. first certificate of occupancy for the Project is issued by the City to the Developer or its successor. iv) The Developer shall provide a fair share contribution in the amount of $20,312.50 towards the construction of a southbound right turn lane at the intersection of U.S. Highway 1 and Virginia. Avenue. Said contribution shall be provided by the Developer to the City on or before the date of issuance of the final development order for the Project by the City. v) The Developer shall provide a contribution in the amount of $5,086.55 towards the improvement of Crossroads Parkway from the intersection of State Road 713 (Kings Highway) to the La Quinta Hotel. Said contribution shall be provided by the Developer to the City on or before the date of issuance of the final development order for the Project by the City. vi) The Developer shall provide a contribution in the amount of $25,000 towards the City's Tree Fund to satisfy tree mitigation requirements. Said contribution shall be provided on or before the date on which the first certificate of occupancy for the Project is issued by the City to the Developer or its successor. vii)The Developer shall install full signalization at the north entrance to the Project on Jenkins Road prior to the issuance of the first certificate of occupancy for the Project in accordance with the plans drawn by Kimley-Horn and Associates, Inc., dated November 12, 2008. attached hereto as. Exhibit "C". viii) The Developer shall provide a fair share contribution in the amount of $156,687 towards the construction of improvements to the intersection of Kings Highway and Orange Avenue Sarcl curitr b�xttc�n shal0* prnui ed by t�terlopero St, Lucie=Cnurrty poor to issuance csf,herst'.buildig emit fvr the Protect ly the.City. IN WITNESS WHEREOF, the Developer and the City have caused this agreement to be dully executed by their respective authorized representatives on the day and year set forth below. ATTEST: CITY: CITY OF FORT PIERCE, FLORIDA Cassandra Steele, City Clerk By: Robert J. Benton, III Mayor, City of Fort Pierce APPROVED AS TO FORM AND CORRECTNESS: By: Robert V. Schwerer, City Attorney DEVELOPER: CORNERSTONE FORT PIERCE DEVELOPMENT. LLC. a Delaware limited liability company By: Massachusetts Mutual Life Insurance Company, its Managing Member By: Cornerstone Real Estate Advisers LLC, its Agent By: Name: Stephen H. Gould Title: Vice President 10 FTL 107,148, 506v5 9-24-09 AD666N -a— AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. K DATE: December 22, 2009 REGULAR [XX] PUBLIC HEARING [] CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Interlocal Agreement - Parks Impact Fee Funding BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: CONCURRENCE: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: _ Daniel S. 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., 09-1668 DATE: December 17, 2009 SUBJECT: Interlocal Agreement - Parks Impact Fee Funding BACKGROUND: Attached is a proposed Interlocal Agreement between the County and the City of Port St. Lucie. Under the terms of the proposed Agreement, the County would contribute $146,000 in Parks Impact Fee to the City as follows: • $82,500 will be used to build restrooms at Veterans Park • $15,000 will be used to purchase playground equipment at Kiwanis Park • $48,500 will be used to purchase playground equipment at Whitmore Park The funds would be paid on a reimbursement basis on or before December 1, 2010. Funding is available in Parks Impact Fee Zone B. RECOMMENDATION/CONCLUSION : Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. Ily submitted Daniel" S. McInty County Attorney DSM/caf Attachment 5* Draft - 11/17/09 INTERLOCAL AGREEMENT PARKS IMPACT FEE FUNDING THIS AGREEMENT entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and the CITY OF PORT ST. LUCIE, a Florida municipal corporation, hereinafter referred to as "City." WHEREAS, County and the City have agreed to cooperate in the funding of certain parks capital projects that the City has represented enhance capacity in the City (Restrooms at Veterans Park; Playground Equipment at Kiwanis Park; Playground at Whitmore Park (the "Projects"); and, WHEREAS, the City has determined that construction of the projects is consistent with the City's comprehensive plan; and WHEREAS, the City will be responsible for the design, permitting and construction of the Projects; and, WHEREAS, the County has agreed to assist the City in partially funding the Projects from the County's Parks Impact Fund for Zone 6 as hereinafter set forth. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Authorit): This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Interlocal Cooperation Act. 2. Funding.. The County will contribute to the City the amount of one hundred forty-six thousand and 0/100 ($146,000.00) dollars payable on a reimbursement basis on or before December 1, 2010, The City agrees to use the funds provided by the County as follows: • $82,500 will be used to build restrooms at Veterans Park • $15,000 will be used to purchase playground equipment at Kiwanis Park • $48,500 will be used to purchase playground equipment at Whitmore Park 5:\ATTY\AGREEMNT\INTERLOC\PSL-Parks Impact Fee Funding.wpd Pagel of 3 5th Draft - 11/17/09 The County will reimburse the City within thirty (30) days of receipt of a paid invoice or bill from the City which identifies the project and location. 3. Indemnity. To the extent allowed by law. the County agrees to indemnify the City in against litigation brought nanst the City and the County challenging the County's park impact fee wherein the City is brought in as a party as a result of this Agreement 34_. Whole Understanding This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 45. Amendment. The Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. §6. Filing; Effectiveness This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk ATTEST: Ci Ty Clerk 6k4PO 5:\ATTY\AGREEMNT\INTERLOC\PSL-Parks Impact Fee Funding.wpd BY: Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CITY O RT T. ORIDA BY: Mayor DATE: Page 2 of 3 5" Draft - 11/17/09 APPROVED AS TO FORM AND C7!z" BY: City Attorney 5:\ATTY\AGREEMNT\INTERLOC\PSL-Parks Impact Fee Funding.wpd Page 3 of 3 ITEM NO. III-B AGENDA REQUEST DATE: 12/22/09 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: Richard A. Bouchard, P.E. SUBMITTED BY: Public Works — Erosion District Erosion District Manager SUBJECT: Invitation to Bid - Upland Sand Sources for Emergency Dune Restoration BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Previously approved emergency contracts will expire on January 23, 2010. RECOMMENDATION: Board approval to solicit Invitations to Bid for viable upland sand sources and contractors to serve future post -storm emergency beach and dune restoration needs. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sionatures County Attorney (x) OMB Director Purchasing Daniel S. McIntyre Originating Dept. ( x ) W Doriald B. West AGEND359.SAND Erosion District (X) Marie Go in Desiree Cimino (x)� Richard A. Bouchard Public Works Erosion District MEMORANDUM TO: St. Lucie County Erosion District Board THROUGH: Donald B. West, P.E., Public Works Director��• FROM: Richard A. Bouchard, P.E., Erosion District Manager DATE: December 22, 2009 SUBJECT: Invitation to Bid - Upland Sand Sources for Emergency Dune Restoration ITEM NO.: III-B Backaround: Severe episodic erosion of St. Lucie County beaches has prompted the need for the County to be in a better position to deal with future post -storm emergency beach and dune restoration needs. Concerns regarding the quality of sand for dune restoration warrant identification of sand sources acceptable to permitting authorities in advance of future emergencies. The intent of this Invitation to Bid is to identify and secure contracts for the supply, transportation and placement of suitable beach - compatible sand for dune restoration in St. Lucie County following future storm events. The Board did previously approve two upland sand contracts that are set to expire on January 23, 2010. Recommendation: Board approval to solicit Invitations to Bid for viable upland sand sources and contractors to serve future post -storm emergency beach and dune restoration needs. ITEM NO. III-C AGENDA REQUEST DATE: 12/22/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West �'' SUBMITTED BY: Erosion District Public Works Dir cto SUBJECT: Requests for Qualification (RFQ) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to advertise a Request for Qualifications for artificial reef consultants. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/S is n atu res County Attorney ( X) OMB Director Budget Analyst Dan McIntyre Originating Dept. ( X) A • Erosion District Do ald B. West (X) M/401 Marie Gouin Tawonna Johnson (X> Richard A. Bouchard 7c6@uNTY F L O R I D A Public Works Department MEMORANDUM TO: Erosion District Board TRHOUGH: Donald B. West, Public Works Director 1 FROM: James B. Oppenborn, M.S. Marine Resources Coordinator 7(, DATE: December 22, 2009 SUBJECT: Requests for Qualification (RFQ) ITEM NO. III-C Background: The St. Lucie County Erosion District through the Artificial Reef Program has enjoyed renewed success in deploying artificial reefs over the last 40 months. In that time, 19 new artificial reefs have been created by 27 deployments, providing more than 4.45 acres (193,875 square feet) of hard bottom habitat for 97 species of fish and numerous other marine organisms. The contract with the current marine consultant expired November 22, 2009. Staff is requesting permission to initiate the RFQ process. An artificial reef consultant is needed to prepare permit applications, artificial reef surveys, and monitor artificial reef construction. Previous Action: September 27, 2005 - Erosion District Board approved the ranking of the Competitive Selection Committee and gave permission to negotiate prices with the top 3 ranked firms (Taylor Engineering, Inc., Lee Harris, P.E., Ph D., and Marine Resources, Inc.) for RFP #05-086. Recommendation: Board approval to advertise a Request for Qualifications for artificial reef consultants. MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stiucieco.org 111iFfinfi inful#ilitttNii#i iii# l#11ii##i€iiiilliii #t##ii #ti#i##ti#il [#iii lii ##tiit##iitrtli t#it i Ciiti tlii[i#i#iiC#iiiit iil li #ll i#JI Chris Dzadovsky, Chairman District No.1 Paula A. Lewis, Vice Chair District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 a##ui ####uu##i#t imtuui�######t>r#i i iu uur#i�i####i �� ii>iif�> # i i uu�i tiaiia#ti ate# ii��ifiir# r #fe ,I WHIUMamilluji MINUTES Approve the minutes from the December 8, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 11 and 12. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 8, 2009 Convened: 11:56 a.m. Adjourned: 11:57 a.m. Commissioners Present: Chris Dzadovsky, Chairman, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk I. MINUTES Approve the minutes from the November 24, 2009 meeting. It was moved by Com. Lewis, seconded by Com. Grande, to approve the minutes from the meeting held November 24, 2009, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved b y Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 9 and 10. The Board approved Warrant List No. 9 and 10. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court PAGE 1 12/11/09 FZABWARR FUND 145 ST. LUCIE COUNTY - BOARD WARRANT LIST #11- OS-DEC-2009 TO 11-DEC-2009 FUND SUMMARY- MOSQUITO EXPENSES Mosquito Fund 15,067.08 TITLE GRAND TOTAL: 15,067.08 PAYROLL 36,352.58 36,352.58 12/18/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #12- 12-DEC-2009 TO 18-DEC-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 18,397.06 GRAND TOTAL: 18,397.06 PAGE 1 PAYROLL 0.00 0.00 ST. LUCIE COUNTY EROSION DISTRICT EROSION DISTRICT www.cost-lucie.fl.us www.stlucieco.org r�r� ..District atlaa�araar uti r erla illionituilungChr is Craft, Chairman No.t�5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 . �hil�ii� thr�tlli�at MINUTES Approve the minutes from the December 8, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 11 and 12. B. PUBLIC WORKS Invitation to Bid — Upland Sand Sources for Emergency Dune Restoration Consider staff recommendation to approve to solicit Invitations to Bid for viable upland sand sources and contractors to serve future post -storm emergency beach and dune restoration needs. C. PUBLIC WORKS Request for Qualification (RFQ) Consider staff recommendation to approve to advertise for Qualifications for artificial reef consultants. 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. 12/18/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #12- 12-DEC-2009 TO 18-DEC-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 1,209.41 GRAND TOTAL: 1,209.41 PAGE 1 PAYROLL 0.00 0.00 EROSION CONTROL BOARD ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 8, 2009 Convened: 11:58 a.m. Adjourned: 11:59 a.m. Commissioners Present: Chris Craft, Chairman, Paula A. Lewis, Doug Coward, Chris Dzadovsky, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES Approve the minutes from the November 24, 2009 meeting. It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve the minutes of the meeting held November 24, 2009, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 9 and 10. The Board approved Warrant List No. 9 and 10. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 12/11/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #11- 05-DEC-2009 TO 11-DEC-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 4,100.98 GRAND TOTAL: 4,100.98 PAGE 1 PAYROLL 5,114.88 5,114.88