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January 12, 2010
9:00 A.M.
BOARD OF COUNTY COMMISSIONERS
AGENDA
REVISED 0111112010
WELCOME
ALL MEETINGS ARE TELEVISED.
ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE.
PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS.
PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS.
GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted
at today's Board meeting.
CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests.
REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the
Commission will discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as
possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or
as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed r� 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.
January 12, 2010
9:00 A.M.
BOARD OF COUNTY
COMMISSIONERS
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Charles Grande, Chairman
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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
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III: MINUTES
,\ V Approve the minutes from the January 5, 2010 meeting.
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IV.� PROCLAMATIONS/PRESENTATIONS
j A. Resolution No. 10-020 proclaiming January 23, 2010 as "The Agricultural and Labor Program, Inc.
42^d Anniversary Day" in St. Lucie County, Florida.
Consider staff recommendation to adopt Resolution No. 10-020 as drafted.
V. GENERAL PUBLIC COMMENT
;I. CONSENT AGENDA
A. WARRANTS
Approve warrant list No. 14 & 15
B. COUNTY ATTORNEY
Air Charter of Florida, Inc. - Consent to Sublease Agreement with Robert Rigel
Consider staff recommendation to approve consent to the Sublease Agreement between
Air Charter of Florida, Inc., and Robert Rigel.
2. Health Department
Consider staff recommendation to approve the leases for the Health Department's WIC
Program as reviewed by the County Attorney.
C. PARKS AND RECREATION
Second Contract Amendment, Lisa's Kayaks, Inc.
Consider staff recommendation to approve of the Second Amendment to the February 26, 2008
Concession Lease Agreement C08-02-157 with Lisa's Kayaks, Inc. as outlined in the agenda
memorandum and authorization for the Chairman to sign documents as approved by the County
Attorney.
D. SOLID WASTE
Hydraulic control system
Consider staff recommendation to approve and authorize the Chairman to execute a Work
Authorization for CDM, as prepared by the County Attorney, for engineering services as outlined in
the agenda memorandum for a total cost of $314,760.
E. HUMAN RESOURCES
Prison Health Services Inmate HIV Medications Invoice for November, FY 09-10.
Consider staff recommendation to approve payment of Prison Health Services invoice number
PHS0006983 for HIV Meds for the period of November 01, 2009 thru November 30, 2009 in the
amount of $46,354.62.
F. CENTRALSERVCES
Award Bid No. 09-077 — St. Lucie Courthouse Annex Renovations
Consider staff recommendation to approve to award Bid No. 09-077 to Boran Craig Barber Engel
Construction Company and authorize the Chairman to sign documents as approved by the County
Attorney.
G. OFFICE OF MANAGEMENT AND BUDGET/PURCHASING
Bid No. 09-072, Courier Services for the 19"' Judicial Circuit
Consider staff recommendation to approve to award Bid No. 09-072, Courier Services for
the 19"' Judicial Circuit, to Medical Logistic Solutions, Inc. of Denver, Colorado and
authorization for the Chairman to sign documents as approved by the County Attorney.
2. Request for Proposal (RFP) No. 09-071, Disaster Debris Monitoring Management and
Consultant Services.
Consider staff recommendation to approve to award RFP No. 09-071, Disaster Debris
Monitoring Management and Consultant Services, to Neel -Schaffer, Incorporated of Vero
Beach as the primary consultant and Beck Disaster Recovery, Incorporated and Solid
Resources, Incorporated as the secondary consultants and authorization for the Chairman
to sign documents as approved by the County Attorney.
H. COMMUNITY SERVICES
Equipment Request
Consider staff recommendation to approve Equipment Requests No. 10-017 and No. 10-
018, Budget Amendment No. 10-008 and authorization for the Chairman to sign
documents as approved by the County Attorney.
Single County Designation
Consider staff recommendation to approve of Resolution 10-013 which establish St. Lucie
County as the single County designee for transit grant programs for the Port St. Lucie
Urbanized Area (PSL UZA); and authorization for the Chairman to sign documents as
approved by the County Attorney.
H. COMMUNITY SERVICES CONTINUED
3. Federal Transit Administration (FTA) 5311 Operations Grant
Consider staff recommendation to adopt Resolution No. 10-023 authorizing submission of
an application to Florida Department of Transportation (FDOT) for the FTA 5311 Non -
Urbanized Area Formula Program and authorization for the Chairman to sign documents
as approved by the County Attorney.
4. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing
Replacement Bids
Consider staff recommendation to approve to reject and re -bid CDBG DRI Housing
Replacement Bids Three and Four.
5. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI)
Modification
Consider staff recommendation to approve of Modification Four to the CDBG DRI grant,
and authorization for the Chairman to sign necessary documents as approved by the
County Attorney.
GROWTH MANAGEMENT
Acceptance of Smart Growth Committee Recommendations
Consider staff recommendation to accept the Smart Growth Committee Recommendations as
presented in the attached memorandum.
J. SHERIFF
Authorization to accept the 2010 Recovery Act: Edward Byrne Memorial Justice Assistance Grant
Consider staff recommendation to approve Budget Resolution No. 10-022 and authorize the
acceptance of the 2010 Recovery Act: Edward Byrne memorial Justice Grant (2010-ARRC-STLU-
4-W7-284) in the amount of $292,939.
END OF CONSENT AGENDA
VII. PUBLIC HEARINGS
A. There are no public hearings scheduled for January 12, 2010.
END OF PUBLIC HEARINGS
VIII. COUNTY ATTORNEY
American Recovery and Reinvestment Tax Act of 2009 (Recovery Zone Facility Bonds) Wyndcrest DD
Florida, Inc; Resolution No. 10-034
Consider staff recommendation to approve Resolution No. 10-034 and authorize the Chairman to; sign the
Resolution.
ADDITION TO THE AGENDA
IX. ADMINISTRATION
Treasure Coast Education & Research Development Authority
Consider staff recommendation to selects two applicants from the applications submitted to fill the two
vacancies on the Treasure Coast Education & Research Development Authority.
ANNOUNCEMENTS
1. St. Lucie County will conduct workshops on the Western Lands Study on Thursday, January 14,
2010 and Thursday, February 11, 2010 from 9 a.m. — 3 p.m. at the IFAS IRREC located at 2199
South Rock Road, Fort Pierce. For more information please contact Kara Woods, Planning
Manager at 772-462-2822. To RSVP please contact Sarah Smith 772A62-2380
smiths anstlucieco.org
2. The Board of County Commissioners will hold a Public Workshop on the Airport Master Plan on
Monday, February 1, 2009 at 6:00 p.m. in the County Commission Chambers.
3. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, January
26, 2010 at 1:30 p.m. in Conference Room #3.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at
these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is
made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings
will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
MOSQUITO CONTROL DISTRICT
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Chris Dzadovsky, Chairman F 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
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MINUTES
f �(' Approve the minutes from the December 22, 2009 meeting.
II. GENERAL PUBLIC COMMENT
III. CONSENT AGENDA
A. WARRANTS
'K Approve warrant list No. 13, 14 and 15.
B. OFFICE OF MANAGEMENT AND BUDGET/PURCHASING
Bid No. 10-007, Purchase of Pesticides
Consider staff recommendation to approve to award Bid No. 10-007, Purchase of Pesticides, to
Adapco, Incorporated and Clarke Mosquito Control Products Incorporated and authorization for the
Chairman to sign the documents as approved by the County Attorney.
C. COUNTY ATTORNEY
Second Amendment to February 2000 License Agreement with Florida Power & Light Company
Consider staff recommendation to approve the proposed Second Amendment to the February 22,
2000 License Agreement with Florida Power & Light Company and authorize the Chairman to sign
the Second Amendment.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at
these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is
made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings
will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
EROSION DISTRICT
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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
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MINUTES
Approve the minutes from the December 22, 2009 meeting.
II. GENERAL PUBLIC COMMENT
III. CONSENT AGENDA
A. WARRANTS
L. Approve warrant list No. 13, 14 and 15.
B. PUBLIC WORKS
Artificial reef grant application
Consider staff recommendation to approve an artificial reef construction grant application to the
National Geographic Conservation Trust for $20,000.
C. PUBLIC WORKS
Fort Pierce Beach Restoration Project and Sand Bypassing
Consider staff recommendation to approve FDEP Project Agreements 09SL2 and Amendment No.
2 to 07SL3 along with Work authorizations No. 02 and No. 03 with Taylor Engineering, Inc. and
supporting Budget Resolution No.10-001.
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.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: January 5, 2010 Convened: 6:00p.m.
Adjourned: 7:10 p.m.
Commissioners Present: Chairman, Charles Grande, Doug Coward, Chris Craft, Paula A. Lewis, Chris
Dzadovsky
Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Heather
Young, Asst. County Administrator, Debra Brisson, Parks and Rec. Director, Beth Ryder, Community
Services Director, Mark Satterlee, Growth Management Director, Ken Mascara, Sheriff, Joseph E. Smith,
Clerk of the Circuit Court, Millie Delgado -Feliciano, Deputy Clerk
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the December 22, 2009 meeting.
It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held
December 22, 2009, and; upon roll call, motion carded unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
A. COUNTY ATTORNEY
Resolution No. 10-011 — A resolution recognizing the contributions of the Teen Anglers to the St.
Lucie County Artificial Reef Program.
Consider staff recommendation to adopt Resolution No.10-011 as drafted.
It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve Resolution No. 10-011,
and; upon roll call, motion carried unanimously.
Mr. Jim Oppenbom was present to accept the proclamation.
B. COUNTY ATTORNEY
Resolution No.10-014 proclaiming January 9, 2010 as "Delia Lane Day" in St. Lucie County,
Florida.
Consider staff recommendation to adopt the attached Resolution No.10-014 as drafted.
It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No.10-014, and;
upon roll call, motion carried unanimously.
Mrs. Delia Lane was present to accept the proclamation.
Com. Dzadovsky addressed the Blood Drive which took place on November 18, 2009. He advised
the Board and those present of the 1,083 pints of blood donated on behalf of the VanDozer
Foundation. Those who participated in the blood drive were, Ken Mascara, St. Lucie County
Sheriff, Chief Parish, St. Lucie County Fire District, Dr. Massey and the St. Lucie County Court
System.
Mr. Scoff VanDozer was present and thanked those who participated and supported the drive.
—1—
Mr. Mike Pratt, Chief Operating Officer for the Blood Center advised the Board and those present
that over 1,000 people came to the pizza parlor owned by Mr. VanDozer to donate blood. He
advised those present the 1,083 pints donated would help over 3,000 people with various needs.
V. GENERAL PUBLIC COMMENT
Mr. George Baker, Port St. Lucie resident, addressed the Board and expressed his appreciation for their
support in providing the citizens of the county with such great parks. He urged the residents viewing the
meeting tonight to visit one of the many parks the county has provided.
Mr. Marty Lavin, South Hutchinson Island resident and past President of the Marine Industry Association of
the Treasure Coast addressed the Board and thanked Mr. Oppenborn and the Teen Anglers. He thanked
the Board for maintaining the quality of our water and access. He advised the Board he attended the
Economic Development Council luncheon and was impressed with the fact the council has made their main
target the renewable energy industry. He also represents Climatic Solar as one of their Renewable Energy
Specialists. The firm will be having a wine and learn (public teaching programs on solar) on January 27,
2010. If anyone is interested, he asked they contact Climatic Solar.
A member of the Board of Directors for Nettles Island (unintelligible name given) addressed the Board and
thanked them for their consideration on Resolution 10-015 a resolution requesting a traffic signal be placed.
Mr. John Arena, Ft. Pierce resident, addressed the Board regarding fertilizer management and stated the
Indian River Lagoon would benefit from the Phospherous and Nitrogen application type of management
plans.
Mr. Bill Kates, Nettles Island thanked the Board for considering Resolution No. 10-015. He advised the
Board they have a senior citizen community where they must cross in an area where there are pools and
ocean front property.
VI. CONSENT AGENDA
It was moved by Com. Dzadovsky, seconded by com. Coward, to approve the Consent Agenda, and; upon
roll call, motion carried unanimously.
A. WARRANTS
Approve warrant list No.13
The Board approved Warrant List No. 13.
B. COUNTY ATTORNEY
Request Permission to Advertise Notice of Intent to vacate a portion of the Plat of Airport
West Commerce Park Phase I as recorded in Plat Book 60, Pages 31-35
The Board authorized staff to advertise a Notice of Intent to vacate a portion of the Plat of
Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31-35.
2. First Amendment to Road Improvement Agreement with KB Homes for Neill Farms
Development
The Board approved the First Amendment with KB Homes.
3. Resolution No.10-015 — Supporting the request of Nettles Island Community Action
Association for a traffic light at South Hutchinson Island along A-1-A at the entrance to
Nettles Island.
The Board adopted the attached Resolution No.10-015 supporting
the request of Nettles Island Community Action Association for a traffic light at South
Hutchinson Island along A-1-A at the entrance to Nettles Island.
Mr. Mark Boston, Nettles Island resident, addressed the Board and thanked them for
their support and the drafting of Resolution No.10-015.
—2—
4. Bear Point Mitigation Bank — Credit Reservation Agreement with River Pak Place 2, L.P.
The Board approved the proposed Credit Reservation Agreement
with River Park Place 2, L.P., and authorized the Chairman to sign the agreement.
5. IMIIfft
HM, - Supporting the efforts of Bill Wallace and the
Wallace Automotive Group to remain a presence in St. Lucie County as a Chrysler Jeep
and Cadillac Dealer.
The Board adopted the attached supporting the
efforts of Bill Wallace and the Wallace Automotive Group to remain a presence in St.
Lucie County as a Chrysler Jeep and Cadillac Dealer.
Com. Grande addressed those present and stated one of the Board's key aim is jobs and
the local economy. At the national level there have been decisions made to close some
of our local dealerships. They are writing to the appeals board in hopes they will keep the
dealerships open.
Mr. Bill Wallace, Wallace Automotive Group addressed the Board and stated on behalf of
the 80 jobs they thanked the Board for their support and stated they would provide
information to anyone who would like to send letters.
6. Request to amend and approve a Contractual Rate Agreement with United for Families,
Inc. (UFF) for drug screening services received at the St. Lucie County Drug Screening
Lab for FY 2009 through FY 2012.
The Board approved the Amended Contractual Rate Agreement with United for Families,
Inc. for screening clients receiving services, and fees will be paid in part or whole, by UFF
and authorized the Chairman to sign the Amended Contractual Rate Agreement.
7. Agreement with Sheriff Regarding Media Relations
The Board approved the Agreement with the Sheriff and authorized
the Chairman to sign.
8. Madison Vines, L.L.C. - Donation Agreement for Transit Shelter and Related
Infrastructure
The Board approved the proposed agreement with Madison Vines, L.L.C., and authorized
the Chairman to sign the agreement.
C. PUBLIC WORKS
Mainline Supply Conditional Acceptance — Maintenance Agreement
The Board approved the conditional acceptance of the public improvements and the
Maintenance Agreement.
2. Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA)
Amendment Number Three — ANS-69 Repairs to Damaged County Roads Caused by
Hurricane Jeanne
The Board approved Amendment Number Three to the JPA with the FDOT for ANS-69
Repairs to Damaged County Roads Caused by Hurricane Jeanne, and authorized the
Chairman to sign documents as approved by the County Attorney.
3. Lennard Road 1, 2, and 3 Municipal Service Benefit Units (MSBUs)
The Board authorized the public hearing for the Lennard Road MSBUs to be held on
February 2, 2010, as outlined in the agenda memorandum.
D. COMMUNITY SERVICES
Modification to the agreement with St. Lucie Inspired Network to Achieve Community Together
(INTACT)
--3—
The Board approved the amendment extending the term of the agreement to September 30, 2010;
approval of Budget Resolution 10-012; and authorized the Chairman to sign documents as
approved by the County Attorney.
Ms. Stephanie Myers, Community Services, advised the Board they are continuing to assist those
residents who had damage from Tropical Storm Faye and also have helped 350 residents with
mitigation.
E. AIRPORT
Runway 10R/28L Rehabilitation
The Board approved the First Amendment to PBS&J Work Authorization No. 7 for Resident Project
Representative Services for the Runway 10R/28L Rehabilitation for a lump sum of $1,650 and no
additional time; and authorized the Chairman to sign the document as approved by the County
Attorney.
SHERIFF'S OFFICE
Draw Request —January 2010
The Board approved the Sheriffs double draw request for January 2010 in the amount of
$5,563,163.
(Amount requested; 1st draw total = $5,563,163) (2^d draw total = $5,563,163)
This is a total of $11,126,326 for the month of January.
END OF CONSENT AGENDA
VII. PUBLIC HEARINGS
A. COUNTY ATTORNEY
Ordinance No.10-003 (formerly 09-009) — Historic Preservation
This is the first of two public hearings. No Board action is needed at this time. The second hearing
will be held on February 2, 2010, at 6 p.m. or as soon thereafter as may be heard.
The Assistant County Attorney addressed the Board on this item and advised the Board staff
recommended making changes to Ordinance 05- 003 adopted on August 2, 2005. This
recommendation was made in order to bring it into compliance with case law and Florida Certified
Local Government requirements. By becoming a certified local government, St. Lucie County
would be eligible for state and federal grants related to Historic Preservation.
The state preservation officer has reviewed the proposed ordinance and found it complies with the
requirements for certification. On May 26, August 25, September 22 and October 27, 2009 the
Historical Commission reviewed the proposed Ordinance and unanimously recommended
forwarding it to Planning and Zoning Board with suggested revisions. On November 19, 2009 the
Planning and Zoning Board unanimously voted to forward the Ordinance to the County
Commission for approval directing staff to take into account the comments provided by the public
and members of the Commission.
The draft ordinance incorporates the following elements that differ from the existing Historic
Preservation Ordinance which was adopted in 2006:
Chapter 2.00.00LDC
Changes definition of Historic Resource to match definition of Exceptional
Historic Resource in the Historic Preservation Ordinance
Replaces Florida Master Site File threshold with registration on National, State
or Local Historic Registries
—4—
Chapter 4.11.01 LDC
Incorporates Historic Preservation Ordinance into the Land Development Code
Creates Historic Preservation Board of five professional experts and two lay
persons, as required by case law and the Florida Certified Local Government
standards
Changes definition of "Exceptional Historic Resource" to match criteria used by
National Register of Historic Places, but on the local level
Deletes definition of "Resource of Exceptional Importance" because it is never
mentioned in the ordinance again
Adds "midden" to the definition of "mound"
Removes confusing procedure for reviewing applications to the National Register and
replaces with procedure required by State Preservation Board
Provides for withdrawal of application by applicant anytime before final Board decision
Gives Historic Preservation Board 60 days to accept or reject application for
designation
Growth Management Director or designee (Historic Preservation Officer) examines
any application for a resource, site or structure which may be over 50 years old or an
archaeological site listed on the Florida Master Site File and determines if it reasonably
could meet criteria of Exceptional Historic Resource in Historic Preservation Ordinance
within 30 days of receipt:
If not, application goes back to originating department
If so, application goes to Historic Preservation Board under its Emergency powers
in the Historic Preservation Ordinance
Provides that Emergency Powers can only be used if a structure or site is an
Exceptional Historic Resource (one that can be designated without the permission
of the property owner)
Review of developments in archaeological zones will be done through the development
review process rather than a Special Certificate of Appropriateness. Copies of
archaeological reports will be provided to staff when required by Code then to Planning
and Zoning and the BOCC
Provides that any fines collected for violations of the Historic Preservation Ordinance be
placed in the Historic Preservation Trust Fund
Provides that the BOCC may establish a Historic Village
Chapter 1-10.2 Code and Compiled Laws, Historic Preservation Ordinance
Deletes Historic Preservation Ordinance from Code and Compiled Laws as it
Is incorporated into Chapter 4 of the Land Development Code
Chapter 1-16 Code and Compiled Laws, Historical Commission
Deletes the Historical Commission because its duties (collection of data and marking
of historic sites) have been assumed by County museum staff and the Historic
Preservation Board (historic preservation)
The changes recommended by members of the public or members of the Planning and Zoning
Commission and incorporated into the Ordinance by staff are summarized as follow:
Deletion of the creation of two alternate members of the Historic Preservation Board.
Staff recommended this language in response to Historical Commission concerns that the
new Historic Preservation Board may have trouble getting quorum if the professionals on
it have frequent conflicts of interest which prevent them from voting on an item. The
—5—
Planning and Zoning Commission felt that this policy was inconsistent with County policy
as no other board has alternates, that it would cause confusion, and that the problem of
conflicts of interests would not be that great.
At the Planning and Zoning meeting, a member of the public and a member of the
Commission expressed their concern that the Florida Master Site File was not taken into
account in the draft ordinance. The following language has been added to the definition
of "Historic Resource": "Listing on the Florida Master Site File may indicate historic,
architectural, engineering, cultural or archaeological value".
The changes recommended by the Historical Commission and/or Planning and Zoning
Commission and NOT incorporated into the Ordinance by staff are summarized as
follows:
The Historical Commission requests that the new Historic Preservation Board
retain the name "Historical Commission" rather than "Historic Preservation
Board" to allow for continuity of a group that has been in existence since 1963.
Staff has not objection to this request. The Planning and Zoning Commission
recommended that the name "Historical Commission" be used. Staff requests
guidance from the Board of County Commissioners before making such
extensive revisions to the text of the Ordinance.
The Historical Commission prefers that the Board of County Commissioners
makes final decisions with respect to Special Certificates of Appropriateness,
rather than the Historic Preservation Board. The Historical Commission feels
that the Board of County Commissioners would have more authority to negotiate
mitigation with property owners. Staff does not agree with this suggestion
because we feel that it would create an undue burden on the Board of County
Commissioners to review these applications and the professionals who will
constitute the new Historic Preservation Board will be uniquely qualified to make
such decisions. The Planning and Zoning Commission did not make a specific
recommendation to staff regarding this issue, but discussion indicated that they
leaned toward having the Board of County Commissioners make final decisions
on special certificates of appropriateness. Staff requests guidance from the
Board as to its wishes on this issue.
The Historical Commission suggests that the Ordinance give either the County or
private citizens the right to enter onto historically designated properties and
repair them in cases of extreme affirmative neglect. This suggestion stems from
the Historical Commission's concerns regarding the Robinson House, which was
designated by the Board of County Commissioners but is in a state of severe
disrepair and is in the process of being foreclosed. Though staff agrees that
situations such as the Robinson House are unfortunate, staff does not agree that
either the County or private citizens should be given the right to enter onto
someone else's private property to repair it. Staff does not think that such a right
can be given through a County ordinance, nor would it stand up to legal
challenge. These situations may be better addressed through grant programs
which assist property owners in repairing their own properties. At the Planning
and Zoning meeting, a member of the public and a member of the Commission
spoke in favor of this issue. Though the Planning and Zoning Commission did
not make a specific recommendation on this issue, the discussion indicated that
only one member of the Commission was in favor of it and staff reiterates its
recommendation that the Board of County Commissioners not include this in the
ordinance.
The Historical Commission recommends deleting the current exception to
Certificates to Dig for swimming pool excavation. Staff does not object to
this suggestion. However, staff recalls that this was a topic of contention
when the original Historic Preservation Ordinance was passed in 2005 and
the Board at that time decided to allow an exception for excavation of swimming
pools. At the Planning and Zoning meeting, a member of the public spoke in
favor of this suggestion, but the Commission did not give staff specific direction
on it. Staff seeks guidance from the Board of County Commissioners regarding
this language.
The Historical Commission recommends adding language which would give the
Historic Preservation Officer emergency powers to stop activity on a properly if
Previously -undiscovered archaeological material is found. Staff objects to this
recommendation for several reasons. First, State law already requires that
any discovery of human remains be reported to the state. Second, the County
previously performed an archaeological survey and any development activity
in an archaeological zone would be reviewed during the development process.
Third, the proposed language would inordinately burden private property rights
and be hard to legally defend. Fourth, a process already exists in the ordinance
to have archaeologically significant property designated. If someone discovered
that his neighbor had excavated an archaeologically significant object, he could
that to the attention of a local historic group and they could petition to have the
property designated. At the Planning and Zoning Commission meeting, a
member of the public and a member of the Commission spoke in favor of this
issue. Though the Planning and Zoning Commission did not make a specific
recommendation on this issue, the discussion indicated that only one member
of the Commission was in favor of it and staff reiterates its recommendation that
the Board of County Commissioners not include this in the ordinance.
The Historical Commission suggests that the Ordinance require that the Historic
Preservation Board meet six times a year, rather than four times a year. Staff
does not agree with this recommendation because the new Advisory Board
Procedures adopted by the Board of County Commissioners state that advisory
boards should only meet when there is action to be taken. The state Certified
Local Government programs requires that the Historic Preservation Board meet
at least four times a year, but if the Chad and staff do not have any items to bring
to the Board beyond those four meetings, they should not be required to meet.
At the Planning and Zoning Commission meeting, a member of the public spoke
in favor of this issue. Though the Planning and Zoning Commission did not
make a specific recommendation on this issue, the discussion indicated that they
were in favor of it. However, staff reiterates its recommendation that the Board
of County Commissioners keep the required meetings to four times a year.
The Historical Commission suggests that the new Historic Preservation Board
be given the duties of the Historical Commission relating to data collection and
marking of historic sites. A member of the public and the discussion of the
Planning and Zoning Commission indicated a desire to give these duties to the
Historic Preservation Board. However, staff does not recommend this. The
Historical Commission has not collected data or placed historic markers for many
years . The collection of data is now the responsibility of museum staff. Because
of the limited staff resources to do the extensive research involved, staff
requests that the marking of historic sites be left out of the responsibilities of the
new Board. This type of activity is frequently done by private civic and historic
organizations who are better equipped to handle it.
A member of the Planning and Zoning Commission pointed out that section
4.11.05(B)(3), which sets out when a member is deemed resigned, does not
match the draft language for Chapter 12 of the Land Development Code.
However, Chapter 12's language only applies to the Planning and Zoning Board.
The language in section 4.11.05 (B)(3) is consistent with the new Advisory Board
procedures.
Com. Dzadovsky questioned if in re -doing this ordinance there was a fund available for those who are attempting to
store preservation and or purchase historic property or have historic property.
The Asst. County Attorney stated there was a historic preservation trust fund, however there are no funds in it
currently.
Com. Dzadovsky asked if there was a way to create a fund similar to the solar and renewable energy financial
institution funded by grants and hopefully perpetuating this down the road.
The Asst. County Attorney stated they could look into this request. This is a lot of the motivation in becoming a local
certified government.
Com. Dzadovsky questioned the moving of such properties.
The Asst. County Attorney stated is criteria for designation if it can be moved intact. She also advised the Board in
some instances moving the structure can destroy the historical integrity of the historical value.
—7—
Com. Dzadovsky asked if he someone was to purchase historical property, were there tax credits and if they could be
transferable.
The Asst. County Attorney advised the Board there would be tax credits on the value of the improvements made.
Com. Dzadovsky encouraged diversity be considered when appointing the Board members in order to present a
point of view.
The Asst. County Attorney addressed the eight bullets presented and requested guidance on the first three issues
due to the fact it would be time consuming when making changes. She also requested any input for the remaining
five issues should the Board desire to address them today otherwise she could walk them around before the next
public hearing.
Ms. Lucille Rice, consultant to the Historical Preservation Commission addressed the letter from Bob Carr, the
archaeologist. He completed the survey and at that time he felt swimming pools should be included and this is a
good time to do so. She recommended a cocquina fire place built in 1944 be obtained by a conservation easement
from the county. It is located at 4111 S. Indian River Drive. She also addressed the Robinson house that is in
terrible condition and close to being demolished by neglect.
Com. Dzadovsky addressed what he felt should be handled at the state level, Florida delegation. He believes
creating legislation would be more helpful. He addressed the fact that it is very difficult to go on private property
without the consent of the owner.
Ms. Kara Woods, Historical Preservation Officer addressed the Board and stated they do have a map indicating
archealogical zones. She also addressed the process for swimming pools.
No action necessary this is the first of two public hearings.
GROWTH MANAGEMENT
Consider the petition of PJ Development, LLC for the Conditional Use Permit for the project to be
known as SL2623 Coastal Telecommunication Tower.
Consider staff recommendation to adopt Draft Resolution No. 10-002 approving the request for a
Conditional Use Permit as outlined in the agenda memorandum.
Staff advised the Board she would be presenting information on both agenda items B and C and
informed them the petitioner was requesting a continuance for both items however they will require
two separate motions.
It was moved by Com. Craft, seconded by Com. Lewis, to continue this item for February 2, 2010
at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried
unanimously.
C. GROWTH MANAGEMENT
Paving waiver request for PJ Development, LLC from the paving requirements of Section 7.05.07
of the St. Lucie County Land Development Cede for the access roads (Russakis Road and Russos
Road).
Consider staff recommendation to adopt Resolution No. 10-003 approving the paving waiver
GENDA
It was moved by Com. Craft, seconded by Com.
at 6:00 p.m. or as soon thereafter as it may
unanimously.
Vill. GROWTH MANAGEMENT
Lewis, to continue this item for February 2, 2010
be heard, and; upon roll call, motion carded
Petition of BPSC Industries, LLC Major Site Plan located at 2525 Center Road.
Board adoption of Resolution No. 10-008 granting BPSC Major Site Plan approval with conditions as
outlined in the attached memorandum.
—8—
41
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
ITEM NO. IV -A
DATE: January 12, 2010
REGULAR [x ]
PUBLIC HEARING [ ]
CONSENT [ ]
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre
County Attorney
SUBJECT: Resolution No. 10-020 proclaiming January 23, 2010 as "The
Agricultural and Labor Program, Inc. 42"d Anniversary Day" in
St. Lucie County, Florida
BACKGROUND: Deloris Johnson, Chief Executive Officer with The Agricultural
and Labor Program, Inc. has requested that this Board proclaim
the January 23, 2010 as "The Agricultural and Labor Program
Inc. 42"d Anniversary Day" in St. Lucie County, Florida. The
attached Resolution No. 10-020 has been drafted for that
purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached
Resolution No. 10-020 as drafted.
COMMISSION ACTION: CONCURRENCE:
pQ APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[X] Ass't County Attorney: rtg�` [ ]Management i3 Budget: [ ]Purchasing:_
_Heather Young
[] Road Fc Bridge.: [) Parks 8 Recreation Director [ ] Solid Waste Mgr
[ ]Finance: (check for copy only, if applicable)
Effective 5/96
1
RESOLUTION NO. 10-020
A RESOLUTION PROCLAIMING JANUARY 23, 2010,
AS "THE AGRICULTURAL AND LABOR PROGRAM,
INC. 42"d ANNIVERSARY DAY" IN ST. LUCIE
COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. The Agricultural and Labor Program, Inc. (ALPI) is a private, non-profit, community
based organization that has been helping people and changing lives since 1968.
2. The ALPI is based on five underlying principles that guide all its activities:
a. Involvement of People
b. Emphasis on long-term accomplishment rather than promises
C. Assurance of economic viability
d. Emphasis on self-help
e. A sound integrated total systems approach
3. The ALPI provides Head Start/Early Head Start and Child Development Service to
900 families annually in partnership with city and county government, public schools, the United
Way, and Early Learning Coalitions.
4. The ALPI provides Community and Family Support Services to 11,000 families
annually through Low Income Home Energy Assistance, CSBG, USDA Child Care Program, DOE
Farm worker Training and Emergency Services, HUD Housing Counseling, Farm worker Affordable
Housing, Child Care, Before and After School Care.
5. During 2009, ALPI provided 376,772 units of meals and snacks via the Child Care
Food Program. In addition, 13,446 units of services (i.e. Child Care; Before and After School;
Head Start/Early Head Start; VPK; LIHEAP Assistance and Emergency Services) to migrant farm
workers and low income citizens throughout the State of Florida, of which 3,193 units of services
were provided in St. Lucie County.
6. The month of January, 2010, will commemorate the beginning of 42 (forty-two)
years of providing a constant flow of community support services to provide a mechanism toward
helping socially and economically disadvantaged children and families achieve and maintain
family stability and economic self-sufficiency.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. This Board does hereby proclaim January 23, 2010, as "THE AGRICULTURAL AND
LABOR PROGRAM, INC. 42"d ANNIVERSARY DAY" in St. Lucie County, Florida.
2. This Board does hereby recognize and appreciate the many services provided by
this agency and congratulates ALP[ on 42 years of service to the citizens of St. Lucie County.
PASSED AND DULY ADOPTED this 12th day of January, 2010.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
CONSENT
AGENDA
ITEMS
12/31/09
FZABWARR
FUND TITLE
001
001113
001176
001180
001181
001184
001188
001191
001436
001442
001505
001508
001510
001511
001512
101
101002
101003
101004
101006
102
102001
102809
103
107
107001
107002
107006
107205
107206
109
111
112
113
114
115
116
117
118
119
120
121
122
123
126
129
130
130101
ST. LUCIE COUNTY - BOARD
WARRANT LIST #14- 26-DEC-2009 TO 31-DEC-2009
FUND SUMMARY
General Fund
CDBG Supp Disaster Recovery Subgran
FTA Section 5303 F/Y06
US Dept Housing HUD Shelter Plus Gr
FTA Section 5307 Operating & Capita
CDBG 07
Section 112/MPO/Fhwa/Planning 2007
FTA Sec 5309 Buses 06/07
INTACT Inspired Network to Achieve
FCTD Planning Grant Agreement
FDCA Emerg. Mgmt Prep & Assist FY09
FTA Buses
CSBG FY 2009-2010
ARRA CSBG 2009
Neighborhood Stabilization Program
Transportation Trust Fund
Transportation Trust/80o Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Transportation Trust/Impact Fees
Unincorporated Services Fund
Drainage Maintenance MSTU
Paradise Park Phase 2 SFWMD
Law Enforcement MSTU
Fine & Forfeiture Fund
Fine & Forfeiture Fund -Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
F&F Fund -Court Related Technology
Juvenile Justice & Delinquency Prev
FDCF Criminal Justice, Mental Healt
Drug Abuse Fund
River Park I Fund
River Park II Fund
Harmony Heights 3 Fund
Harmony Heights 4 Fund
Sheraton Plaza Fund
Sunland Gardens Fund
Sunrise Park Fund
Paradise Park Fund
Holiday Pines Fund
The Grove Fund
Blakely Subdivision Fund
Indian River Estates Fund
Queens Cove Lighting Dist#13 Fund
Southern Oak Estates Lighting
Parks MSTU Fund
SLC Public Transit MSTU
FTA Operating and Capital Assist
EXPENSES
2, 514, 678.14
1,448.06
153.32
104.88
192.11
11,572.24
2,141.51
12,946.00
23.41
128.57
3,047.27-
540.00
261.04
228.04
33,157.54
26,099.09
23,146.31
6,245.58
11,924.82
1, 500.00
28,681.45
45,710.99
490.35
8,719.27
1,815,574.45
219.38
762.83
7,116.77
408.96
181.35
35.00
3,169.24
672.56
8.13
14.26
17.23
19.61
7.05
26.74
30.97
202.65
6.07
1, 162.08
16.20
142.23
15,009.33
95,726.68
55,196.00
PAGE
PAYROLL
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1
PAGE
2
12/31/09
FZABWARR
FUND TITLE
130105
130207
136
138
139
140
150
160
183
183001
183004
185010
185011
189100
242
282
310002
316
318
396
397
398
401
418
451
458
461
471
478
479
491
505
505001
611
625
665
690
801
ST. LUCIE COUNTY - BOARD
WARRANT LIST #14- 26-DEC-2009 TO 31-DEC-2009
FUND SUMMARY
FTA 5307-2 2009 Cap & Oper
FDOT Fized Route Grant
Monte Carlo Lighting MSTU#4 Fund
Palm Lake Gardens MSTU Fund
Palm Grove Fund
Airport Fund
Impact Fee Collections
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
FHFA SHIP 2008/2009
FHFA SHIP 2009/2010
Home Consortium
Port I&S Fund
Environmental Land I&S Fund
Impact Fees -Parks
County Capital
County Capital -Transportation Bond
Lennard Road 1 - Roadway Capital
Lennard Road 2 - Water Capital
Lennard Road 3 - Sewer Capital
Sanitary Landfill Fund
Golf Course Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Operatin
No Cty Util Dist -Renewal & Replace
No Cty Util Dist -Capital Facilities
Building Code Fund
Health Insurance Fund
Property/Casualty Insurance Fund
Tourist Development Trust-Adv Fund
Law Library
SLC Art in Public Places Trust Fund
Treasure Cove/Ocean Harbor S MSBU
Bank Fund
GRAND TOTAL:
EXPENSES
27,992.00
17,944.98
51.84
12.06
842.88
14,226.12
300.08
9, 965.92
3,067.65
289.95
1,064.72
429.44
9.26
322.26
1,009.28
3,007.83
100,000.00
11,205.00
143,856.56
2, 050 . 00
1,770.65
1, 770.65
62,895.69
10,686.03
15,655.65
109.28
11,773.26
12,955.98
241.71
543.78
7,200.42
110,916.28
27,353.47
2,544.20
887.13
4,000.00
21,297.85
249,292.34
5,602,313.42
PAYROLL
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
997.40
0.00
0.00
0.00
0.00
0.00
0.00
997.40
PAGE
1
01/08/10
FZABWARR
FUND TITLE
001
001113
001176
001180
001181
001184
001188
001442
001505
001509
001510
001511
001512
101
101001
101002
101003
101004
101006
101213
102
102001
102809
105
107
107001
107002
107003
107006
107205
115
118
121
130
140
140001
150
160
183
183001
183004
185010
189100
216
242
310001
310002
318
ST. LUCIE COUNTY - BOARD
WARRANT LIST #15- 02-JAM-2010 TO 08-JAN-2010
FUND SUMMARY
General Fund
CDBG Supp Disaster Recovery Subgran
FTA Section 5303 F/Y06
US Dept Housing HUD Shelter Plus Gr
FTA Section 5307 Operating & Capita
CDBG 07
Section 112/MPO/Fhwa/Planning 2007
FCTD Planning Grant Agreement
FDCA Emerg. Mgmt Prep & Assist FY09
US Dept of Housing CDBG 09
CSBG FY 2009-2010
ARRA CSBG 2009
Neighborhood Stabilization Program
Transportation Trust Fund
Transportation Trust Interlocals
Transportation Trust/80a Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Transportation Trust/Impact Fees
FDOT 25th St. Widening
Unincorporated Services Fund
Drainage Maintenance MSTU
Paradise Park Phase 2 SFWMD
Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund -Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund -Court Related Technology
Juvenile Justice & Delinquency Prev
Sheraton Plaza Fund
Paradise Park Fund
Blakely Subdivision Fund
SLC Public Transit MSTU
Airport Fund
Port Fund
Impact Fee Collections
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
FHFA SHIP 2008/2009
Home Consortium
County Capital I&S
Port I&S Fund
Impact Fees -Library
Impact Fees -Parks
County Capital -Transportation Bond
EXPENSES
4,189,273.54
44,438.10
55.31
40.14
0.00
91.85
1,200.81
23.36
191.19
5,416.00
3,262.78
1,195.90
66, 668.57
8,102.43
32,281.03
34,082.99
12,863.86
2,574 .39
817,229.39
660,000.01
82,742.50
6,337.39
33.58
741.79
7, 605, 997 . 61
2,110.62
85.62
657.57
1,220.98
637.79
644.47
890.68
98.51
165.50
9,672.02
76.27
108.89
4,228.04
3, 673. 97
60.00
388.85
155.21
36,731.92
16,722.24
245,478.76
1,989.62
56.50
694,275.58
PAYROLL
561,865.66
1,703.00
745.77
532.48
3, 900.64
1,233.80
10,810.39
314.38
0.00
0.00
1,157.60
1,157.60
1, 635.80
36,670.40
0.00
45,683.52
23, 606.88
16,058.92
0.00
0.00
74,367.61
5,420.16
466.29
0.00
179,171.12
1,122.83
1, 122.83
0.00
8,736.95
2,076.00
0.00
0.00
0.00
6, 998.72
15,463.99
0.00
1, 523.20
3,037.66
3,009.49
0.00
5,404.72
2,163.26
1, 63S.80
0.00
0.00
0.00
0.00
0.00
O1/08/10 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #15- 02-JAN-2010 TO 08-JAN-2010
FUND SUMMARY
FUND TITLE
401
Sanitary Landfill Fund
418
Golf Course Fund
451
S. Hutchinson Utilities Fund
458
SH Util-Renewal & Replacement Fund
461
Sports Complex Fund
471
No County Utility District-Operatin
478
No Cty Util Dist -Renewal & Replace
479
No Cty Util Dist -Capital Facilities
491
Building Code Fund
505
Health Insurance Fund
505001
Property/Casualty Insurance Fund
611
Tourist Development Trust-Adv Fund
625
Law Library
630
Tax Deed Overbid Agency Fund
801
Bank Fund
EXPENSES
481,031.26
3,552.60
443.03
42.39
27,758.10
184,158.67
97.09
110.19
2,888.62
220,450.99
243.58
150.93
9,326.30
21,243.37
239,206.94
PAGE 2
PAYROLL
57,705.81
21,862.24
3,449.96
573.64
16, 695.37
7,891.45
1,316.88
1,481.05
33,425.61
1,186.40
3,288.44
2,001.06
0.00
0.00
0.00
GRAND TOTAL: 15,785,678.19 1,169,675.38
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): County Attorney
ITEM NO. VI- B.1
Date: January 12, 2010
Regular [ ]
Public Hearing [ ]
Consent [X]
PRESENTED BY:
Heather Young
Assistant County Attorney
SUBJECT: Air Charter of Florida, Inc. - Consent to Sublease Agreement with Robert Rigel
BACKGROUND: See C.A. No. 09-1666
FUNDS AVAIL.(State type & No, of transaction or N/A): N/A
RECOMMENDATION: Staff recommends the Board of County Commissioners consent to the
Sublease Agreement between Air Charter of Florida, Inc., and Robert Rigel.
COMMISSION ACTION:
[ ] APPROVED [ ] DENIED
[ ] OTHER:
County Attorney:
Daniek 5. ' ntyre
Originating Dept.:
biano Lewis
Finance (Check for Copy only, if applicable):
CONCURRENCE:
Coordination/Signatures
Mgt. & Budget:
Other
Faye W. Oultaw, M.P.A.
County Administrator
Purchasing:
Other:
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): County Attorney
ITEM NO. VI- B.1
Dote: January 12, 2010
Regular [ ]
Public Hearing[ ]
Consent[X]
PRESENTED BY:
Heather Young
Assistant County Attorney
SUBJECT: Air Charter of Florida, Inc. - Consent to Sublease Agreement with Robert Rigel
BACKGROUND: See C.A. No. 09-1666
FUNDS AVAIL.(State type & No. of transaction or N/A): N/A
RECOMMENDATION: Staff recommends the Board of County Commissioners consent to the
Sublease Agreement between Air Charter of Florida, Inc., and Robert Rigel.
COMMISSION ACTION:
(xj APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
CONCURRENCE:
Coordination/Signatures
County Attorney: Mgt. & Budget:
Daniel 5. McIntyre
Originating Dept.: Other
Diana Lewis
Finance (Check for Copy only, if applicable):
Faye W. Oultaw, 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: 09-1666
DATE: December 17, 2009
SUBJECT: Air Charter of Florida, Inc. - Consent to Sublease Agreement with Robert
Rigel.
BACKGROUND:
Attached to this memorandum is a copy of a Sublease Agreement between Air
Charter of Florida, Inc., and Robert Rigel for a hangar at the St. Lucie County
International Airport. The term of the Sublease Agreement began on March 25, 2008 and
will run until 2043. As the term of sublease will exceed twelve (12) months, the master
lease requires consent by the Board of County Commissioners. As the successor to Air
Charter, Key Air Treasure Coast is in the process of reviewing its sublease files and has
requested the Board's consent after determining this sublease was not presented to the
Board when first executed. Staff has reviewed the Sublease Agreement and it appears
acceptable as to form.
RECOMMENDATION/CONCLUSION :
Staff recommends the Board of County Commissioners consent to the Sublease
Agreement between Air Charter of Florida, Inc., and Robert Rigel.
Respectfully submitted,
Heather Young
Assistant County Attorney
Attachment
HY/
Copies to: County Administrator
Airport Director
GROUND SUBLEASE
This Indenture, made and entered into this 25 day of March, 2008 by and between Air Charter of
Florida, Inc., d/b/a Jet Service Center, a Florida Corporation, who's mailing address is 3 13 1 Jet Center Terrace,
Fort Pierce, F134946, hereinafter referred to as Lessor and Robert Rigel, who's mailing address is PO Box 6201
Jensen Beach, Fl 34957, hereinafter referred to as Lessee.
WITNESSETH:
That Lessor, for and in consideration of the rent herein contained, other goad and valuable consideration
and the mutual covenants and premises contained herein, does hereby demise and lease unto Lessee and Lessee
does hereby lease and take from Lessor a part of premises located at the Saint Lucie International Airport,
herein after called the "Demised Premises."
SECTION I. DESCRIPTION OF PRENUSES
The Demised Premises is Hangar 3820. The address of the Demised Premises is: 3820 St. Lucie Blvd.
Fort Pierce, FL 34946. This Hangar is located on the premises of Air Charter of Florida, Inc also known as Jet
Service Center for the purpose of communicating with the FAA Ground Controller when the aircraft are
arriving or departing that area.
In addition, the Lessee, its agents and employees shall have access to the full airport facility known as
the St. Lucie County International Airport and shall at all reasonable times be permitted access to the runways,
taxiways and other public facilities located upon the St. Lucie County International Airport property. (Aircraft
only)
The term "Demised Premises" as used herein shall refer to the leased premises.
SECTION II. TERM
The term of this Lease shall be until the year 2043. Additional options maybe available at terms and
conditions as agreed upon by the parties. Lessee shall surrender the Demised Premises to Lessor immediately
upon the termination of the lease term or earlier termination as provided herein. Should city, state, or the
federal authorities close the airport to nonmilitary aircraft, making impossible the continuation of Lessee's
operations, the amount of the time during which Lessee's operations are interrupted shall be added to the term
of this lease. Delivery of the possession of the leased premises to Lessee shall be made on the date of this lease.
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Any reference in this lease to the words "date of this agreement" or "date of this lease" shall be deemed
to be the date this lease is executed by the party last executing same.
SECTION IV. RENT AND OTHER CHARGES
A. MINIMUM BASE ANNUAL RENTER. Lessee shall pay Lessor a minimum base annual rental for
the term of this Lease plus all sales taxes levied by any federal, state, county, city or any agency
authorized to levy and collect rent tax, payable in equal monthly installments, due on the first day of
each month during the term of this Lease constituting the minimum monthly rental due Lessor by
Lessee as follows: $73.10 per month, as ground rent; $4.75 per month as sales tax. Base rent will
change annually as the county changes the rent paid by the Lessor.
B. RENTAL RATE REVIEW. The rental rate, as adjusted pursuant to Section VI, for shall be subject
to fair and non-discriminatory review and adjustment at the end of the first thirty five (35) year
period from the date of execution of this Agreement by Lessor. The Lessor shall base the adjustment
on two appraisals and one review appraisal of the fair market rental value of the real property.
Appraisers who are designated members of a professionally recognized real estate appraisers'
organization shall conduct the appraisals and review appraisal. The Lessor and the Lessee shall each
be responsible for the selection and compensation of one of the appraisers. The parties shall jointly
select the review appraiser and shall each pay one-half of the review appraiser's compensation.
When such rental rates are established and approved by appropriate action of the Lessor to the
Lessee of the establishment of the said rental rate applicable to the leased premises. The new rental
rate shall be phased in on a pro-rata basis over five years. The rental rate shall continue to be subject
to yearly adjustments in accordance with Section VI.
C. AD VALOREM REAL PROPERTY TAXES AND ASSESSMENTS. Lessee shall pay its pro rata
share of all property taxes, which may be levied or assessed by any lawful authority against the
demised premises. A tax bill or photocopy thereof submitted by Lessor to Lessee should be
sufficient evidence of the amount of taxes assessed or levied against the Building. Lessee agrees that
if Lessor is required to escrow such taxes, Lessee shall also be required to escrow its pro rata share
of taxes.
D. PAYMENT SCHEDULE. The rent under this Section IV, including the minimum base rental of
Paragraph A above, and the pro rata share of ad valorem real property taxes of Paragraph B above if
escrow are required, shall be paid by Lessee to Lessor without notice or demand and without
abatement, deduction or setoff in monthly installments, in advance of the first day of each calendar
month during the term of this Lease as provided herein.
It is clearly understood that, with regard to all sums in addition to the minimum base rent due
From Lessee pursuant to this Section IV, Lessor shall have all the rights and remedies provided by
law. The provisions for the payment of all sums set forth in this Section in installments are a privilege
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for the benefit of Lessee. In the event of failure to make such timely payments, Section XXII shall
apply.
SECTION V. PENALTY AND INTEREST ON ARREARAGE
If Lessee shall fail to pay the monthly installment of rent or any additional payment as required
herein to Lessor so that Lessor shall receive same within ten (10) days of the date when the amount is
due and payable, a late charge of Six percent (6%) of the total amount past due or a minimum of
Twenty-five ($25.00), whichever is greater, shall be paid by the Lessee to the Lessor per month or
portion of each month such item(s) is past due. In addition to the aforesaid late charge, the Lessee
shall pay interest at the maximum rate permitted by law from the date when the amount past due was
payable by the terms hereof until the date Lessor received payment of it. These charges are for the
purpose of collection efforts and to defray costs incurred by Lessor in regard to such collection
efforts. Nothing in this section shall be deemed a waiver by Lessor of any covenant, term or
condition of this Lease Agreement and in particular, the provisions of Section XXII.
SECTION VI. COST OF LIVING INCREASE
Lessee shall also pay Lessee's pro rata share of the increased rent paid, if any, by Lessor to St
Lucie County, as successor in interest to the St Lucie County. Pursuant to Lessor's Master Lease
Agreement dated January 27, 2003, recorded at O.R Book 1648, Page 1857, of the Public Records of
St Lucie County, Florida.
(a) Annual Rental Rate Adjustment
The annual adjustment to the rental rate shall be determined by
multiplying the annual rent the
nain effect by a fraction, the numerator
of which shall be the index figure indicated for the month of June
preceding each January l" of the year of adjustment, such figure to be
shown by the Consumer Price Index, the United States City Average
All Items and Commodity Groups (1967 =100), issued by the Bureau
of Labor Statistics of the United States Department of Labor, and the
denominator of which shall be such Consumer Price Index figure
indicated for the month of June preceding each January I" of the year
preceding the year of adjustment.
(b) Consumer Price Index
It is understood and agreed that the above -described Index is now
being published monthly by the Bureau of Labor Statistics of the
United States Department of Labor. Should the Bureau of Labor
Statistics change the manner of computing such Index, the Bureau
shall be requested to furnish a conversion factor designed to adjust the
next Index to the one previously in use, and adjustment of the New
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Index shall be made on the basis of such conversion factor. Should the
publication of such Index by discontinues by the bureau of Labor
Statistics, then such other Index as may be published by such Bureau
most nearly approximating the discontinued Index shall be used in
making the adjustments described above. Should the Bureau
discontinue the publication of an Index approximating the Index
contemplated, then such Index as may be published by another United
States governmental agency which most nearly approximates the
Index first above referred to shall govern and be substituted as the
Index to be used, subject to the application of an appropriate
conversion factor to be furnished governmental agency will not
furnish such conversion factor, then the parties shall agree upon a
conversion factor of the new Index.
SECTION VII. ATTORNEYS' FEES, ETC., AS ADDITIONAL RENT
If either party or St Lucie County is compelled to incur any expenses, whether suit be brought or
not, including reasonable attorney's fees in investigating, instituting and prosecuting any action or
proceeding by reason of any default of either party hereunder, the sum or sums so paid with all
interest, costs and damages shall be paid by the non -prevailing party.
In the event Lessor is the prevailing party, the awardable sums with all costs, interest and
damages shall be deemed additional rent hereunder and shall be due from Lessee to Lessor on the
first day of the month in which the respective expenses, etc., were incurred and if Lessee prevails,
such sums may be deducted from the next rental payment(s).
SECTION VHI. UTILITIES
Lessee covenants and agrees to pay in full all electricity, water, sewer and telephone services
used by Lessee in and around the Demised Premises. This includes all deposits and connection fees.
SECTION IX. HOLDING OVER
Should Lessee continue in possession after the end of the term herein with permission of Lessor,
it is agreed that the tenancy thus created can be terminated by either party giving the other parry not
less than thirty (30) days written notice to expire on the day of the month from which the tenancy
commenced to run. In so continuing, Lessee agrees to pay the monthly rental equal to the then
existing rent and to pay its pro rata share of the other charges as set forth herein and to keep the
fulfill all the other covenants and conditions of this Agreement.
SECTION X. EFFECT OF DESTRUCTION OF DEMISED PREMSES ON RENTAL
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LIABILITY
A. In the event that the improvements to the Demised Premises are completely destroyed, or are
damaged in excess of forty percent (40%), due to any cause whatsoever; the Lessee may at
its own expenses repair, restore, or replace the destroyed property if Lessee deems it practical
or advisable to do so, and this Lease shall continue in full force and effect. If Lessee deems
it impractical or inadvisable to repair, restore, or replaced the destroyed property, this Lease
shall terminate on sixty (60) days written notice to Lessor under Section XXIV of this Lease.
B. In the event that damage to the improvements to the Demised Premises due to any cause
whatsoever is not in excess of forty percent (40%), Lessee shall at its own expense repair,
restore, or replace the damaged improvements with due diligence, and this Lease shall
continue in full force and effect.
C. The phrase "completely destroyed" shall be construed to mean the destruction of the safe,
tenantable use of occupancy of all improvements under this Lease. The phrase "damaged in
excess of forty percent (40%)" shall be construed to mean any damage to the improvements
that will require expenditure in excess of forty percent (40%) of the market value
(immediately prior to the damage) of the improvements to accomplish required repairs,
restoration, or replacement.
SECTION XI. EMINENT DOMIAN
A. INTERESTS OF PARTIES. If the Demised Premises or any part of the Demised premises is
taken for public or quasi -public purposes of condemnation in any action or proceeding in
eminent domain, or is transferred in lieu of condemnation to any authority entitled to exercise
the power of eminent domain, the interests of Lessor and Lessee in the award or
consideration for the taking or transfer and the effect of the taking or transfer on this Lease
shall be governed by this Section XI.
B. TERMINATION ON TOTAL TAKING. If all or substantially all of the Demised Premises
are taken or transferred as described in Paragraph A, this lease and all of the rights, title, and
interest under this Lease shall cease on the date that title to the demised Premises vests in the
condemning authority, and the proceeds of the condemnation shall be divided between
Lessee and Lessor one-half (1/2) to each. For purposes of this Section XI, "all or
substantially all of the Demised Premises" shall be deemed to have been taken if forty
percent (40%) or more of the gross floor area of the Demised Premises is taken and cannot be
restored or repaired to as to be suitable for the conduct of the activities of Lessee conducted
on the Demised Premises prior to the taking.
C. TERMINATION ON PARITAL TAKING. If less than all or less than substantially all of the
Demised Premises is taken or transferred as described in Paragraph A, and, if in Lessee's
opinion, the remainder of the Demised Premises is in a location, or in a form shape, or
reduced size that make it impossible for Lessee to effectively and practicably conduct his
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SECTION XV. PARKING
Lessee to provide there own parking lot for employees and guests.
SECTION XVI. LESSEE'S DUTY TO MAINTAIN PREMISES AND AGREEMENT TO
SURRENDER PREMISES IN GOOD CONDITION.
A. On the expiration date of this Lease as set forth in Section II of this Lease, or the termination
of Lessee's possession under this Lease pursuant to Section XXII (collectively referred to as
the "Expiration Date"), Lessee shall promptly quit and surrender the Demised Premises and
deliver to Lessor actual possession and ownership of the Demised Premises, in such
condition that takes into account reasonable wear and tear to the Demised Premises.
B. Lessee shall have the right to remove from the Demised Premises all movable equipment,
and articles of personal property used or procured for use in connection with Lessee's
activities on or before the Expiration Date, provided that Lessee shall promptly repair, or
cause to be repaired, any damage resulting to the Demised Premises by reason of this
removal. Any trade fixtures, equipment, or articles of personal property of Lessee that
remain at or on the Demised Premises after the Expiration Date shall be deemed to have been
abandoned by Lessee, an may either be retained by Lessor as its property or disposed of by
Lessor without accountability to Lessee for the value of these trade fixtures, equipment, or
articles of personal property, or any proceeds derived from the sale of these items.
SECTION XVII. REPAIRS
Lessee shall take good care of the exterior and interior of the Demised Premises and the
fixture and appurtenances therein and at its sole cost and expense make all repairs thereto as and
when needed to preserve good working order and condition (normal war and tear excepted). All
such repairs, restoration s and replacement shall be in a quality and class equals to the original
work or installations and shall be done in a good and workmanlike manner. If Lessee fails to
make such repairs, restorations or replacements, same may be made by Lessor at the expense of
Lessee and all sums so spent and expenses incurred by Lessor shall be collectable as additional
charges and shall be paid by Lessee as part of the next due monthly rent installment.
Lessor shall make all repairs and replacements, structural or otherwise, necessary and
desirable in order to keep the Common area of the Jet Service Center in good order and repair,
including accessory parking, access loading and landscaping area and mechanical areas. Lessee
shall pay its share of costs, at this time such costs are $15.00 per month for lawn care. Lessor
reserves the right to increase the lawn care amount to lessee as costs to Lessor increase. For the
purpose of this agreement, "common area maintenance costs" shall be limited to lawn
maintenance.
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regular activities on the remaining Demised Premises, then this Lease shall terminate on the
date title to the portion of the Demised Premises is taken or transferred vests in the
condemning authority. The proceeds of the condemnation shall be divided between Lessee
and Lessor one-half (1/2) to Lessor and (1/2) to Lessee.
D. CONTINUATION WITH RENT ABATEMENT AFTER PARTIAL TAKING. If less than
all or substantially all of the Demised Premises is taken or transferred as described in
Paragraph A, and if in Lessee's opinion the remainder of the Demised Premises is in a
location and a form, shape, or size that make it possible for Lessee to effectively and
practicably conduct Lessee's regular activities on the remaining Demised Premises, this
Lease shall terminate as to the portion of the remaining Demised Premises taken or
transferred as of the date title to the portion vests in the condemning authority. However, this
Lease shall continue in full force and effect as to the portion of this Lease by that proportion
of the annual rent that the value of the part of the Demise Premises taken or transferred bears
to the value of the total Demised Premises. These values shall be determined as of the date
immediately before any actual taking. The proceeds of the condemnation shall be divided
one-half (1/2) to Lessor and one-half (1/2) to Lessee.
E. VOLUNTARY CONVEYANCE. Nothing is this Section XI prohibits Lessor from
voluntarily conveying all or part of the Demised Premises to a public utility, agency, or
authority under threat of a taking under the power of eminent domain. Any voluntary
conveyance shall be treated as a taking within the meaning of this Section XI.
SECTION XII. USE OF PREMISES
The=pmises are leased to Lessee for use only for aeronautical activities as defined by
the Federal Aviation Administration or its successor agency and for uses permitted by the St.
Lucie County Zoning ordinances, subject to the restrictions contained in Section XXXIII below.
During the continuance of this Lease, the Demised Premises shall not be used for any
purpose in violation of any purpose in violation of any federal, state or municipal statute or
ordinance or of any order, regulation or directive of a governmental agency, as such statutes,
ordinances, regulations, orders or directive snow exits or may hereafter provide concerning the
use and safety of the Demised Premises. On the breach of any such provision by Lessee, Lessor
may, at its option, consider Lessee in default pursuant to Section XXII herein.
SECTION XIV. QUIET POSSESSION
Upon payment of Lessee of the rents herein, and upon the observance and performance of
all terms, and provisions, covenants and conditions on Lessee's part as provided for in this
Lease, Lessee shall, subject to all such terms, provisions, covenants and conditions, peaceably
and quietly hold and enjoy the Demised Premises of the lease term.
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March 25, 2008
Bob Rigel
P.O. Box 6201
Jensen Beach, FL 34957
Mr. Rigel,
We understand that you sublease your Hangar 382.0. Since you have been doing so since
1993 with Hans Van Ovost's approval, we are just hereby agreeing to his approval.
If you have any questions feel free to give us a call.
:Mobar
President
Firr-3127 Jet Center Terrace Fort Pierce, FL 34946
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WITNESS WHEREOF, the parties hereto have hereunto set there hands and seals as of the date
first above written.
Air Charter of FL., Inc.
Jet Service C r
n Mob
Its: President
STATE OF FLORIDA
COUNTY OF ST LUCIE
Robert Rigel
The foregoing instrument was acknowledged before me this ohs day of
Q,0- y2n , 20-OS-by Martin Mobarak, as President of Air Charter of Florida, Inc. d/b/a
Jet Service Center, a Florida Corporation, on behalf of the corporation, who: is personally
known to me, or ( ) has produced as identification, and who did
not take an oath.
►'" `` MARTA LUCIA NOBREGA
MY COMMIS:,'' # DD675226
EXPIRES Mav 16. 2011
(407) 308-NS—, FWddallotaryServics.ccm
STATE OF FLORIDA
COUNTY OF ST LUCIE
I am a Notary Public of the State of Florida having
a commission number of and
expires
The foregoing instrument was acknowledged before me this a S day of
\Aa_e-Zj-\ , 20 6 , by Robert Rigel, as owner of Hangar 3820, who`( ) is personally
known to me, or`(�has produced!-''S �: Q as identification, and who did
not take an oath.
NIARTA LUCIA NOBREGA
'k"< COMMIE. -N # 00675226
� ,l EXPIRES May 16, 2011
(407)29"1a3 FloridalloterySarvice.00m
Vam a Notary Public of the State of Florida having
a commission number of DN&A e nd
expires k_/ i 2 1
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This Lease and the performance thereof shall be governed, interpreted, construed, and
regulated by the laws of the State of Florida.
SECTION XXXI. PARTIAL INVALIDITY
If any term, covenant, condition or provision of this Lease or the application thereof to
any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the
remainder of this Lease, or the application of such term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected thereby and
each term, covenant, condition and provision of the Lease shall be valid and be enforced to the
fullest extent permitted by law.
SECTION XXXII. APPROVAL OF ST. LUCIE COUNTY
St. Lucie County has approved this Lease Agreement. St. Lucie County further
conditions this lease agreement upon Lessee complying with all terms and conditions rules,
regulations and directives issued or adopted. This lease agreement is subordinate to the terms
and conditions of Lessor's Master Lease with St. Lucie County referred to in Paragraph VI
above.
SECTION XXXIII. COVENANT NOT TO COMPETE
The Lessee covenants and agrees to use the Demised Premises solely for the purpose
specifically set forth herein and shall not conduct, or allow the conduct of, any business or
operation, which is or may be in competition with Lessor unless approved in writing by Lessor.
The covenant pertains only to the business activities and operations at St. Lucie County
International Airport and for the term of his lease agreement. Provided, however, Lessor agrees
that Lessee may use the Demised Premises to conduct personal and/or commercial airplane
hangarage and storage, without any further permission of Lessor. All sub -contractors working
on Jet Service Center property must be approved by Lessor. The approval of this sublease
agreement by St. Lucie County shall not constitute an obligation on the part of the County to
renew the Master Lease upon expiration of its initial forty (40) year lease term.
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Every notice, approval, consent or other communication authorized or required by this
Lease Agreement shall not be effective unless same shall be in writing and sent postage prepaid
by United States Certified Mail, Return Receipt Requested, directed to the other party at it
address provided for below or such address as either party may designate by notice given from
time to time in accordance with this section_
As to Lessor:
Jet Service Center
Air Charter of FL, Inc.
3 13 1 Jet Center Terrace
Fort Pierce, FL 34946
(772)464-0336
SECTION XXV. WORDS OF GENDER
As to Lessee:
Robert Rigel
PO Box 6201
Jensen Beach, Fl 34957
Wherever herein the context so requires, the use of singular shall include the plural, the
use of masculine shall include the feminine or the neuter and the use of representative shall
include trustee, receiver, executer, etc.
SECTION XXVI. INTEGRATION
This agreement may be executed simultaneously in two (2) or more counterparts, each of
which shall be deemed an original but all of which together shall constitute one and the same
instrument.
SECTION XXVIII. CAPTIONS
Captions are included for convenience only and shall be given no legal effect whatsoever.
SECTION XXIX. PARTIES
Except as herein an otherwise expressly provided, the covenants, conditions and
agreements contained in this Lease shall bind and inure to the benefit of Lessor and Lessee and
their respective heirs, personal representatives, successors, and assigns.
SECTION XXX. GOVERNING LAW
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Pursue any legal remedy to recover for the breach and continue the Lease in
for; or
2. Notify Lessee the full amount of the unpaid balance of the total rental under
this Lease Agreement shall be forthwith due and payable as though stipulated
to be paid on the date of such default; or
Declare the Lease forfeited an its term ended and enter into possession of the
Demised Premises and remove all persons and property from the Demised
Premises (and such property may be removed and stored in a public
warehouse or elsewhere at the cost of, and for the account of, Lessee, all
without service of notice or resort to legal process and without being deemed
guilty of trespass or becoming liable for any loss or damage which may be
occasioned thereby) and sue to recovery all rents or damages accruing under
this Lease or arising out of a violation.
4. Exercise any and all remedies provided by law or in equity.
Every demand for rent and other charges due wherever and whenever made shall have the
same effect as if made at the time it falls due and at a place of payment or on the Demised
Premises, and after the service of any notice or commencement of any suit, or final judgment
therein, Lessor may receive an collect any rent due and such collection or receipt shall not
operate as a waiver or not affect such notice, suit or judgment. To secure the payment of all
rents and additional charges due hereunder Lessor shall have a first and prior lien on all of
Lessee's fixrniture, fixtures and merchandise located in the Demised Premises. One or more
waivers by Lessor of any covenant, condition or default shall not be construed as waiver, consent
or approval of a subsequent breach.
It is mutually understood and agreed by Lessor and Lessee that the respective parties
hereto shall waive trial by jury in any action, proceeding or counterclaim brought by either of the
parties against the other on any matters arising out of or in any way associated wit this Lease or
the relationship between Lessor and Lessee's use of or occupancy of the Demised Premises.
Lessee further agrees that it shall not interpose any counterclaim or counterclaims in a summary
proceeding or any actions based upon non-payment of rent or any other payment required of
Lessee hereunder.
SECTION XXIII. TRASH DISPOSAL
Lessee shall keep the Demised Premises in a careful, safe and clean manner, and shall not
permit any rubbish or refuse of any nature to accumulate.
SECTION XXIV. NOTICES
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thereafter accruing to Lessee under this Lease or otherwise and Lessor's successors or assigns,
by acceptance of rent from Lessee hereunder, shall become liable and responsible to Lessee in
respect to all obligations of Lessor under this Agreement except as may be expressly stated to the
contrary in this Lease.
SECTION XXI. RULES AND REGULATIONS OF THE BUILDING AND COMPLEX
Lessee and Lessee's agents, employees, visitors, invitees, licensees, clients and customers
shall faithfully comply with the rules and regulations of the Lessor and such further reasonable
rules an regulations as Lessor at any tine may make and communicate in writing to Lessee
which, in the Lessor's judgment, shall be necessary for the reputations, safety, care, efficient
operation or appearance of the Building and the common areas. Lessor shall not be liable to
Lessee for the violation of any said rules and regulations or the breach of any covenant or
condition in any lease by any other Lessee, assignee or sublease or by any employees or invitees
or any other Lessee, assignee, or sublease.
SECTION XXII. LESSEE'S DEFAULT
This Lease is subject to Lessee's performance of the payments, covenants and conditions
set forth herein. If Lessee defaults in performance of any such payment of rent installment, pro
rats expense payment or other sums due hereunder and such default remains incurred for ten
days following notice to Lessee, or if any waste be committed or unnecessary damage done upon
or to the Demised Premises of if there is any default or breach of any covenant, condition or term
of agreement to be performed by Lessee hereunder, or any of the following occur (which shall
constitute a breach of this Lease by Lessee):
A. Institution of involuntary bankruptcy proceedings by or against Lessee;
B. Institution of voluntary bankruptcy proceedings;
C. Assignment for benefit of creditors of Lessee's interest under the Lease;
D. Any pleadings under any sections of any bankruptcy or reorganization act shall be
filed by or against Lessee; or
E. Appointment of a receiver for the property or affairs of Lessee where such
receivership is not vacated within sixty (60) days after the appointment of such
receiver; and the breach continues fro more than ten (10) days after Lessee receives
written notice thereof, Lessor may at Lessor's option:
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Lessee shall not permit any liens to be attached to the Demised Premises by reason of any
labor or materials used in repairs or alteration, restoration or other work included within the
responsibility of Lessee.
Lessee shall promptly replace all broken plate glass in the Demised Premises at Lessee's
own cost and expenses unless such breakage was caused by the negligence of Lessor, other
Lessees, their agents or employees. If the Lessee fails to repair the damages of any plate glass or
window glass on the Demised Premises then the Lessor may repair said damage or destruction
and charge the cost of such repairing to the Lessee in the amount thereof which shall be deemed
to be and be paid as additional charges on the next due monthly rent installment date.
SECTION XVIII. LESSEE INSURANCE ON DEMISED PREMISES
Lessee shall purchase and maintain in effect during the term of the Lease and any
extension or renewal thereof, a policy or policies of insurance written by a company or
companies qualified to write insurance in the State of Florida and possessing a retain go A-3A
(or higher) by Best's Insurance Rating, providing insurance coverage against damage to all
interior improvements and Lessee's personal property, which policy or policies shall be in
amount equal and sufficient to cover the value of such improvements and personal property. If
additional improvements are made during the term of this Lease or any extension or renewal
thereof, additional insurance coverage will be obtained, as aforementioned, in any amount equal
and sufficient to cover the value of such additional improvements. The cost of premiums of all
such policies of insurance as herein required shall be paid by Lessee; such policy or policies of
insurance as herein required shall be paid by Lessee; such policy or policies shall be in the joint
name of Lessor, Lessee and any Mortgage and duplicate copies thereof shall be delivered to
Lessor and the policy(s) shall include a minimum comprehensive general liability insurance
coverage for both Lessee and Lessor in the amount of not less than one million dollars
($1,000,000.00) liability insurance for each person. All proceeds from such policies shall be
used for the repair and rebuilding of the Demised Premises, or for payment of liability costs, if
applicable. If Lessee requires driving of a vehicle on Lessor's ramp area or on airport taxiways
or run ways Lessee must at his own expense have one million dollars ($1,000000.00) liability
insurance on said vehicle and approval from Lessor.
SECTION XIX. LESSEE'S HOLD HARMLESS AND INDEMNIFICATION OF LESSOR
Lessee shall save and hold Lessor and St. Lucie County harmless from all loss or damage
occasioned by the Lessee's use, misuse or abuse of water or the water pipes or fixtures, electric
wires or fixtures, heating apparatus, drains, plumbing and other fixtures and apparatus in the
charge of the Lessee of those having Lessee's estate in the Demised Premises, or by the bursting
of the pipes or by any nuisance made or suffered on the Demised Premises and shall promptly
cause same to be repaired at Lessee's sole cost and expense, provided such loss or damage is not
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caused by faulty materials or workmanship which were the original responsibility of Lessor or by
the negligence of Lessor or its agents or other tenants.
Lessee covenants that it will indemnify and save Lessor and St. Lucie County harmless
form all liability, losses, costs, damages, expenses and judgments arising from injury of any
nature occurring or alleged to have occurred during the term of this Lease Agreement to person
or property on the Demised Premises (including that to Lessee's customers, employees, agents,
or invitees) in the parking areas, adjacent sidewalks and loading areas accessory to the Demised
Premises provided such liability, loss or costs shall not be due to the negligence, willful act or
omission of Lessor, other tenants, their agents or employees.
SECTION XX. ASSIGNMENT OR SUBLEASE
Lessee shall not have the right to assign this Lease or any interest therein or sublet the
Demised Premises or any part thereof or any right or privilege appurtenant thereto without
written approval from Lessor. Lessee agrees to give Lessor first right of refusal if selling the
Dernised Premises.
Any assignment or sublease shall be made expressly subject to all of the terms,
conditions and limitations contained in this Lease between Lessor and Lessee and the Master
Lease and Lessee shall continue to be liable and responsible for due performance of all the terms,
covenants and conditions of this Lease. If the interest of Lessor shall be transferred voluntarily,
or by reason of foreclosure or other proceedings for enforcement of any mortgage on the
Demised premises, Lessee shall be bound to such transferee for the balance of the term hereof
remaining and any extensions of renewals thereof which may be effected in accordance wit the
terms and conditioned of the Lease with same force and effect as if the transferee were the
Lessor under Lease.
Lessee does hereby agree to attorn to the transferee including the mortgagee under any
such mortgage, if it were the transferee, as its Lessor. Said attornment to be effective and self -
operative without the execution of any further instruments upon the transferee succeeding to the
interest of the Lessor under this Lease. Lessee agrees, however, that if a written attornment
agreement consistent with this provision is required by a mortgagee, the Lessee will execute,
acknowledge and deliver same within ten (10) days following a request by Lessor to Lessee to
deliver such Agreement. In the event of failure to do so Lessor may, in addition to other
remedies for breach of covenant hereunder, execute, acknowledge and deliver the same as the
agent or attorney -in -fact of Lessee and Lessee hereby irrevocably constitutes Lessor as its
attorney -in -fact for this purpose.
The respective rights and obligations of Lessee and the transferee upon such attornment
to the extent of the then remaining balance of the term of this Lease and any such extensions and
renewals shall be in and are the same as set forth and relieved from all liability and responsibility
3131 Jet Center Terrace Fort Pierce, FL 34946
O (772) 464-0336 F (772) 464-6686
WWW. JetServiceCenter.Com
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AGENDA REQUEST
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TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): County Attorney
SUBJECT: Health Department Leases
BACKGROUND: See CA09-1641
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION
CONCLUSION:
COMMISSION ACTION:
ITEM NO. VI-132
DATE: January 12, 2010
REGULAR[ ]
PUBLIC HEARING [ ]
CONSENT [ x ]
PRESENTED BY:
Heather Sperrazza Lueke
Assistant County Attorney
Staff recommends the Board approve the leases for the
Health Department's WIC Program as reviewed by the
County Attorney.
APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[X] County Attorney: [ ]Management & Budget: [ ]Purchasing:
[ ]Road &Bridge.: 14
) Parks & Recreation Director [ ] Solid Waste Mgr
[ ]Finance:(check for copy only, if applicable)
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Sperrazza Lueke, Assistant County Attorney
C.A. NO: 09-1641
DATE: January 12, 2010
SUBJECT: Health Department Leases
BACKGROUND:
After an extensive search, the St. Lucie County Health Department wishes to enter
into two leases with C&W South Investments, LLC for space in Port St. Lucie for
their WIC Program. The first is a short-term lease until their permanent space is
completed and the second is a long-term lease for that permanent space. Though
the State of Florida will pay for these leases, the Board of County Commissioners
must approve them. The County is responsible for maintenance and insurance for
the leases and all concerns for these have been addressed to the satisfaction of
Central Services and Risk Management.
RECOMMENDATION /CONCLUSION:
Staff recommends the Board approve the leases for the Health
Department's WIC Program as reviewed by the County Attorney.
Respectfully submitte ,
Heather Sperrazz L e
Assistant County Attorney
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P-204
OFFICE LEASE AGREEMENT
Jci0
THIS AGREEMENT, made and entered into this day of ZBW
by and between C&W South Investments, LLC hereinafter referred to as "Landlord," and St. Lucie County
I St. Lucie County Dept. of Health Department Women, Infants and Children (WIC) Program, hereinafter
referred to as "Tenant."
WITNESSETH, that the said Landlord, in reliance upon and in consideration of the rents,
representations, warranties, covenants and conditions herein contained on the part of the Tenant, hereby
leases unto said Tenant and said Tenant does hereby hire and take from said Landlord for the term, and
upon the terms and conditions hereinafter set forth that certain space in the Lake Whitney Professional
Park, a Non -Residential Phase Condominium located at 525 NW Lake Whitney Place, Part St. Lucie,
FL 34886 which is hereinafter described in detail and referred to here as the "Demised Premises."
TERMS AND CONDITIONS
1. TERM: DEMISED PREMISES
Landlord hereby leases to Tenant and Tenant hereby hires from Landlord office space comprising
of Building "P" (so named Suite No.204 as per Exhibit "A") located at 525 NW Lake Whitney Place,
Port St. Lucie, FL 34886 to have and to hold, for a term of Thirty Six (36) months, commencing on the
First (1st) day of February, 2010, ("Lease Commencement Date") and ending on the Thirty First
(31st) day of January, 2013 (the entire period, "Lease Term").
(a) The Demised Premises
Building "P" (Suite No. 204) consisting of approximately (1,133) square feet of gross
rentable space, and comprises a portion of the aforesaid office condominium complex.
The space is more particularly described in the Tenant's Plan Sheet and Tenant's
Specification Schedule, being Exhibits "A" to this Lease Agreement, each of which bears
the Suite Number of the Demised Premises and bears the initials of the parties hereto.
The provisions of said Exhibits are incorporated herein by reference as a part of this
Lease Agreement.
(b) Option to Extend Lease
(i) Option. Tenant shall have the option to extend the Lease Term of this Lease for
additional periods to be into any other space leased in the Lake Whitney Professional
Park, such period called an "Option Period", Option Period to begin immediately upon the
expiration of the initial Lease Term as extended and the same terms and conditions set
forth herein shall apply to such Option Period.
(ii) Exercise of Option. In order to exercise its option to extend, Tenant shall provide
Landlord with written notice of its election to extend the Lease Term not less than six (6)
months prior to the expiration of the Lease Term (as the same may have previously been
extended).
(iii) Option Rental Rate. in the event Tenant exercises its option to extend the Lease
Term of the Lease, the Base Annual Rent (as hereinafter defined) shall be as provided in
Exhibit "D" hereof, effective as of the first day of the Option Period, and shall be adjusted
on an annual basis (beginning on the date that is one calendar year from the first day of
the Option Period) each succeeding year thereafter as per Exhibit "D".
(c) Cancellation of Lease
(i) As long as the State of Florida Fiscal Year Budget, for each year of the Lease Term,
has funding for the Tenant program the Lease cannot be cancelled and all terms and
conditions set forth herein shall apply.
(ii) If the State of Florida Fiscal Budget cuts funding to the Tenants program for St Lucie
County by over Forty percent (40%) from the previous year's Fiscal Budget during the
Lease Term, Tenant shall give Landlord no less than a Sixty (60) day notice prior to the
start of the following Lease Term year ("Cancellation Notice"), based on the original
Commencement Date, of its intent to cancel this lease. Prior to the Cancellation Notice,
Tenant and Landlord may opt to renegotiate the demised premises as far as size (square
footage) and/or terms in lieu of Cancellation Notice.
(iii) If St. Lucie County / St. Lucie County Dept. of Health Department Women, Infants
and Children (WIC) Program leases other space in the Lake Whitney Professional Park,
and the functions for which the Demised Premises are used for can be relocated to the
other space leases in the Lake Whitney Professional Park, Tenant may give Landlord a
Thirty (30) day Cancellation Notice.
2 RENTAL
The "Rent Commencement Date" shall be the date upon which Landlord completes the required
interior finish work in accordance with Exhibit "A" and Tenant selection of flooring and paint as per Exhibit
Page 1 Landlord 14 Tenant
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P-204
"B". The Demised Premises as "AS IS" and have been completed with a Certificate of Occupancy from the
governing authority having jurisdiction over Landlord's work having been issued.
For purposes herein, the term "Lease Year" shall mean consecutive twelve (12) month periods
commencing on the Rent Commencement Date.
Each Lease Year thereafter during the Lease Term the Base Annual Rent will be adjusted
annually pursuant to Paragraph 2(a) of this Lease Agreement.
Tenant agrees to pay monthly to Landlord, as and for Base Annual Rent for the Demised
Premises on or before Thirty (30) days after the Rent Commencement Date for the previous month, , and
continuing through the last calendar month which falls within the Lease Term, one -twelfth (1/12°) of that
Lease Year Base Annual Rent as per Paragraph 2(a), or Exhibit "D" if the Lease Term has been extended
by Option Period, of this Lease Agreement ("Monthly Installments of Base Annual Rent") as listed in
Paragraph 2(a) of this Lease Agreement plus sales tax, if applicable, ten (10) days before that month ends
for that month. During the Lease Term, if the Rent Commencement Date is not on the first of the month,
the first month's Base Annual Rent shall be prorated accordingly. All Monthly Installments of Base Annual
Rent will be paid to Landlord, C&W South Investments, LLC at 525 NW Lake Whitney PL Suite 201 Port
St Lucie, FL 34986 (or at such other place as the Landlord may from time to time designate in writing)
after receipt of invoice from Landlord without abatement, diminution, deduction or offset.
(a) Base Annual Rent Adjustment
The Base Annual Rent shall be calculated as follows; beginning on the Rent
Commencement Date Rent as per Schedule 2a:
Rent Schedule 2a.
GROSS BASE RENT
YEAR BASE RENT MONTHLY
1 $21,000 $1,750.00
2 $22,500 $1,875.00
3 $23,750 $1,979.17
(b) CAM and Real Estate Tax
ESTIMATED INITIAL ANNUAL AMOUNTS:
N/A — Gross Lease
3. USE OF PREMISES AND RESTRICTIONS ON USE
Tenant shall use and occupy the Demised Premises for the use and purpose designated herein
which use or purpose is designated for General Office and for no other use or purpose unless the Tenant
shall first secure the written consent of Landlord, said consent shall not be unreasonable withheld.
Tenant's use of premises for such purpose will require occupancy by a total of not more than Seven (7)
employees (including the Tenant, if an individual) and no greater number of employees shall occupy the
Demised Premises unless Tenant shall first secure the consent in writing of Landlord. Tenant will have
access to Demised Premises twenty-four (24) hours a day, seven (7) days a week.
(a) The Tenant shall not use or occupy the Demised Premises or any part thereof in a
manner which shall violate any certificate of occupancy for the Demised Premises,
make void or voidable any insurance then in force with respect thereto in which the
Demised Premises is located over that which is in effect prior to commencement of
this Lease, or which will cause or is likely to cause structural damage to the building
or any part thereof, interfere with the normal operations of the heating, air
conditioning, ventilating, plumbing, mechanical or electrical systems of the building or
the elevators installed therein, constitute a public or private nuisance, or detract from
(aesthetically or otherwise) the appearance of the exterior of the building containing
the Demised Premises or of any portion of the interior of said building (including the
Demised Premises) or otherwise use or permit the use of the Demised Premises for
any purpose which in the reasonable opinion of the Landlord would adversely affect
the then value or character of the Demised Premises, or any use not permitted in the
Rules and Regulations of Lake Whitney Professional Park, a Condominium.
(b) Tenant's use of the premises shall conform with approved uses of the Lake Whitney
Professional Park Condominium Association.
4. ADVANCE RENTAL; SECURITY DEPOSIT
Tenant is part of a Federal program started Nationally in 1974, with the local St Lucie
County program starting in March 1979. Since its inception, the local program has never had a
budget reduction. Federal and State programs cannot have funds guaranteed beyond that years
Fiscal Budget. Therefore, Tenant will not provide any Security Deposits or Advanced rental
payments to Landlord.
However, Tenant will guarantee the Rent annually, once a new rental year starts, as per
Article 2. RENTAL and 2(a) Base Annual Rent Adjustment. Rent is guaranteed by Tenant based
on Tenants Pro tgram being funded as allocated in the State of Florida following years Fiscal
Budget (July 1' to June 30 h), notwithstanding the Federal Fiscal Year of October 1 `t to
September 301° of current year.
Page 2 Landlord: All
Tenant: —
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P-204
5. USE OF PARKING LOT
Tenant, its employees and invitees, shall have the right to use the parking area adjoining the
building wherein the Demised Premises are located, in common with the other tenants, although no
designated space or spaces are or will be assigned to Tenant. Tenant shall at all times have the right to
use a total of Five (5) parking spaces (a Ratio of 5:1,000 sf). Use of additional parking spaces shall only
be upon first securing prior written consent of Landlord. Landlord expressly reserves the right to assign,
from time to time, which parking spaces shall be enjoyed by Tenant during the term hereof and the further
right to re -assign the parking spaces to be used and enjoyed by Tenant so long as Tenant shall be
furnished with the specified minimum number of spaces set forth herein.
It is hereby agreed to and acknowledged by Tenant that although Paragraph Three (3), "USE OF
PREMISES AND RESTRICTIONS ON USE" may designate a higher number of employees than
Paragraph Five (5) designates as the allotted parking allowance, both Tenant and Landlord have taken
into consideration, car pooling, vacation time, sick time and the fact that all employees will not be on the
premises at the same time. Tenant also acknowledges that the number of employees as stated within the
lease agreement does not in any way require the Landlord to supply additional parking spaces.
6. BUILDING AND OPERATING EXPENSES
(a) Personal Property Taxes, Assessments
Tenant shall pay prior to delinquency all taxes assessed against or levied upon the
fixtures, furnishings, equipment and all other personal property of Tenant located in the
Demised Premises and whenever possible Tenant shall cause said personal property of
Tenant to be assessed and billed separately from the real property containing the
Demised Premises. In the event any or all of Tenant's fixtures, furnishings, equipment
and other personal property as aforesaid shall be assessed and taxed with Landlord's real
property or any part of the same, Tenant shall pay to Landlord its share of such taxes
within ten (10) days after delivery to Tenant by Landlord of a statement in writing setting
for the amount of such taxes applicable to Tenant's personal property which sum shall be
due in the same manner as additional rental. Notwithstanding the foregoing, Landlord
shall have the right, as its option, to pay any such taxes before the issuance of a tax sale
certificate thereon in which event the amount so paid by Landlord shall be reimbursed to it
by Tenant within ten (10) days after demand, as additional rental.
(b) Sales Tax
Tenant has Tax Exempt status. See Exhibit "E".
(c) Utilities. Sanitation
Landlord shall NOT provide electrical or telephone utility services for the demised
premises, but will make these services available to Tenant through a third party.
Landlord shall not be held responsible for the discontinuance of the above services due to
power failures, or for services being shut off by vendor and/or Landlord for repairs and
maintenance. It is further agreed by Landlord and Tenant that there shall be no offset or
abatement of rent for same.
7. IMPROVEMENTS TO AND ALTERATIONS OF DEMISED PREMISES
The space is "AS IS". Landlord has agreed to finish the Demised Premises for Landlord's cost
and expense as far as flooring and paint ONLY as described in the attached Tenant's Plan Sheet and
Tenant's Specification Schedule, Exhibit "A". Landlord shall have the right to require Tenant to remove
such improvements, additions and fixtures as Landlord shall designate. Same to be removed at Tenant's
cost upon termination of this Lease; and provided further, however, that the movable furniture, movable
personal property and movable trade fixtures brought onto the Demised Premises at Tenant's expense
which, pursuant to the provisions of this Lease may be removed by Tenant at the expiration or sooner
termination of this Lease, shall not be deemed to be the property of Landlord.
(a) Tenant acknowledges and agrees that it has no power to incur any indebtedness
giving right to a lien of any kind or character upon Landlord's right, title and interest in and
to the Demised Premises nor in the land or buildings wherein the Demised Premises are
situate and no person shall ever be entitled to any lien directly or indirectly derived through
or under Tenant or its agents or servants on account of any act of omission of Tenant
which shall be superior to the rights of Landlord.
(b)Tenant shall not otherwise make any alterations, additions, or improvements to the
Demised Premises without first securing the prior written consent of Landlord of the plans
and specifications of such alterations, additions, and/or improvements that have been
submitted to Landlord by Tenant. If Landlord shall give its consent, said consent shall not
be unreasonably withheld, to any proposed alteration, addition, and/or improvement
Landlord shall be entitled to require, as a condition precedent to such consent, The State
of Florida cannot give a security deposit, but shall be responsible for any lien it causes to
be placed on the Demised Premises and shall protect the Demised Premises from and
against liens of mechanics and other lienor performing work or services in or on the
Demised Premises or supplying materials in connection with any construction work to be
performed for Tenant within the Demised Premisesf any lien shall be filed against the
Demised Premises or the building wherein the same is situate, then Tenant shall cause
the same to be discharged in the manner as provided by law within ten (10) days after
the filing of the lien by leinor upon the public records. Failure to do so shall constitute a
default hereunder. Tenant agrees to indemnity and save harmless Landlord fro/ any and
Page 3 Landlords/Tenant
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P-204
all liabilities, damages, expenses, expenditures or otherwise, including attorney's fees,
reasonably incurred or paid, for breach of this paragraph.
(c) If Tenant requires renovations to the Demised Premises ("Work'), Landlord needs to
agree to said changes, price (including carry costs) and schedule the work. Once Tenant
signs off on the drawings, price and schedule Landlord will apply for and receive all
required local approvals. Perform the work and turn space back to Tenant. Landlord will
pay for all approved Work and will modify the Lease Base Annual Rent (Article 2(a)) per
square foot rate for the remaining Lease Term from date Tenant approved Work.
8. REPAIRS AND MAINTENANCE OF PREMISES
The Tenant covenants and agrees that it will, during the term of this Lease, at its own expense,
keep, preserve and maintain the Demised Premises in a proper, safe, tenant able, good and substantial
state of repair and condition and will from time to time make or cause to be made all needful and proper
repairs, replacements and improvements, whether or not necessitated by wear, tear, obsolescence or
defects, latent or otherwise, so that the Demised Premises shall at all times be maintained in as good
order and repair as it is at the date of the commencement of the leasehold term herein. Tenant also,
hereby agrees that it will not cause, suffer or permit any waste, damage, neglect, or injury to the Demised
Premises. All such repairs shall be made at least equal in quality to the original work. Although not
required to do so, Landlord may, at its option, make any such repairs which are not promptly made by
Tenant and may charge the cost thereof to Tenant as additional rental.
Tenant shall be responsible for maintenance to include incidental HVAC system service including
observe and record pressure, leaks; Observe and record voltage and amp draws; Observe and calibrate
thermostat as needed; Check and record temperature differential; Brush clean evaporator/condenser coil
as needed; Clean and replace air filters; Clean and flush condensate line; Inspect, adjust replace fan belts
and or motors; Inspect and notify of defective piping insulation; Inspect internal wiring and note
deficiencies, Freon charging unless it is the result of leaking or major damage; fuse replacement, drain line
and coil maintenance. Landlord shall be responsible for replacement of HVAC system provided tenant
keeps record of maintenance and service calls. Light bulb and ceiling tile replacement shall be Tenant's
responsibility during the term of this lease
9. SIGNS. USE OF NAME
Tenant shall not use the name of the building wherein the Demised Premises are contained for
any purpose other than the address of the business to be conducted by Tenant in the Demised Premises,
without first securing the prior written consent of Landlord, said consent shall not be unreasonably
withheld.
No sign, pictures or advertisement or notice shall be displayed, described, painted or affixed on
any part of the outside or inside of the Demised Premises or the building or parking areas in and about the
building containing the Demised Premises, except upon the outside sign area designated by Landlord for
Tenant's suite and then, only such color, size, style, lettering, material and format as permitted. Tenant
acknowledges that it is essential for the successful operation of the building and/or complex, and for the
benefit of all Tenants that aesthetic harmony be maintained throughout with regard to the sign materials
that will identify each Tenant to the public. To achieve this end Landlord will present Tenant with an
estimate to install aluminum leaf sign lettering on Tenant's exterior glass entrance door and also secure
for Tenant an exterior sign to be placed on the outside sign area for the building containing the Demised
Premises. Tenant shall then be allowed to obtain bids and select which contractor to use. All of the
foregoing sign expense shall be borne by Tenant and shall be paid to Landlord by Tenant upon demand.
Other than the foregoing no signs, flags, showcases, obstructions, statuary, advertising devises, or "For
Rent" signs whatever shall be displayed by Tenant outside of Demised Premises, on any exterior surface
of the building containing the Demised Premises or in the passageways, halls, lobbies, or corridors by
Tenant. Landlord hereby reserves the right to remove any of the same, without notice to Tenant at
Tenant's expense.
10. RETURN OF DEMISED PREMISES
At the termination of the lease term Tenant shall surrender the leased property to Landlord,
broom -clean, in as good condition and repair as at the commencement of the term normal wear and tear
excepted. Landlord shall thereupon notify Tenant whether Landlord elects to retain ownership of all
leasehold improvements, alterations and additions (as described in Paragraph Seven (7)) and in the event
Landlord shall elect that Tenant shall remove the same, Tenant shall remove or cause the removal of
same at Tenant's expense without further delay. Upon Tenant's failure to remove same, and in such
event Landlord, although not required to do so, may remove the same and the cost of effecting such
removal shall be deemed additional rental due hereunder from Tenant.
(a) If not then in default, Tenant shall have the right at the end of the term to remove any
equipment, furniture, trade fixtures or other personal property placed but not affixed to the
Demised Premises, provided that Tenant contemporaneous with such removal repairs
any damage to the Demised Premises caused by such removal.
(b) No act or thing done by Landlord or its agents during the term of this lease shall be
deemed an acceptance of the surrender of the Demised Premises and no agreement to
accept such surrender shall be valid unless in writing, signed by Landlord. No employee
or agent of Landlord shall have any power to accept the keys for the Demised Premises
prior to the termination of this Lease and the delivery of the keys to any employee or
agent of the Landlord shall not operate as a termination of this Lease or a surrender of
the Lease to property.
Page 4 Landlord:/Aenant: _
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P-204
(c) Five (6) days prior to the last day of the term of this Lease or any extension or renewal
hereof, Landlord and Tenant together shall thoroughly inspect the Demised Premises.
Within Twenty Four (24) hours of the conclusion of such inspection, Landlord shall (i)
hand deliver to Tenant a list of items, the repair of which shall be Tenant's reasonable
financial obligation (pursuant to Section 10 of this Lease (the "Repair List")) and (ii) sign,
date and have Tenant's authorized representative sign the Repair List. (iii) Tenant shall
have Three (3) days from the date of the signed Repair List to make any corrections and
the Repair List will be reinspected and signed by both Tenant and Landlord to establish
the value of repairs reaming to the space and invoice Tenant for same.
11. PROPERTY J!< CASUALTY INSURANCE
The Landlord shall keep the building containing the Demised Premises insured against loss or
damage by fire and other perils with extended coverage endorsement in an amount sufficient to prevent
the Landlord from becoming a co-insurer under the terms of the applicable policies, but in any event, an
amount not less than 80% of the full insurable value as determined from time to time.
12. LANDLORD INDEMNIFICATION: GENERAL LIABILITY INSURANCE
(a) Obligation of Indemnity
To the extent allowed by law, the Tenant shall indemnify and hold harmless Landlord against any
and all liabilities, expenses, losses, costs and reasonable attorney's fees paid or incurred by Landlord in
enforcing any of its rights under this Lease Agreement including fees paid or incurred in defending its
rights hereunder against any creditor or trustee in bankruptcy of Tenant, and including fees paid or
incurred for services rendered in any appellate proceeding), expenses and liabilities paid or incurred in or
about any claim, demand, action or proceeding brought thereon, by or against Landlord as a result of:
(i) Tenant's use of the Demised Premises of for the conduct of its business or from any
activity, work or thing done, or permitted by Tenant in or about the Demised Premises;
(ii) Any personal injury or property damage occurring, in, upon or about the Demised
Premises-
(iii) Any failure on the part of Tenant to perform or comply with any covenant required to
be performed or complied with by Tenant hereunder or by reason of any failure on
Tenant's part to comply with any statute, ordinance or regulation imposed by any
governmental authority; any mechanic's lien, security agreement or other encumbrance
filed against the Demised Premises, the Landlord's interest therein or in the building
wherein the Demised Premises is located, or against any equipment therein or any
material used in the construction or alteration of any building or improvement thereon; or
(iv) Any negligence on the part of Tenant or its agents, contractors, licensees, servants or
invitees. All sums of money required to be paid by Tenant to Landlord, by reason of
indemnity in any form whatsoever and in addition, all sums of money required to be paid
by Tenant to Landlord, as and for additional rental shall, if the same be not paid within ten
(10) days of Landlord's demand, bear interest at the highest rate allowable by law under
the laws of the State of Florida.
In case any action or proceeding be brought against Landlord by reason of any such claim,
Tenant upon written notice from Landlord will at Tenant's expense resist or defend same by counsel
reasonably satisfactory to Landlord.
(b) Assumption of Risk
Tenant, as a material part of the consideration to Landlord, hereby assumes risk of damage to
property or injury to persons in or about the Demised Premises from any cause other than an affirmative
act of negligence by Landlord. Landlord shall not be responsible or liable to Tenant, its officers, agents,
servants and employees, or to any other occupant of any part of the Demised Premises, for any injury or
damage resulting from acts or omissions of the Tenant or other occupying the building containing the
Demised Premises or for any injury or damage resulting to Tenant or its property resulting from any failure
of water supply, gas or electric current or for any injury or damage caused by gasoline, oil, gas, electricity,
hurricane, tornado, flood, wind or similar storms or disturbances or for any interference with light or air.
(c) General Liability Insurance
Tenant is a governmental agency and is self -insured. Tenant shall provide Landlord certification of
coverage for the Demised Premises on or before the commencement date of the aforesaid insurance
coverage. A renewal certification shall be furnished to Landlord at least thirty (30) days prior to the
expiration date of each policy for which a certificate has been furnished. Nothing in this Agreement shall
be construed to affect in any way St. Lucie County's rights, privileges, and immunities as set forth in
Section 768.28, Florida Statutes, nor increase the sovereign immunities limit of the County beyond those
provided by statute. County shall have insurance continuously in place, including for the Demised
Premises, through the duration of the lease.
13. WAIVER OF SUBROGATION
Neither Landlord nor Tenant shall be liable to the other for any business interruption or any other
lessor damage to property or injury to or death of persons occurring on the Demised Premises or the
adjoining property, or in any manner growing out of or connected with the Tenant's use and occupation of
the Demised Premises, or the condition thereof, or of the adjoining property, whether or not caused by the
negligence or other fault of Landlord or Tenant or of their respective agents, employees, sub -tenants,
Page 5 Landlord*14"fTeriant: _
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P-204
licensees or invitees, but only to the extent Tenant obtains insurance for the aforesaid event., of
occurrences and Tenant's insurance pays any and all claims for damages presented. This release shall
apply, however, only to the extent that such business is covered by insurance and only to the extent of
such insurance, regardless whether such insurance is payable to or protects Landlord or Tenant or both.
Nothing contained in this paragraph shall be construed to impose any other or greater liability upon either
Landlord or Tenant than would have existed in the absence of this paragraph. This release shall be in
effect only so long as the applicable insurance policies contain a clause to the effect that this release shall
not affect the right of the insured to recover under such policies.
14. DAMAGE OR DESTRUCTION OF PREMISES
In case of damage by fire or other casualty to the Demised Premises or the building containing the
same, without the fault of the Tenant, if the damage is so extensive as to amount practically to the total
destruction of the building containing the Demised Premises, this Lease shall cease, and the rent shall be
apportioned to the time of the damage. In all other cases where the leased property is damaged by fire or
other casualty without the fault of the Tenant, the damage shall be repaired by and at the expense of
Landlord, provided that such repairs can, in Landlord's opinion, be made within ninety (90) days after the
occurrence of such damage without the payment of overtime or other premiums, and until such repairs
are completed, the rent shall be abated in proportion to the part of the Demised Premises which is
untenantable by Tenant in the conduct of its business. If the damage is due, in whole or in part, to the
fault or neglect of Tenant of its employees or agents, there shall be no abatement of rent whatever. If
such repairs cannot be made within ninety (90) days after the occurrence of such damage in Landlord's
opinion then Landlord may, at its option, make them within a reasonable time and in such event this Lease
shall continue in effect and the rent shall be apportioned in the manner provided above. Landlord must,
however, evidence its intention to make such repairs within the ninety (90) day period by written notice to
the Tenant within thirty (30) days after the occurrence of the damage. If Landlord does not so elect to
make such repairs then either party may, by written notice within thirty (30) days thereafter, cancel this
Lease and rent shall be apportioned as to any portion of the premises that remained tenantable as a result
of such casualty In no event, however, shall Landlord be responsible to Tenant for any damage or loss
incurred as a result of any casualty as described herein including but not limited to any loss of income,
business or goodwill.
15. EMINENT DOMAIN
If at any time during the term of this Lease title to the whole or materially all of the Demised
Premises shall be taken by the exercise of the right of condemnation or eminent domain or by agreement
between Landlord and any governmental authority that is authorized to exercise such right, then in either
of such events this Lease shall terminate from the time when possession is taken by such condemning
authority and rental shall be apportioned and paid to the date of the surrender or possession. For
purposes of this paragraph "materially all of the Demised Premises" shall be deemed to have been taken
if the portion of the Demised Premises not so taken cannot be so repaired or reconstructed as to render
the same reasonably suitable for the purpose for which it was leased, provided that such work shall not
exceed the scope of the work required to be done by Landlord in originally constructing such building and
the cost thereof shall not exceed the proceeds of its condemnation award.
All compensation awarded or paid upon such a total or partial taking of the Demised Premises
shall belong to and be the property of the Landlord without any participation therein by the Tenant. Tenant
agrees to execute any and all further documents that may be required in order to facilitate collection by
Landlord of any and all such awards. Nothing contained herein shall be construed to preclude Tenant
from prosecuting any claim directly against the condemning authority in such condemnation proceedings
for loss of business, or depreciation, damage to, or cost of removal of, or for the value of stock, trade
fixtures, furniture and other personal property belonging to Tenant; provided, however, that no such claim
by Tenant shall in any way diminish or otherwise adversely affect Landlord's award or the award of any fee
mortgage.
16. DELETED
17. DEFAULT: LATE CHARGE
The occurrence of any of the following shall constitute a default under the terms and conditions
of this Lease:
(a) Tenant vacates or abandons the Demised Premises at any time when a portion of the
total rental remains due or unpaid;
(b) Nonpayment of any rental (or any part thereof) provided for in this Lease Agreement
for more than five (5) days after the same becomes due and payable under the terms
hereof;
(c) Any breach of any of the conditions, stipulations or covenants by Tenant (other than
nonpayment of any sums designated as rental hereunder), as set forth in this Lease
Agreement, and said breach or default continues to exist for a period of ten (10) days
after written notice of said default has been given by Landlord to Tenant;
(d) Tenant makes an assignment for the benefit of creditors or a receiver or trustee has
been appointed for Tenant or for any of its property in the Demised Premises or there is a
voluntary or involuntary petition in bankruptcy filed by or against Tenant which is not
dismissed with fifteen (15) days of its being filed or if Tenant is adjudged bankrupt or files
for an arrangement and/or reorganization under the bankruptcy laws and said proceeding
is not dismissed within fifteen (15) days after the same has been filed; or
Page 6 Landlord :O/� "(Tenant:
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P-204
(e) Any of the assets or property of Tenant in the Demised Premises becomes attached
or levied upon.
Upon the occurrence of any evident of default Landlord shall be entitled to exercise any one or
more of the following remedies:
(i) Landlord may declare the lease terminated and declare Tenant to be a Tenant at
sufferance and bring an unlawful detainer action against Tenant or bring such other
proceedings as it shall deem appropriate to dispossess Tenant from the Demised
Premises;
(ii) In order to secure the Landlord's lien for rent, the Landlord shall, at its option, have
the right to immediately re-enter, retake and take possession of the Demised Premises,
and declare said term and Lease ended and expel Tenant and all persons occupying the
Demised Premises, or any part thereof and all of Tenant's rights in and to this Lease and
in and to the Demised Premises shall thereupon automatically become terminated,
forfeited, and all equipment, fixtures, and improvements therein situated upon said
Demised Premises, including all trade fixtures, equipment and improvements and other
fixtures shall pass to and become the property of the Landlord, not as a penalty or
forfeiture but as liquidated damages to Landlord occasioned by the default which
damages are hereby fixed and agreed upon between the parties hereto, each of the
parties recognizing the impossibility of precisely ascertaining the amount of such
damages and the cost and effect of such default, and in consequence of such forfeiture,
have taken these elements into consideration in fixing and agreeing upon the amount of
rent to be paid by Tenant to Landlord, and further, if Landlord makes an application for a
distress writ for levy upon the property of Tenant, the Landlord shall not be required to
post a bond in double the sum demanded or if property, in double the value of property
sought to be levied on, the Landlord may at his option, change the locks to preclude
Tenant and all of its employees and/or agents from coming on or about the premises, to
prevent the removal of any and all equipment, trade fixtures, chattels and any and all
property belonging to Tenant and/or its agents and employees.
(iii) Landlord may also, at its option, re-enter and retake possession of the Demised
Premises as agent for Tenant and for the protection of the Demised Premises and offer
the same for rent as agent for Tenant. In the event Landlord is able to re -rent or for a
term shorter than the remaining term hereof, Tenant shall remain liable for any deficit in
rental income over and above the amount realized for any period hereof, beyond the term
of any new lease. Provided, however, that this clause shall not require Landlord to re-
enter the Demised Premises but rather, Landlord may, at its option, do nothing and hold
Tenant responsible for the rent as and when it accrues from time to time thereafter or, at
Landlord's option, Landlord may accelerate the entire remaining unpaid total rental for the
leasehold term and all additional rental, or any part thereof, as prescribed under terms of
this Lease, and thereupon the same shall become immediately due and payable; and
(iv) Landlord shall also have and be entitled to exercise all other remedies available to
Landlord in such cases of default made and provided according to the Laws of Florida as
a cumulative remedy in addition to every other remedy given hereunder or by existing
future laws to Landlord, and Landlord shall also be entitled to restrain by injunction the
violation or attempted violation or threatened violation of any condition or provision of this
Lease or to a decree specifically compelling mandatory performance of any such
condition or provision and in the event of such injunctive action by Landlord, Tenant
hereby waives for itself and all persons claimant under Tenant any rights to prior notice of
the application for any temporary restraining order and of the necessity that Landlord file
any bond as a condition for issuance of any injunctive order, whether the same is
presently or hereafter conferred upon Tenant by any present or future law with respect to
injunctive relief.
(f) Any breach of any of the conditions, stipulations or covenants by Landlord, as set forth
in this Lease Agreement, and said breach or default continues to exist for a period of ten
(10) days after written notice of said default has been given by Tenant to Landlord. Upon
occurrence of any evident default by the Landlord, and subsequent failure to start to
correct within thirty (30) days, the Tenant may terminate the Lease.
No failure by Landlord to insist upon the strict performance of any term or condition of this Lease
or to exercise any right or remedy available upon a breach thereof and no acceptance of full or partial rent
(whether such acceptance is with or without knowledge of the breach of any covenant of this Lease)
during the continuance of any such breach shall constitute a waiver of any such breach or of any such
term or condition. No term or condition of this Lease required to be performed by Tenant and no breach
thereof shall be waived, altered, or modified, except by a written instrument executed by Landlord. No
waiver of any breach shall affect or alter any term or condition in this Lease and each such term or
condition shall continue in full force and effect with respect to any other existing or subsequent breach
thereof.
In the event any installment of rental is not paid within five (5) business days of the due date set
forth herein, Tenant agrees to pay a late charge equal to five percent (5%) of the amount of the unpaid
rental installment. In addition, in the event any one or more of Tenant's rental installment checks shall be
dishonored by the drawee bank and be returned to Landlord (for whatever reason), Tenant agrees to pay
a collection charge equal to five percent (5%) of the amount of the check. In addition, in such latter event,
Landlord shall have the right to thereafter require that all rental payments required hereunder be paid by
means of a cashier's check.
Page 7 LandlordOTenant: —
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P-204
18. QUIET ENJOYMENT
Tenant, upon the payment of the rent herein reserved and upon the due performance of all of the
terms and conditions of this Lease Agreement, shall at all times during the lease term and during any
extension or renewal thereof peaceably and quietly have, hold and enjoy the Demised Premises.
18. SUBORDINATION
This Lease is subject and subordinate to all ground or underlying leases now in existence or
hereafter executed as well as to the lien of the existing mortgages and all other mortgages which hereafter
may be a lien on the Demised Premises by the Landlord and/or its successors in title to such interest
encumbered, and also to all renewals, modifications, consolidations, replacements and extensions
thereof. This provision shall be self -operative and no further instrument or act on the part of the Tenant
shall be necessary to effectuate such subordination. In confirmation of such subordination, however,
Tenant shall promptly execute any certificate that Landlord may request or that may be requested by any
mortgage to confirm. The Tenant hereby appoints the Landlord as Tenant's attorney in fact, irrevocably,
to execute and deliver any such instrument for and on behalf of Tenant. Tenant will, at the request of any
ground or underlying lessee or mortgagee, upon such party succeeding to the interest of the Landlord,
attorn to such party and perform all of the covenants of the Tenant in favor of such party. The foregoing
shall not be in limitation of the rights which any mortgagee may have to collect rents from the Tenant
hereunder or under any assignment which the Landlord may have the Tenant's interest herein as
collateral, whenever the Tenant is furnished with a copy of such assignment and a demand for payment of
the rents by mortgagee based upon its certification to the Tenant that the Landlord is in default and that
the mortgagee has the right to effect such collection from Tenant.
20. INABILITY TO PERFORM
The obligation of Tenant to pay rent hereunder and perform all of the covenants and conditions
contained in this Lease Agreement shall in no way be affected, impaired or excused because Landlord is
unable to supply or is delayed in supplying any service required hereunder or is unable to make or is
delayed in making any repairs, additions, alterations required hereunder or is otherwise unable to perform
its obligations under this Lease Agreement by reason of strikes, labor troubles, the exercise of
governmental authority or by any other cause beyond the reasonable control of Landlord.
21. RIGHTS RESERVED TO LANDLORD
The Landlord reserves the following rights.
(a) To change the name of the building or street address of the Demised Premises with
sixty (60) day notice to Tenant;
(b) To constantly have pass keys to the Demised Premises and have the right to enter
the Demised Premises at all reasonable times, for the purpose of inspecting the leased
property, performing any work which Landlord elects to undertake (made necessary by
reason of Tenant's default under the terms of this Lease or which otherwise is deemed
expedient and necessary in the judgment of Landlord), exhibiting the leased property for
sale, lease or mortgage financing;
(c) To grant to anyone other than Tenant the exclusive right to conduct any particular
business or undertaking (including the same business or professional activity engaged in
by Tenant) in the building containing the Demised Premises or in any other building
located in the complex,
(d) To exhibit during the three (3) months prior to the expiration of the term of this Lease
or any renewal term upon or in the Demised Premises "For Rent" signs which Tenant
shall permit to remain thereon without molestation and during the last three (3) months of
the term or any part thereof (if during or prior to that time the Tenant vacates the
premises) to decorate, remodel, repair, alter or otherwise prepare the premises for
occupancy;and
(e) To otherwise enter the premises for any purpose whatever related to the safety,
protection, preservation or improvement of the Demised Premises or the building
containing the Demised Premises or of the Landlord's interest therein, without being
deemed guilty of an eviction or disturbance of the Tenant's use and possession and
without being liable in any manner to the Tenant.
22. TRANSFER OF LANDLORD'S INTEREST
In the event of any transfer of Landlord's interest in the Demised Premises or in the real property
containing the Demised Premises, other than a transfer for security purposes only, the transferor shall be
automatically relieved of any and all obligations and liabilities on the part of Landlord with respect to this
Lease Agreement, provided such obligations and liabilities are assumed in writing by the transferee.
23, RESTRAINT AGAINST ASSIGNMENT OR SUBLEASE
The Tenant shall not assign this Lease without the Landlord's prior written consent, which consent
shall not be unreasonably withheld. Such consent shall not be deemed to be unreasonably withheld if the
proposed assignee is of such financial standing and responsibility at the time of such proposed
assignment as shall cause reasonable doubt on the part of Landlord as to said proposed assignee's
financial ability to pay all rents and other amounts required under the Lease Agreement and otherwise fully
comply with all of the terms, covenants, provisions and conditions of this Lease Agreement. In this latter
Page 8 Landlord /—f Tenant:
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P-204
regard, Landlord may require not only the proposed assignee but, in the case of any proposed assignee
other than an individual, require, in addition, financial statements of the principal owners of the proposed
assignee and may likewise require, as a condition for consenting to the proposed assignment, that any or
all of the principal owners hereof personally guarantee the performance of the Tenant's obligations
hereunder.
The Tenant shall not sublet whatever all or any portion of the Demised Premises without first
securing the prior written consent of Landlord in each instance which approval Landlord may at any time
withhold in its sole discretion and any attempted subletting without such consent shall constitute an act of
default under this Lease.
In the event Landlord shall consent to any such assignment and/or subletting of the Demised
Premises no such assignment or subletting shall relieve Tenant from the obligations required hereunder to
be performed by Tenant. If notwithstanding the foregoing this Lease is assigned or if the leased property
or any part thereof is sublet, or occupied by anybody other than the Tenant, Landlord may deem such
assignment or subletting a default thereunder and may, after such default by the Tenant, collect rent from
any such assignee, subtenant or occupant and apply the net amount collected to the rent herein reserved.
No such assignment, subletting, occupancy or collection of rentals shall be deemed a waiver of this
covenant or be deemed to be an acceptance of Landlord of the assignee, subtenant or occupant as a
tenant or be deemed to be a release of Tenant from the further performance by the Tenant of all of the
covenants and conditions of this Lease Agreement.
24. RULES AND REGULATIONS
The rules and regulations of the LWPP Condominium Association respecting occupancy of the
building containing the Demised Premises, which rules and regulations are attached hereto as Exhibit "C,"
and made a part hereof by reference, shall be deemed a part of this Agreement with the same effect as
though written herein. Tenant convenants that such rules and regulations shall be faithfully observed by
Tenant, its agents, servants and employees and by all persons visiting the leased premises or claiming
under the Tenant. Tenant agrees and acknowledges that in order to maintain the high standards of
building management which are essential for the mutual benefit of Landlord and Tenant and the other
tenants of the building and/or complex, Landlord shall have the right (and the same is hereby expressly
reserved by Landlord) to add to, alter, or rescind, from time to time, such rules and regulations as
Landlord shall deem necessary for the proper management of the building wherein the Demised Premises
are located. All such changes in rules and regulations shall take effect immediately after notice thereof in
writing shall have been served to Tenant by leaving the same at the Demised Premises. Nothing
contained herein, however, shall be construed to impose upon Landlord any duty or obligation to enforce
the rules and regulations or the terms, covenants or conditions in any other lease, as against any other
tenant in any building located in the complex, and Landlord shall not be liable to Tenant for violation of the
same by any other Tenant, its servants, employees, agents, licensees or invitees.
25. ESTOPPEL CERTIFICATES
Tenant agrees, at any time and from time to time, upon five (5) days prior written notice from
Landlord to execute, acknowledge and deliver to Landlord a statement in writing certifying.
(1) That this Lease constitutes the entire agreement between Landlord and Tenant and is
unmodified and in full force and effect (or if there have been modifications, that the same
is in full force and effect as modified and stating the modification),
(ii) The dates to which the base annual rental, rental adjustment and other charges
hereunder have been paid, and the amount of any security deposit with Landlord,
(iii) That the Demised Premises have been completed on or before the date of such letter
and that all conditions precedent to the lease taking effect have been earned out;
(iv) That Tenant has accepted possession, that the lease term has commenced, that
Tenant is occupying the Demised Premises and that Tenant knows of no default under
the lease by the Landlord and that there are no defaults or offsets which Tenant has
against enforcement of this lease by Landlord;
(v) The actual commencement date of the lease and the expiration date of the lease, and
(vi) That the Tenant's office is open for business.
26. NEGOTIATION OF PARTNERSHIP, ETC.
It is understood and agreed that the relationship of the parties hereto is strictly that of Landlord
and Tenant and that the Landlord has no ownership in the Tenant's enterprise and this Lease shall not be
construed as a joint venture nor as a partnership. Tenant is not and shall at no time be deemed to be the
agent or representative of the Landlord.
27. NOTICES
Any notice under this Lease Agreement must be in writing and shall be deemed to be duly given
only if delivered personally or mailed by certified mail.
Addressed to the Tenant at:
Lydia Williams, General Services Manager
St. Lucie County Health Department
5150 NW Milner Drive
Port St Lucie, Florida 34983
Tel: 772.873.4B87 Page 9 Landlord: #4enant:
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P•204
Addressed to the Landlord at:
C&W South Investments, LLC.
525 NW Lake Whitney Place Suite 201
Port St Lucie, FL 34986
Tel: 772.340.3444
28. PRIOR AGREEMENT INCORPORATION: AMENDMENT: SEVERABILITY
(a) This Lease together with the Exhibits attached hereto, contains the entire agreement
and understanding between the parties. There are no oral understandings, terms or
conditions and neither party has relied upon any representation, express or implied, not
contained in this Lease Agreement or in the Exhibits attached thereto. All prior
understandings, terms or conditions are deemed merged in this Lease.
(b) No provision in this Lease may be amended or added to except by agreement in
writing signed by parties hereto or their respective successors in interest.
(c) If any term or provision of this Lease or the application thereof to any purpose or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Lease, or the application of such term of provision to persons or circumstances other than
those to which it is held invalid or unenforceable, shall not be affected thereby and each
term and provision of this Lease shall be valid and be enforced to the fullest extent
permitted by law.
29. GRAMMATICAL USAGE• BINDING EFFECT ON SUCCESSORS
(a) Wherever the context and the facts permit, the words "Landlord" and "Tenant" as well
as the use of pronouns in any form wherever they appear in this Lease Agreement shall
be deemed to include the singular and plural and all genders and shall include any
successors in interest to the parties hereto.
(b) This Lease Agreement and all of the covenants, terms, conditions, provisions and
undertakings contained herein or in any extension or renewal thereof shall extend to, be
binding upon and inure to the benefit of the heirs, personal representatives, successors
and assigns of the respective parties hereto to the same extent as if each successor and
assign were in each case named and expressed as a party to this original Lease
Agreement. If there is more than one party Tenant, the covenants of the Tenant shall be
a joint and several obligations of each such party Tenant and, If the Tenant is a
partnership, the covenants of the Tenant shall be the joint and several obligations of each
of the partners and, in addition, the obligations of the firm itself.
30. TRANSFER OF TENANT
Landlord reserves the right, at its option and upon giving sixty (60) days written notice in advance
to Tenant, to transfer and remove Tenant from the rooms and offices herein specified to any other
available rooms and offices of equal size and area and equivalent rental located in the buildings on the
Real Estate. Landlord shall bear the expense of said removal as well as the expense of any renovations,
IT equipment moving and re -wiring or alterations necessary to make the new space conform substantially
in arrangement and lay out with the original space covered by this lease-
31. LEGAL FEES: WAIVER OF JURY TRIAL
In the event that it is necessary for Landlord to bring legal action to enforce any of the terms of
this lease, including any action for possession, the Non -Prevailing Party shall be responsible for Prevailing
Party's costs and attorney's fees.
It is mutually agreed between Landlord and Tenant that the respective parties hereto shall and
they do hereby waive trial by jury in any action, proceeding or counterclaim brought by either of the parties
hereto against the other pertaining to any matter whatsoever arising out of or in any way connected with
this Lease or Tenant's use and occupancy of the premises.
In the event of any disagreement or dispute between the Landlord and Tenant arising out of the
terms of this Agreement, which dispute or disagreement cannot be resolved by the Parties through
mediation, the Landlord and Tenant shall submit such dispute to binding arbitration in St. Lucie County,
Florida, which arbitration shall proceed and be conducted in accordance with the then existing rules of the
American Arbitration Association. Judgment may be entered on the determination of the arbitrator(s) in
any court having jurisdiction over the subject matter of the Company. All decisions so made shall be final,
conclusive and binding upon the Parties hereto. The cost of the arbitration shall be borne in such
proportion as the arbitrator(s) shall direct, which direction shall be with the decision.
32. HEADINGS: TABLE OF CONTENTS
The headings to the various paragraphs of this Lease as well as the table of contents are inserted
only as a matter of convenience and for reference and in no way shall the same in any manner be
construed so as to define, limit or describe the scope or intent of this Lease, nor in any way modify, amend
or affect in any way the expressed terms and conditions hereof.
33. VENUE
In the event of any litigation arising out of this Lease Agreement, venue shall be solely in St Lucie
County, Florida.
JP
Page 10 Landlord:$ Tenant _
Lake Whitney Professional Park— W.I.C. LEASE 1/1110 FINAL LEASE P-204
34. LANDLORD'S LIABILITY LIMITS
(a) Anything in this Lease to the contrary notwithstanding, the term "Landlord" shall be
limited to mean and include only the then owner of the building.
(b) Anything in this Lease to the contrary notwithstanding, any judgment obtained against
Landlord in connection with this Lease or the subject matter hereof shall be limited solely
to Landlord's interest in the Building and the Land and shall be absolutely non -recourse
with respect to Landlord personally (including, if applicable, any general partners of
Landlord) and all other assets of Landlord.
36. HOLDOVER
It is further agreed that if Tenant or any assignee or sublessee shall continue to occupy the leased
premises after the termination of this Lease without the prior written consent of Landlord, such tenancy
shall be a tenancy from month to month, subject to Double the Amount of the Current Base Rent
applicable to the last month of this Lease. Acceptance by Landlord of rent after such termination shall not
constitute a renewal of this lease or a consent to such occupancy nor shall it waive Landlord's right of re-
entry or any other rights of Landlord.
36. TENANT'S OBLIGATION
Notwithstanding anything contained herein to the contrary, any obligations under any other
agreements between the Landlord and the Tenant, or the individuals signing on behalf of the Tenant, shall
be paid in full or satisfied in the sole discretion of the Landlord before this Lease shall be binding upon the
Landlord. The Landlord also reserves the right to waive this provision without waiving any other rights or
remedies that he has on any other claims against the Tenant or individuals signing on behalf of the
Tenant.
37. RADON GAS
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your St Lucie County Health Department.
38. REAL ESTATE BROKER DISCLOSURE
Tenant is NOT represented by a broker. The parties have not dealt with any other outside real
estate brokers in connection with this Lease other than Jones Lang LaSalle.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the day and hear first above
written.
Witnesses as t^ rRvu --th lnvicefmu 1 1 r
as Landlord:
Witnesses as t
County Dept or neann uepanmenr vvumuri, imams
and Children (WIC) Program
as Tenant:
C8W outh Investments, LLC
By: )� EO
Dan illard, Manager
St. Lucie County / St. Lucie County
Dept. of Health Department Women,
Infants and Children (WIC) Program
By:
Charles Grande, Chairman, Board of
County Commissioners, St Lucie County
Page 11 Landlord:lit
enant: _
Lake Whitney Professional Park — W.I.C. LEASE 111/10 FINAL LEASE P-204
ADDENDUM REPRESENTATION BY TENANT
Tenant represents to Landlord that Tenant has relied upon the legal counsel of, Attorney at Law,
of County, , who has confirmed below that he has
examined the foregoing Office Lease Agreement on behalf.
DATED this day of
Rv,
Printed Name:
Rv,
Printed Name:
CONFIRMATION OF LEGAL COUNSEL
THE UNDERSIGNED hereby confirms that Attorney at Law
has examined the foregoing Office Lease Agreement, the Addendum(s) and Guarantee, if any, on behalf
of and has counseled
in regard thereto.
DATED this day of
By:
Printed Name:
REPRESENTATIVE BY TENANT
THE UNDERSIGNED Tenant(s) and Guarantor(s), each hereby acknowledges that he has been
encouraged to engage legal counsel to review the foregoing Office Lease Agreement, the Addenda and
Guarantees, if any, by Landlord and each hereby confirms that he has waived such benefit of legal
counsel and confirms that he has read, understood and is familiar with all of the terms, conditions and
covenants contained in said Office Lease Agreement, Addenda and Guarantee, if any.
DATED this day of
By: _
Printed
By:
Printed Name:
Page 12 Landlord: //IIIUI Tenant: _
Lake Whitney Professional Park — W.I.C. LEASE 1/1110 FINAL LEASE P-204
EXHIBIT "A"
Attach Drawing Here
Page 13 LandlordATenant: —
HALL WAY
UNIT P - 204 FLOOR PLAN "A"
SCALE: N.T.S DATE: 11/7/09 l�
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P-204
EXHIBIT "B"
By execution hereof, St. Lucie County / St. Lucie County Dept. of Health Department Women, Infants and Children (WIC)
Program (hereinafter referred to as "Tenant"), and the undersigned, C&W South Investments, LLC. (hereinafter referred to
as "Landlord") agree to simultaneously execute an Office Lease Agreement ("Lease") for Units 101, 102, 103, 104, 105
and that portion of 106 as per Exhibit "A" of the Lease located at 531 NW Lake Whitney Place, Port St. Lucie, FL 34986 in
building K located in Lake Whitney Professional Park and more particularly described in the Lease as Demised Premises,
this Letter Agreement shall become "Exhibit B" thereof.
Landlord's calculation of the exact number of square feet calculation shall govern the Gross Area of the Demised
Premises for all purposes under this Office Lease Agreement.
Landlord and Tenant do mutually agree to the following:
1. Landlord agrees at its sole cost and expense to supply and otherwise undertake to do the following building
standard improvement work on the Demised Premises. This space is "AS IS" with the exception of some area
flooring and wall painting:
A. Telephone Outlets
Building standard wall mounted single hole with conduit above ceiling for Tenant contractor to wire,
locations are "AS IS" in the Demised Premises.
B. Finished Floors
Shaw Neyland II , 20 ounce glue down carpeting. Color #30351 Everglade as selected by Tenant from
Landlord's building standard selection in conference room, Offices, Staff area, storage rooms and HVAC
closets. Standard Ceramic tile "AS IS" in bathroom and kitchenette. Tile base board is "AS IS".
C. Kitchenette
Cabinets and countertop are "AS IS". Appliances are "AS IS".
D. Wall Comm'
All wall surfaces are covered with building standard color. Tenant can select an accent color for some
walls from Landlord's standard options. All Trim is painted with building standard White Satin Semi -Gloss
paint.
2. All of the provisions of the Office Lease Agreement shall apply to this work letter Exhibit "B", except where
expressly provided otherwise herein.
WITNESS:
Landlord:
rLouth Investments, LL
u )10E�
Danny Wi
Manager
Tenant St. Lucie County / St. Lucie
County Dept. of Health Department
Women, Infants Women, and
Children (WIC) Program
By:
Charles Grande, Chairman, Board of
County Commissioners, St Lucie County
Page 14 Landlord ilJTenant —
1
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P-204
EXHIBIT "C"
A.
RULES AND REGULATIONS
FOR
LAKE WHITNEY PROFESSIONAL PARK, A NON-RESIDENTIAL
PHASE CONDOMINIUM
(ALL REFERENCES HEREIN TO CAPITALIZED TERMS WHICH ARE NOT DEFINED IN THESE RULES
AND REGULATIONS SHALL HAVE THE MEANINGS ASCRIBED THERETO IN THE DECLARATION OF
CONDOMINIUM FOR LAKE WHITNEY PROFESSIONAL PARK, A NON-RESIDENTIAL PHASE
CONDOMINIUM ("DECLARATION-), AND THE ARTICLES OF INCORPORATION AND BY-LAWS FOR
LWPP CONDOMINIUM ASSOCIATION, INC.)
GENERAL RULES
1. OCCUPANCY. Units shall be used only for the purposes expressly set forth in the Declaration of
Condominium, and for no other purposes. Each Owner, tenant and occupant of a Unit should carefully review the
Declaration for additional occupancy and use restrictions.
2. USE.
(a) No improper, offensive or unlawful use shall be made of any Unit, the Condominium Property,
or of the Common Elements or any part thereof. All laws, zoning ordinances and regulations of all governmental
authorities having jurisdiction thereof shall be observed. .
(b) No Unit Owner shall permit or suffer anything to be done or kept in his Unit which will increase
the rate of insurance on the Condominium Property, or which will obstruct or interfere with the rights of other Unit
Owners or annoy them by unreasonable noises, smells or otherwise, nor shall any Unit Owner commit or permit
any nuisance, immoral or illegal act in or about the Condominium Property.
(c) The Association shall possess additional authority to promulgate rules and regulations
governing the manner, method and to what degree additional uses other than noted in this document may be
permitted, and further, the Association shall have the power to revoke the granting of such additional permitted
uses, when in the Association's sole discretion, the use in question has become excessive and/or violates the
commercial professional office character of the Condominium.
(d) The use of all Common Elements shall, at all times, be governed by these Rules and
Regulations, as they may be amended from time to time by the Association, and by such other rules and
reguiations as may be posted, from time to time, in and about such Common Elements by the Association.
(e) Common Elements and Limited Common Elements shall only be used for their designated
purposes only, the purposes specifically set forth in the Declaration, or as determined by the Association.
Common Elements and Limited Common Elements shall not be obstructed, littered, defaced, or misused in any
manner.
3. PETS. No pets shall be kept in or outside a Unit or brought onto the Condominium Property except that
guide dogs for the visually impaired will be permitted for a Unit Owner, tenant, occupant or invitee.
APPARATUS ALTERATIONS AND OTHER REGULATIONS.
(a) A Unit Owner shall not cause anything to be affixed or attached to, hung, displayed or placed
on the exterior walls, doors, terraces, or windows of a Building, Common Elements, Condominium Property, or a
Unit, except with the prior written consent of the Association, and further, if and when approved, subject to the
conditions designated and adopted by the Association. No linens, clothing, curtains, rugs, laundry or other articles
shall be shaken or hung from any of the windows, doors or other portions of the Condominium Property. No Unit
Owner or occupant shall permit anything to fall from a window or door of the Condominium Property, nor sweep or
throw from the Condominium Property any dirt or other substance onto any other portion thereof or upon the
Common Elements. All screening, window and exterior glass door coverings and drape linings shall only be in the
colors specified by the Association. Anything to the contrary notwithstanding, any Unit Owner may display one
portable, removal United States flag, whose size and location have first been approved, in writing, by the
Association.
(b) No Unit Owner shall cause improvements or changes to the exterior of the Condominium,
including, but not limited to, walls, screening, loggia, terrace, slab, porch or painting or other extensive decoration
of any aesthetic nature, installing electrical wiring, television antennae, satellite dish, or air conditioning units which
may protrude through the walls or roof of the Condominium Property or in any manner change the appearance of
any portion of the Buildings without the prior written consent of the Association.
Page 15 Landlord4 Tenant
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P-204
(c) Television, radios, musical instruments and other instrumentality of sound reproduction or
amplification shall only be used at such times and at such levels as will provide a minimum disturbance to other
Units Owners. No radio or television installation or other electrical equipment shall be permitted in any Unit if it
interferes with the television or radio reception of another Unit. No exterior antenna shall be permitted on the
Condominium Property, provided that the Developer shall have the right (but not the obligation) to install and
maintain community antennae, radio and television lines, satellite dish, security systems, and telecommunication
systems, or to permit such equipment subject to additional regulations as solely determined by the Association.
(d) Sidewalks, landscaped areas, entrances, exits, passages, halls, stairways, elevators,
driveways, parking spaces, loading spaces, and all other portions of the Common Elements must, at all times, be
kept free of obstruction.
(e) Unit Owners shall be financially responsible to the Association for damage to the Common
Elements or Limited Common Elements caused by themselves, their tenants, invitees, employees, contractors,
agents, guests and family members. If a Unit Owner fails to reimburse the Association for such damage, the
Association shall have all rights of collection and enforcement under the Declaration.
(f) No garbage cans, supplies, or other articles shall be placed in the pathway, halls, elevators,
stairways, walkways or parking areas unless placed by the Association or approved as an authorized garbage
disposal location by the Association. All garbage shall be properly bagged and deposited in garbage disposal
areas designated by the Association. Each Unit Owner shall comply with the requirements of any company
providing trash removal services retained by the Association. The areas designated for a dumpster by the
Association must be kept clear and unobstructed for use by the trash disposal vendor at all times.
(g) No sign, advertisement, notice, sticker, or other graphics or lettering shall be exhibited,
displayed, inscribed, painted or affixed in, on or upon any part of the Condominium Property, except signs
installed, used or approved by the Developer or the Association. No unsightly materials may be placed on any
window or glass door or be visible through such window or glass door on the Condominium Property.
(h) No flammable, combustible or explosive fluids, chemicals or other substances shall be kept or
stored in any Unit except for those fluids, chemicals or substances used in the scope of that Unit Owner's
approved business use for that Unit and further provided that they must be stored and kept inside the Unit at all
times. No fluids, chemicals or other substances shall be disposed, released, discharged, spilled, stored or kept on
the Common Elements or Limited Common Elements. All fluids, chemicals and other substances shall be
properly disposed of by the Unit Owners according to applicable codes, ordinances and regulations of all
governmental agencies having jurisdiction over the Condominium Property.
0) Repair, construction, decorating or remodeling work for any Unit or Limited Common Element
may be performed on Mondays through Fridays between the hours of 8:00 a.m. and 5:00 p.m. (the "normal
working hours-), and on Saturdays, Sundays and legal holidays. Unit Owners either making or causing to make
such repairs or improvements, shall make every effort to coordinate the execution of lengthy noise intensive work
to be performed either after or before normal working hours except in case of an emergency authorized by the
Association or as otherwise permitted under the applicable local municipal code or ordinance. The Developer (for
itself and its agents, designees and contractors) is exempt from this rule and regulation during the time the
Developer is constructing, maintaining or marketing the sale of the Units.
0) No skateboards, scooters, or similar equipment shall be used or stored on the Condominium
Property. Motorcycles, bicycles and mopeds shall be stored only in areas specifically designated by the
Association, if any, or inside the Unit.
(k) Illegal and immoral practices are prohibited.
(1) Lawns, shrubbery or other exterior plantings installed by the Developer or the Association will
not be altered, moved or added to without the prior written permission of the Association, whose consent may be
arbitrarily withheld. Planters may be placed at the entrances to Units if approved by the Board of Directors.
(m) Owners shall not place ash urns, newspaper racks, garbage containers, pallets, crates, boxes,
abandoned machinery or equipment outside of their Units. Unit Owners that generate a disproportionately large
quantity of refuse and consume a disproportionately large quantity of space within the trash facilities on the
Condominium Property, as solely determined by the Association, whose decision shall be final, shall be subject to
an equitably determined Special Assessment by the Association for such inequitable consumption of trash
services.
(n) Owners shall not store any equipment, machinery or toys used in their trade, business or for
leisure time outside of their Units.
(o) No Unit Owner shall personally access or cause others to access the roof of any Buildings for
any reason whatsoever without first complying with the written procedures of the Association for such access.
Such procedures shall include the filing of applicable licenses and insurance certificates with the Association for
technicians servicing rooftop equipment. Only service contractors who are duly licensed and insured in St. Lucie
County, and who first register with the Association, shall have the right to service utilities, roof mounted equipment
serving the Units, or other equipment permitted by the Association and installed by the Unit Owners, all in
connection with the Unit Owner's maintenance responsibilities as set forth herein or in the Declaration. All service
personnel accessing any roof shall work in a clean and safe manner and shall stay within marked rooftop
Page 16 Landlord :([jjj}',Tenant: _
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P-204
circulation paths and walkways and within the immediate area of equipment being serviced. DEVELOPER
SHALL NOT BE RESPONSIBLE OR LIABLE, AND APPLICABLE ROOF WARRANTIES, IF ANY, SHALL BE
NULL AND VOID, IN THE EVENT ROOF ACCESS PROCEDURES ARE NOT STRICTLY FOLLOWED.
(p) None of the following items or equipment shall be permitted on the exterior of the Association
Property, Buildings, Common Elements or Condominium Property: (i) food service/drink/vending or other similar
food dispensing units/machines; or (ii) other vending machines dispensing all types of merchandise, products,
goods, handbills, advertising magazines, or other types of things, as solely determined by the Association, whose
decision shall be final.
5. CHILDREN. Children shall be the direct responsibility of their parents or legal guardians, who must
supervise them, at all times, while they are on the Condominium Property. Children shall not be permitted to play in the
walks, parking areas, stairways, hallways, elevators, storage areas, pathways or corridors of the Condominium Property.
6. ASSOCIATION.
(a) No Owner, tenant or occupant of a Unit shall direct, supervise or in any manner attempt to
assert any control over any of the employees of the Association, nor shall he or she attempt to send any such
employees on private business of such Unit Owner, tenant, or occupant; such employees are to be directed only
by Officers of the Association or the management personnel engaged by the Association.
(b) The Association shall retain a passkey to the Units, and the Unit Owners shall provide the
Association with a new or extra key whenever locks are changed or added for the use of the Association pursuant
to its statutory right to access the Units or to remedy any situation or condition which, if not remedied, would result
in damage to any other Unit or the Common Elements. Duplication of Unit Owners' keys to Common Element
facilities is restricted in the interest of security. Such keys will be duplicated only with the assistance of the
manager. If such keys are of a high security type they may only be obtained from the manager at a cost
determined by the Board of Directors. Should an Owner fail to provide such a key, the Association shall have the
right to forcibly enter for emergency or other purposes provided herein or under the Declaration.
(c) Pursuant to the provisions of Section 718.112, Florida Statutes, the Association is only
obligated to respond to one written inquiry per Unit in any given 30-day period.
(d) The Association reserves the right to exclude or expel from the Condominium Property any
invitee, licensee, employee, agent, family member, or guest of an Owner or tenant of a Unit who, in the sole
judgment of the Association, is intoxicated or under the influence of alcohol or drugs.
7. PARKING.
(a) No campers, mobile homes, motor homes, house trailers or trailers of any other description,
recreational vehicles, boats or boat trailers, shall be permitted to be parked or to be stored at any time on the
Condominium Property.
(b) All vehicles must be currently licensed. No vehicle which cannot operate on its own power
shall be permitted to remain on the Condominium Property for more than twenty-four (24) hours. The Association
shall have the power to move or tow away improperly parked vehicles and the Association is specifically granted
the rights and benefits of Section 715.07, Florida Statutes.
(c) Speed limits shall be strictly observed.
(d) No vehicle maintenance or repairs shall be performed on the Condominium Property, except
for emergency repairs.
(e) Vehicles may only be washed in vehicle wash areas designated by the Association, if any, by
professional automobile detail companies approved in writing by the Association. No vehicle dripping oil or other
fluids shall be parked or stored on the Condominium Property.
(f) The Developer and its designees are exempt from these and any other parking regulations on
Condominium Property and Association Property for vehicles engaged in any activity relating to construction,
maintenance, or marketing of Units, as are commercial vehicles used by vendors of the Association and Unit
Owners while engaged in work at the Condominium Property.
8. RESPONSIBILITY FOR DELIVERIES. Unit Owners shall be liable for damages to the Condominium
Property caused by receiving deliveries, or moving or removing furniture or other articles to or from their respective Units.
9. SOLICITATION. There shall be no solicitation by any person anywhere in or on the Condominium
Property for any cause, charity or any other purpose whatsoever, unless specifically authorized by the Association.
Page 17 Landlord/iTeriant: —
Lake Whitney Professional Park — W.I.C. LEASE 1/1l10 FINAL LEASE P-204
10. OPEN DOORS. No Owner or occupant shall allow the front entrance to his or her Unit to remain open for
any purpose other than immediate ingress and egress.
11. FOOD AND BEVERAGES. Food and beverages shall be consumed only within Units and in such other
areas specifically designated for such use by the Association.
12. ODORS. No noxious or unusual odors shall be generated in such quantities that they permeate to other
Units and become annoyances or become obnoxious to other Owners. Normal cooking odors, normally and reasonably
generated from kitchens shall not be deemed violations of this regulation.
13. COOKING DEVICES. No fires, cooking devices, grills or other devices which emit smoke or dust shall be
allowed or used except in outdoor cooking areas specifically designated by the Association.
14. HURRICANE PROTECTION. Laminated glass or window film architecturally designed to function as
hurricane protection that complies with applicable building code shall be installed by Developer in each Unit. Thus, neither
the Association nor any Unit Owner shall have the right to install hurricane shutters on the Units or on the Condominium
Property without the prior written approval from the Association.
15. ELEVATORS AND MOVING. Elevators shall not be abused or overloaded. No children shall be
permitted to play or loiter in the elevators. No delivery or moving carts, or any other objects, shall remain unattended in
elevators. An elevator must be reserved with the Association at least seventy-two (72) hours before a move. Every
Owner, tenant or occupant must provide a certificate of insurance naming the Association as a named insured before
moving in or out of the Condominium regardless of whether an elevator is used in that move. Padding shall be installed in
an elevator while moving furniture or other objects which may damage the interior. An Owner, tenant or occupant moving
in or out of the Condominium, whether or not an elevator is used in that move, shall be required to place a security deposit
with the Association, in an amount reasonably determined by the Association, to cover any repair or damage to the
Common Elements or Association Property resulting from that move. The Unit Owner shall be responsible for any
damage to an elevator caused by Owner or his tenants, occupants, invitees, licensees, employees, family members,
agents and contractors.
16. COMPLIANCE BY UNIT OWNERS. All Owners, tenants, invitees, licensees, guests, family members,
agents, contractors, employees and occupants of a Unit shall comply with these Rules and Regulations, and any and all
rules and regulations which may, from time to time, be adopted by the Association, and the provisions of the Declaration,
Articles of Incorporation and By -Laws of the Association. Failure of any of the foregoing persons to comply with the terms
of this paragraph may subject that person to the imposition of a fine in accordance with the terms set forth in the
Declaration and to possible legal remedies, including, but not limited to, suits for money damages, injunctive relief, or any
combination thereof, as set forth in the Declaration, the Articles and By -Laws.
17. NOT APPLICABLE TO DEVELOPER. These Rules and Regulations shall not be applicable to the
Developer, its designees, successors and assigns, or to Units owned by or leased to the Developer.
18. RELIEF. The Board of Directors shall have the power, but not the obligation, to grant relief to one or more
Unit Owners under the particular circumstances involved from the provisions for specific restrictions contained in these
Rules and Regulations upon written request therefore, and for good cause shown in the sole opinion of the Board.
19. APPROVALS. All approvals required or permitted hereunder from the Association shall be in writing.
20. NOTICE. These Rules and Regulations do not purport to constitute all of the restrictions affecting the
Condominium Property. Reference should be made to the Declaration, Articles of Incorporation and By -Laws of the
Association, and any other documents governing the Condominium Property.
Page 18 Landlor ilk��
Tenant:
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P-204
B. RULES FOR UNIT OWNERS PARTICIPATION IN BOARD MEETINGS, A BUDGET COMMITTEE MEETING, AND A
MEETING OF ANY COMMITTEE AUTHORIZED TO TAKE ACTION ON BEHALF OF THE BOARD
RIGHT TO SPEAK:
1. To the maximum extent practicable, the posted board meeting agenda for each meeting will list the
substance of the matters and actions to be considered by the Board.
2, Robert's Rules of Order (latest edition) will govern the conduct of the Association meeting when not in
conflict with the Declaration of Condominium, the Articles of Incorporation, or the By -Laws.
3. After each motion is made and seconded by the Board members, the meeting chairperson will permit
Unit Owner participation regarding the motion on the floor. Such time may be limited depending on the complexity and
effect on the Association.
4. Unit Owner participation will not be permitted after reports of officers or committees unless a motion is
made to act on the report; or the chairperson determines that it is appropriate or is in the best interest of the Association.
5. A Unit Owner wishing to speak must first raise his or her hand and wait to be recognized by the
chairperson.
6. While a Unit Owner is speaking, he or she must address only the chairperson; no one else is
permitted to speak at the same time.
7. A Unit Owners may speak only once for not more than three minutes, and only on the subject or
motion on the floor.
8. The chairperson, by asking if there is any objection and hearing none, may permit a Unit Owner to
speak for longer than three minutes, or to speak more than once on the same subject. The objection, if any, may be that
of a Board member only, and if there is an objection the question will be decided by Board vote.
9. The chairperson will have the sole authority and responsibility to see to it that all Unit Owner
participation is relevant to the subject or motion on the floor.
RIGHT TO VIDEO OR AUDIOTAPE:
1. Audio and video equipment and devices that Unit Owners are authorized to use at any such meeting
must not produce distracting sound or light emissions.
2. Audio and video equipment will be assembled and placed in a location that is acceptable to the Board
or the committee before the beginning of the meeting.
3. Anyone videotaping or recording a meeting will not be permitted to move about the meeting room in
order to facilitate the recording.
4. At least 24 hours' advance written notice will be given to the Board by any Unit Owner desiring to use
any audio/video equipment to record a meeting.
Page 19 Landlord Ok
Tenant:
Lake Whitney Professional Park — W.I.C. LEASE 1/1l10 FINAL LEASE P-204
EXHIBIT "0"
Schedule 1 - OPTION 1 BASE ANNUAL LEASE RATE
OPTION
YEAR
GROSS BASE RENT
BASE RENT MONTHLY
1
$24,463
$2,038.54
2
$25,196
$2,099.70
3
$25,952
$2,162.69
4
$26,731
$2,227.57
5
$27,533
$2,294.40
Page 20
LandlordSljj Tenant:
1
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL LEASE P-204
EXHIBIT "E"
rerrs Cetricate of tit emption R, oua
10I12/OB
lamed Pumusint to Ohepta► 21$,'lrloi'ld9 8t1ttit•"
0tH7f2E)07 01/31re112
85.8012OW390C Y x Y;
■
Comm" �w pro
This c"nfies that
FLORIDA DEPARTMENT OF HEALTH r n..,�* ~
RA1 n YT+RBSs WAY f Boo rs1 [
TALLANABSEE FL 3234e-7017
npible
is exefrom tie payment of Florida salts and use lax on real property
reined, transiax+t rwatidtproPii�! roi1� , s
mpt
Personal property purchased or rented., or services purchased.
• 1Kt-tA
important Informetion'for Exempt Organizations a. o4roa
Yi Rrve�uc
t . You rrisat;pTovlda.a1 vendors and suppliers with an examp006 c4rtlHcat. beton•makinp tex••x"n+pt purchases,
8•" Rula 12A.1.M, Fiarlda AdminlWa0va C K% 1FAt1.
2. Your Consuimr's.Cefoloare bf Exemption is,e betjied so" by your organikailon for your orgsnizatiorfs
ctx►tornary nonprofit actiultlse-
3. purchase• mare by air IrdIVIdual tlri behalf df the organlMlon ere tirxable, even i the individual will be
r6bibtused by,lhe orgenicaUon.
4. This exemption applis• only:to pf�asesyour ofWnitaflon rhdkew The sale or 1•a•s to ethers by your
orga laden of tenptblo personal property,.t,"phg accommodations or outer. real property Is taxable. Your
orgarwtion must roister, and odl ect and r rrifl: sale8 and use tax ON such" taxpble tranbactions. Note: Churches
are. exemptfrom this requln�Mwrlt:azcept wPien they +ire Mrs lessor of real prop"Mlt (3uN"12A• 1.070, %AC).
6. Underno
4 Is a criminal offense 1Q Matltiuliratly: pLw>tK1t ttSis oalilflaj� to evatte Y!nm1 o14a1as tax
lvWdfi. Uloetors will be liable for
chum$tAnaee should till' Cefiff ila be udod f6t. ilSi � 6rllartal Wneffl oT nifty ind
payrnern of Ow soles box plus a penalty of 2009E of a" tax, and may be subject to conviction of a third degree
febny. Any. violeflon will neoeasnate the revocation -of this certlfloto,
6. M yorr have qu•stlorra r.p ON, your exemption' ceA icale, please contact the ExemPbOn lhdt of Central
Repixnrs1lion at eSOAS-7-413o. The mailing address is PO BOX GQO, tatlahaes•e.' FL 3P314 94E10,
Page 21 Landlord: Tenant:
Lake Whitney Professional Park - W.I.C. LEASE 1/1/10 FINAL
OFFICE LEASE AGREEMENT
:c10
THIS AGREEMENT, made and entered into this day of -209&-
by and between C&W South Investments, LLC hereinafter referred to as 'Landlord," and St. Lucie County
/ St. Lucie County Dept. of Health Department Women, Infants and Children (WIC) Program, hereinafter
referred to as "Tenant."
WITNESSETH, that the said Landlord, in reliance upon and in consideration of the rents,
representations, warranties, covenants and conditions herein contained on the part of the Tenant, hereby
leases unto said Tenant and said Tenant does hereby hire and take from said Landlord for the term, and
upon the terms and conditions hereinafter set forth that certain space in the Lake Whitney Professional
Park, a Non -Residential Phase Condominium located at 531 NW take Whitney Place, Port St. Lucie,
FL 34986 which is hereinafter described in detail and referred to here as the "Demised Premises."
TERMS AND CONDITIONS
1. TERM: DEMISED PREMISES
Landlord hereby leases to Tenant and Tenant hereby hires from Landlord office space comprising
the entirety of Building "K" (so named Suite No.101, 102, 103, 104, 105 and that portion of 106 as per
Exhibit A") located at 531 NW Lake Whitney Place, Port St. Lucie, FL 34986 to have and to hold, for
a term of One Hundred and Twenty (120) months, commencing on the U day of
2010, ("Lease Commencement Date") and ending on the last day of (_) day of
20_ (the entire period, "Lease Term" ).
(a) The Demised Premises
Building "K" (Suite No. 101, 102, 103, 104, 105 and that portion of 106 as per Exhibit
"A") consisting of approximately (7,618) square feet of gross rentable space, and
comprises a portion of the aforesaid office condominium complex. The space is more
particularly described in the Tenant's Plan Sheet and Tenant's Specification Schedule,
being Exhibits "A" to this Lease Agreement, each of which bears the Suite Number of the
Demised Premises and bears the initials of the parties hereto. The provisions of said
Exhibits are incorporated herein by reference as a part of this Lease Agreement.
(b) Option to Extend Lease
(i) Option. Tenant shall have one (1) option to extend the Lease Term of this Lease for
additional periods of five (5) years each, such period called an "Option Period", Option
Period to begin immediately upon the expiration of the initial Lease Term as extended and
the same terms and conditions set forth herein shall apply to such Option Period.
(ii) Exercise of Option. In order to exercise its option to extend, Tenant shall provide
Landlord with written notice of its election to extend the Lease Term not less than six (6)
months prior to the expiration of the Lease Term (as the same may have previously been
extended).
(iii) Option Rental Rate. In the event Tenant exercises its option to extend the Lease
Term of the Lease, the Base Annual Rent (as hereinafter defined) shall be as provided in
Exhibit "D" hereof, effective as of the first day of the Option Period, and shall be adjusted
on an annual basis (beginning on the date that is one calendar year from the first day of
the Option Period) each succeeding year thereafter as per Exhibit "D".
(c) Cancellation of Lease
(i) As long as the State of Florida Fiscal Year Budget, for each year of the Lease Term,
has funding for the Tenant program the Lease cannot be cancelled and all terms and
conditions set forth herein shall apply.
(ii) If the State of Florida Fiscal Budget cuts funding to the Tenants program for St Lucie
County by over Forty percent (40%) from the previous year's Fiscal Budget during the
Lease Term, Tenant shall give Landlord no less than a Sixty (60) day notice prior to the
start of the following Lease Term year ("Cancellation Notice"), based on the original
Commencement Date, of its intent to cancel this lease. Prior to the Cancellation Notice,
Tenant and Landlord may opt to renegotiate the demised premises as far as size (square
footage) and/or terms in lieu of Cancellation Notice.
2. RENTAL
The "Rent Commencement Date" shall be the date upon which a Certificate of Occupancy from
the governing authority having jurisdiction over Landlord's work has been issued for the Demised
Premises are "AS IS" as per the Plans and Specifications submitted which in accordance with Tenants
Plans and Drawings Exhibit "A" and Tenants Specifications Exhibit'B".
For purposes herein, the term "Lease Year" shall mean consecutive twelve (12) month periods
commencing on the Rent Commencement Date
Page 1 Landlord ; W � Tenant:
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL
Each Lease Year thereafter during the Lease Term the Base Annual Rent will be adjusted
annually pursuant to Paragraph 2(a) of this Lease Agreement.
Tenant agrees to pay monthly to Landlord, as and for Base Annual Rent for the Demised
Premises on or before Thirty (30) days after the Rent Commencement Date for the previous month, and
continuing through the last calendar month which falls within the Lease Term, one -twelfth (1/12th) of that
Lease Year Base Annual Rent as per Paragraph 2(a), or Exhibit "D" if the Lease Term has been extended
by Option Period, of this Lease Agreement ("Monthly Installments of Base Annual Rent") as listed in
Paragraph 2(a) of this Lease Agreement plus sales tax, if applicable, ten (10) days before that month ends
for that month. During the Lease Term, if the Rent Commencement Date is not on the first of the month,
the first month's Base Annual Rent shall be prorated accordingly. All Monthly Installments of Base Annual
Rent will be paid to Landlord, C&W South Investments, LLC at 525 NW Lake Whitney PL Suite 201 Port
St Lucie, FL 34986 (or at such other place as the Landlord may from time to time designate in writing)
after receipt of invoice from Landlord without abatement, diminution, deduction or offset.
(a) Base Annual Rent Adiustment
The Base Annual Rent shall be calculated as follows; beginning on the Rent
Commencement Date Rent as per Schedule 2a:
Rent Schedule 2a.
YEAR
GROSS BASE RENT
BASE RENT MONTHLY
1
$143,218
$11,934.83
2
$147,518
$12,293.17
3
$151,940
$12,661.67
4
$156,498
$13,041.50
5
$161,194
$13,432.83
6
$166,029
$13,835.75
7
$171,010
$14,250.83
8
$176,141
$14,678.42
9
$181,425
$15,118.75
10
$186,868
$15,572.33
(b) CAM and Real Estate Tax
ESTIMATED INITIAL ANNUAL AMOUNTS:
N/A — Gross Lease
3. USE OF PREMISES AND RESTRICTIONS ON USE
Tenant shall use and occupy the Demised Premises for the use and purpose designated herein
which use or purpose is designated for General Office and for no other use or purpose unless the Tenant
shall first secure the written consent of Landlord, said consent shall not be unreasonable withheld.
Tenant's use of premises for such purpose will require occupancy by a total of not more than Forty Five
(45) employees (including the Tenant, if an individual) and no greater number of employees shall occupy
the Demised Premises unless Tenant shall first secure the consent in writing of Landlord. Tenant will have
access to Demised Premises twenty-four (24) hours a day, seven (7) days a week.
(a) The Tenant shall not use or occupy the Demised Premises or any part thereof in a
manner which shall violate any certificate of occupancy for the Demised Premises,
make void or voidable any insurance then in force with respect thereto in which the
Demised Premises is located over that which is in effect prior to commencement of
this Lease, or which will cause or is likely to cause structural damage to the building
or any part thereof, interfere with the normal operations of the heating, air
conditioning, ventilating, plumbing, mechanical or electrical systems of the building or
the elevators installed therein, constitute a public or private nuisance, or detract from
(aesthetically or otherwise) the appearance of the exterior of the building containing
the Demised Premises or of any portion of the interior of said building (including the
Demised Premises) or otherwise use or permit the use of the Demised Premises for
any purpose which in the reasonable opinion of the Landlord would adversely affect
the then value or character of the Demised Premises, or any use not permitted in the
Rules and Regulations of Lake Whitney Professional Park, a Condominium.
(b) Tenant's use of the premises shall conform with approved uses of the Lake Whitney
Professional Park Condominium Association.
4, ADVANCE RENTAL: SECURITY DEPOSIT
Tenant is part of a Federal program started Nationally in 1974, with the local St Lucie
County program starting in March 1979, Since its inception, the local program has never had a
budget reduction. Federal and State programs cannot have funds guaranteed beyond that years
Fiscal Budget. Therefore, Tenant will not provide any Security Deposits or Advanced rental
payments to Landlord.
Page 2 Landlord: Aenant:
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL
However, Tenant will guarantee the Rent annually, once a new rental year starts, as per
Article 2. RENTAL and 2(a) Base Annual Rent Adjustment. Rent is guaranteed by Tenant based
on Tenants Pro tgram being funded as allocated in the State of Florida following years Fiscal
Budget (July 1` to June 30t), notwithstanding the Federal Fiscal Year of October 1" to
September 30ti` of current year.
5. USE OF PARKING LOT
Tenant, its employees and invitees, shall have the right to use the parking area adjoining the
building wherein the Demised Premises are located, in common with the other tenants, although no
designated space or spaces are or will be assigned to Tenant. Tenant shall at all times have the right to
use a total of Fifty Five (55) parking spaces. Use of additional parking spaces shall only be upon first
securing prior written consent of Landlord. Landlord expressly reserves the right to assign, from time to
time, which parking spaces shall be enjoyed by Tenant during the term hereof and the further right to re-
assign the parking spaces to be used and enjoyed by Tenant so long as Tenant shall be fumished with the
specified minimum number of spaces set forth herein.
It is hereby agreed to and acknowledged by Tenant that although Paragraph Three (3), "USE OF
PREMISES AND RESTRICTIONS ON USE" may designate a higher number of employees than
Paragraph Five (5) designates as the allotted parking allowance, both Tenant and Landlord have taken
into consideration, car pooling, vacation time, sick time and the fact that all employees will not be on the
premises at the same time. Tenant also acknowledges that the number of employees as stated within the
lease agreement does not in any way require the Landlord to supply additional parking spaces.
6. BUILDING AND OPERATING EXPENSES
(a) Personal Property Taxes, Assessments
Tenant shall pay prior to delinquency all taxes assessed against or levied upon the
fixtures, furnishings, equipment and all other personal property of Tenant located in the
Demised Premises and whenever possible Tenant shall cause said personal property of
Tenant to be assessed and billed separately from the real property containing the
Demised Premises. In the event any or all of Tenant's fixtures, furnishings, equipment
and other personal property as aforesaid shall be assessed and taxed with Landlord's real
property or any part of the same, Tenant shall pay to Landlord its share of such taxes
within ten (10) days after delivery to Tenant by Landlord of a statement in writing setting
for the amount of such taxes applicable to Tenant's personal property which sum shall be
due in the same manner as additional rental. Notwithstanding the foregoing, Landlord
shall have the right, as its option, to pay any such taxes before the issuance of a tax sale
certificate thereon in which event the amount so paid by Landlord shall be reimbursed to it
by Tenant within ten (10) days after demand, as additional rental.
(b) Sales Tax
Tenant has Tax Exempt status. See Exhibit "E"
(c) Utilities. Sanitation
Landlord shall NOT provide electrical or telephone utility services for the demised
premises, but will make these services available to Tenant through a third party.
Landlord shall not be held responsible for the discontinuance of the above services due to
power failures, or for services being shut off by vendor and/or Landlord for repairs and
maintenance. It is further agreed by Landlord and Tenant that there shall be no offset or
abatement of rent for same.
7. IMPROVEMENTS TO AND ALTERATIONS OF DEMISED PREMISES
Landlord has agreed to finish the Demised Premises for Landlord's cost and expense as
described in the attached Tenant's Plan Sheet and Tenant's Specification Schedule, Exhibit "A". Landlord
shall have the right to require Tenant to remove such improvements, additions and fixtures as Landlord
shall designate. Same to be removed at Tenant's cost upon termination of this Lease; and provided
further, however, that the movable furniture, movable personal property and movable trade fixtures
brought onto the Demised Premises at Tenant's expense which, pursuant to the provisions of this Lease
may be removed by Tenant at the expiration or sooner termination of this Lease, shall not be deemed to
be the property of Landlord.
(a) Tenant acknowledges and agrees that it has no power to incur any indebtedness
giving right to a lien of any kind or character upon Landlord's right, title and interest in and
to the Demised Premises nor in the land or buildings wherein the Demised Premises are
situate and no person shall ever be entitled to any lien directly or indirectly derived through
or under Tenant or its agents or servants on account of any act of omission of Tenant
which shall be superior to the rights of Landlord.
(b) Tenant shall not otherwise make any alterations, additions, or improvements to the
Demised Premises without first securing the prior written consent of Landlord of the plans
and specifications of such alterations, additions, and/or improvements that have been
submitted to Landlord by Tenant. If Landlord shall give its consent, said consent shall not
be unreasonably withheld, to any proposed alteration, addition, and/or improvement
Landlord shall be entitled to require, as a condition precedent to such consent, The State
Page 3 Landlord V Tenant —
Lake Whitney Professional Park — W.I.0 LEASE 1/1110 FINAL
of Florida cannot give a security deposit, but shall be responsible for any lien it causes to
be placed on the Demised Premises and shall protect the Demised Premises from and
against liens of mechanics and other lienor performing work or services in or on the
Demised Premises or supplying materials in connection with any construction work to be
performed for Tenant within the Demised Premises. If any lien shall be filed against the
Demised Premises or the building wherein the same is situate, then Tenant shall cause
the same to be discharged in the manner as provided by law within ten (10) days after the
filing of the lien by leinor upon the public records. Failure to do so shall constitute a
default hereunder. Tenant agrees to indemnify and save harmless Landlord from any and
all liabilities, damages, expenses, expenditures or otherwise, including attorney's fees,
reasonably incurred or paid, for breach of this paragraph.
(c) If Tenant requires renovations to the Demised Premises ("Work*), Landlord needs to
agree to said changes, price (including carry costs) and schedule the work. Once Tenant
signs off on the drawings, price and schedule Landlord will apply for and receive all
required local approvals. Perform the work and turn space back to Tenant. Landlord will
pay for all approved Work and will modify the Lease Base Annual Rent (Article 2(a)) per
square foot rate for the remaining Lease Term from date Tenant approved Work.
8. REPAIRS AND MAINTENANCE OF PREMISES
The Tenant covenants and agrees that it will, during the term of this Lease, at its own expense,
keep, preserve and maintain the Demised Premises in a proper, safe, tenant able, good and substantial
state of repair and condition and will from time to time make or cause to be made all needful and proper
repairs, replacements and improvements, whether or not necessitated by wear, tear, obsolescence or
defects, latent or otherwise, so that the Demised Premises shall at all times be maintained in as good
order and repair as it is at the date of the commencement of the leasehold term herein. Tenant also,
hereby agrees that it will not cause, suffer or permit any waste, damage, neglect, or injury to the Demised
Premises. All such repairs shall be made at least equal in quality to the original work. Although not
required to do so, Landlord may, at its option, make any such repairs which are not promptly made by
Tenant and may charge the cost thereof to Tenant as additional rental.
Tenant shall be responsible for maintenance to include incidental HVAC system service including
observe and record pressure, leaks; Observe and record voltage and amp draws; Observe and calibrate
thermostat as needed; Check and record temperature differential; Brush clean evaporator/condenser coil
as needed; Clean and replace air filters; Clean and flush condensate line; Inspect, adjust replace fan belts
and or motors; Inspect and notify of defective piping insulation; Inspect internal wiring and note
deficiencies, freon charging unless it is the result of leaking or major damage; fuse replacement, drain line
and coil maintenance. Landlord shall be responsible for replacement of HVAC system provided tenant
keeps record of maintenance and service calls. Light bulb and ceiling the replacement shall be Tenant's
responsibility during the term of this lease.
9. SIGNS. USE OF NAME
Tenant shall not use the name of the building wherein the Demised Premises are contained for
any purpose other than the address of the business to be conducted by Tenant in the Demised Premises,
without first securing the prior written consent of Landlord, said consent shall not be unreasonably
withheld.
No sign, pictures or advertisement or notice shall be displayed, described, painted or affixed on
any part of the outside or inside of the Demised Premises or the building or parking areas in and about the
building containing the Demised Premises, except upon the outside sign area designated by Landlord for
Tenant's suite and then, only such color, size, style, lettering, material and format as permitted. Tenant
acknowledges that it is essential for the successful operation of the building and/or complex, and for the
benefit of all Tenants that aesthetic harmony be maintained throughout with regard to the sign materials
that will identity each Tenant to the public. To achieve this end Landlord will present Tenant with an
estimate to install aluminum leaf sign lettering on Tenant's exterior glass entrance door and also secure
for Tenant an exterior sign to be placed on the outside sign area for the building containing the Demised
Premises. Tenant shall then be allowed to obtain bids and select which contractor to use. All of the
foregoing sign expense shall be borne by Tenant and shall be paid to Landlord by Tenant upon demand.
Other than the foregoing no signs, flags, showcases, obstructions, statuary, advertising devises, or "For
Rent" signs whatever shall be displayed by Tenant outside of Demised Premises, on any exterior surface
of the building containing the Demised Premises or in the passageways, halls, lobbies, or corridors by
Tenant. Landlord hereby reserves the right to remove any of the same, without notice to Tenant at
Tenant's expense
10. RETURN OF DEMISED PREMISES
At the termination of the lease term Tenant shall surrender the leased property to
Landlord, broom -clean, in as good condition and repair as at the commencement of the term
normal wear and tear excepted. Landlord shall thereupon notify Tenant whether Landlord elects
to retain ownership of all leasehold improvements, alterations and additions (as described in
Paragraph Seven (7)) and in the event Landlord shall elect that Tenant shall remove the same,
Tenant shall remove or cause the removal of same at Tenant's expense without further delay.
Upon Tenant's failure to remove same, and in such event Landlord, although not required to do
so, may remove the same and the cost of effecting such removal shall be deemed additional
rental due hereunder from Tenant.
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Tenant:
Lake Whitney Professional Park — W.I.C. LEASE 1/1110 FINAL
(a) If not then in default, Tenant shall have the right at the end of the term to remove any
equipment, furniture, trade fixtures or other personal property placed but not affixed to the
Demised Premises, provided that Tenant contemporaneous with such removal repairs any
damage to the Demised Premises caused by such removal.
(b) No act or thing done by Landlord or its agents during the term of this lease shall be deemed
an acceptance of the surrender of the Demised Premises and no agreement to accept such
surrender shall be valid unless in writing, signed by Landlord. No employee or agent of Landlord
shall have any power to accept the keys for the Demised Premises prior to the termination of this
Lease and the delivery of the keys to any employee or agent of the Landlord shall not operate as a
termination of this Lease or a surrender of the Lease to property.
(c) Five (5) days prior to the last day of the term of this Lease or any extension or renewal hereof,
Landlord and Tenant together shall thoroughly inspect the Demised Premises. Within Twenty
Four (24) hours of the conclusion of such inspection, Landlord shall (i) hand deliver to Tenant a
list of items, the repair of which shall be Tenant's reasonable financial obligation (pursuant to
Section 10 of this Lease (the "Repair List")) and (ii) sign, date and have Tenant's authorized
representative sign the Repair List. (iii) Tenant shall have Three (3) days from the date of the
signed Repair List to make any corrections and the Repair List will be reinspected and signed by
both Tenant and Landlord to establish the value of repairs reaming to the space and invoice
Tenant for same.
11. PROPERTY & CASUALTY INSURANCE
The Landlord shall keep the building containing the Demised Premises insured against loss or
damage by fire and other perils with extended coverage endorsement in an amount sufficient to prevent
the Landlord from becoming a co-insurer under the terms of the applicable policies, but in any event, an
amount not less than 80% of the full insurable value as determined from time to time.
12. LANDLORD INDEMNIFICATION: GENERAL LIABILITY INSURANCE
(a) Obligation of Indemnity
To the extent allowed by law, the Tenant shall indemnity and hold harmless Landlord against any
and all liabilities, expenses, losses, costs and reasonable attorney's fees paid or incurred by Landlord in
enforcing any of its rights under this Lease Agreement including fees paid or incurred in defending its
rights hereunder against any creditor or trustee in bankruptcy of Tenant, and including fees paid or
incurred for services rendered in any appellate proceeding), expenses and liabilities paid or incurred in or
about any claim, demand, action or proceeding brought thereon, by or against Landlord as a result of:
(i) Tenant's use of the Demised Premises of for the conduct of its business or from any activity,
work or thing done, or permitted by Tenant in or about the Demised Premises;
(ii) Any personal injury or property damage occurring, in, upon or about the Demised Premises
(iii) Any failure on the part of Tenant to perform or comply with any covenant required to be
performed or complied with by Tenant hereunder or by reason of any failure on Tenant's part to
comply with any statute, ordinance or regulation imposed by any governmental authority, any
mechanic's lien, security agreement or other encumbrance filed against the Demised Premises,
the Landlord's interest therein or in the building wherein the Demised Premises is located, or
against any equipment therein or any material used in the construction or alteration of any
building or improvement thereon; or
(iv) Any negligence on the part of Tenant or its agents, contractors, licensees, servants or
invitees. All sums of money required to be paid by Tenant to Landlord, by reason of indemnity
in any form whatsoever and in addition, all sums of money required to be paid by Tenant to
Landlord, as and for additional rental shall, if the same be not paid within ten (10) days of
Landlord's demand, bear interest at the highest rate allowable by law under the laws of the
State of Florida.
In case any action or proceeding be brought against Landlord by reason of any such claim,
Tenant upon written notice from Landlord will at Tenant's expense resist or defend same by counsel
reasonably satisfactory to Landlord.
(b) Assumption of Risk
Tenant, as a material part of the consideration to Landlord, hereby assumes risk of damage to
property or injury to persons in or about the Demised Premises from any cause other than an affirmative
act of negligence by Landlord. Landlord shall not be responsible or liable to Tenant, its officers, agents,
servants and employees, or to any other occupant of any part of the Demised Premises, for any injury or
damage resulting from acts or omissions of the Tenant or other occupying the building containing the
Demised Premises or for any injury or damage resulting to Tenant or its property resulting from any failure
of water supply, gas or electric current or for any injury or damage caused by gasoline, oil, gas, electricity,
hurricane, tornado, flood, wind or similar storms or disturbances or for any interference with light or air.
(c) General Liability Insurance
Tenant is a governmental agency and is self -insured. Tenant shall provide Landlord certification of
coverage for the Demised Premises on or before the commencement date of the aforesaid insurance
coverage. A renewal certification shall be furnished to Landlord at least thirty (30) days prior to the
expiration date of each policy for which a certificate has been furnished. Nothing in this Agreement shall
be construed to affect in any way St. Lucie County's rights, privileges, and immunities as set forth in
Section 768.28, Florida Statutes, nor increase the sovereign immunities limit of the County beyond those
provided by statute. County shall have insurance continuously in place, including for the Demised
Premises, through the duration of the lease.
Page 5 Landlord/1 Tenant: —
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL
13. WAIVER OF SUBROGATION
Neither Landlord nor Tenant shall be liable to the other for any business interruption or any other
lessor damage to property or injury to or death of persons occurring on the Demised Premises or the
adjoining property, or in any manner growing out of or connected with the Tenant's use and occupation of
the Demised Premises, or the condition thereof, or of the adjoining property, whether or not caused by the
negligence or other fault of Landlord or Tenant or of their respective agents, employees, sub -tenants,
licensees or invitees, but only to the extent Tenant obtains insurance for the aforesaid events of
occurrences and Tenant's insurance pays any and all claims for damages presented. This release shall
apply, however, only to the extent that such business is covered by insurance and only to the extent of
such insurance, regardless whether such insurance is payable to or protects Landlord or Tenant or both.
Nothing contained in this paragraph shall be construed to impose any other or greater liability upon either
Landlord or Tenant than would have existed in the absence of this paragraph. This release shall be in
effect only so long as the applicable insurance policies contain a clause to the effect that this release shall
not affect the right of the insured to recover under such policies.
14. DAMAGE OR DESTRUCTION OF PREMISES
In case of damage by fire or other casualty to the Demised Premises or the building containing the
same, without the fault of the Tenant, if the damage is so extensive as to amount practically to the total
destruction of the building containing the Demised Premises, this Lease shall cease, and the rent shall be
apportioned to the time of the damage. In all other cases where the leased property is damaged by fire or
other casualty without the fault of the Tenant, the damage shall be repaired by and at the expense of
Landlord, provided that such repairs can, in Landlord's opinion, be made within ninety (90) days after the
occurrence of such damage without the payment of overtime or other premiums, and until such repairs
are completed, the rent shall be abated in proportion to the part of the Demised Premises which is
untenantable by Tenant in the conduct of its business. If the damage is due, in whole or in part, to the
fault or neglect of Tenant of its employees or agents, there shall be no abatement of rent whatever. If
such repairs cannot be made within ninety (90) days after the occurrence of such damage in Landlord's
opinion then Landlord may, at its option, make them within a reasonable time and in such event this Lease
shall continue in effect and the rent shall be apportioned in the manner provided above. Landlord must,
however, evidence its intention to make such repairs within the ninety (90) day period by written notice to
the Tenant within thirty (30) days after the occurrence of the damage. If Landlord does not so elect to
make such repairs then either party may, by written notice within thirty (30) days thereafter, cancel this
Lease and rent shall be apportioned as to any portion of the premises that remained tenantable as a result
of such casualty. In no event, however, shall Landlord be responsible to Tenant for any damage or loss
incurred as a result of any casualty as described herein including but not limited to any loss of income,
business or goodwill.
15. EMINENT DOMAIN
If at any time during the term of this Lease title to the whole or materially all of the Demised
Premises shall be taken by the exercise of the right of condemnation or eminent domain or by agreement
between Landlord and any governmental authority that is authorized to exercise such right, then in either
of such events this Lease shall terminate from the time when possession is taken by such condemning
authority and rental shall be apportioned and paid to the date of the surrender or possession. For
purposes of this paragraph "materially all of the Demised Premises" shall be deemed to have been taken
if the portion of the Demised Premises not so taken cannot be so repaired or reconstructed as to render
the same reasonably suitable for the purpose for which it was leased, provided that such work shall not
exceed the scope of the work required to be done by Landlord in originally constructing such building and
the cost thereof shall not exceed the proceeds of its condemnation award.
All compensation awarded or paid upon such a total or partial taking of the Demised Premises
shall belong to and be the property of the Landlord without any participation therein by the Tenant. Tenant
agrees to execute any and all further documents that may be required in order to facilitate collection by
Landlord of any and all such awards. Nothing contained herein shall be construed to preclude Tenant
from prosecuting any claim directly against the condemning authority in such condemnation proceedings
for loss of business, or depreciation, damage to, or cost of removal of, or for the value of stock, trade
fixtures, furniture and other personal property belonging to Tenant; provided, however, that no such claim
by Tenant shall in any way diminish or otherwise adversely affect Landlord's award or the award of any fee
mortgage.
16, DELETED
17. DEFAULT: LATE CHARGE
The occurrence of any of the following shall constitute a default under the terms and conditions
of this Lease:
(a) Tenant vacates or abandons the Demised Premises at any time when a portion of the
total rental remains due or unpaid;
(b) Nonpayment of any rental (or any part thereof) provided for in this Lease Agreement
for more than five (5) days after the same becomes due and payable under the terms
hereof;
(c) Any breach of any of the conditions, stipulations or covenants by Tenant (other than
nonpayment of any sums designated as rental hereunder), as set forth in this Lease
Agreement, and said breach or default continues to exist for a period of ten (10) days
after written notice of said default has been given by Landlord to Tenant,
Page 6 Landlord: ' enant: —
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL
(d) Tenant makes an assignment for the benefit of creditors or a receiver or trustee has
been appointed for Tenant or for any of its property in the Demised Premises or there is a
voluntary or involuntary petition in bankruptcy filed by or against Tenant which is not
dismissed with fifteen (15) days of its being filed or if Tenant is adjudged bankrupt or files
for an arrangement and/or reorganization under the bankruptcy laws and said proceeding
is not dismissed within fifteen (15) days after the same has been filed; or
(e) Any of the assets or property of Tenant in the Demised Premises becomes attached
or levied upon.
Upon the occurrence of any evident of default Landlord shall be entitled to exercise any one or
more of the following remedies:
(i) Landlord may declare the lease terminated and declare Tenant to be a Tenant at
sufferance and bring an unlawful detainer action against Tenant or bring such other
proceedings as it shall deem appropriate to dispossess Tenant from the Demised
Premises;
(ii) In order to secure the Landlord's lien for rent, the Landlord shall, at its option, have
the right to immediately re-enter, retake and take possession of the Demised Premises,
and declare said term and Lease ended and expel Tenant and all persons occupying the
Demised Premises, or any part thereof and all of Tenant's rights in and to this Lease and
in and to the Demised Premises shall thereupon automatically become terminated,
forfeited, and all equipment, fixtures, and improvements therein situated upon said
Demised Premises, including all trade fixtures, equipment and improvements and other
fixtures shall pass to and become the property of the Landlord, not as a penalty or
forfeiture but as liquidated damages to Landlord occasioned by the default which
damages are hereby fixed and agreed upon between the parties hereto, each of the
parties recognizing the impossibility of precisely ascertaining the amount of such
damages and the cost and effect of such default, and in consequence of such forfeiture,
have taken these elements into consideration in fixing and agreeing upon the amount of
rent to be paid by Tenant to Landlord, and further, if Landlord makes an application for a
distress writ for levy upon the property of Tenant, the Landlord shall not be required to
post a bond in double the sum demanded or if property, in double the value of property
sought to be levied on, the Landlord may at his option, change the locks to preclude
Tenant and all of its employees and/or agents from coming on or about the premises, to
prevent the removal of any and all equipment, trade fixtures, chattels and any and all
property belonging to Tenant and/or its agents and employees.
(iii) Landlord may also, at its option, re-enter and retake possession of the Demised
Premises as agent for Tenant and for the protection of the Demised Premises and offer
the same for rent as agent for Tenant. In the event Landlord is able to re -rent or for a
term shorter than the remaining term hereof, Tenant shall remain liable for any deficit in
rental income over and above the amount realized for any period hereof, beyond the term
of any new lease. Provided, however, that this clause shall not require Landlord to re-
enter the Demised Premises but rather, Landlord may, at its option, do nothing and hold
Tenant responsible for the rent as and when it accrues from time to time thereafter or, at
Landlord's option, Landlord may accelerate the entire remaining unpaid total rental for the
leasehold term and all additional rental, or any part thereof, as prescribed under terms of
this Lease, and thereupon the same shall become immediately due and payable; and
(iv) Landlord shall also have and be entitled to exercise all other remedies available to
Landlord in such cases of default made and provided according to the Laws of Florida as
a cumulative remedy in addition to every other remedy given hereunder or by existing
future laws to Landlord, and Landlord shall also be entitled to restrain by injunction the
violation or attempted violation or threatened violation of any condition or provision of this
Lease or to a decree specifically compelling mandatory performance of any such
condition or provision and in the event of such injunctive action by Landlord, Tenant
hereby waives for itself and all persons claimant under Tenant any rights to prior notice of
the application for any temporary restraining order and of the necessity that Landlord file
any bond as a condition for issuance of any injunctive order, whether the same is
presently or hereafter conferred upon Tenant by any present or future law with respect to
injunctive relief.
(f) Any breach of any of the conditions, stipulations or covenants by Landlord, as set forth
in this Lease Agreement, and said breach or default continues to exist for a period of ten
(10) days after written notice of said default has been given by Tenant to Landlord. Upon
occurrence of any evident default by the Landlord, and subsequent failure to start to
correct within thirty (30) days, the Tenant may terminate the Lease.
No failure by Landlord to insist upon the strict performance of any term or condition of this Lease
or to exercise any right or remedy available upon a breach thereof and no acceptance of full or partial rent
(whether such acceptance is with or without knowledge of the breach of any covenant of this Lease)
during the continuance of any such breach shall constitute a waiver of any such breach or of any such
term or condition. No term or condition of this Lease required to be performed by Tenant and no breach
thereof shall be waived, altered, or modified, except by a written instrument executed by Landlord. No
waiver of any breach shall affect or alter any term or condition in this Lease and each such term or
condition shall continue in full force and effect with respect to any other existing or subsequent breach
thereof.
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Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL
In the event any installment of rental is not paid within five (5) business days of the due date set
forth herein, Tenant agrees to pay a late charge equal to five percent (5%) of the amount of the unpaid
rental installment. In addition, in the event any one or more of Tenant's rental installment checks shall be
dishonored by the drawee bank and be returned to Landlord (for whatever reason), Tenant agrees to pay
a collection charge equal to five percent (5%) of the amount of the check. In addition, in such latter event,
Landlord shall have the right to thereafter require that all rental payments required hereunder be paid by
means of a cashier's check.
18. QUIET ENJOYMENT
Tenant, upon the payment of the rent herein reserved and upon the due performance of all of the
terms and conditions of this Lease Agreement, shall at all times during the lease term and during any
extension or renewal thereof peaceably and quietly have, hold and enjoy the Demised Premises.
19. SUBORDINATION
This Lease is subject and subordinate to all ground or underlying leases now in existence or
hereafter executed as well as to the lien of the existing mortgages and all other mortgages which hereafter
may be a lien on the Demised Premises by the Landlord and/or its successors in title to such interest
encumbered, and also to all renewals, modifications, consolidations, replacements and extensions
thereof. This provision shall be self -operative and no further instrument or act on the part of the Tenant
shall be necessary to effectuate such subordination. In confirmation of such subordination, however,
Tenant shall promptly execute any certificate that Landlord may request or that may be requested by any
mortgage to confirm. The Tenant hereby appoints the Landlord as Tenant's attorney in fact, irrevocably,
to execute and deliver any such instrument for and on behalf of Tenant. Tenant will, at the request of any
ground or underlying lessee or mortgagee, upon such party succeeding to the interest of the Landlord,
attorn to such party and perform all of the covenants of the Tenant in favor of such party. The foregoing
shall not be in limitation of the rights which any mortgagee may have to collect rents from the Tenant
hereunder or under any assignment which the Landlord may have the Tenant's interest herein as
collateral, whenever the Tenant is furnished with a copy of such assignment and a demand for payment of
the rents by mortgagee based upon its certification to the Tenant that the Landlord is in default and that
the mortgagee has the right to effect such collection from Tenant.
20. INABILITY TO PERFORM
The obligation of Tenant to pay rent hereunder and perform all of the covenants and conditions
contained in this Lease Agreement shall in no way be affected, impaired or excused because Landlord is
unable to supply or is delayed in supplying any service required hereunder or is unable to make or is
delayed in making any repairs, additions, alterations required hereunder or is otherwise unable to perform
its obligations under this Lease Agreement by reason of strikes, labor troubles, the exercise of
governmental authority or by any other cause beyond the reasonable control of Landlord.
21. RIGHTS RESERVED TO LANDLORD
The Landlord reserves the following rights:
(a) To change the name of the building or street address of the Demised Premises with
sixty (60) day notice to Tenant;
(b) To constantly have pass keys to the Demised Premises and have the right to enter
the Demised Premises at all reasonable times, for the purpose of inspecting the leased
property, performing any work which Landlord elects to undertake (made necessary by
reason of Tenant's default under the terms of this Lease or which otherwise is deemed
expedient and necessary in the judgment of Landlord), exhibiting the leased property for
sale, lease or mortgage financing;
(c) To grant to anyone other than Tenant the exclusive right to conduct any particular
business or undertaking (including the same business or professional activity engaged in
by Tenant) in the building containing the Demised Premises or in any other building
located in the complex;
(d) To exhibit during the three (3) months prior to the expiration of the term of this Lease
or any renewal term upon or in the Demised Premises "For Rent" signs which Tenant
shall permit to remain thereon without molestation and during the last three (3) months of
the term or any part thereof (if during or prior to that time the Tenant vacates the
premises) to decorate, remodel, repair, alter or otherwise prepare the premises for
occupancy; and
(e) To otherwise enter the premises for any purpose whatever related to the safety,
protection, preservation or improvement of the Demised Premises or the building
containing the Demised Premises or of the Landlord's interest therein, without being
deemed guilty of an eviction or disturbance of the Tenant's use and possession and
without being liable in any manner to the Tenant.
22. TRANSFER OF LANDLORD'S INTEREST
In the event of any transfer of Landlord's interest in the Demised Premises or in the real property
containing the Demised Premises, other than a transfer for security purposes only, the transferor shall be
automatically relieved of any and all obligations and liabilities on the part of Landlord with respect to this
Lease Agreement, provided such obligations and liabilities are assumed in writing by the transferee.
Page 8 Landlord?/UIu,lTenant: —
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL
23. RESTRAINT AGAINST ASSIGNMENT OR SUBLEASE
The Tenant shall not assign this Lease without the Landlord's prior written consent, which consent
shall not be unreasonably withheld. Such consent shall not be deemed to be unreasonably withheld if the
proposed assignee is of such financial standing and responsibility at the time of such proposed
assignment as shall cause reasonable doubt on the part of Landlord as to said proposed assignee's
financial ability to pay all rents and other amounts required under the Lease Agreement and otherwise fully
comply with all of the terms, covenants, provisions and conditions of this Lease Agreement. In this latter
regard, Landlord may require not only the proposed assignee but, in the case of any proposed assignee
other than an individual, require, in addition, financial statements of the principal owners of the proposed
assignee and may likewise require, as a condition for consenting to the proposed assignment, that any or
all of the principal owners hereof personally guarantee the performance of the Tenant's obligations
hereunder.
The Tenant shall not sublet whatever all or any portion of the Demised Premises without first
securing the prior written consent of Landlord in each instance which approval Landlord may at any time
withhold in its sole discretion and any attempted subletting without such consent shall constitute an act of
default under this Lease.
In the event Landlord shall consent to any such assignment and/or subletting of the Demised
Premises no such assignment or subletting shall relieve Tenant from the obligations required hereunder to
be performed by Tenant. If notwithstanding the foregoing this Lease is assigned or if the leased property
or any part thereof is sublet, or occupied by anybody other than the Tenant, Landlord may deem such
assignment or subletting a default thereunder and may, after such default by the Tenant, collect rent from
any such assignee, subtenant or occupant and apply the net amount collected to the rent herein reserved.
No such assignment, subletting, occupancy or collection of rentals shall be deemed a waiver of this
covenant or be deemed to be an acceptance of Landlord of the assignee, subtenant or occupant as a
tenant or be deemed to be a release of Tenant from the further performance by the Tenant of all of the
covenants and conditions of this Lease Agreement
24. RULES AND REGULATIONS
The rules and regulations of the LWPP Condominium Association respecting occupancy of the
building containing the Demised Premises, which rules and regulations are attached hereto as Exhibit "C,"
and made a part hereof by reference, shall be deemed a part of this Agreement with the same effect as
though written herein. Tenant convenants that such rules and regulations shall be faithfully observed by
Tenant, its agents, servants and employees and by all persons visiting the leased premises or claiming
under the Tenant. Tenant agrees and acknowledges that in order to maintain the high standards of
building management which are essential for the mutual benefit of Landlord and Tenant and the other
tenants of the building and/or complex, Landlord shall have the right (and the same is hereby expressly
reserved by Landlord) to add to, alter, or rescind, from time to time, such rules and regulations as
Landlord shall deem necessary for the proper management of the building wherein the Demised Premises
are located. All such changes in rules and regulations shall take effect immediately after notice thereof in
writing shall have been served to Tenant by leaving the same at the Demised Premises. Nothing
contained herein, however, shall be construed to impose upon Landlord any duty or obligation to enforce
the rules and regulations or the terms, covenants or conditions in any other lease, as against any other
tenant in any building located in the complex, and Landlord shall not be liable to Tenant for violation of the
same by any other Tenant, its servants, employees, agents, licensees or invitees.
25. ESTOPPEL CERTIFICATES
Tenant agrees, at any time and from time to time, upon five (5) days prior written notice from
Landlord to execute, acknowledge and deliver to Landlord a statement in writing certifying:
(i) That this Lease constitutes the entire agreement between Landlord and Tenant and is
unmodified and in full force and effect (or if there have been modifications, that the same
is in full force and effect as modified and stating the modification);
(ii) The dates to which the base annual rental, rental adjustment and other charges
hereunder have been paid, and the amount of any security deposit with Landlord;
(iii) That the Demised Premises have been completed on or before the date of such letter
and that all conditions precedent to the lease taking effect have been carried out;
(iv) That Tenant has accepted possession, that the lease term has commenced, that
Tenant is occupying the Demised Premises and that Tenant knows of no default under
the lease by the Landlord and that there are no defaults or offsets which Tenant has
against enforcement of this lease by Landlord,
(v) The actual commencement date of the lease and the expiration date of the lease; and
(vi) That the Tenant's office is open for business.
Page 9 LandlordOTenant:
Lake Whitney Professional Park — W.I.C. LEASE 1/1110 FINAL
26. NEGOTIATION OF PARTNERSHIP. ETC.
It is understood and agreed that the relationship of the parties hereto is strictly that of Landlord
and Tenant and that the Landlord has no ownership in the Tenant's enterprise and this Lease shall not be
construed as a joint venture nor as a partnership. Tenant is not and shall at no time be deemed to be the
agent or representative of the Landlord.
27. NOTICES
Any notice under this Lease Agreement must be in writing and shall be deemed to be duly given
only if delivered personally or mailed by certified mail.
Addressed to the Tenant at:
Lydia Williams, General Services Manager
St. Lucie County Health Department
5150 NW Milner Drive
Port St. Lucie, Florida 34983
Tel: 772.873.4887
Addressed to the Landlord at:
C&W South Investments, LLC.
525 NW Lake Whitney Place Suite 201
Port St Lucie, FL 34986
Tel: 772.340.3444
28. PRIOR AGREEMENT INCORPORATION: AMENDMENT' SEVERABILITY
(a) This Lease together with the Exhibits attached hereto, contains the entire agreement
and understanding between the parties. There are no oral understandings, terms or
conditions and neither party has relied upon any representation, express or implied, not
contained in this Lease Agreement or in the Exhibits attached thereto. All prior
understandings, terms or conditions are deemed merged in this Lease.
(b) No provision in this Lease may be amended or added to except by agreement in
writing signed by parties hereto or their respective successors in interest.
(c) If any term or provision of this Lease or the application thereof to any purpose or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Lease, or the application of such term of provision to persons or circumstances other than
those to which it is held invalid or unenforceable, shall not be affected thereby and each
term and provision of this Lease shall be valid and be enforced to the fullest extent
permitted by law.
29. GRAMMATICAL USAGE: BINDING EFFECT ON SUCCESSORS
(a) Wherever the context and the facts permit, the words "Landlord" and "Tenant" as well
as the use of pronouns in any form wherever they appear in this Lease Agreement shall
be deemed to include the singular and plural and all genders and shall include any
successors in interest to the parties hereto.
(b) This Lease Agreement and all of the covenants, terms, conditions, provisions and
undertakings contained herein or in any extension or renewal thereof shall extend to, be
binding upon and inure to the benefit of the heirs, personal representatives, successors
and assigns of the respective parties hereto to the same extent as if each successor and
assign were in each case named and expressed as a party to this original Lease
Agreement. If there is more than one party Tenant, the covenants of the Tenant shall be
a joint and several obligations of each such party Tenant and, if the Tenant is a
partnership, the covenants of the Tenant shall be the joint and several obligations of each
of the partners and, in addition, the obligations of the firm itself.
30. TRANSFER OF TENANT
Landlord reserves the right, at its option and upon giving sixty (60) days written notice in advance
to Tenant, to transfer and remove Tenant from the rooms and offices herein specified to any other
available rooms and offices of equal size and area and equivalent rental located in the buildings on the
Real Estate. Landlord shall bear the expense of said removal as well as the expense of any renovations,
IT equipment moving and re -wiring or alterations necessary to make the new space conform substantially
in arrangement and lay out with the original space covered by this lease.
31. LEGAL FEES• WAIVER OF JURY TRIAL
In the event that it is necessary for Landlord to bring legal action to enforce any of the terms of
this lease, including any action for possession, the Non -Prevailing Party shall be responsible for Prevailing
Party's costs and attorney's fees.
It is mutually agreed between Landlord and Tenant that the respective parties hereto shall and
they do hereby waive trial by jury in any action, proceeding or counterclaim brought by either of the parties
hereto against the other pertaining to any matter whatsoever arising out of or in any way connected with
this Lease or Tenant's use and occupancy of the premises.
Page 10 Landlor /Tenant:
Lake Whitney Professional Park — W.I.C. LEASE 1/1110 FINAL
In the event of any disagreement or dispute between the Landlord and Tenant arising out of the terms of
this Agreement, which dispute or disagreement cannot be resolved by the Parties through mediation, the
Landlord and Tenant shall submit such dispute to binding arbitration in St. Lucie County, Florida, which
arbitration shall proceed and be conducted in accordance with the then existing rules of the American
Arbitration Association. Judgment may be entered on the determination of the arbitrator(s) in any court
having jurisdiction over the subject matter of the Company. All decisions so made shall be final,
conclusive and binding upon the Parties hereto. The cost of the arbitration shall be borne in such
proportion as the arbitrator(s) shall direct, which direction shall be with the decision.
32. HEADINGS: TABLE OF CONTENTS
The headings to the various paragraphs of this Lease as well as the table of contents are inserted
only as a matter of convenience and for reference and in no way shall the same in any manner be
construed so as to define, limit or describe the scope or intent of this Lease, nor in any way modify, amend
or affect in any way the expressed terms and conditions hereof.
33. VENUE
In the event of any litigation arising out of this Lease Agreement, venue shall be solely in St Lucie
County, Florida.
34. LANDLORD'S LIABILITY LIMITS
(a) Anything in this Lease to the contrary notwithstanding, the term "Landlord" shall be
limited to mean and include only the then owner of the building.
(b) Anything in this Lease to the contrary notwithstanding, any judgment obtained against
Landlord in connection with this Lease or the subject matter hereof shall be limited solely
to Landlord's interest in the Building and the Land and shall be absolutely non -recourse
with respect to Landlord personally (including, if applicable, any general partners of
Landlord) and all other assets of Landlord.
35. HOLDOVER
It is further agreed that if Tenant or any assignee or sublessee shall continue to occupy the leased
premises after the termination of this Lease without the prior written consent of Landlord, such tenancy
shall be a tenancy from month to month, subject to Double the Amount of the Current Base Rent
applicable to the last month of this Lease. Acceptance by Landlord of rent after such termination shall not
constitute a renewal of this lease or a consent to such occupancy nor shall it waive Landlord's right of re-
entry or any other rights of Landlord.
36, TENANT'S OBLIGATION
Notwithstanding anything contained herein to the contrary, any obligations under any other
agreements between the Landlord and the Tenant, or the individuals signing on behalf of the Tenant, shall
be paid in full or satisfied in the sole discretion of the Landlord before this Lease shall be binding upon the
Landlord. The Landlord also reserves the right to waive this provision without waiving any other rights or
remedies that he has on any other claims against the Tenant or individuals signing on behalf of the
Tenant.
37. RADON GAS
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your St Lucie County Health Department.
38. REAL ESTATE BROKER DISCLOSURE
Tenant is NOT represented by a broker. The parties have not dealt with any other outside real
estate brokers in connection with this Lease other than Jones Lang LaSalle,
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the day and hear first
above written.
Witnesses as to
as Landlord:
Witnesses as to Tenant: St. LuciA f:oun
County Dept. of Health Depart ent Wor
and Children (WIC) Program as Tenant:
Page 11
C&WANauth Investments, LLC
By:
Danny Wi*Td7M5niger
St. Lucie County / St. Lucie County
Dept. of Health Department Women,
Infants and Children (WIC) Program
By:
Charles Grande, Chairman, Board of
County Commissioners, St Lucie County
LandlordOiTeriant: —
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL
ADDENDUM REPRESENTATION BY TENANT
Tenant represents to Landlord that Tenant has relied upon the legal counsel of, Attorney at Law,
of County, , who has confirmed below that he has
examined the foregoing Office Lease Agreement on behalf.
DATED this day of
By:
Printed Name:
By:
Printed Name:
CONFIRMATION OF LEGAL COUNSEL
THE UNDERSIGNED hereby confirms that Attorney at Law
has examined the foregoing Office Lease Agreement, the Addendum(s) and Guarantee, if any, on behalf
of and has counseled
in regard thereto.
DATED this day of
By:
Printed Name:
REPRESENTATIVE BY TENANT
THE UNDERSIGNED Tenant(s) and Guarantor(s), each hereby acknowledges that he has been
encouraged to engage legal counsel to review the foregoing Office Lease Agreement, the Addenda and
Guarantees, if any, by Landlord and each hereby confirms that he has waived such benefit of legal
counsel and confirms that he has read, understood and is familiar with all of the terms, conditions and
covenants contained in said Office Lease Agreement, Addenda and Guarantee, if any.
DATED this day of
By:
Printed Name:
By:
Printed Name:
Page 12 Landlorioenant: —
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL
EXHIBIT "A"
See attach Drawing.
Page 13 Landlord :0-1Tenant
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL
EXHIBIT "B"
LIST OF STANDARD BUILDING FEATURES
By execution hereof, St. Lucie County / St. Lucie County Dept. of Health Department Women, Infants and Children (WIC)
Program (hereinafter referred to as "Tenant"), and the undersigned, C&W South Investments, LLC. (hereinafter referred to
as "Landlord") agree to simultaneously execute an Office Lease Agreement ("Lease") for Units 101, 102, 103, 104, 105
and that portion of 106 as per Exhibit "A" of the Lease located at 531 NW Lake Whitney Place, Port St. Lucie, FL 34986 in
building K located in Lake Whitney Professional Park and more particularly described in the Lease as Demised Premises,
this Letter Agreement shall become "Exhibit B" thereof.
Landlord's calculation of the exact number of square feet calculation shall govern the Gross Area of the Demised
Premises for all purposes under this Office Lease Agreement.
Landlord and Tenant do mutually agree to the following:
1. Landlord agrees at its sole cost and expense to supply and otherwise undertake to do the following building
standard improvement work in the Demised Premises:
A. Partitions
Building standard 9'-6"+/- high walls, 1/2" thick gypsum board attached to each side of 3-5/8" metal studs, 5/8"
thick fire rated gypsum board at unit demising walls (or as per Plans). The Administration Office and Class Room
walls will have Sound insulation. All partitions, except for bathroom(s), have Developer standard base board.
B. Door. Frames & Hardware
As per Plans - 3'0" x 8'0" Colonial style six panel hollow -core masonite doors with hardware located where shown
on said plans. Hardware shall include lever handles, door stops, and hinges for openings on all interior doors.
3'0"x 8'0" entrance store front door with metal frame, impact glass and shutters (as required) as per Plans with
standard entry hardware, finish hardware schedule as far as door locks to be provided by Tenant as requested by
Landlord. All interior door casing — 2-1/4" FJ.
C. Wall Coverina
All wall surfaces shall be covered with building standard color TBS from Landlord's standard options. All Trim shall
be painted with building standard White Satin Semi -Gloss paint.
D. Ceilinas
Building standard 2' x 2% Teguler micro sand finish acoustical tile on mechanically suspended exposed spline
system, as required throughout Demised Premises.
E. Electrical Power
Each Unit in the building has a 100 AMP subpanel allocated to be in the Unit, fed directly from the Building
Electrical / Meter Room. This Lease is for Five (5) plus Units therefore four (4) to six (6) subpanels of 100 AMP
each or more, as required by design and code, will be located within the Demised Premises.
F. Liahtino
Building standard 2' x 4', recessed fluorescent lighting fixtures with parabolic lens, as required within the Demised
Premises.
G. Electrical Receptacles
Building standard wall mounted duplex electrical receptacles (120 volt) located where shown as per electric Plans,
as required within the Demised Premises. Room by room location and layout, to be agreed to by Tenant as
requested by Landlord.
H. Switches
Building standard wall mounted single hole located where shown as per electrical Plans, as required within the
Demised Premises.
1. Telephone / Data Outlets
Building standard wall mounted single hole with conduit to above ceiling for Tenant contractor to wire, Room by
room location and layout, to be agreed to by Tenant as requested by Landlord.
J. Finished Floors
Shaw Neyland II in color selected by Tenant from Landlord's building standard selection options in conference
room, breastfeeding offices, Outreach office, Supervisor offices, reception, administration office, storage rooms
and HVAC closets 20 ounce glue down carpeting located where shown as per Plans. Standard Ceramic tile in
color selected by Tenant from Landlord's building standard selection options in bathroom(s) and kitchenette. Tile
base board provided in bathroom(s) only. VCT or like product color selected by Tenant from Landlord's building
standard selection options in rooms/area not listed above. Upgrade options include carpet, VCT, tile and wood in
color selected by Tenant from Landlord's building upgrade options are available.
K. Kitchenette and Lab
Cabinets are flat door as per Plans in color to be selected by Tenant from Landlord's building standard selection
options. Counter tops Formica top in color to be selected by Tenant from Landlord's building standard selection
options. Lab to have a 4'-0" cabinet with uppers and a medical size Stainless Steel sink with Moen Chrome faucet.
Kitchen to have Appliances — two (2) Microwaves and one Refrigerator in color to be selected by Tenant from
Landlord's building standard options. Reception and records cabinets to be provided by Tenant.
Page 14 Landlord Ap Tenant: —
Lake Whitney Professional Park — W.I.C. LEASE 1/1110 FINAL
L. Bathrooms
Landlord shall provide backing in one wall each of the three (3) bathrooms for public use to support the installation
of changing tables. Tenant to provide Landlord with specifications of same as requested.
M. Heating Ventilating & Air Conditionina 1HVAC)
Building standard central system with independent controls including duct work and air diffusers as required within
the Demised Premises.
2. All of the provisions of the Office Lease Agreement shall apply to this work letter Exhibit "B", except where
expressly provided otherwise herein.
Witnesses as to C&W South
as Landlord: �1111 �
Witnesses as to Tenant: St. Lucie County / !
County Dept. of Health Department Women
and Children (WIC) Program
as Tenant:
Infants
Page 15
C&W South Investments, LLC
.707
St. Lucie County / St. Lucie County
Dept. of Health Department Women,
Infants and Children (WIC) Program
By:
Charles Grande, Chairman, Board of
County Commissioners,
St Lucie County
Landlord Tenant:
Lake Whitney Professional Park — W.I.C. LEASE 111/10 FINAL
EXHIBIT "C"
RULES AND REGULATIONS
FOR
LAKE WHITNEY PROFESSIONAL PARK, A NON-RESIDENTIAL
PHASE CONDOMINIUM
(ALL REFERENCES HEREIN TO CAPITALIZED TERMS WHICH ARE NOT DEFINED IN THESE RULES
AND REGULATIONS SHALL HAVE THE MEANINGS ASCRIBED THERETO IN THE DECLARATION OF
CONDOMINIUM FOR LAKE WHITNEY PROFESSIONAL PARK, A NON-RESIDENTIAL PHASE
CONDOMINIUM ("DECLARATION'), AND THE ARTICLES OF INCORPORATION AND BY-LAWS FOR
LWPP CONDOMINIUM ASSOCIATION, INC.)
A.
GENERAL RULES
1. OCCUPANCY. Units shall be used only for the purposes expressly set forth in the Declaration of
Condominium, and for no other purposes. Each Owner, tenant and occupant of a Unit should carefully review the
Declaration for additional occupancy and use restrictions.
2. USE.
(a) No improper, offensive or unlawful use shall be made of any Unit, the Condominium Property,
or of the Common Elements or any part thereof. All laws, zoning ordinances and regulations of all governmental
authorities having jurisdiction thereof shall be observed.
(b) No Unit Owner shall permit or suffer anything to be done or kept in his Unit which will increase
the rate of insurance on the Condominium Property, or which will obstruct or interfere with the rights of other Unit
Owners or annoy them by unreasonable noises, smells or otherwise, nor shall any Unit Owner commit or permit
any nuisance, immoral or illegal act in or about the Condominium Property.
(c) The Association shall possess additional authority to promulgate rules and regulations
governing the manner, method and to what degree additional uses other than noted in this document may be
permitted, and further, the Association shall have the power to revoke the granting of such additional permitted
uses, when in the Association's sole discretion, the use in question has become excessive and/or violates the
commercial professional office character of the Condominium.
(d) The use of all Common Elements shall, at all times, be governed by these Rules and
Regulations, as they may be amended from time to time by the Association, and by such other rules and
regulations as may be posted, from time to time, in and about such Common Elements by the Association.
(e) Common Elements and Limited Common Elements shall only be used for their designated
purposes only, the purposes specifically set forth in the Declaration, or as determined by the Association.
Common Elements and Limited Common Elements shall not be obstructed, littered, defaced, or misused in any
manner.
3. PETS. No pets shall be kept in or outside a Unit or brought onto the Condominium Property except that
guide dogs for the visually impaired will be permitted for a Unit Owner, tenant, occupant or invitee.
4. APPARATUS, ALTERATIONS AND OTHER REGULATIONS.
(a) A Unit Owner shall not cause anything to be affixed or attached to, hung, displayed or placed
on the exterior walls, doors, terraces, or windows of a Building, Common Elements, Condominium Property, or a
Unit, except with the prior written consent of the Association, and further, if and when approved, subject to the
conditions designated and adopted by the Association. No linens, clothing, curtains, rugs, laundry or other articles
shall be shaken or hung from any of the windows, doors or other portions of the Condominium Property. No Unit
Owner or occupant shall permit anything to fall from a window or door of the Condominium Property, nor sweep or
throw from the Condominium Property any dirt or other substance onto any other portion thereof or upon the
Common Elements. All screening, window and exterior glass door coverings and drape linings shall only be in the
colors specified by the Association. Anything to the contrary notwithstanding, any Unit Owner may display one
portable, removal United States flag, whose size and location have first been approved, in writing, by the
Association.
Page 16 Landlord kenant:
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL
(b) No Unit Owner shall cause improvements or changes to the exterior of the Condominium,
including, but not limited to, walls, screening, loggia, terrace, slab, porch or painting or other extensive decoration
of any aesthetic nature, installing electrical wiring, television antennae, satellite dish, or air conditioning units which
may protrude through the walls or roof of the Condominium Property or in any manner change the appearance of
any portion of the Buildings without the prior written consent of the Association.
(c) Television, radios, musical instruments and other instrumentality of sound reproduction or
amplification shall only be used at such times and at such levels as will provide a minimum disturbance to other
Units Owners. No radio or television installation or other electrical equipment shall be permitted in any Unit if it
interferes with the television or radio reception of another Unit. No exterior antenna shall be permitted on the
Condominium Property, provided that the Developer shall have the right (but not the obligation) to install and
maintain community antennae, radio and television lines, satellite dish, security systems, and telecommunication
systems, or to permit such equipment subject to additional regulations as solely determined by the Association.
(d) Sidewalks, landscaped areas, entrances, exits, passages, halls, stairways, elevators,
driveways, parking spaces, loading spaces, and all other portions of the Common Elements must, at all times, be
kept free of obstruction.
(e) Unit Owners shall be financially responsible to the Association for damage to the Common
Elements or Limited Common Elements caused by themselves, their tenants, invitees, employees, contractors,
agents, guests and family members. If a Unit Owner fails to reimburse the Association for such damage, the
Association shall have all rights of collection and enforcement under the Declaration.
(f) No garbage cans, supplies, or other articles shall be placed in the pathway, halls, elevators,
stairways, walkways or parking areas unless placed by the Association or approved as an authorized garbage
disposal location by the Association. All garbage shall be properly bagged and deposited in garbage disposal
areas designated by the Association. Each Unit Owner shall comply with the requirements of any company
providing trash removal services retained by the Association. The areas designated for a dumpster by the
Association must be kept clear and unobstructed for use by the trash disposal vendor at all times.
(g) No sign, advertisement, notice, sticker, or other graphics or lettering shall be exhibited,
displayed, inscribed, painted or affixed in, on or upon any part of the Condominium Property, except signs
installed, used or approved by the Developer or the Association. No unsightly materials may be placed on any
window or glass door or be visible through such window or glass door on the Condominium Property.
(h) No flammable, combustible or explosive fluids, chemicals or other substances shall be kept or
stored in any Unit except for those fluids, chemicals or substances used in the scope of that Unit Owner's
approved business use for that Unit and further provided that they must be stored and kept inside the Unit at all
times. No fluids, chemicals or other substances shall be disposed, released, discharged, spilled, stored or kept on
the Common Elements or Limited Common Elements. All fluids, chemicals and other substances shall be
properly disposed of by the Unit Owners according to applicable codes, ordinances and regulations of all
governmental agencies having jurisdiction over the Condominium Property.
(i) Repair, construction, decorating or remodeling work for any Unit or Limited Common Element
may be performed on Mondays through Fridays between the hours of 8:00 a.m. and 5:00 p.m. (the "normal
working hours"), and on Saturdays, Sundays and legal holidays. Unit Owners either making or causing to make
such repairs or improvements, shall make every effort to coordinate the execution of lengthy noise intensive work
to be performed either after or before normal working hours except in case of an emergency authorized by the
Association or as otherwise permitted under the applicable local municipal code or ordinance. The Developer (for
itself and its agents, designees and contractors) is exempt from this rule and regulation during the time the
Developer is constructing, maintaining or marketing the sale of the Units.
0) No skateboards, scooters, or similar equipment shall be used or stored on the Condominium
Property. Motorcycles, bicycles and mopeds shall be stored only in areas specifically designated by the
Association, if any, or inside the Unit.
(k) Illegal and immoral practices are prohibited.
(1) Lawns, shrubbery or other exterior plantings installed by the Developer or the Association will
not be altered, moved or added to without the prior written permission of the Association, whose consent may be
arbitrarily withheld. Planters may be placed at the entrances to Units if approved by the Board of Directors.
(m) Owners shall not place ash urns, newspaper racks, garbage containers, pallets, crates, boxes,
abandoned machinery or equipment outside of their Units. Unit Owners that generate a disproportionately large
quantity of refuse and consume a disproportionately large quantity of space within the trash facilities on the
Condominium Property, as solely determined by the Association, whose decision shall be final, shall be subject to
an equitably determined Special Assessment by the Association for such inequitable consumption of trash
services.
(n) Owners shall not store any equipment, machinery or toys used in their trade, business or for
leisure time outside of their Units
Page 17 Landlord 0K(Tenant: —
Lake Whitney Professional Park — W.I C. LEASE 1/1/10 FINAL
(o) No Unit Owner shall personally access or cause others to access the roof of any Buildings for
any reason whatsoever without first complying with the written procedures of the Association for such access.
Such procedures shall include the filing of applicable licenses and insurance certificates with the Association for
technicians servicing rooftop equipment. Only service contractors who are duly licensed and insured in St. Lucie
County, and who first register with the Association, shall have the right to service utilities, roof mounted equipment
serving the Units, or other equipment permitted by the Association and installed by the Unit Owners, all in
connection with the Unit Owner's maintenance responsibilities as set forth herein or in the Declaration. All service
personnel accessing any roof shall work in a clean and safe manner and shall stay within marked rooftop
circulation paths and walkways and within the immediate area of equipment being serviced. DEVELOPER
SHALL NOT BE RESPONSIBLE OR LIABLE, AND APPLICABLE ROOF WARRANTIES, IF ANY, SHALL BE
NULL AND VOID, IN THE EVENT ROOF ACCESS PROCEDURES ARE NOT STRICTLY FOLLOWED.
(p) None of the following items or equipment shall be permitted on the exterior of the Association
Property, Buildings, Common Elements or Condominium Property: (i) food service/drink/vending or other similar
food dispensing units/machines; or (ii) other vending machines dispensing all types of merchandise, products,
goods, handbills, advertising magazines, or other types of things, as solely determined by the Association, whose
decision shall be final.
5. CHILDREN. Children shall be the direct responsibility of their parents or legal guardians, who must
supervise them, at all times, while they are on the Condominium Property. Children shall not be permitted to play in the
walks, parking areas, stairways, hallways, elevators, storage areas, pathways or corridors of the Condominium Property.
ASSOCIATION.
(a) No Owner, tenant or occupant of a Unit shall direct, supervise or in any manner attempt to
assert any control over any of the employees of the Association, nor shall he or she attempt to send any such
employees on private business of such Unit Owner, tenant, or occupant; such employees are to be directed only
by Officers of the Association or the management personnel engaged by the Association.
(b) The Association shall retain a passkey to the Units, and the Unit Owners shall provide the
Association with a new or extra key whenever locks are changed or added for the use of the Association pursuant
to its statutory right to access the Units or to remedy any situation or condition which, if not remedied, would result
in damage to any other Unit or the Common Elements. Duplication of Unit Owners' keys to Common Element
facilities is restricted in the interest of security. Such keys will be duplicated only with the assistance of the
manager. If such keys are of a high security type they may only be obtained from the manager at a cost
determined by the Board of Directors. Should an Owner fail to provide such a key, the Association shall have the
right to forcibly enter for emergency or other purposes provided herein or under the Declaration.
(c) Pursuant to the provisions of Section 718.112, Florida Statutes, the Association is only
obligated to respond to one written inquiry per Unit in any given 30-day period.
(d) The Association reserves the right to exclude or expel from the Condominium Property any
invitee, licensee, employee, agent, family member, or guest of an Owner or tenant of a Unit who, in the sole
judgment of the Association, is intoxicated or under the influence of alcohol or drugs.
PARKING.
(a) No campers, mobile homes, motor homes, house trailers or trailers of any other description,
recreational vehicles, boats or boat trailers, shall be permitted to be parked or to be stored at any time on the
Condominium Property.
(b) All ,vehicles must be currently licensed. No vehicle which cannot operate on its own power
shall be permitted to remain on the Condominium Property for more than twenty-four (24) hours. The Association
shall have the power to move or tow away improperly parked vehicles and the Association is specifically granted
the rights and benefits of Section 715.07, Florida Statutes.
(c) Speed limits shall be strictly observed.
(d) No vehicle maintenance or repairs shall be performed on the Condominium Property, except
for emergency repairs.
(e) Vehicles may only be washed in vehicle wash areas designated by the Association, if any, by
professional automobile detail companies approved in writing by the Association. No vehicle dripping oil or other
fluids shall be parked or stored on the Condominium Property.
(f) The Developer and its designees are exempt from these and any other parking regulations on
Condominium Property and Association Property for vehicles engaged in any activity relating to construction,
maintenance, or marketing of Units, as are commercial vehicles used by vendors of the Association and Unit
Owners while engaged in work at the Condominium Property.
Page 18 Landlor�� errant: _
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL
8. RESPONSIBILITY FOR DELIVERIES. Unit Owners shall be liable for damages to the Condominium
Property caused by receiving deliveries, or moving or removing furniture or other articles to or from their respective Units.
9. SOLICITATION. There shall be no solicitation by any person anywhere in or on the Condominium
Property for any cause, charity or any other purpose whatsoever, unless specifically authorized by the Association.
10. OPEN DOORS. No Owner or occupant shall allow the front entrance to his or her Unit to remain open for
any purpose other than immediate ingress and egress.
11. FOOD AND BEVERAGES. Food and beverages shall be consumed only within Units and in such other
areas specifically designated for such use by the Association.
12, ODORS. No noxious or unusual odors shall be generated in such quantities that they permeate to other
Units and become annoyances or become obnoxious to other Owners. Normal cooking odors, normally and reasonably
generated from kitchens shall not be deemed violations of this regulation.
13. COOKING DEVICES. No fires, cooking devices, grills or other devices which emit smoke or dust shall be
allowed or used except in outdoor cooking areas specifically designated by the Association.
14. HURRICANE PROTECTION. Laminated glass or window film architecturally designed to function as
hurricane protection that complies with applicable building code shall be installed by Developer in each Unit. Thus, neither
the Association nor any Unit Owner shall have the right to install hurricane shutters on the Units or on the Condominium
Property without the prior written approval from the Association.
15. ELEVATORS AND MOVING. Elevators shall not be abused or overloaded. No children shall be
permitted to play or loiter in the elevators. No delivery or moving carts, or any other objects, shall remain unattended in
elevators. An elevator must be reserved with the Association at least seventy-two (72) hours before a move. Every
Owner, tenant or occupant must provide a certificate of insurance naming the Association as a named insured before
moving in or out of the Condominium regardless of whether an elevator is used in that move. Padding shall be installed in
an elevator while moving furniture or other objects which may damage the interior. An Owner, tenant or occupant moving
in or out of the Condominium, whether or not an elevator is used in that move, shall be required to place a security deposit
with the Association, in an amount reasonably determined by the Association, to cover any repair or damage to the
Common Elements or Association Property resulting from that move. The Unit Owner shall be responsible for any
damage to an elevator caused by Owner or his tenants, occupants, invitees, licensees, employees, family members,
agents and contractors.
16. COMPLIANCE BY UNIT OWNERS. All Owners, tenants, invitees, licensees, guests, family members,
agents, contractors, employees and occupants of a Unit shall comply with these Rules and Regulations, and any and all
rules and regulations which may, from time to time, be adopted by the Association, and the provisions of the Declaration,
Articles of Incorporation and By -Laws of the Association. Failure of any of the foregoing persons to comply with the terms
of this paragraph may subject that person to the imposition of a fine in accordance with the terms set forth in the
Declaration and to possible legal remedies, including, but not limited to, suits for money damages, injunctive relief, or any
combination thereof, as set forth in the Declaration, the Articles and By -Laws.
IT NOT APPLICABLE TO DEVELOPER. These Rules and Regulations shall not be applicable to the
Developer, its designees, successors and assigns, or to Units owned by or leased to the Developer.
18. RELIEF. The Board of Directors shall have the power, but not the obligation, to grant relief to one or more
Unit Owners under the particular circumstances involved from the provisions for specific restrictions contained in these
Rules and Regulations upon written request therefore, and for good cause shown in the sole opinion of the Board.
19. APPROVALS. All approvals required or permitted hereunder from the Association shall be in writing.
20. NOTICE These Rules and Regulations do not purport to constitute all of the restrictions affecting the
Condominium Property. Reference should be made to the Declaration, Articles of Incorporation and By -Laws of the
Association, and any other documents governing the Condominium Property.
Page 19 Landlord: %K
Tenant:
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL
B. RULES FOR UNIT OWNERS PARTICIPATION IN BOARD MEETINGS, A BUDGET COMMITTEE MEETING, AND A
MEETING OF ANY COMMITTEE AUTHORIZED TO TAKE ACTION ON BEHALF OF THE BOARD
RIGHT TO SPEAK:
1. To the maximum extent practicable, the posted board meeting agenda for each meeting will list the
substance of the matters and actions to be considered by the Board.
2. Robert's Rules of Order (latest edition) will govern the conduct of the Association meeting when not in
conflict with the Declaration of Condominium, the Articles of Incorporation, or the By -Laws.
3. After each motion is made and seconded by the Board members, the meeting chairperson will permit
Unit Owner participation regarding the motion on the floor. Such time may be limited depending on the complexity and
effect on the Association.
4. Unit Owner participation will not be permitted after reports of officers or committees unless a motion is
made to act on the report; or the chairperson determines that it is appropriate or is in the best interest of the Association.
5. A Unit Owner wishing to speak must first raise his or her hand and wait to be recognized by the
chairperson
6. While a Unit Owner is speaking, he or she must address only the chairperson; no one else is
permitted to speak at the same time.
7. A Unit Owners may speak only once for not more than three minutes, and only on the subject or
motion on the floor.
B. The chairperson, by asking if there is any objection and hearing none, may permit a Unit Owner to
speak for longer than three minutes, or to speak more than once on the same subject. The objection, if any, may be that
of a Board member only, and if there is an objection the question will be decided by Board vote.
9. The chairperson will have the sole authority and responsibility to see to it that all Unit Owner
participation is relevant to the subject or motion on the floor.
RIGHT TO VIDEO OR AUDIOTAPE:
1. Audio and video equipment and devices that Unit Owners are authorized to use at any such meeting
must not produce distracting sound or light emissions.
2. Audio and video equipment will be assembled and placed in a location that is acceptable to the Board
or the committee before the beginning of the meeting.
3. Anyone videotaping or recording a meeting will not be permitted to move about the meeting room in
order to facilitate the recording
4. At least 24 hours' advance written notice will be given to the Board by any Unit Owner desiring to use
any audio/video equipment to record a meeting.
Page 20 LandlorAoTenant: —
Lake Whitney Professional Park — W.I.C. LEASE 1/1/10 FINAL
EXHIBIT "D"
Schedule 1 - OPTION 1 BASE ANNUAL LEASE RATE
OPTION GROSS BASE RENT
YEAR BASE RENT MONTHLY
1 $192,474
$16,041.61
2 $198,248
$16,522.86
3 $204,196
$17,018.54
4 $210,322
$17,529.10
5 $216,631
$18,054.97
n
Page 21 Landlord f ?enant: —
Lake Whitney Professional Park - W.I.C. LEASE 1/1/10 FINAL
EXHIBIT "E"
Con'eumer`s C 01Mcett>t df Exemption A. Owes
10112/0O
leseed Ptrrattenl to 0trapter its, Flettda 9tattfee
iKaaRnc„� j IllExT J
,lf RtY1NU[ .�`
85.80120MC 2 Otil17�2007 Otl31l2012
t1 Y:
This osrtill that t
PLORIOA DEPARTMENT OF HEALON t 'i": c a
.0_*I�� n rYPIli88 WAY t ad0 l_.rr •..,
TALlAMASSIM PL 32349-7017
51
a
is exempt from the payment oter On real pn>preRy anted. tnutatenl tra4lt. V � �^f .:,, ►��� �nG�
f Florida sale wild use ...
penenai property purchased or rented., or serviou purchased.
Important Inforrrmstion'for Exempt Orgenizations R. 04/Oa
IT.
(N IEf.VINUC .
1, You a"] PMV46•ip vendors and suppliers with an exrtmpflon oirtlfk,te betOn makinptax-exempt puni►sas,
See Rinii2A•1.038, Fioritid Adatkristra9ve Code (FAC).
2. Your Cowry ar s DerflMloate Of Exemption is to be wiled soWy by your organkatlon for your orgenizaftyll
customery noriproAt aotiulllea.
9, pur&&MM made by an IIrdividual on beftil of the orpenizetion are taxable, even If the irrdivkivai will be
rilynWraed by orpanieatfon.
tPj your
4. Tft ixefriptton applies only.to ptiraMaMe.your orgenititbn mrikoac The ale or lases (0 othersla taxable Your
orgy t2atlsn of "Ibis penanal property,.sieepinp acoomrrtodaions or older rat property
orpanlastion Mummpiftter, and o6W-and mrriit:atlea and via iax oh lA-1.
such taxable trotia. Mole Churofres
are exempt horn this raguirirhent'*XC it �ientriey are the isesor of real property (t mill'1`2A• 1.070, RAC).
S. it is a o►knkrai oHenso to ft"I0"Illy; PM01914 tl'Ns�oitNfloa)1 to �� Oita � of Gates tax Under no
ekoumetanosi shoaid tftis' O/Yl�iti be uiNt•fOR 001111riot+al Wn&-by flay Indivitbiil. Violators will be liable for
payM91711 of the sales'Wr plus a penalty. of 200% of the tax. and may be subject to conviction of a thkd degree
feiooy. Any. violation will neoasaftate the revocation -Of he oemkole,
g, if you have gves0Dnit, ripardNnp your exerrlptlon' ceAff mle, pieisi contact ftw Exemption Ukrit of Central
gegietrition aY a150.40l-4130, The malling addreas fi PO BOX OW,1aNahessee.' FL 32314-048D.
Page 22 Landlord: enant:
0
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Parks and Recreation Department
SUBJECT: Second Contract Amendment, Lisa's Kayaks, Inc.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
ITEM NO. VI-C
DATE: 1 /12/10
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (x )
PRESENTED BY:
Patti Raffensberger,
Recreation Manager
PREVIOUS ACTION: February 26, 2008 — Award of RFP #08-013 Kayak Rentals and Excursions to
Lisa's Kayaks, Inc.
August 11, 2009 — First Amendment approved
RECOMMENDATION: Board approval of the second amendment to the February 26, 2008
Concession Lease Agreement C08-02-157 with Lisa's Kayaks, Inc. as
outlined in the agenda memorandum and authorization for the Chairman to
sign documents as approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
b4 APPROVED ( ) DENIED
( ) OTHER �—
Faye W. Outlaw, MPA
Approved 5-0 County Administrator
Coordination/Signatures
OMB Director
County Attorney (x) ' Budget Analyst (x) / U
Daniel S. McIntyre Marie Gouin
Originating Dept. (x) Purchasing (x)
Debra Brisson Melissa Simberlund
COUNTY
F L O R I D A
Parks and Recreation
MEMORANDUM
TO: Board of County Commission rs
THROUGH: Debra Brisson, Director
FROM: Patti Raffensberger, Recreation Manage Q
DATE: January 12, 2010 r
SUBJECT: Second Contract Amendment, Lisa's Kayaks, Inc.
ITEM NO. VI-C
Background:
On February 26, 2008, the County entered into a concession lease agreement with Lisa's Kayaks,
Inc. for the operation of kayak rentals and excursions at five county -owned sites. The term of the
agreement was one year with an option to renew the lease for two additional periods of one year
each. The five county sites were North Causeway Island, Little Mud Creek, Harbour Pointe, Bear
Point and Pepper Park Riverside. A first amendment was approved by the Board on August 11,
2009 and as part of the amendment, the vendor requested to remove the Harbour Pointe, Pepper
Park Riverside and Little Mud Creek sites from the original agreement as they had not produced
enough income to warrant payment of the $55 per site monthly rent. The Parks & Recreation
Department reviewed the activity at all sites and concurred with the vendor's request.
The vendor has notified the County that she would like to renew the lease agreement which
includes North Causeway Island and Bear Point for the second and final time, extending it through
February 26, 2011.
Recommendation:
Board approval of the second amendment to the February 26, 2008 Concession Lease Agreement
C08-02-157 with Lisa's Kayaks, Inc. as outlined in this agenda memorandum and authorization for
the Chairman to sign documents as approved by the County Attorney.
C08-02-1S7
SECOND AMENDMENT TO FEBRUARY 26, 2008
CONCESSION LEASE AGREEMENT
THIS SECOND AMENDMENT is dated this day of , 2010, by and between ST.
LUCIE COUNTY, hereinafter referred to as the "County" and LISA'S KAYAKS, INC. hereinafter referred to as the "Lessee".
WITNESSETH:
WHEREAS, on February 26, 2008, the parties entered into a Concession Lease Agreement (the "Lease") which
provided for the County to lease the Site(s) to the Lessee for the operation of kayak rentals and excursions; and,
WHEREAS, on August 11, 2009, the parties executed the first amendment to the Lease Agreement extending the
term of the Lease through and including February 26, 2010 and modifying the site description, whereby eliminating
locations; and,
WHEREAS, the parties desire to further amend the agreement to extend the term of the Lease through and
including February 26, 2011.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the
Lease as follows:
1. Paragraph 1.01 Term shall be amended to read as follows:
1.01 Term. The County hereby leases to the Lessee for a term of three (3) years, the Site(s) described in
Article 3.01 below for the operation of kayak rentals and excursions within St. Lucie County and at the Site(s)
noted herein, hereafter called the "Facility".
2. Paragraph 2.01 Option to Renew shall be deleted in its entirety.
3. All other terms and conditions of the Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date first above
written.
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS
COUNTY ATTORNEY
WITNESSES: LISA'S KAYAKS, INC.
BY:
PRINT NAME:
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Solid Waste Department
ITEM NO. VI-D
DATE: 1/12110
REGULAR { )
PUBLIC HEARING ( }
LEG. { )
QUASI -JD ( )
CONSENT (X)
PRESENTED BY:%J
Leo J. Cordeiro
Director
SUBJECT: Hydraulic Hydraulic Control System
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 401-3410-599300-300 Operating Reserves (pending BOCC approval)
PREVIOUS ACTION: NIA
RECOMMENDATION: Board approval and authorization for Chairman to execute a Work Authorization
for CDM, as prepared by the County Attorney, for engineering services as outlined
in the agenda memorandum for a total cost of $314,760.
COMMISSION ACTION:
(?� APPROVED { ) DENIED
( ) OTHER
Approved 5-0
County Attorney ( X ) tJa
e
Originating Dept. ( )
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
Budget Analyst
Daniel McIntyre
(Name)
Purchasing
( X) 0
� / 1�fk
Marie ouin
Tawonna Johnson
Massa Simberlund
Solid Waste Department
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Leo J. Cordeiro, Director
Solid Waste Department
DATE:
January 12, 2010
SUBJECT:
Hydraulic Control System
ITEM NO: VI-D
Background:
Phase I of the Class I landfill was constructed in 1978 and was operated as a conventional landfill until it
was closed in 1988. Phase 1, which is located in the upper most northeast corner of the site, has a dirt
and clay base (no geosynthetic under liner) and a leachate under drain system constructed from heavy
duty plastic tubing. It is noted that a geosynthetic under liner was not required during the timeframe that
Phase I was active.
During the 1970's and 1980's, St. Lucie County (SLC) allowed it's residential and commercial customers
unsupervised access to the landfill for disposal of waste in the Phase I cell of the Class I landfill. Some
waste may have the potential to adversely affect the groundwater quality in the area of the Phase I cell.
Over the past several years, Florida Department of Environmental Protection (FDEP) has raised
concern over elevated levels of water quality constituents in the northeast corner of the site near the
Phase I cell. Some measures have been taken over the past years to evaluate the accuracy and
determine an overall trend in the groundwater quality at the site. From 2001 until 2003, the FDEP
indicated concerns regarding groundwater quality in samples from compliance wells for the Phase I
landfill. During a solid waste facility inspection conducted by FDEP on May 22, 2003, FDEP stated that
evaluation assessment for the northeast corner is required prior to permit renewal in late 2003. In
addition, the inspection stated that failure in beginning the assessment may result in an enforcement
action. On June 2, 2003, CDM, on behalf of SLC, submitted a letter to FDEP describing the plan of
action for evaluating the assessment monitoring of the northeast corner.
A Warning Letter was issued by the FDEP on July 23, 2003. The steps to resolve the issue were
discussed with FDEP. The approved assessment plan included installation of wells on the Florida
Department of Transportation (FDOT) right -of way (ROW) for Florida's Turnpike. The Resolution
Agreement was executed in February 2004 and required SLC to comply with the approved assessment
plan.
Work described in the approved plan was completed and a report was submitted to the FDEP in
November 2004. In accordance with discussions with FDEP, additional wells were installed and
groundwater samples were collected and analyzed.
In the letter report, CDM concluded that the requirements of the Resolution Agreement were satisfied
and recommended that the assessment wells should be included in the routine monitoring program.
FDEP disagreed with the conclusions and recommendations.
On August 17, 2006, representatives of FDEP, SLC and CDM met to discuss the FDEP comments.
A recommendation for closure of the Resolution Agreement was included in the operation permit
renewal application for the facility submitted in December 2008. However, concentrations of benzene in
samples from compliance and assessment wells collected in 2008 exceeded the Primary Drinking Water
Standards. As a result, FDEP recommended that the operations permit renewal and closure of the
Resolution Agreement should be addressed separately.
Corrective actions are required to comply with FDEP regulations. Mitigation of contaminated
groundwater migration beyond the zone of discharge (ZOD) may be accomplished by hydraulically
controlling movement of contaminated groundwater.
SLC and CDM met with FDEP on July 23, 2009 to discuss the approach for addressing the
contamination associated with the northeast corner at the SLC Baling and Recycling Facility. The
proposed approach is hydraulic control adjacent to the closed Phase I cell that will mitigate the migration
of contamination via groundwater to the east and northeast toward the FDOT ROW for Florida's
Turnpike. After the hydraulic control is implemented and demonstrated to be working, continued
operation of the system will be incorporated into the facility operating permit and the Resolution
Agreement can be closed.
CDM performed a field investigation to estimate the lateral extent of benzene contamination adjacent to
the eastern boundary of the unlined closed Phase I cell in October 2009. Based on the results of the
field investigation, hydraulic control of groundwater will be necessary along the eastern boundary of the
closed Phase I cell.
This scope of services and cost proposal are based on the assumption that the hydraulic control system
will consist of up to three extraction wells, pumps, wellheads, controls, and transmission pipelines.
Extracted contaminated groundwater will be transmitted to the existing lined leachate ponds via the
existing leachate collection and transmission system and disposed of with the collected leachate. The
Scope of Services is for the design, permitting, bidding support, construction services and reporting.
Recommendation:
Board approval and authorization for Chairman to execute a Work Authorization for CDM, as prepared
by the County Attorney, for engineering services as outlined in the agenda memorandum for a total cost
of $314,760.
LJC:dIs
Attachments
2
EXHIBIT A
SCOPE OF SERVICES
WORK UNDER PROFESSIONAL ENGINEERING
AND ENVIRONMENTAL SERVICES
AGREEMENT FOR SOLID WASTE MANAGEMENT
St. Lucie County (SLC) currently operates the active SLC Baling and Recycling Facility under
Florida Department of Environmental Protection (FDEP) permit (Permit No. 0126814-011-50).
Phase I of the Class I landfill was constructed in 1978 and was operated as a conventional
landfill until it was closed in 1988. Phase I, which is located in the upper most northeast corner
of the site, has a dirt and clay base (no geosynthetic under liner) and a leachate under drain
system constructed from heavy duty plastic tubing. It is noted that a geosynthetic under liner
was not required during the timeframe that Phase I was active. Phase H, which has a high
density polyethylene (HDPE) geosynthetic under liner and a leachate collection system
constructed of HDPE pipe, has been receiving waste since 1988. Phase IIIA, which also has a
HDPE under liner and leachate collection system constructed of HDPE pipe, began receiving
waste in 2004. Construction of Phase IIIB was certified as complete in March 2008. Phase IIIB is
currently not accepting waste.
During the 1970's and 1980's, SLC allowed it residential and commercial customers
unsupervised access to the landfill for disposal of waste in the Phase I cell of the Class I landfill.
During this time, there was neither oversight nor inspection of the waste loads, which is
currently required, that were being disposed of in the unlined Phase I cell. This could have
potentially resulted in unauthorized/unacceptable wastes such as, hazardous or poisonous
materials, waste fuel, oil, solvents or other flammable materials, radioactive materials,
automobiles, infectious wastes, and free liquid, being disposed in the unlined Phase I cell. These
types of materials have the potential to have adverse effects on groundwater quality in the area
of the Phase I cell.
Over the past several years, FDEP has raised concern over elevated levels of water quality
constituents in the northeast corner of the site near the Phase I cell. Some measures have been
taken over the past years to evaluate the accuracy and determine an overall trend in the
groundwater quality at the site. From 2001 until 2003, the FDEP indicated concerns regarding
exceedances of groundwater quality criteria in samples from compliance wells for the Phase I
landfill. During a solid waste facility inspection conducted by FDEP on May 22, 2003, FDEP
stated that evaluation assessment for the northeast corner is required prior to permit renewal in
late 2003. In addition, the inspection stated that failure in beginning the assessment may result
in an enforcement action. On June 2, 2003, CDM, on behalf of SLC, submitted a letter to FDEP
describing the plan of action for evaluating the assessment monitoring of the northeast corner.
The plan followed the guidelines set forth in the Florida Administrative Code (F.A.C.) and
recommendations by CDM in the Glades Road Landfill Water Quality Report (2001-2002)
submitted in May 2003. Additional compliance wells were installed and sampled in June 2003.
A Warning Letter was issued by the FDEP on July 23, 2003. The steps to resolve the issue were
discussed with FDEP in a meeting on August 14, 2003. In accordance with discussions with the
FDEP, plans to assess the contamination were submitted to the FDEP on October 1, 2003. In
A-1 Hydraulic Exhibits (2). doc
contaminated groundwater. Neither preventing leachate generation nor collecting leachate are
considered cost-effective options based on the current condition of the Phase I cell. Hydraulic
control may be accomplished using either a horizontal interception trench/ drain system or a
vertical extraction well system. The distribution of contamination immediately adjacent to the
Phase I cell and the hydraulic properties of the aquifer must be evaluated in order to select and
design the optimum hydraulic control strategy.
SLC and CDM met with FDEP on July 23, 2009 to discuss the approach for addressing the
contamination associated with the northeast corner at the SLC Baling and Recycling Facility. As
discussed in the meeting, the corrective actions will be performed under the Resolution
Agreement dated February 2004. The proposed approach is hydraulic control adjacent to the
closed Phase I cell that will mitigate the migration of contamination via groundwater to the east
and northeast toward the FDOT ROW for Florida's Turnpike. After the hydraulic control is
implemented and demonstrated to be working, continued operation of the system will be
incorporated into the facility operating permit and the Resolution Agreement can be closed.
Plans for the hydraulic control system will need to be provided to FDEP for review and
approval. The schedule for implementation will be included with the plans. SLC, CDM, and
FDEP also agreed in the meeting that an Initial Notice of Contamination Beyond Property
Boundaries will be prepared and submitted in accordance with Chapter 62-780.220(2), Florida
Administrative Code. The notice will address exceedances of applicable parameters detected in
samples from assessment wells on the FDOT ROW for Florida's Turnpike.
CDM performed a field investigation to estimate the lateral extent of benzene contamination
adjacent to the eastern boundary of the unlined closed Phase I cell in October 2009. Results of
the Phase I investigation were presented in a brief letter report dated November 4, 2009. Based
on the results of the field investigation, hydraulic control of groundwater will be necessary
along the eastern boundary of the closed Phase I cell.
SCOPE OF SERVICES
SLC has requested that CDM prepare this Scope of Services to provide professional engineering
services for the design, permitting, bidding, construction administration, and monitoring and
reporting for a hydraulic control system that will mitigate the migration of leachate-
contaminated groundwater beyond the zone of discharge to the east of the closed Phase I
unlined landfill cell. Evaluation of available data indicates that the leachate collection system for
the closed Phase I cell is no longer functioning as required and cannot be repaired. Therefore, in
accordance with discussions with FDEP, a system will be installed along the eastern
(downgradient) side of the closed Phase I cell to capture the leachate-contaminated
groundwater. A Corrective Measures Plan is scheduled to be submitted to the FDEP in January
2010.
This scope of services and cost proposal is based on the assumption that the hydraulic control
system will consist of up to three extraction wells, pumps, wellheads, controls, and transmission
pipelines. Extracted contaminated groundwater will be transmitted to the existing lined
leachate ponds via the existing leachate collection and transmission system and disposed of
with the collected leachate. The system may require modification pending results of Task 1 of
the scope of services. The Scope of Services for the design, permitting, bidding support,
construction services and reporting is described below.
A-3 Hydraulic Exhibits (2).doc
response to FDEP comments dated October 13, 2003, modifications to the plan were made and
submitted to the FDEP on October 24, 2003. The plans were approved by FDEP on October 30,
2003. The approved assessment plan included installation of wells on the Florida Department of
Transportation (FDOT) right -of way (ROW) for Florida's Turnpike. While a permit to access to
the FDOT ROW was being obtained, a Resolution Agreement between FDEP and SLC was
negotiated. The Resolution Agreement was executed in February 2004 and required SLC to
comply with the approved assessment plan.
Work described in the approved plan was completed and a report was submitted to the FDEP
in November 2004. The report included the recommendation to add the new assessment wells
to the routine monitoring program. In review comments dated June 27, 2005, FDEP requested
additional assessment to the north and east to further define the extent of contamination. In
accordance with discussions with FDEP, additional wells were installed and groundwater
samples were collected and analyzed. The results of the additional investigations were
provided to the FDEP in a letter report dated April 26, 2006. Results of the additional sampling
and routine monitoring indicated that there were no exceedances of Primary Drinking Water
Standards in samples from the off -site assessment wells. In the letter report, CDM concluded
that the requirements of the Resolution Agreement were satisfied and recommended that the
assessment wells should be included in the routine monitoring program. In comments dated
July 14, 2006, FDEP disagreed with the conclusions and recommendations.
On August 17, 2006, representatives of FDEP, SLC and CDM met to discuss the FDEP
comments. It was agreed that corrective actions for exceedances of secondary drinking water
standards would not be required and that one additional well would be installed on the FDOT
ROW and sampled. If results were satisfactory, then the Resolution Agreement would be
considered closed. With permission from FDOT, Geoprobe samples of groundwater were
collected and analyzed. Results were acceptable for closure of the Resolution Agreement as
agreed in the August 2007 meeting with FDEP.
A recommendation for closure of the Resolution Agreement was included in the operation
permit renewal application for the facility submitted in December 2008. However,
concentrations of benzene in samples from compliance and assessment wells collected in 2008
exceeded the Primary Drinking Water Standards. These exceedances were noted by the FDEP in
comment letters regarding submittals of semi-annual monitoring results, the biennial report
submitted in December 2008, and in the Request for Additional Information (RAI) dated
February 19, 2009 for the permit renewal application. As a result, the response to the FDEP RAI
recommended that the operations permit renewal and closure of the Resolution Agreement
should be addressed separately.
The exceedances of the criterion for benzene were recently noted by FDEP in their
memorandum dated May 29, 2009 regarding the results of the January 2009 monitoring event.
In the memorandum, FDEP indicated a willingness to meet and discuss the situation.
Corrective actions are required to comply with FDEP regulations. In order to comply with the
regulations, the contamination that extends beyond the Zone of Discharge (ZOD) on to the
FDOT ROW must be mitigated. Mitigation of contaminated groundwater migration of beyond
the ZOD may be accomplished by either stopping the production of leachate in the Phase I cell,
collecting the leachate before it reaches groundwater, or hydraulically controlling movement of
A-2 Hydraulic Exhibits (2) doc
CDM will undertake the hydraulic control system design, permitting, bidding, and construction
services. Based on recent discussions with SLC staff, FDEP requirements, our familiarity with
the landfill site, and our experience with similar projects, the proposed Scope of Services
includes the following:
TASK 1.0 - DATA COLLECTION AND GROUNDWATER MODELING
This task includes the collection of additional data and limited groundwater modeling that is
necessary to evaluate, select, and conceptually (30-40 percent) design the hydraulic control
system and will be performed concurrently with Task 1. A single layer WinFlow groundwater
flow model will be used to evaluate groundwater extraction technologies, select the optimum
placement of the hydraulic control system, and estimate groundwater withdrawal rates that
will be necessary to capture contaminated groundwater. The following data will be used to
develop the WinFlow model:
a Aquifer properties estimated using data from in -situ permeability tests.
■ Groundwater level data from groundwater monitoring events.
■ Surface water level data from monitoring events.
■ Rainfall data.
■ Site features and topographic data from site surveys.
Prior to simulating groundwater extraction scenarios, the model will be validated by comparing
model simulated groundwater flow directions and elevations to site water level data. Once the
model is validated, up to five groundwater extraction scenarios will be simulated. It is
anticipated that the groundwater extraction scenarios will include both horizontal and vertical
wells.
Work elements included in this task include:
■ Performance of bi-situ permeability tests of two shallow - and two intermediate -depth wells.
The wells will be selected based on their proximities to the probable location of the
groundwater extraction system.
■ Pre-processing of data in CDM and SLC files regarding water levels, rainfall, and site
features and topography for development of the model.
■ Construction of the WinFlow groundwater flow model. The anticipated domain of the
model is the immediate vicinity of the Phase I cell.
■ Validation of the model using site water level data. Up to three adjustments to model input
data will be made to validate the model in general accordance with industry standards.
■ Simulations of groundwater extraction scenarios. Up to five simulations using different well
locations, well types, and/or pumping rates will be performed. The scenarios will be
selected based on results of feasibility analyses for implementability and hydraulic
properties. Results will be used to evaluate and select the optimum groundwater extraction
scenario with respect to cost, effectiveness, and reliability.
CDM will also investigate alternative treatment options other than a hydraulic control system
based on the data collected.
A-4 Hydraulic Exhibits (2).doc
TASK 2.0 - PLANS, SPECIFICATIONS AND COST ESTIMATE PREPARATION
This task consists of the development of plans, specifications, and contract documents to
procure construction services and to construct the hydraulic control system.
Subtask 2.1 CDM will prepare detailed contract drawings for the construction of the
hydraulic control system. The Scope of Services for this Subtask is based on our
experience with similar hydraulic control systems and FDEP requirements.
Below is a preliminary list of drawings required for the construction of the
hydraulic control system:
Sheet No.
Title
General
Cover
G-1
Index, Legend, General Notes, Abbreviations/ Symbols
Civil
C-1
Existing Site Plan
C-2
Groundwater Hydraulic Control System Plan
C-3
Groundwater Hydraulic Control System Piping Plan and Sections
C-4
Groundwater Hydraulic Control System Piping Plan and Sections
C-5
Groundwater Extraction Well Construction Details
C-6
Stormwater Pollution Prevention Plan
C-7
Stormwater Pollution Prevention Plan
CD-1
Miscellaneous Civil Details
CD-2
Erosion & Sedimentation Control Notes and Details
Electrical
E-1
Electrical Legend and Notes
E-2
Electrical Site Plan
E-3
Electrical Riser Diagram
E-4
Electrical Plans
E-5
Control Panel Diagram
E-6
Electrical Schedules and Details
Instrumentation
I-1
Instrumentation Legend & Notes
I-2
Process and instrumentation Diagram
1-3
Instrumentation Riser Diagrams
14
Instrumentation Schedules and Details
Subtask 2.2 CDM will prepare specifications, utilizing the Engineers Join Contract
Documents Committee/Construction Specifications Institute format, which will
consist of written technical descriptions of materials, equipment, construction
systems, standards and workmanship as applied to this project. Specifications for
the hydraulic control system shall include earth work, trenching, drilling,
electrical, instrumentation and controls, and other applicable items.
Subtask 2.3 CDM will prepare an estimate of probable construction cost at 50 percent and 100
percent completion stages, and submit the estimates to SLC for review, The
A-5 Hydraulic Exhibits (2) doe
estimates will be based on generally accepted costs for this type of work.
TASK 3.0 - PREPARATION OF CORRECTIVE ACTION PLAN
A Corrective Action Plan will be prepared for submittal to FDEP. The Corrective Action Plan
will be prepared using the 50 percent design drawings. Comments will be resolved and up to 10
copies of the final report will be prepared and delivered to SLC for their submittal to FDEP. The
report will contain the following at a minimum:
■ Discussion of Corrective Action objectives.
■ Rationale for the design of the hydraulic control system including results of the Phase I
Direct Push Technology (DPT) sampling, in -situ permeability tests, and modeling scenarios.
■ 50 percent design drawings showing the wellheads, control panels and transmission
pipelines.
■ Hydraulic control system performance monitoring plan.
■ Operation and maintenance plans.
This task includes one written response to FDEP comments regarding the Corrective Action
Plan. One meeting with FDEP in West Palm Beach is also included. Field investigations and
additional studies are not included.
TASK 4.0 - PERMITTING ASSISTANCE
Permitting requirements for installation and operation of the hydraulic control system are
anticipated to be minimal. A Water Use Permit (WUP) will be required. Preparation of the
application for a WUP is included in this task. Modification of the operation permit for the
landfill is not included. In accordance with agreements with FDEP, the hydraulic control system
will be installed under the Resolution Agreement and will be incorporated into the operation
permit for the landfill at a later date. Permitting fees for the landfill operation permit are not
included in the cost.
TASK 5.0 - PROTECT/QUALITY MANAGEMENT
Activities performed under this task consist of those generally administrative functions
required to assure that the project remains on schedule, within budget, and that the quality of
the work products defined within this scope is consistent with CDM's standards.
Specific activities included are identified below:
Subtask 5.1 Project Update Meetings - CDM's project manager will prepare for and attend
status meetings throughout the life of the project. It is estimated that meetings
will be held on the average of once a month. Monthly meetings will be held
during construction of the hydraulic control system.
Subtask 5.2 Quality Control (QC) Technical Review - CDM maintains a QC program on all of
its projects. Two formal Technical Review Committee (TRC) meetings have been
budgeted for and will be conducted at the 50 percent and 90/100 percent
completion stages of the project. SLC's representatives will be invited to attend
and participate at the TRC meetings.
A-V Hydraulic Exhibits (2).doc
Subtask 5.3 Project Status Reports - CDM's project manager will prepare and submit
monthly status reports throughout the life of this project.
TASK 6.0 - BIDDING SERVICES
In this task, CDM will assist SLC in obtaining bids for the construction of the project, assist SLC
in evaluating the bids, assembling and awarding the contract, and will arrange and preside over
a pre -bid conference.
Subtask 6.1 CDM will coordinate the advertisement of the bid, distribute contract documents
for non-refundable reproduction costs, respond to communications from
Contractors, attend a pre -bid conference, and issue addenda, as necessary. SLC
will advertise for bids.
Subtask 6.2 CDM will prepare a detailed final opinion of probable cost.
Subtask 6.3 CDM will attend the bid opening, evaluate bids, and recommend a bidder for
award of contract to SLC.
Subtask 6.4 After issuance of a Notice of Award by SLC, CDM shall assist SLC in preparing
the construction contract, request and review the information from the
Contractor, and advise SLC on. finalizing the contract. The bidding phase of the
project terminates when the construction contract is executed between SLC and
the Contractor.
TASK 7.0 GENERAL ENGINEERING SERVICES DURING CONSTRUCTION
These services shall include the following subtasks:
Subtask 7.1 CDM will consult with, advise, and act as SLCs representative as provided in the
General Conditions of the construction contract. Consult with and advise SLC as
to the acceptability of substitute materials and equipment proposed by the
Contractor when substitution is permitted by the Contract Documents.
Subtask 7.2 CDM will make visits to the site at intervals appropriate to the various stages of
construction to observe the progress and quality of the executed work of the
Contractor and to determine in general if such work is proceeding in accordance
with the Contract Documents. During such visits and on the basis of on -site
observations, CDM shall keep SLC informed of the progress of the work and
shall endeavor to determine in general if such work is proceeding in accordance
with the Contract Documents. Additionally, during such visits and on the basis
of such observations, CDM shall disapprove or reject Contractor's work while it
is in progress if CDM believes that such work will not produce a completed
Project that conforms generally to the Contract Documents or that it will
prejudice the integrity of the design concept of the completed Project as a
functioning whole as indicated in the Contract Documents.
A-7
Hydraulic Exhibits (2).doc
Subtask 7.3 CDM will review and approve shop drawings and samples, the results of
laboratory tests and other data which the contractor is required to submit.
Subtask 7.4 CDM will issue instructions to the Contractor and issue necessary interpretations
and clarifications of the Contract Documents. Act as SLC's representative to
require special inspection or testing of the work. Act as initial interpreter of the
requirements of the Contract Documents regarding the execution and progress
of the work.
Subtask 7.5 Based on CDM's on -site observations and on review of applications for payment
and the accompanying data and schedules, CDM will determine the amounts
owing to the Contractor and recommend in writing, payments to the Contractor
in such amounts.
Subtask 7.6 CDM will conduct a final check to determine if the work has been completed in
accordance with the Contract Documents.
Subtask 7.7 CDM will undertake project quality management to meet budget and time
constraints; generate correspondence to SLC, Contractor, regulatory agencies,
and other parties; provide monthly project status reports; prepare monthly
progress meeting minutes; and maintain comprehensive project records and
documentation on file.
Subtask 7.8 CDM will complete and file daily reports for incorporation in the final
Certification Documents.
Subtask 7.9 CDM will monitor/check performance tests and review field test reports for
conformance with project contract documents.
Subtask 7.10 CDM will arrange for monthly progress meetings to be attended by the
Contractor, SLC, and CDM's representatives. The purpose of these meetings is to
review the Contractor's work performed, discuss Contractor's schedule and any
construction/field problems.
The level of work estimated for this project is based on a two -month construction period. CDM
reserves the right to request additional compensation, should construction extend beyond the
two months.
TASK 8.0 SPECIAL ENGINEERING SERVICES DURING CONSTRUCTION
Activities performed under this task consist of supplementary and special engineering services
required during the construction and implementation of the project.
Subtask 8.1 Prepare for SLC a set of reproducible record drawings and a digital copy in
AUTOCAD showing those significant changes made during the construction
process based on information furnished to CDM by the Contractor.
A-8 Hydraulic Exhibils (2).doc
Subtask 8.2 Provide services in connection with preparing change orders to reflect changes to
the construction project.
Subtask 8.3 Provide services in connection with preparing final certifications of completion
of construction.
TASK 9.0 RESIDENT SERVICES DURING CONSTRUCTION
The activities performed under this task consist of providing a resident representative during
the construction and implementation of the project.
Subtask 9.1 Activities performed under this task consist of furnishing a part-time Project
Representative (PR) during the project construction (40 calendar day period) to
observe the performance of the work of the contractor. The level of work
estimated for this project is 120 (40 working days X 3 hrs/day) man-hours of
project representative time based on a two month construction period. CDM
reserves the right to request additional compensation, should construction
extend beyond the 120 hour period.
Subtask 9.2 The Project Representative as CDM's agent will act as directed by and under the
supervision of the CDM, and will confer with CDM regarding his actions. The
Project Representative's dealings in matters regarding the on -site work shall in
general be only with CDM and the Contractor, and dealings with subcontractors
shall only be through or with the full knowledge of the Contractor. Written
communication with SLC will be only through or as directed by CDM.
Subtask 9.3 The Project Representative will prepare daily reports, describing the general
working conditions, areas of construction activity, tests performed and special
and unusual events.
TASK 10.0 HYDRAULIC CONTROL SYSTEM STARTUP
During the startup phase, field personnel will conduct a shakedown of the system and its
components including system alarms, telemetry, and pressure/flow gauges. Depth to water
measurements will be made in vicinity monitoring wells and adjustments will be made to
achieve optimal performance and document groundwater capture.
It is anticipated that the system startup and testing will require approximately three working
days to evaluate system performance. As required by FDEP regulations, one sample of the
effluent to the leachate ponds and one sample from each of the proposed extraction wells will
be collected each day (three days total) and analyzed for benzene, sodium, and ammonia. The
effluent samples collected on the first two days of system operation will have a 24-hr
turnaround time (TAT) for reporting results. A standard TAT of five to seven business days will
be requested for subsequent sampling. Samples will be collected weekly and analyzed for
benzene, sodium, and ammonia for the subsequent three weeks of operation and monthly
during the subsequent two months of operation in accordance with FDEP requirements.
A-9 Hydraulic Exhibits (2).doc
TASK 11.0 CORRECTIVE ACTION CONSTRUCTION COMPLETION REPORT
In accordance with FDEP requirements, within 120 days of the hydraulic control system
construction and startup activities, a Construction Completion Report (CCR) will be prepared
and submitted to SLC for review. The CCR will include system as -built drawings and
construction documentation (field logs, boring logs, analytical groundwater sampling forms,
etc.). The CCR will also include the O&M Manual, current O&M records, and analytical
groundwater data collected in Task 10.0. The final CCR will be prepared for submittal to FDEP
and SLC.
TASK 12.0 YEAR 1 MONITORING AND REPORTING
Subtask 12.1 Routine Monitoring- This task includes routine monitoring of the system in
accordance with FDEP requirements. Following startup and testing, quarterly
monitoring of the system will be performed in accordance with the FDEP-
approved monitoring plan (see Task 3). Three quarterly monitoring events are
included. Operation of the system is not included. Each quarterly monitoring
event will include:
■ Collecting one effluent sample and one sample from each of the extraction
wells
■ Analyzing the samples for benzene, sodium, and ammonia
■ Recording pumping rates, cumulative flow, pressure, and pump speed for
each extraction well.
■ Recording depth to water in the extraction wells and selected groundwater
monitoring wells.
It is assumed that the cost of the laboratory analysis will be invoiced directly to
SLC through their contract with Pace Analytical Inc.
Groundwater elevations will be used to evaluate the performance of system by
analyzing the overall groundwater capture within the area. During each
quarterly O&M event, appropriate system adjustments will be recommended to
ensure optimal performance and to achieve appropriate groundwater capture.
After each quarterly monitoring visit, CDM will prepare a summary letter for
submittal to SLC that includes system performance data and results of effluent
samples collected.
Subtask 12.2 Remedial Action Status Report- In accordance with FDEP requirements, within
60 days of the one year anniversary of initiation of system operation, a Remedial
Action Status Report (RASP) will be prepared and submitted to SLC for review
and comment. After resolution of comments, the final RASP will be prepared for
submittal to FDEP and SLC. The RASP shall contain the following, as applicable:
■ Summaries of analytical results from routine monitoring.
■ Summaries of pumping rates, cumulative flows, and water level data.
■ One or more scaled maps that show groundwater flow direction(s) and
extent of the contamination.
A-10 Hydraulic Exhibits (2).doc
■ ConcIusions as to the effectiveness of the active remediation for the specified
period covered in the status report.
■ Recommendations regarding continued operation of the system or to modify
the system operation.
■ Form 62-780.900(5), summarizing the information from the annual remedial
action tasks.
PROTECT SCHEDULE
The following project schedule has been developed based on authorization to provide design
services being received on January 5, 2010. Completion dates are subject to revision pending
FDEP review and comments and construction schedule.
Task
Task 1 - Data Collection & Groundwater Modeling
Task 2 - Design
Task 3 - Corrective Action Plan Preparation
Task 4 - Permitting Assistance
Task 5 - Project Quality Management/Meetings
Task 6 - Bidding Services
Tasks 7 - 9 Construction Services
Task 10 - Hydraulic Control System Startup
Task 11 -Construction Completion Report
Task 12 - Monitoring and Reporting (Year 1)
PAYMENT AND COMPENSATION
Completion Date
March 19, 2010
August 23, 2010
April 23, 2010
September 24, 2010
March 15, 2012
October 22, 2010
February 18, 2011
March 18, 2011
April 15, 2011
March 15, 2012
Payments for the Scope of Services described herein shall be made on the basis of a lump sum
fee. The lump sum fee for this proposal is $314,760 per Exhibit B. CDM will submit monthly
invoices based on the percent complete for the work performed.
TOTAL PROJECT COST:
$314,760
A-11
Hydraulic Exhibits (2).doc
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EXHIBIT C-1
BUDGET
PROJECT: St. Lucie County Baling and Recycling Facility
Hydraulic Control System - Phase II
Design, Permitting, Bidding, Services During Construction, and O&M
PROJECT
DESCRIPTION: As Outlined in the Scope of Services, Attachment A
REFERENCE: Agreement between St. Lucie County Board of County Commission and
Camp Dresser & McKee Inc.
Labor Category
Hours
Officer
46
Principal/ Associate
208
Senior Professional
650
Professional II
438
Professional I
244
Senior Support Services
119
Staff Support Services (Drafting)
276
Project Administration
122
Staff Support Services (Field)
50
TOTAL HOURS
2,153
TOTAL LABOR COST $271,967
OUTSIDE PROFESSIONAL SERVICES
Electrical $20,000
Survey $5,000
$25,000
OTHER DIRECT COSTS
General $16,300
Slug Test Equipment $1,500
$17,900
GRAND TOTAL $314,767
USE A LUMP SUM 314 760
C-1 Hydraulic Exhibits (2).doc
ATTACHMENT A
ST. LUCIE COUNTY
SOLID WASTE MANAGEMENT
AGREEMENT FOR PROFESSIONAL SERVICES
I. PROJECT DESCRIPTION
Consulting engineering services assisting the County in performing various tasks
associated with the solid waste system.
II. SCOPE OF SERVICES
Reference is made to the attached Scope of Work and the "Agreement for Professional
Services" dated April 11, 2000.
III. CONSULTING ENGINEER INSURANCE REQUIREMENTS
A. Professional Liability Insurance with limits of liability no less than one million
dollars ($1,000,000) per occurrence.
B. Worker's Compensation Insurance in accordance with Florida Statutes.
C. Employer's Liability with minimum limits of one hundred thousand dollars
($100,000) each accident.
D. Comprehensive General Liability with a minimum limit of five hundred
thousand dollars ($500,000) combined single limit for Bodily Injury and Property
Damage.
IV. COMPENSATION FOR SERVICES
Compensation for services shall be as follows in accordance with the "Agreement for
Professional Services" dated April 11, 2000.
TOTAL PROJECT COST:
1
$314,760
Hydraulic Agreement.doc
WITNESS:
WITNESS:
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
CAMP DRESSER & McKEE INC.
am
Sr. Vice President
K
Hydraulic Agreement doc
AGENDA REQUEST
ITEM NO. VIE
DATE: 01 /12110
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Daniel J. Lutzke
SUBMITTED BY: Human Resources/Risk Management Risk Manager
SUBJECT: Prison Health Services Inmate HIV Medications Invoice for November, FY 09-
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
PHS0006983 for HIV Meds for the period of November 01, 2009 thru November
30, 2009, in the amount of $46,354.62.
COMMISSION ACTION: CONCURRENCE:
(�Q APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
Approved 5-0 County Administrator
Coordination/Signatures
County Attorney (�) OMB Director
Budget Analyst
(Daniel S. McIntyre) (Marie G uin)
Originating Dept. (ERD ( )
J. L e) (Name)
L(D�asniel
)
Human Resources/Risk Management
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Carl Holeva, Human Resources DirLo
FROM: Daniel J. Lutzke, Risk Manager
DATE: December 28, 2009
SUBJECT: Prison Health Services Inmate HIV Medications Invoice for November, FY 09-10.
ITEM NO. V1 E
Background:
Prison Health Services (PHS) acts as a third party administrator for St. Lucie County jail inmate
health care and manages, administers and pays for inmate medications and out -patient medical
services provided to inmates by off -site medical providers. PHS is now requesting reimbursement
from the County for November 2009 inmate HIV medication costs in accordance with Florida Statute
F.S. 901.35 which states that the medical services provider shall be reimbursed from the general
fund of the County when no other source of payment is available.
Attachments
Prison Health Services Invoice number PHS0006983 in the amount of $ 46,354.62
Certification of invoice #PHS 0006963 from Sheriff's Consultant, Alliance Medical Management.
Recommendation
Board approval for payment of Prison Health Services invoice number PHS0006983 for HIV Meds
for the period of November 01, 2009 thru November 30, 2009, in the amount of $46,354.62.
Invoice Number: PHS0006963
Prison Health Services, Inc.
105 Westpark Drive, Suite 200
Brentwood, IN 37027
1-800-729-0069 ext. 338 ID# 23-2108853
MONTHLY INVOICE
St. Lucie County, FL
Aggregate Report for Contract Year: October 1, 2009 through September 30, 2010
HIV Medications
For the month ended: November 30, 2009
Aggregate Terms per Contract (backup attached):
Annual Aggregate Limit: $ -
Annual Aggregate Total: $ -
100% bill back over $ -
Pharmacy - HIV Meds YTD:
See Attached
46,354.62
Amount Due This Invoice $ 46,354.62
January 5, 2010
MR. Dan J. Lutzke, CSP, CDS, ARM, ARM-P
St. Lucie County BOCC — Risk Manager
2300 Virginia Avenue
Ft. Pierce, FL 34982
Dear Ms. Wallace:
This letter is to inform you that I have received PHS' invoice #PHS 0006963 for the
amount of $46,354.62 for the HIV Meds as of Nov. 2009. It is the correct invoice amount
for the period of 11/01/09 to 11/30/09. Please let me know if I can be of further assistance.
Management
rA
7c6uNTY
F
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1 0 A
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
ITEM NO. VI-F
DATE: 01/12/10
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT
BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Don McLam
Assistant Director
Central Services
Award of Bid No. 09-077 — St. Lucie Courthouse Annex Renovations
See attached memorandum.
315-1930-562000-1531 New Courthouse Maintenance Improvements
001-1930-562000-1531 New Courthouse Maintenance Improvements
(X)
July 7, 2009 — BOCC approval of Resolution No. 09-188, addition of the
Courthouse Annex Renovation project to the local economic stimulus project list.
RECOMMENDATION: Board approval to award Bid No. 09-077 to Boran Craig Barber Engel Construction
Company and authorize the Chairman to sign documents as approved by the
County Attorney.
COMMISSION ACTION:
(�Q APPROVED
( ) OTHER
Approved 5-0
County Attorney ( x )
Originating Dept.
H \ AGENDA - 352
CONCURRENCE:
( ) DENIED
Faye W. Outlaw MPA
County Administrator
Coordination/Signatures
Dan McIntyre
(x)
Roger A. Shinn
OMB Director ( x)
Budget Analyst
Marie Gouin
Robert O'Sullivan
Purchasing ( x\�1C
(Desiree Cimino)
W9
c6UNTY
F L 0 R t D R
Central Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Roger A. Shinn, Directoro(.O—
FROM: Don McLam, Assistant Directff—
Central Services
DATE: January 12, 2010
SUBJECT: Award of Bid No. 09-077 — St. Lucie Courthouse Annex Renovations
ITEM NO. VI-F
Background:
Invitation to bid went out October 12, 2009 for Bid No. 09-077, St. Lucie County Courthouse Annex
Renovation project, a local economic stimulus project. This project consists of renovating the first
floor of the Courthouse Annex to add three courtrooms.
Bids were due December 9, 2009. Per Demandstar.com, 858 companies were notified, 132 bid
documents distributed and seven bids received (Attachment 1). The lowest bid, Boran Craig
Barber Engel Construction Company of Naples (Collier County), came in at $1,773,100 with 75%
local labor, 75% local supplier and 75% local subcontractors.
Recommendation:
Board approval to award Bid No. 09-077 to Boran Craig Barber Engel Construction Company and
authorize the Chairman to sign documents as approved by the County Attorney.
ATTACHMENT
BOARD OF
COUNTY
COMMISSIONERS
i.m.
loop
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COUNTY
F
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I D A
TABULATION SHEET - BID #09-077
ST. LUCIE COURTHOUSE ANNEX RENOVATIONS
OPENED: DECEMBER 09, 2009 AT 3:00 PM
SEVEN ( 7 ) submittals were received for subject proposal:
PURCHASING
DEPARTMENT
Total Bid Price Economic Stimulus
BORAN CRAIG BARBER ENGEL CONSTRUCTION CO. INC.
$ 1,773,100.00
Local Labor: 75%
Local Supplier: 75%
3606 Enterprise Ave., Naples, FL 34104
Tel: 239-643-3343
Local Subcontractors: 75%
Fax: 239-643-4548
BAYVIEW CONSTRUCTION CORP.
Local Labor: 75%
4826 SE Railway Ave., Stuart, FL 34997
$ 1,928,307.00
Local Supplier: 75%
Tel: 772-283-9300
Local Subcontractors: 75%
Fax: 772-288-1337
WEST CONSTRUCTION. INC.
Local Labor: 75%
318 South Dixie Highway, Suite 4-5, Lake Worth, FL 33460
$ 2,014,753.00
Local Supplier: 75%
Tel: 561-588-2027
Local Subcontractors: 75%
Fax: 561-582-9419
DAVID BROOKS ENTERPRISES INC.
Local Labor: 75%
9000 Burma Rd., Ste. 101, Palm Beach Gardens, FL 33403
$ 2,064,900.00
Local Supplier: 75%
Tel: 561-626-9960
Local Subcontractors: 75%
Fax: 561-626-9980
AFCO CONSTRUCTION INC.
Local Labor: 75%
1804 N.W. Madrid Way, Boca Raton, FL 33432
$ 2,075,000.00
Local Supplier: 75%
Tel: 561-338-2160
Local Subcontractors: 75%
Fax: 561-338 5037
HEART CONSTRUCTION LLC
Local Labor: 75%
2830 Scherer Drive, Suite 320, St. Petersburg, FL 33716
$ 2,200,000.00
Local Supplier: 75%
Tel: 727-572-8022
Local Subcontractors: 75%
Fax: 727-573-0474
PAUL JACQUIN & SONS INC.
Local Labor: 75%
7348 Commercial Circle, Ft. Pierce, FL 34951
$ 2,273,160.00
Local Supplier: 75%
Tel: 772-465-2475
Local Subcontractors: 75%
Fax: 772-466-2806
Number of companies notified*: 858
Number of bid documents distributed*: 132
Number of bids received: 7
*per demandstar.com
CHRIS DZADOVSKY, District No.1 ♦ DOUG COWARD, District No. 2 ♦ PAULA A. LEWIS, District No. 3 ♦ CHARLES GRANDE, District No. 4 ♦ CHRIS CRAFT, District No. 5
County Administrator—FAYE W.OUTLAW, MPA
2300 Virginia Avenue — Fort Pierce, FL 34982-5652 — Phone (772) 462-1700 — TDD (772) 462-1428
website: www.co.st-lucie.fl.us
CONSENT ( X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Marie M. Gouin
SUBMITTED BY: Office of Management & Budget/Purchasing Director
th
SUBJECT: Bid No. 09-072, Courier Services for the 19 Judicial Circuit
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 183-601-534000-6000 Other Contractual Services
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval to award Bid No. 09-072, Courier Services for the 19th Judicial
Circuit, to Medical Logistic Solutions, Inc. of Denver, Colorado and authorization
for the Chairman to sign documents as approved by the County Attorney.
COMMISSION ACTION:
(� APPROVED ( )
( ) OTHER
Approved 5-0
CONCURRENCE:
DENIED
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB
County Attorney (X) 'hy to Budget Analyst
Dan McIntyre
Purchasing (X) Court
Administration
Desiree Cimino
W
t�
Sophia Holt
( X)_—
Thomas Genung t `.
L
Office of Management
- _ & Budget/Purchasing
MEMORANDUM
TO: Board of County Commissioners
FROM: Marie M. Gouin, Director
DATE: January 12, 2010
SUBJECT: Bid No. 09-072, Courier Services for the 19th Judicial Circuit
ITEM NO. VI-G1
Background:
On October 20, 2009, submittals to Bid No. 09-072 for courier services for the 19th Judicial Circuit
were opened. Three submittals were received; 74 companies were notified and ten documents
were distributed. Bid No. 09-072 was bid in accordance with Local Preference Ordinance No. 09-
005. The second low bidder, Treasure Coast Courier Services, Incorporated of Fort Pierce, was not
within five percent of the low bidder and therefore not allowed to match the low bid.
The intent of the bid is to provide courier services for the 19th Judicial Circuit and its respective
departments, branches and officers with inter -office correspondence/delivery service.
Recommendation:
Board approval to award Bid No. 09-072, Courier Services for the 19th Judicial Circuit, to Medical
Logistic Solutions, Inc. of Denver, Colorado and authorization for the Chairman to sign documents
as approved by the County Attorney.
C.1
BOARD OF
COUNTY
COMMISSIONERS
PURCHASING
DEPARTMENT
BID #09-072
COURIER SERVICES FOR 19T" JUDICIAL CIRCUIT
OPENED: October 21, 2009 AT 2:00 PM
THREE (3) Submittals were received for subject proposal:
All submissions are under review. A Letter of Intent to award will be faxed to all Bidders
prior to award.
PER WEEK PER YEAR
MEDICAL LOGISTIC SOLUTIONS
3280 DENARGO SUITE A, DENVER,CO 80219
$ 367.50
$ 19,110.00
Phone: 303-917-8401
Facsimile: 303-292-9409
TREASURE COAST COURIER SERVICES INC.
$ 474.00
$ 24,648.00
P.O. BOX 12192, FT. PIERCE, FL 34979
Phone: 772-464-3515
Facsimile: 772-465-0039
INTERSTATE EXPRESS INC.
P.O. BOX 865, STUART, FL 34995
$ 512.50
$ 26,650.00
Phone: 772-287-2137
Facsimile: 772-223-9121
NUMBER OF COMPANIES NOTIFIED*: 74
NUMBER OF BID DOCUMENTS DISTRIBUTED*: 10
NUMBER OF BIDS RECEIVED: 3
* - Per demandstar.com
ATTACHMENT 1
AGENDA REQUEST
ITEM NO. VI-G2
DATE: 1/12/10
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT
(X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Marie M. Gouin f']n
SUBMITTED BY: Office of Management & Budget/Purchasing Director
SUBJECT: Request for Proposal (RFP) No. 09-071, Disaster Debris Monitoring Management
and Consultant Services
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval to award RFP No. 09-071, Disaster Debris Monitoring
Management and Consultant Services, to Neel -Schaffer, Incorporated of Vero
Beach as the primary consultant and Beck Disaster Recovery, Incorporated and
Solid Resources, Incorporated as the secondary consultants and authorization for
the Chairman to sign documents as approved by the County Attorney.
COMMISSION ACTION:
( APPROVED ( ) DENIED
( ) OTHER
Approved 5-0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( X) •it@ 42Lr)�Y-m Budget Analyst
Dan McIntyre
Purchasing ( X)`___ Solid Waste
Desiree Cimino
(X)
4;F Tawonna Johnson
P
—, Leo Cordeiro
Office of Management
& Budget/Purchasing
MEMORANDUM
TO: Board of County Commissioners ��/
FROM: Marie M. Gouin, Director r_°
DATE: January 12, 2010
SUBJECT: Request for Proposal (RFP) No. 09-071, Disaster Debris Monitoring Management
and Consultant Services
ITEM NO. VI-G2
Background:
On October 7, 2009, responses to RFP No. 09-071, Disaster Debris Monitoring Management and
Consultant Services, were opened. Eight proposals were received; 333 companies were notified
and 21 RFP documents were distributed.
On November 30, 2009, the selection committee evaluated and ranked the proposals that were
received. The committee members' scores and ranking for each firm is provided in Attachment B.
The purpose of this RFP is for a firm to assist in debris collection during disaster recovery. St.
Lucie County seeks to establish contractual arrangements, with at least one (1) primary and up to
three (3) additional qualified firms, to provide management services and technical assistance in
regard to the monitoring of disaster debris collection on an as -needed basis.
Hurricanes, tornadoes, and other natural and manmade events frequently produce substantial
volumes of debris, creating hazardous conditions that impact public health, welfare and safety by
obstructing roads, by creating obstacles to safe passage of emergency and essential pedestrian
and vehicular traffic, and by notably increasing potential exposure to fire and hazardous materials.
To mitigate the hazardous conditions, it is mandatory that there be an early, safe and rapid
response to restoring safe and economically viable conditions by the removal of the debris in a
prompt and environmentally protective manner.
St. Lucie County Solid will assign a Debris Manager to the debris collection/management project
and will establish and staff a Debris Management Center at the St. Lucie County Baling and
Recycling Facility. The Debris Management Center will provide a site for overall coordination of
the project with the proposer(s) and local, state, and federal agencies. Authorized local, state, and
federal agencies will also provide staff to the Debris Management Center to assure a proper level
of coordination. The Debris Management Center will be the primary point of contact for the
proposer(s).
41
The response of the selected monitoring proposer(s) to the disaster recovery process must be
immediate, rapid and efficient with acceptable cost controls, accountability procedures, written
reports and submittals to assure that the County shall have the means to be reimbursed for all
eligible disaster recovery costs from appropriate federal, state, and private agencies. Response
will typically be activated only in the event of an emergency and in accordance with an awarded
contract.
Recommendation:
Board approval to award RFP No. 97-071, Disaster Debris Monitoring Management and
Consultant Services, to Neel -Schaffer, Incorporated of Vero Beach as the primary consultant and
Beck Disaster Recovery, Inc. and Solid Resources, Inc. as the secondary consultants and
authorization for the Chairman to sign documents as approved by the County Attorney.
ATTACHMENT A
BOARD OF
COUNTY
COMMISSIONERS
TABULATION SHEET — RFP# 09-071
PURCHASING
DEPARTMENT
DIASTER DEBRIS MONITORING MANAGEMENT R CONSULTANT SERVICES
OPENED: OCTOBER 07, 2009 AT 2:00 PM
EIGHT (8) 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.
AMERICA 1 . DEBRIS RECOVERY MONITORING SERVICES INC.
Contact:
Felicita Lugo Phone: 305-857-9705
Fax: 305-857-9873
Address:
801 SW 8 St., Ste 208, Miami, FL 33130
BDR/ BECK DISASTER RECOVERY INC.
Contact:
Jonathan Bur iel I Phone: 321-441-8500
Fax: 321-441-8501
Address:
2301 Lucien Way, Suite 120, Maitland, FL
CAPTEC ENGINEERING INC.
Contact:
Joseph W. Capra Phone: 772-692-4344
Fax: 772-692-4341
Address:
301 NW Fla ler Ave., Stuart, FL 34994
CDM
Contact:
Eric J. Grotke Phone: 772-231-4301
Fax: 772-231-4332
Address:
1701 Highway A-1-A, Suite 301, Vero Beach, FL 32963
CHAMlCO
INC.
Contact:
Chad A. Mizell Phone: 985-732-1738
Fax: 985-732-0438
Address:
59448 Hwy., 10 West, Bo alusa, LA 70427
FASTRACK MANAGEMENT 8t CONSULTING INC.
Contact:
Sasha Buban'a Phone: 561-304-7881
Fax: 561-304-7802
Address:
2540 Metrocentre Blvd., Suite 4, West Palm Beach, FL 33407
NEEL- SCHAFFER INC.
Contact:
K. Nelson Lucius Phone: 772-770-4707
Fax: 772-770-4640
Address:
1201 19 Place, Suite A-100, Vero Beach, FL 32960
SOLID RESOURCES INC.
Contact:
Gary J. Stankovich Phone: 407-702-1172
Fax: 407-702-1764
Address:
555 Winderley Place, Suite 220, Maitland, FL 32751
NUMBER OF COMPANIES NOTIFIED*: 333
NUMBER OF BID DOCUMENTS DISTRIBUTED*: 21
NUMBER OF BIDS RECEIVED: 8
* - 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 — TDO (772) 462-1428
Website: www.co.st-fucie.fl.us
ATTACHMENT
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ITEM NO. VI-H1
DATE: 1 /12/10
COUNTY
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
BOARD OF COUNTY COMMISSIONERS
Community Services
Equipment Request
See attached memorandum.
CONSENT (X )
PRESENTED BY:,
Stefanie Myers
Assistant Director
001-1931-564000-15019 Community Services Renovations
N/A
COMMISSION ACTION:
( APPROVED ( )
( ) OTHER
Approved 5-0
County Attorney ( )
Board approval of Equipment Requests No.10-017 and No.10-018, Budget
Amendment No.10-008 and authorization for the Chairman to sign
documents as approved by the County Attorney.
CONCURRENCE:
DENIED
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director
-1, �,,,o� r, Budget Analyst
Daniel S. McIntyre
Originating Dept.
Beth Ryder
Marie Gouin
Sophia Holt
Missy Stiadle
To: Agenda
Subject: FW: Voicemail quote modification
Attachments: Remote Voice mail for Community Svcs CCIS quote 110109 (2).pdf
Attached please find a new quote for Agenda Item No. VI-H1 on the 1/12/10 BOCC Agenda.
This will replace the quote in the packet. Please see email below from Stefanie Myers.
Thank you
From: Stefanie Myers
Sent: Monday, January 11, 2010 2:47 PM
To: Missy Stiadle
Subject: Voicemail quote modification
NEC, the distributor of the voicemail equipment, just notified me that the initial quote we received is
no longer valid as the key part has been discontinued. They have provided a new quote at
approximately $9,700. This is an increase of $3,200 over the initial estimate. The budget still has
sufficient funds available to cover the cost, but I wanted to make sure the Commissioners were made
aware of the change before the meeting tomorrow.
Thank you so much for your help!
stefo wie Mlders, Assistant Director
St. Lucie County Community Services
437 N 7th Street
Fort Pierce, FL 34950
772-462-1777
772-462-2094
myerss(@stlucieco.org
Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records
available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and
or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error,
please notify the sender by reply e-mail and delete all materials from all computers.
IVEC Empowe ea by Innovation
Price Quote
St Lucie County / Community Svs
November Z 2009
UPGRADE IPS
Quantity
Price
TOTAL
Equipment:
150609 CCIS Link (1)
150618 IPT Card (1)
150629 LT 64 Port
151008 Power Cable
151013 48-TW-0.7 CONN CA
151254 PZ-241PLA
151492 PZ-M606-A
153018 IPS UNIV PIMMJ (UA)
153154 SPN-81PLA IP-PAD-C
153330 24PRTA (FD)
153348 64 Port Sys Software 3900 R14
153441 NEAX 2000 IPS Software CD
CAB-00000018 180 deg Switch Tails
1
1
1
1
1''
1',
1
1
1
1
1
1
41
$78.80
$78.80
$236.39
$31.42
$94.25
$2,882.28
$1,338.63
$674.81
$1,259.84
$78.80
$236.41
$2.00
$23.63
$78.80
$78.80
$236.39
$31.42
$94.25
$2,882.28
$1,338.63
$674.81
$1,259.84
$78.80
$236.41
$2.00
$94.50
Services: Upgrade software, install cards, test IPCCIS
i
Does not include LCR or revising number plan conflicts
i
i
Equipment
$7,086.94
Services
$2,564.95
1 $9,651.89
TOTAL
NEC Corporation of America
Proprietary and Confidential
Not to be Copied or Reproduced
Community Services
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Beth Ryder, Director'�--
FROM: Stefanie Myers, Assistant Director
DATE: January 12, 2010
SUBJECT: Equipment Request
ITEM NO. VI-H1
Background:
Finding and accessing usable meeting space has often been a challenge for the community. In
response to this need, two conference rooms have been created in Community Services for
meetings and educational opportunities. The addition of Smartboards to these areas will make the
rooms fully functional. This equipment will allow for professional presentations and easy access to
educational tools for workshops, meetings and trainings. The equipment cost will be $9,200.
Due to the increase in call volumes, walk-in traffic and staff workloads, the addition of voicemail to
the Community Services office is requested. Voicemail will allow one receptionist to handle the
calls without having to take messages directly or place callers on hold for extended periods of time,
allowing for faster service and higher client satisfaction. It will also allow the messages to be
retained for public record via email. The equipment cost for the voicemail system will be
approximately $6,500.
Funds have been allocated for these purchases as a part of the Community Services renovation
project. Quotes and Equipment Requests 10-017 and 10-018 are attached, as well as Budget
Amendment BA10-008.
Recommendation
Board approval of Equipment Requests No.10-017 and No.10-018, Budget Amendment No.10-008
and authorization for the Chairman to sign documents as approved by the County Attorney.
Attachments: Equipment Request EQ 10-017, 018
IT Quotes—123078, 123080, 0161107, 153188
Budget Amendment BA10-008
BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: Community Services
PREPARED DATE: 12/28/2009
AGENDA DATE: 1i1212Mn
TO: 001-1931-564000-15019
FROM: 001-1931-546200-1
uipment
ce Improvement
REASON FOR BUDGET AMENDMENT: To purchase two Smart boards ($9,500) and a
system ($6,700).
CONTINGENCY BALANCE:
THIS AMENDMENT:
REMAINING BALANCE:
DEPARTMENT APPROVAL:
OMB APPROVAL:
BUDGET AMENDMENT #:
DOCUMENT # & INPUT BY:
n/a
n/a
BA10-008
$1
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;r. BOARD OF COUNTY
,arcs" COMMISSIONERS ST. LUCIE COUNTY
PIERCE,
Inlormfoon Technology ,��,, FOOT IA AVENUE IT Quote
FORT PPIERCE, FL. 34982
Phone: (772) 462-1681
Fax: (772) 462-1443
NAME/DEPARTMENT
Stefanie Marks Myers
Community Services
772-462-1176
Date Quote I Work Order #
12/14/2009 123080
VENDOR INFORMATION
Dell Computer Corporation
Shannon Graham
One Dellway RR2E, Box 4
Round Rock, TX 78682
Phone: 800-981-3355
Fax:800-433-9527
Product Description Part No. 9,uantltyPrice Extended
Dell 0 tiPlex 760 small form Smartboard 2 1,060.56 2,121.12
WO —TES:
Sub Total $2,121.12
Shipping Price $0.00
Price Adjustment $0.00
The goods and/or services as quoted hereon have been requested in the quanity Total ;2,121.12
r
and quality stated. Quotes are valid for 30 days unless othewlse stated.
QUOTE VALID UNTIL
01/14/2010
IF THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE PURCHASING PROCESS
Administrative use only
Appoved: ❑
Denied: ❑ Authorized Signature Date
Please sign both copies
Infalmovon Tichnoloay
Phone: (772) 462-1681
Fax: (772) 462-1443
BOARD OF COUNTY
COMMISSIONERS ST. LUCIE COUNTY
2300 VIRGINIA AVENUE
FORT PIERCE, FL. 34982
i:oc-lived by Date
12/14/2009
Si. Lucie County
Community SoMcw
IT Quote
Quote I Work Order 0
123078
NAME / DEPARTMENT VENDOR INFORMATION
Stefanie Marks Myers CCS Presentation System
Community Services Steve Rock
772-462-1176 8785 Perimeter Park Blvd.
Jacksonville, FL 32216
Phone: 407.968.3492
Fax:407.892.5786
Product Description Part No. QuantltV Price Extended
SmartBoard 680I with UF55 Projector 2 3,530.00 7,060.00
TE :
Sub Total $7,060.00
Shipping PriCe $49.00
Price Adjustment $0.00
The goods and/or services as quoted hereon have been requested In the quanity Total7,109.00
and quality stated. Quotes are valid for 30 days unless othewise stated.
QUOTE I
01/14/2010
;F THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE PURCHASING PROCESS
Administrative use only
Appoved: ❑
Denied: ❑ Authorized Signature Date
Please sign both copies
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
EQUIPMENT REQUEST FOR FISCAL YEAR 2009-2010
DEPARTMENT: COMMUNITY SERVI CES RECOMMENDED:IX IYES INO I IREVISED
DIVISION: APPROVED: I YES NO I REVISED
EQUIPMENT: VOICEMAIL EQUIPMENT FOR COMMUNITY SERVICES ADDITIONAL COSTSI
BUDGET AMOUNT: $6,500 X NEW I REPLACEMENT YES NO :J�
There have been dramatic increases in call volumes, walk-in traffic and staff
workloads, resulting in a need for at least two reception staff. The addition of
voicemail to the Community Services office will allow one receptionist to handle the
calls without having to take messages directly or place callers on hold for extended
periods of time. It will also allow the messages to be retained for public record via
email. Installation of the system will result in improved customer satisfaction, more
efficient use of staff time, and more effective provision of services.
1 1
Wari1ju1
NT#: 001-1931-564000-15019
Board q�men eques x s
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
EQUIPMENT REQUEST FOR FISCAL YEAR 2009-2010
In order to create fully functional meeting and training space, two Smartboards with
small form optiplex controllers are requested. Community Services has two new
conference rooms that need to be set up for presentations and educational
audiovisual equipment. The conference spaces will be used for community
meetings, classroom space for residents and county staff trainings, including
homebuyer workshops; volunteer trainings, outside presentations; non-profit board
meetings, etc. The space can also be used for webinars and web conferencing that
will facilitate trainings without the need for travel.
10-017 JACCOUNT#: 001-1931-564000-15019
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Corine C. Williams
SUBMITTED BY: Community Services/Transit Division Transit Manager
SUBJECT: Single County Designation
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: September 8, 2009 — Accepted Federal Transit Administration (FTA) 5316 Job
Access Reverse Commute (JARC) and FTA 5317 New Freedom (NF) grants;
approved Resolutions 09-265 and 09-266, and approved sub agreements with
ARC of St. Lucie County and Council on Aging of St. Lucie Inc.
RECOMMENDATION: Board approval of Resolution 10-013 which establish St. Lucie County as the
single County designee for transit grant programs for the Port St Lucie Urbanized
Area (PSL UZA); and authorization for the Chairman to sign documents as
approved by the County Attorney.
COMMISSION ACTION:
bQ APPROVED ( )
( ) OTHER
Approved 5-0
DENIED
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director ( )
Daniel S. McIntyre Budget Analyst
Originating Dept. ( )
Beth Ryder
TPO Director ( )
A4 juv 4
Marie Gouiri
Sophia Holt
lk e_r�
Peter Buchwald
Ot.
TYY
I-D A -
TO: Board of County Commissioners
Community Services
MEMORANDUM
THROUGH: Beth Ryder, Directory
l
FROM: Corine C. Williams, Transit Manager
DATE: January 12, 2010 !�
SUBJECT: Single County Designation
ITEM NO. VI-1-12
Background:
On March 6, 2009, the Board of County Commissioners (BOCC) approved submission of a letter to
Florida Department of Transportation (FDOT) for St. Lucie County (SLC) to become dually designated
recipients with Martin County for the Federal Transit Administration (FTA) Job Access Reverse Commute
(JARC) and New Freedom (NF) grants. This separate designation allows individual management of the
grants within each jurisdiction and each County would be awarded funds (St. Lucie, $505,223; Martin,
$303,653).
FDOT approved the request and both counties were awarded grant funds as separate designated
recipients. In the approval letter, FDOT stated that by October 2009 Martin County and SLC should
select one entity as the lead, per the long term plan for creation of a Regional Transit Authority (RTA) for
the Port St. Lucie Urbanized Area (PSL UZA).
Each County has expressed interest in taking the lead role. On December 4, 2009, FDOT suggested
that the counties meet following the Transit Summit on January 8, 2010 to select the lead entity
(Attachment 1). The focus of the Transit Summit is to discuss strategies and actions for implementing
regional transit governance. The summit will include elected officials, agency representatives,
community leaders, and citizens throughout the Treasure Coast region.
On December 17, 2009, St. Lucie Transportation Planning Organization Board unanimously approved
identifying SLC as the single designated recipient for grants for the PSL UZA, including JARC/NF funds.
As required by FDOT, Resolution 10-013 affirms the BOCC's approval to assume the role of the single
designee for transit grants for the PSL UZA. On Dec 21, 2009, Martin County Metropolitan Planning
Organization Board approved Martin County as the single County designee for the JARC/NF grants
(Attachment 2).
St. Lucie County has extensive experience with fixed routes (since 2002) and demand response
services (since 1990). St. Lucie County has documented success as the lead entity with multiple federal
and state grants. SLC has the capacity and experience needed to make this program a success.
Recommendation:
Board approval of Resolution 10-013 which establish St. Lucie County as the single County designee for
transit grant programs for the Port St Lucie Urbanized Area (PSL UZA); and authorization for the
Chairman to sign documents as approved by the County Attorney.
Attachment: Resolution
FDOT letter
Martin County MPO letter
RESOLUTION NO. 10-013
A RESOLUTION REQUESTING THE FLORIDA
DEPARTMENT OF TRANSPORTATION DESIGNATE
ST. LUCIE COUNTY AS THE SINGLE DESIGNATED
RECIPIENT FOR PORT ST. LUCIE URBANIZED AREA
TRANSIT GRANT PROGRAMS
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida,
has made the following determinations:
1. St. Lucie County and Martin County are currently Dual Designated
Recipients for the Federal Transit Administration Jab Access Reverse Commute
(JARC) and New Freedom transit grant programs.
2. The Florida Department of Transportation District Four Secretary has
requested that a Single Designated Recipient be identified for the Port St. Lucie
Urbanized Area transit grant programs.
3. On December 17, 2009, the St. Lucie Transportation Planning
Organization unanimously approved a motion stating its support for designation of
St. Lucie County as the Single Designated Recipient for Port St. Lucie Urbanized
Area transit grant programs.
4. The County has a history of successful administration of state and
federal grant programs, including but not limited to transit grants, on behalf of
other governmental entities.
5. The County is willing and able to assume the role of the Single
Designated Recipient for Port St. Lucie Urbanized Area transit grant programs in
order to facilitate a more efficient and cooperative administration of these
programs for the residents of the Port St. Lucie Urbanized Area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of St. Lucie County, Florida:
1. Subject to the concurrence of the Board of County Commissioners of
Martin County, Florida, this Board does hereby request that the Florida
Department of Transportation approve St. Lucie County as the Port St. Lucie
Urbanized Area Single Designated Recipient for all transit grant programs.
PASSED AND DULY ADOPTED this XX day of January, 2010.
ATTEST:
Deputy Clerk
s: \atty\resoltn\2010\10-013. doc
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
a
ITEM NO. VI-1113
i-COUN
1 ,
TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
AGENDA REQUEST
DATE: 1 /12/10
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT X )
BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Corine C. William
Community Services/Transit Division Transit Manager c
Federal Transit Administration (FTA) 5311 Operations Grant
See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends the Board adopt Resolution No. 10-023 authorizing submission
of an application to Florida Department of Transportation (FDOT) for the FTA 5311
Non -Urbanized Area Formula Program and authorization for the Chairman to sign
documents as approved by the County Attorney.
COMMISSION ACTION:
dQ APPROVED
( ) OTHER
Approved 5-0
CONCURRENCE:
( ) DENIED G�
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ,,- 03r1 OMB Director
Daniel S. McIntyre Budget Analyst
Originating Dept. ( )
Beth Ryder
O
Marie Gouin
Sophia Holt
TO: Board of County Commissioners
THROUGH: Beth Ryder, Director6� � _
FROM:
DATE:
SUBJECT:
ITEM NO.
Background
Corine C. Williams, Transit Manager
January 12, 2010
Community Services
MEMORANDUM
Federal Transit Administration (FTA) 5311 Operations Grant
VI-H3
The Section 5311 Non -Urbanized Area Formula Program provides Federal operating or capital
assistance to eligible recipients who operate/contract public transportation service for non -
urbanized rural and small urban areas. This grant provides an annual allocation for operating
expenses and is for five years.
The Federal goals, as indicated in the application, are:
• To enhance the access of people in non -urbanized (rural) areas to health care, shopping,
education, employment, public services and recreation;
• To assist in the maintenance, development, improvement and use of public transportation
systems in rural and small urban areas; and
• To encourage and facilitate the most efficient use of all Federal funds used to provide
passenger transportation in non -urbanized areas.
Historically, the 5311 grant has been directly awarded by Florida Department of Transportation
(FDOT) to the Council on Aging of St. Lucie Inc. as the transportation provider for operation of the
demand response services. This grant allows for a total operating assistance in the amount of
$120,608 and 50% match of this grant will be funded from various transit grant sources. The most
current 5311 grant recently expired and moving forward, FDOT plans to award all transit grants to
local governments. By contract, the local transit provider is the subrecipient of transit funds.
An annual 5311 allocation would offset operational expenses for the public transportation services
in non -urbanized areas. A copy of proposed Resolution No. 10-023 authorizing submission of the
application is attached to this memorandum.
Recommendation
Staff recommends the Board adopt Resolution No. 10-023 authorizing submission of an application
to Florida Department of Transportation (FDOT) for the FTA 5311 Non -Urbanized Area Formula
Program and authorization for the Chairman to sign documents as approved by the County
Attorney.
Attachment: Application
i
Attachment 1
"'61M
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
The Honorable Paula A. Lewis
St. Lucie BOCC Chair
2300 Virginia Avenue
Fort Pierce, FL 34982
Ms. Ann Perrotta
Director
Martin MPO
2401 SE Monterey Road
Stuart, FL 34996
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309-3421
December 4, 2009
The Honorable Susan L. Vallier+e
Martin BOCC Chair
2401 SE Monterey Road
Stuart, FL 34996
Mr. Peter Buchwald
Director
St. Lucie TPO
2300 Virginia Avenue
Fort Pierce, Florida 34950
Dear Commissioners Lewis and Valliere, Ms. Permtta and Mr. Buchwald:
STEPHANIE C. KOPELOUSOS
SECRETARY
SUBJECT: Single Designated Recipient for Job Access Reverse Commute (JARC) and New
Freedom Programs
The Department previously agreed to both Martin and St. Lucie Counties being designated recipients of the
JARC and New Freedom Programs to prevent the loss of unobligated Federal funding in fiscal year 2007. This
designation was done on the condition that the Counties and the MPO/TPOs cooperatively develop a single
comprehensive process for soliciting, rating, ranking and selecting projects for JARC and New Freedom funds
by October 2009. This will allow for a single designated recipient for these programs. While discussions have
taken place, this effort has not been completed.
It is my understanding that this topic along with other regional transit issues will be discussed at the Transit
Summit on January 8, 2010. To allow this further discussion, we will allow until January 151°, to hear from the
Counties and the MPO/TPOs regarding a single grant process and designated recipient. After January 151°, we
will recommend to our Central Office a single designated recipient for these Federal Transit Programs for the Port
St. Lucie Urbanized Area.
Please contact Mr. Larry Merritt, Plans and Programs Manager, at (954) 777-4693, if you have questions.
JW/td
cc: Beth Ryder, St. Lucie County
Donald Donaldson, Martin County
Myra Immings, FTA
Marion Hart, FDOT
Ed Coven, FDOT
Gerry O'Reilly, FDOT
Sincerely,
Jn
ames A. W Ife, P.E.
istrict Sec tary
istrict Four
www.dot.state.R.us
Attachment 2.
•
M A R T I N
MPO
METROPOLITAN PLANNING ORGANIZATION
2401 S.E. Monterey Rd.
Stuart, Florida 349%
http:/twww.martinmpo.com
ST. LUCIE TPO
MICHAELMORTELL December 23, 2009 RECEIVED
Chairman
Mayor For
The City of Swart
DOUG SMrrH James Wolfe, District Secretary
visa Florida Department of Transportation, District 4
Martin County commissioner 3400 West Commercial Boulevard
ED CIAMPI Fort Lauderdale, FL 33309
Mania County Commisskm
PATRICK KAYES Dear Secretary Wolfe:
Martin County Commissioner
RE: Single Designated Recipient for Job Access Reverse Commute
SARAH HEARD (JARC) and New Freedom (NF) Programs
Martin County Commissioner
MARy L. gUTpN This is in response to your letter dated December 4, 2009, requesting a
Commssioner For response by January 15, 2010.
The City Of Stuart
DON OSTEEN Please be advised that the Martin MPO staff worked with the St. Lucie TPO
commission For and County transit staff and developed a single comprehensive process for
The Town Of SewaU's Point soliciting, rating, ranking and selecting projects for JARC and NF funds.
These tools are in place and Martin has used them. Transit staff from St. Lucie
and from FDOT participated in the process we undertook before awarding
these funds to providers in Martin County. St. Lucie conducted its process
MEWS without our involvement though we were prepared to participate.
The Martin MPO Policy Board discussed your request at its meeting on
December 21, 2009 as agenda item 1 OD. Members of your staff were present.
After discussion of the item, listening to a full presentation of the new fixed
routes we were able to create in Martin County with these funds, and
understanding that the administrative tools and competitive process had been
developed and used by Martin, the Martin MPO Policy Board approved the
following which is a slight revision to one of the alternative recommendations
drafted for Board consideration in the Agenda item summary:
"Motion to approve Martin County becoming the single designated recipient
of FTA JARC and New Freedom grant funds in the future provided tkat
Martin never receive any less than 39% of funding available and St. Lucie
TELEPHONE: never receive any less than 62% offunding available and that the single
(772) 221-1498 designation become effective only after the following funding distribution
FAX:
(772) 288-5955 Page 1 of 2
tools are developed, adopted by both the M/TPO Policy Boards which
oversee the planning of the expenditure of transit funds, and are established
in an executed agreement between the St. Lucie and Martin County Boards
of County Commissioners. Those funding di *ibudon tools are, at a
minimum, to include.
a. Joint JARC and New Freedom application manual
b. A single competitive grant solicitation and selection process
(including a Joint Program management Plan that meets
FTA requirements) that requires agreement of both agencies
prior to awards being made -portions of the process are
recommended to include:
L Advertised Grant Workshops held in both Martin &
St. Lucie Counties;
Z. Evaluation Committee consist of an equal number
of participants from each County;
3. Project Awards are advertised"
The Martin MPO is prepared to proceed with implementation of the above direction and
will do so upon receipt of notice from you that Martin has been designated as the Single
Recipient for future JARC and NF grant funds.
Please feel free to contact me with any questions in this regard at 772-286-7861.
Sincerely,
Ia o 11, Ahaan
Martin MPO
cc: Darryl Drummond, Chairman, St. Lucie TPO
Susan Valliere, Chair, Martin County BOCC
Paula Lewis, Chair, St. Lucie County BOCC
Myra Immings, FTA
Marion Hart, FDOT Central Office
Ed Coven, FDOT Central Office
Gerry O'Reilly, FDOT District 4
Larry Merritt, FDOT District 4
Beth Ryder, St. Lucie County /
Peter Buchwald, St. Lucie TPO
Lisa Sanders, Martin MPO
Beth Beltran, Martin MPO
Page 2 of 2
RESOLUTION NO. 10-023
A RESOLUTION AUTHORIZING SUBMISSION OF
SECTION 5311 GRANT APPLICATION AND SUPPORTING
DOCUMENTS AND ASSURANCES TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION; ACCEPTING THE
GRANT AWARD IF APPROVED; AND AUTHORIZING
PURCHASE OF VEHICLES AND/OR EQUIPMENT AND/OR
EXPENDITURE OF GRANT FUNDS PURSUANT TO THE
GRANT AWARD
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, is
authorized to apply for and accept grants and make purchases and expend funds
pursuant to grant award from the Florida Department of Transportation as authorized by
Chapter 341, Florida Statutes, and the Federal Transit Administration Act of 1964, as
amended.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of St. Lucie County, Florida:
1. This resolution applies to a Federal Program under U.S.C. Section 5311.
2. The submission of a Section 5311 grant application, supporting documents
and assurances to the Florida Department of Transportation is approved.
3. This Board authorizes the Chairman and/or the County Administrator, as
appropriate under County purchasing policies and procedures, to execute all necessary
documents related to this matter subject to the review and approval of the County
Attorney as to legal form and correctness.
4. This resolution shall take effect on the date of adoption.
PASSED AND DULY ADOPTED this day of January, 2010.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
s Aattylresoltn12010110-023.doc
2010
U.S.C. Section 5311
NONURBANIZED AREA FORMULA PROGRAM
OPERATING and CAPITAL
ASSISTANCE
APPLICATION MANUAL
FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSIT OFFICE
APPLICATION FOR
FEDERAL ASSISTANCE 2. DATE SUBMITTED
I. TYPE OF SUBMISSION: January 5, 2010
3. DATE RECEIVED BY STATE
Application Pre -application
0 Construction 6 Construction 4• DATE RECEIVED BY FEDER
St. Lucie County Board of County Commissioners
1 Virginia Avenue
Pierce
Name
Version 7/03�
State
1 Lerepnone number of person to be contacted on
this application (give area code)
First Name:
— — J(sp
e Number (give area code)
62-1777
8. TYPE OF APPLICATION: PE OF APPLICANT: (See bs
f Revision, enter appropriate letter(s) in box es) Continuation If RevisiCounty
un
See back of form for description of letters.) ecify)
Other (specify)
ME OF FEDERAL AGENCY:al Transit Administration10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER:SCRIPTIVE TITLE OFAPPL
�❑0 _��S.C. Section 5311 Operations
TITLE (Name of Program):
Non -Urbanized Area Formula Program
12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.):
St. Lucie County Non -urbanized areas
13. PROPOSED PROJECT
Start Date: Ending Date:
07/01 /10 06/30/11
15. ESTIMATED FUNDING:
a. Federal $
b. Applicant 60,304
c. State
d. Local
e. Other 60,304
f. Program Income $
g. TOTAL
Fax Number (give area code)
772-462-1703
of form for Aoolication Tvna
a. Applicant �TOREVLEWBY
16/23
16. IS APPLICATION SUBJECT �STAATEEXECUTIV
ORDER 12372 PROCESS?
a. Yes. fp THIS PREAPPLICATION/APPLICATION WAS MADE
AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
PROCESS FOR REVIEW ON
DATE:
b. No. PROGRAM IS NOT COVERED BY E. O. 12372
OR PROGRAM HAS NOT BEEN SELECTED BY STATE
f 120 608 ' I Q Yes If "Yes" attach an explanation WJ No
BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE
HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
kSSURANCES IF THE ASSISTANCE IS AWARDED.
Grande
b. Title
Chairman, St Lucie County Board of County Commissioners
J. Signature of Authorized Representative
Previous Edition Usable
Authorized for Local Reoroduction
(give area code)
Standard Form 424 (Rev.9-2003)
Prescribed by OMB Circular A-102
Beth Rvder
From: Meli, Jaclyn [Jaclyn.Meli@dot. state. fl.us]
Sent: Wednesday, December 30, 2009 11:26 AM
To: Corine Williams; Marianne Arbore (marbore@coasl.com); Marsha Whitehouse
Cc: Beth Ryder; Marceia Lathou
Subject: Block Grant/ 5311 JPA
Importance: High
Corine:
This email is to clarify that the 5311 and Block Grants will no longer be issued to the Council on Aging, St. Lucie County.
These programs are to be administered to a government agency only. They are based on population data, performance
measures, and federal allocations and the amounts vary from year to year. Please note that we are no longer issuing a
pre -qualified or multi -year agreement, you will receive a standard JPA with a 5 year expiration date. Each year that
federal allocations are published, we will issue each contract a supplemental JPA for that funding. Both the 5311 and
Block grant JPAs have expired and reached their 5 year life. Any remaining funds on these contracts need to be invoiced
as soon as possible
This means that the County will be responsible for adhering to the policies and procedure set forth by the grant
programs. All 5311 applications must come from the county. The Block grant requirements must also (TDP, publication
of performance measures, ect.) must be supplied and coordinated with by county to state. Please remember that all
invoices must come from the County as well.
If you have any other questions or concerns, please contact me directly.
Jaclyn N. Meli, LEED AP
Transit Grants Coordinator
Florida Department of Transportation
District Four- Office of Modal Development
3400 W. Commercial Blvd.
Fort Lauderdale, FL 33309
0: (954) 777-4491
F: (954) 677-7892
4aclyn.meli Ca)dot.state.fl.us
"Partnering to achieve a world -class transportation system"- OMD Vision
COUNT,
f
1
O
R
l D =�A
AGENDA REQUEST
ITEM NO. VI-H4
DATE: 1/12/10
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY•
Jessica Parrish
SUBMITTED BY: Community Services/Housing Division Housing Ma ger
SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI)
Housing Replacement Bids
BACKGROUND: 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 reject and re -bid CDBG DRI Housing Replacement Bids Three
and Four.
COMMISSION ACTION:
} APPROVED ( ) DENIED
( ) OTHER
Approved 5-0
CONCURRENCE:
1 -
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director
s►Y Budget Analyst
Dan I S. McIntyre
i�
Originating Dept. ( ) �-
Beth Ryder
Marie Gouin
Sophia Holt
Community Services
7,14 , tell ZT-11KPX11`,
TO: Board of County Commissioners
THROUGH: Beth Ryder, Directoei( `—
FROM: Jessica Parrish, Housing Manager
DATE: January 12, 2010
SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI)
Housing Replacement Bids
ITEM NO. VI—H4
Backaround:
The CDBG DRI 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 disaster recovery through the CDBG program as a result of Hurricane Wilma.
An Invitation to Bid (ITB) was advertised on September 27, 2009 for five housing projects. At the
bid opening on December 1, 2009, a total of 20 contractors submitted bids on ITB Three and 19
contractors submitted on ITB Four. One contractor submitted multiple (26) bids for each of the
two houses and was deemed non -responsive. As a result of that determination, the contractor
protested the bid outcomes. Staff is recommending rejecting all the bids and re -advertising the
two projects. The bid documents will clearly state that a contractor may only submit one bid price
per house. This inclusion will eliminate future confusion and if more than one bid price per house
per contractor is submitted than that contractor will be considered non -responsive.
Recommendation
Board approval to reject and re -bid CDBG DRI Housing Replacement Bids Three and Four.
ITEM NO. VI-H5
-- DATE: 1/12/10
-- AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASWD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Jessica Parris
SUBMITTED BY: Community Services/Housing Division Housing Ma age
SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI)
Modification
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001113-6420-331510-600 2005 CDBG DRI
PREVIOUS ACTION: September 11, 2007 —Approved grant application submission.
February 26, 2008 — Approved grant agreement.
September 2, 2008 — Approved Modification Number One.
June 9, 2009 —Approved Modification Number Two.
July 14, 2009 — Approved Modification Number Three.
RECOMMENDATION: Board approval of Modification Four to the CDBG DRI grant, and authorization for
the Chairman to sign necessary documents as approved by the County Attorney.
COMMISSION ACTION:
CONCURRENCE:
bQ APPROVED ( ) DENIED
( ) OTHER
Approved 5-0 Faye W. Outlaw, MPA
Pp County Administrator
Coordination/Signatures
County Attorney ( ) OMB Director ( ) l V II
rtsk5 Budget Analyst + y�
Daniel S. McIntyre Marie ouin "
Sophia Holt
Originating Dept. ( )
Beth Ryder
,r
Community Services
MEMORANDUM
TO: Board of County Commissioners
"? 9THROUGH: Beth Ryder, Director6
FROM: Jessica Parrish, Housing Maria
DATE: January 12, 2010
SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DR[)
Modification
ITEM NO. VI-H5
Background:
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 affected by a natural disaster. Congress appropriates additional funding for the CDBG
program as Disaster Recovery grants to rebuild affected areas and provide money to start the
recovery process. These funds were allocated in response to Hurricane Wilma.
Modification Number Four will extend the contract agreement with the Department of Community
Affairs (DCA) completion date to May 14, 2011. Attached is the modification document provided by
the DCA. The second shaded bullet will be revised.
Recommendation
Board approval of Modification Four to the CDBG DRI grant, and authorization for the Chairman to
sign necessary documents as approved by the County Attorney.
Attachment: Modification Four
MODIFICATION NUMBER 4 TO GRANT AGREEMENT BETWEEN
THE DEPARTMENT OF COMMUNITY AFFAIRS AND
ST. LUCIE COUNTY
This Modification is made and entered into by and between the State of Florida,
Department of Community Affairs, (the Department"), and St. Lucie Co
(the Recipient"), to modify DCA Contract Number 08DB-D3-10-66-01-A05, award
dated May 14, 2008 , ("the Agreement").
WHEREAS, the Department and the Recipient entered into the Agreement,
pursuant to which the Department provided a grant of $ 4,501,561.79 to Recipient
under the Small Cities Community Development Block Grant ("CDBG") Program as set
forth in the Agreement;
WHEREAS, the Department and the Recipient desire to modify the Agreement;
NOW, THEREFORE, in consideration of the mutual promises of the parties
contained herein, the parties agree as follows:
o Reinstate Agreement
1. The Agreement is hereby reinstated as though it had not expired.
• Extend Agreement
2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date
of May 14, 2011.
o Revise Activity Work Plan
3. The Attachment B, Activity Work Plan section of the Agreement is hereby
deleted and is replaced by the revised Attachment B, Activity Work Plan
section, which is attached hereto and incorporated herein by reference.
o Revise Program Budget and Scope of Work
4. The Attachment A, Program Budget and Scope of Work section of the
Agreement is hereby deleted and is replaced by the revised Attachment A, the
Program Budget and Scope of Work, which is attached hereto and
incorporated herein by reference.
Modification # 4
DCA Contract Number: 08DB-D3-10-6641-A05
Recipient: St. Lucie County
Page 2
o Change in Participating Parties
5. The Attachment G, Special Conditions section, is hereby modified to delete
all references to " ," as the Participating
Party, and replace them with " " as the
Participating Parry with the understanding that the Recipient and the new
Participating Party will enter into a Participating Party Agreement containing
provisions and caveats that meet or exceed the conditions agreed to in the
Participating Party Agreement between the Recipient and the original
Participating Party.
o Inclusion of an Unmet Need as Addressed in the Original Application
6. The Attachment A, Program Budget and Scope of Work section of the
Agreement is hereby deleted and is replaced by the revised Attachment A, the
Program Budget and Scope of Work, which is attached hereto and
incorporated herein by reference.
7. The Attachment B, Activity Work Plan section of the Agreement is hereby
deleted and is replaced by the revised Attachment B, Activity Work Plan
section, which is attached hereto and incorporated herein by reference.
o Change in Number of Accomplishments and/or Beneficiaries
8. The Attachment A, Program Budget and Scope of Work section of the
Agreement is hereby deleted and is replaced by the revised Attachment A, the
Program Budget and Scope of Work, which is attached hereto and
incorporated herein by reference.
All provisions of the Agreement and any attachments thereto in conflict with this
Modification shall be and are hereby changed to conform to this Modification, effective
as of the date of the execution of this Modification by both parties.
All provisions not in conflict with this Modification remain in full force and
effect, and are to be performed at the level specified in the Agreement.
Modification # 4
DCA Contract Number: 08DB-D3-10-66-01-A05
Recipient: St. Lucie County
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this document as of
the dates set herein.
Department of Community Affairs
By:
Name: Janice Browning
Title: Director, Division of Housing
and Community Development
Date:
Recipient Name: St. Lucie County
By:
Name: Charles Grande
Title: Chairman
Date:
ITEM NO. VI -I
t� Sol It
DATE: 01/12/10
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( 1
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Kara Wood
SUBMITTED BY: Growth Management Department Planning Manager
SUBJECT: Acceptance of Smart Growth Committee Recommendations.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: NIA
PREVIOUS ACTION: May 26, 2009 - Discussion at Informal Meeting.
RECOMMENDATION: Board acceptance of Smart Growth Committee Recommendations as presented in
the attached memorandum.
COMMISSION ACTION:
(� APPROVED ( ) DENIED
( ) OTHER
Approved 5-0
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Coordination/Sionatums
County Attorney ( ) h County Surveyor ( )
Da iel S. McIntyre
County Engineer ( ) ERD ( )
Michael Powley
Originating Dept. ( )
Mark Satterlee
Ron Harris
Karen Smith
Growth Management
COUNTY
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, AICP, Growth Management Directo
FROM: Kara Wood, Planning Manager
DATE: January 12, 2010
SUBJECT: Acceptance of Smart Growth Committee Recommendations.
ITEM NO. VI -I
Background:
The Smart Growth Advisory Ad Hoc Committee was established via Resolution 05-435 on
November 22, 2005 "for the purpose of advising the Board of County Commissioners on matters
relating to codes and regulations that currently preclude Smart Growth Policies." The attached
memorandum constitutes final recommendations from this Committee for acceptance.
The Committee presented draft recommendations for the Board's consideration at the May 26,
2009 Informal Meeting. Board members requested that additional consideration of implementation
strategies be considered. Since that time, the Committee has added a recommended phased
approach for implementation of smart growth strategies as presented in the timeline on the last
page of the attached memorandum. Notwithstanding this timeline provided by the Committee,
implementation will occur as feasible in conjunction with major ongoing projects such as the
Western Lands study, the EAR -based amendments and Land Development Code revisions. In a
vote of 7 to 1, the Committee approved these recommendations to be presented to the Board for
acceptance. Attached are the minutes from this meeting with comments from the dissenting
Committee member.
As also stated in the attached recommendations memorandum, per Resolution 09-241 adopting
operational procedures for advisory boards and committees, the Smart Growth Committee will
sunset after acceptance of these recommendations.
Recommendation:
Board acceptance of Smart Growth Committee Recommendations as presented in the attached
memorandum.
GROWTH MANAGEMENT DEPARTMENT
PLANNING DIVISION
MEMORANDUM
TO: Board of County Commissioners
FROM: Smart Growth Committee Members
THROUGH: Kara Wood, Planning Manager
Mark Satterlee, Growth Management Direct
DATE: January 4, 2010
SUBJECT: Smart Growth Recommendations
Per Resolution 05-435 establishing the Smart Growth Advisory Ad Hoc Committee and its charge to
make recommendations to the Board of County Commissioners (BOCC), the following
recommendations are presented for your consideration. The fundamental basis for these
recommendations comes from A Recommended Comprehensive Smart Growth Audit Checklist, an
appendix to the American Planning Association's Planning Advisory Service Report No. 512.
The Committee decided to focus primarily on achieving urban form for compact, mixed -use urban
development that leads to greater sustainability than patterns that reflect predominantly single -use
suburban development on the fringe of existing areas. Topics that have been eliminated from the Smart
Growth Audit Checklist and not condensed into other categories include Jobs -Housing Balance, Energy
Conservation, Water Quality, Air Quality, Water and Sewer, and Regionalism and Intergovernmental
Relations. The assumption was that other committees, such as Environmental Advisory, Sustainability
and Affordable Housing, were reviewing these issues with greater specificity. The Committee
understands that some of these issues have already been raised and included in the EAR; it is believed
that these more specific recommendations, where they apply to the Comprehensive Plan, can simply
be incorporated into the EAR -based amendments.
The recommendations in this document are intended to be considered as a whole, as many individual
policies advised for revision or consideration are dependent upon other aspects of smart growth being
addressed concurrently. As a point of departure, the Committee often referenced the form -based
aspects of the TVC land development regulations as a model for speck ideas offered. A number of the
recommendations on urban form could look to the TVC code as a method of implementation.
For greater ease of review, the recommendations below have been divided into three sections:
1. Executive Summary: a concise and categorized matrix of the recommendations
2. Detailed List: all policies and regulations that the Committee is recommending for revisions
3. Implementation: suggestions for ways to get from policy to reality
EXECUTIVE SUMMARY
The Executive Summary presents a more cor
modifications to regulatory documents. The
consolidates the primary issues the Committee
based on the relative regulatory document, an(
detailed recommendations.
January 4, 2010
Smart Growth Committee Recommendations
Page 2 of 7
cise format of the Committee's list of recommended
summary has been formulated into a matrix that
was interested in considering, categorizes each task
I connects each with the major topics from the more
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Comprehensive Plan
1. Require needs -based analysis for land use amendments
outside USB.
X
X
2. Strengthen land -use policies favoring infill development.
X
X
X
X
3. Confirm/ strengthen land use policies to reclaim/reuse obsolete
sites or brownfields.
X
X
4. Encourage minimum densities in appropriate areas: 8 to 15
units per acre, higher in urban centers.
X
X
X
X
5. Strengthen land use policies to ensure future development
occurs in compact form.
X
X
X
X
6. Consider some portion of land outside USB be identified as
fringe and exclusively agricultural or conservation to prevent
X
X
X
X
unlimited development of single-family tract housing
7. Create additional land use designations for mixed -use
development.
X
X
X
X
8. Confirm/create plan policies to encourage a mix of land uses at
the building, site, and neighborhood levels.
X
X
X
X
9. Address long range needs for roads, sidewalks, bicycle paths,
transit, freight movement, and water and air travel.
X
X
10. Provide for maintenance of current roads and existing
transportation systems before spending money on new ones.
X
X
11. Require interconnected local streets for new development and
updated network in ROW protection map.
X
X
12. Revise street standards to reduce excessive right-of-way and
pavement widths.
X
X
X
Land Development Code
1. Encourage infill development with expedited review process
X
X
2. Encourage minimum densities in appropriate areas
X
X
X
X
3. Revise parking regulations to ensure reduction of excessive
parking; provide maximum parking ratios, reductions for shared
parking in mixed -use projects and where transit is available,
X
X
X
X
encourage or require on -street parking in appropriate areas, and
allow porous pavements where appropriate.
4. Require a wide range of housing types to meet needs of various
demographics; permit accessory units within single-family lots,
X
and allow minimum lot sizes appropriate to urban areas.
5. Strengthen and supplement land development regulations for
zoningdistricts to allow a mix of uses.
X
X
6. Strengthen zoning ordinance to encourage/require
form/transect-based development.
X
X
X
7. Require development in all zoning districts to provide minimum
open sace ratio as appropriate to location and intensity of land
X
X
January 4, 2010
Smart Growth Committee Recommendations
Page 3 of 7
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use.
8. Require connectivity of open spaces and greenways to existing
X
X
destinations and other open sace areas.
9. Encourage accessibility to public open space to all or most
X
X
residents of the community within a certain minimum distance.
10. Create land development regulations that provide for
"conservation subdivisions" or "cluster subdivisions" as a matter
X
X
of right.
11. Require, where appropriate, development to provide new local
X
X
streets at designated intervals (e.g., every 1,500 feet).
12. Revise street standards to reduce excessive right-of-way and
X
X
pavement widths.
13. Require sidewalks/pedestrian paths within all new residential
X
and commercial development as appropriate to transect.
14. Require connection of new streets to existing streets and
stubbing of streets or driveways to allow connection to future
X
development.
15. Create land -use regulations that are "transit -friendly' or "transit
X
X
X
X
supportive".
16. Revise regulations to require various disciplines within the site
design profession (i.e. architects, landscape architects,
X
engineers, land planners) to coordinate in achieving superior
site design.
17. Consider regulations for buildings on sites with low ground
elevations to utilize elevated construction techniques rather than
X
only site fill.
Data & Analysis
1. Develop land use analysis for potential infill in acres and units
based on realistic redevelopment opportunities as well as
X
X
existing/approved vs. projected demand.
DETAILED UST
The following list is intended to outline areas of revision the Committee feels are needed in the
regulatory documents.
Direction of Growth (Inward, Not Outward)
a. Strengthen land use policies and land development regulations to favor "inward direction of
growth" (infill development) and encourage development within existing urban areas as
opposed to promoting new development on the fringe of developed areas.
b. Develop land use analysis to identify location and amount of potential infill development.
New development capacity should account for existing and approved units/acreage/square
footage versus projected demand. Potential redevelopment areas should include sites that
1) underutilize development available in Future Land Use, 2) are appropriate for greater
urban intensity, and 3) where maximum build -out would not be inconsistent with surrounding
properties.
January 4, 2010
Smart Growth Committee Recommendations
Page 4 of 7
c. Confirm and/or strengthen any land -use policies recognizing the need to reclaim and reuse
any temporarily, obsolete, abandoned or derelict sites (TOADs) and to clean up and reclaim
for future use any "brownfields".
d. Confirm and strengthen (or create if necessary) land use regulations that discourage
development within, and the filling of, floodways and floodplains. At a minimum, local
regulations should be compliant with those at the state and federal level.
e. Consider adopting land use policies and land development regulations that encourage the
establishment of minimum (not just maximum) densities to promote the efficient use of
lands.
Analyze developed residential densities and how they relate to planned densities and
densities permitted by zoning districts to assist in determining if density allowances in the
land use plan and zoning district have been underutilized.
g. Develop County -wide TDR program based on results of potential versus projected
development.
h. Establish transportation concurrency exception areas within urban service boundary where
appropriate to incentivize infill development.
i. Consider and develop location based transportation impact fees for mainland to take into
consideration greater travel distance for sprawl.
2. Density and Urban Form
a. Plan for and zone at least a portion of the residential land for densities between 8 and 15
dwelling units per acre, with even higher densities provided for in urban centers.
b. Provide incentives and otherwise strengthen the land use plan so that a sequential, phased
pattern of future development in areas contiguous to developed areas is encouraged.
c. Through the EAR implementation process regarding the western lands study, consider
whether regulations should identify much of the fringe land as exclusively agricultural (i.e., a
holding category) or with a substantial minimum lot size that discourages single-family tract
housing and preserves large sites for viable farm use. The result of the study should provide
a menu of options for the future of agricultural land.
d. Review and revise parking regulations to ensure reduction of excessive parking by providing
maximum parking ratios, provide reductions for shared parking in mixed -use projects and
where transit is available, encourage or require on -street parking in appropriate areas, and
allow porous pavements where appropriate.
e. Confirm that development regulations require a wide range of housing types to meet needs
of various demographics, that accessory units are permitted within single-family lots, and
that minimum lot sizes are appropriate to urban areas.
f. Consider strengthening the local zoning ordinance to provide for traditional neighborhood
development (TND).
g. Require that finished floor elevations higher than the established flood plain be met through
elevated construction techniques rather than only filling the surrounding site.
h. Identify areas or locations for transit hubs for planning of efficient mass transit.
1) Develop future land use designations or overlay areas to encourage greater
densities in proximity to transit hubs.
January 4, 2010
Smart Growth Committee Recommendations
Page 5 of 7
2) Establish public infrastructure such as parking garages and transit facilities to
support mass transit needs.
3) Develop infrastructure funding mechanisms through impact fees, Special
Assessment Programs or CRA-type programs.
3. Land Use
a. Create additional land use designation areas, where appropriate, for mixed -use
development. One example of this would be the adoption of a Neighborhoods and Districts
Future Land Use to allow for smaller increments of property to develop according to
compact, mixed -use principles.
b. Strengthen plan policies to create additional opportunities for and encourage the mixing of
land uses at the building, site, and neighborhood levels. At a minimum, regulations should
allow for some percentage of residential units within commercial land uses, as well as some
commercial development in high density residential areas.
c. Strengthen and create zoning ordinances that provide at least one or more zoning districts
that allow mixes of residential and commercial uses.
d. Strengthen or create future land use plan and zoning ordinances allowing for compatible,
small-scale neighborhood commercial uses (e.g., corner stores) adjacent to or within
residential neighborhoods.
e. Consider occupation regulations flexible enough to allow a wide variety of telework activities
while maintaining the peace and quiet of the neighborhoods in which they are located.
f. Strengthen procedural elements of land development regulations to require that various
disciplines within the site design profession coordinate to achieve superior site design,
including but not limited to urban design, engineering, environmental preservation,
landscape architecture, transportation and stormwater management.
4. Open Space and Parks
a. Strengthen goals, policies, and implementation measures to set aside a certain percentage
of total land area in the community as open space or green space.
b. Require that development in all (or most) zoning districts provide a minimum open space
ratio as appropriate to location and intensity of land use. Encourage accessibility to public
open space to all or most residents of the community within a certain minimum distance.
c. Strengthen land use regulations to require developers to connect open spaces and
greenways to existing destinations and open space reservations.
d. Develop a clear definition of open space in which public parks and private open space are
clearly described. Encourage the development of pocket parks and, if appropriate, larger
community green space in residential projects.
e. Create land use regulations that provide for "conservation subdivisions" or "cluster
subdivisions" as a matter of right versus requiring a change in zoning district. Create
standards for site organization and building form to guide this "by right' development.
6. Transportation
a. Confirm (and strengthen or create if necessary) that the comprehensive plan transportation
element addresses long range needs for roads, sidewalks, bicycle paths, transit, freight
movement, and water and air travel (where appropriate).
January 4, 2010
Smart Growth Committee Recommendations
Page 6 of 7
b. Confirm that local transportation policies provide for the maintenance of current roads and
existing transportation systems before spending money on new ones.
c. Include transportation policies that provide for local street networks (as opposed to the
conventional hierarchical system of arterials, collectors, and local streets). New local streets
should be provided at designated intervals that encourage walkability and a variety of
options for automobile trip routes.
d. Create provisions in the comprehensive plan and land development regulations to provide
for an analysis of local street standards and recommendations for reducing excessive right-
of-way and pavement widths.
e. Require sidewalks/pedestrian paths within all new residential and commercial development
as appropriate to the general transect of the subject area.
f. Confirm and strengthen (or create if necessary) subdivision regulations to allow the planning
commission or local governing body to require the connection of subdivision streets to
existing streets and the stubbing of streets to allow connections to future subdivision
developments.
g. Confirm and strengthen (or create if necessary) land use regulations that encourage, if not
mandate, the provision of inter -parcel connections between individual developments, where
compatible.
Create land development regulations that are "transit -friendly" or "transit supportive". These
types of development will require minimum densities to support transit near a center of
urban activity.
i. Update right-of-way protection map to address local street network connectivity.
IMPLEMENTATION
The Committee considered a number of strategies that would implement these areas outlined above
within the Comprehensive Plan and Land Development Code. Clearly some of these suggested
strategies will be more effective than others in implementing Smart Growth practices, and some will
require significant effort over a period of time. The Committee has made an attempt to list such actions
for implementation and organize them over the next few years. A sample timeline is included at the end
of this document, showing that certain tasks can be combined and overlapped as resources permit.
The Committee believes that all recommended tasks are important and recognizes that each task will
require the commitment and resources of staff and the Commission. This recommended
implementation orders tasks in a manner to place those which can be done quickly and provide
maximum benefit early in the schedule. Other tasks which may have greater total impact but which will
take longer and consume more staff resources have been recommended for longer term
implementation. For example, revisiting permitted uses in each zoning district might be a minimally
effective smart growth strategy but will presumably take significantly less time than implementing an
entirely new regulatory paradigm like the SmartCode.
Consistent with Resolution 09-241 adopting operational procedures for advisory boards and
committees, the Smart Growth Committee will sunset after acceptance of these recommendations. In
closing, the Committee would like to thank the Board of County Commissioners for the opportunity to
participate in making recommendations that will further sustainable growth management practices in St.
Lucie County.
January 4, 2010
Smart Growth Committee Recommendations
Page 7 of 7
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ST. LUCIE COUNTY
SMART GROWTH ADVISORY AD HOC COMMITTEE
ST. LUCIE COUNTY, FLORIDA
2300 Virginia Avenue
Growth Management
Conference Room One
December 4, 2009, 10:00 A.M.
A compact disc recording of this meeting, in its entirety, has been placed in the file along with these minutes as
part of the record. In the event of a conflict between the written summary minutes and the compact disc, the
compact disc shall prevail.
CALL TO ORDER
Chairman Trias called the meeting to order at 10:06 A.M.
ROLL CALL
Mary Chapman .................................
Vice -Chair
Sam Comer ......................................
Committee Member (arrived 10:10 AM)
Noreen S. Dreyer ..............................
Committee Member
Patricia A. Ferrick .............................
Committee Member
David Kelly .......................................Committee
Member
Marty Sanders ..................................
Committee Member
Larry Storms.....................................Committee
Member
Ramon Trias.....................................Chairman
MEMBER ABSENT:
Michael Houston
Rick Reikenis.....
STAFF PRESENT
Sarah Smith......
Kara Wood .......
Heather Young.
.............................Committee Member
.............................Committee Member
............................. Planning Technician
............................. Planning Manager
.............................Assistant County Attorney
OTHERS IN ATTENDANCE
None
1. Review and approve minutes of October 23, 2009 meeting.
Mr. Trias called for a motion to approve the minutes of the October 23, 2009 meeting. Mr.
Kelly made a motion to approve and Ms. Dreyer seconded. The motion passed
unanimously.
2. Review and approve summary of November 13, 2009 meeting.
Mr. Trias called for a motion to approve the summary of the November 13, 2009 meeting.
Mr. Kelly made a motion to approve and Ms. Dreyer seconded. The motion passed
unanimously.
3. Discussion Items
2009-12-04 SG Draft Minutes (Sarah).docx
Page 1 of 2
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A. Revise Smart Growth Draft Recommendations implementation strategy
Ms. Wood summarized the status of the recommendations memo from the Committee to the
BOCC and the revisions made since the last Committee meeting.
Mrs. Ferrick expressed concerns over some items included in the recommendations and
submitted a list of her comments for inclusion in the record.
There was a discussion about when the Committee would sunset. Ms. Wood reviewed
Resolution 09-241 establishing advisory board procedure for the BOCC and confirmed that
the Committee was scheduled to sunset upon acceptance of recommendations by the
BOCC. The Committee motioned to sunset without the need for further meetings and
requested that language from the Resolution be added to the recommendations memo
along with the need for public input and mention of the BOCC forming another committee for
future implementation of the committee's recommendations. The committee requested that
the recommendations memo be further amended to include Mrs. Ferrick's comments. The
motion passed unanimously.
Mr. Trias called for a motion to forward the recommendations memo to the BOCC with the
inclusion of Mrs. Ferrick's comments and requested changes. Mr. Kelly made a motion to
approve and Ms. Dreyer seconded. The motion was approved 7-1 with Mrs. Ferrick
dissenting.
4. Upcoming Meetings
The Committee agreed that there was no need to meet again and requested that all
documents be sent to them. Ms. Wood agreed to email the Committee members when the
agenda item to have the recommendations accepted by the Board was prepared.
The meeting adjourned at 10:58 AM
2009-12-04 SG Draft Minutes (Sarah).docx
Page 2 of 2
/ A
In going over the. current memorandum and recent
memorandums 1 believe we would be infringing on existing
vested private property rights by some of the actions that are
being contemplating in these documents.
Specifically
Infill on existing properties with a current vested land
use and zoning
Could be adversely impacted by encouraging minimum
densities 8 to 15 units to the acre and higher densities in urban
centers there is no del7nitive number on higher density.
not vote for anything that does not have specificity.
Concerns:
Comprehensive Plan
3, 4, 8,12
3, ht of waY reduction there are no figures as to what
type of light of way reduction is contemplated .
I have concerns with the following
LDC 2.3, ¢, 7,10,11,12,13,1A, (require)
Data & Analysis
1. Develop land use analysis for potential Will in acres
and units based on realistic redevelopment opportunities
Detailed list.
L (a) ? ,b. e,f, . a. plan for and zone a portion of
residential land for densities 815 per acre. (would
necessitate land use and zoning changes).
2. a,e, (h)1 future land use designations overlay on
page ¢ again no specifics as to what the overlay would
entail or how it will be handled or the number
properties that would be impacted
(h) 3 Infrastructure mechanisms Inc. CRA.
Land Use
a,c,d we already allow in zoning districts corner
stores in NC and of in CO zoning designations
There could be ramcations under the "Bert Harris" Private
property Rights Protection Act.
I would life to see my comments reflected in the minutes.
ar�
e
ITEM NO. VI — J
- f DATE: 1/12/2010
L 0 R 4—M AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Bl
Ken J. Mascar
SUBMITTED BY: St. Lucie County Sheriffs Office, Administration Sheriff
SUBJECT: Authorization to accept the 2010 Recovery Act: Edward Byrne Memorial Justice
Assistance Grant.
BACKGROUND: The Florida Department of Law Enforcement (FDLE) has awarded the St. Lucie
Sheriffs Office with the 2010 Recovery Act: Edward Byrne Memorial Justice
Assistance Grant (2010-ARRC-STLU-4-W7-284). This grant in the amount of
$292,939 will be used to develop the Emergency Preparedness, Response, and
Recovery for Law Enforcement Information Systems Program. The Sheriffs Office will
provide the St. Lucie County Office of Management and Budget with the required
expenditure backup documentation and reports necessary for reimbursement of grant
funds. JAG funds can be used for state and local initiatives, technical assistance,
training, personnel, equipment, supplies, contractual support, and information systems
for criminal justice programs. No matching funds are required.
FUNDS AVAILABLE: 107165-2110-331210-200 U. S. Department of Justice
PREVIOUS ACTION: June 16, 2009 — BOCC approval to apply.
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget
Resolution No. 10-022 and authorize the acceptance of the 2010 Recovery Act:
Edward Byrne Memorial Justice Assistance Grant (2010-ARRC-STLU-4-W7-284) in
the amount of $292,939.
COMMISSION ACTION: CONCURRENCE:
(yU APPROVED
( ) OTHER
Approved 5-0
County Attorney ( )
( ) DENIED —
l�
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
OMB Director ( )
Budget Analyst
Da McIntyre Marie G uin
N�� d-t-- Yft--� Sophia Holt
Originating Dept. ( ) ERD ( )
(Name)
(Name)
St. Lucie County Sheriff's Office
MEMORANDUM
TO: Board of County Commissioners
FROM: Ken J. Mascara, Sheriff
St. Lucie County Sheriff's Onistrationf
DATE: Tuesday, January 12, 2010
SUBJECT: Authorization to accept the 2010 Recovery Act: Edward Byrne Memorial Justice
Assistance Grant.
ITEM NO. VI — J
Backaround:
The Florida Department of Law Enforcement (FDLE) has awarded the St. Lucie Sheriffs Office with the
2010 Recovery Act: Edward Byrne Memorial Justice Assistance Grant (2010-ARRC-STLU-4-W7-284).
This grant in the amount of $292,939 will be used to develop the Emergency Preparedness, Response,
and Recovery for Law Enforcement Information Systems Program.
The Sheriffs Office will provide the St. Lucie County Office of Management and Budget with the required
expenditure backup documentation and reports necessary for reimbursement of grant funds.
JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment,
supplies, contractual support, and information systems for criminal justice programs. No matching funds
are required.
Recommendation
Staff recommends that the Board of County Commissioners approve Budget Resolution No. 10-022
and authorize the acceptance of the 2010 Recovery Act: Edward Byrne Memorial Justice Assistance Grant
(2010-ARRC-STLU-4-W7-284) in the amount of $292,939.
Florida Department of Office of Criminal Justice Grants
Law Enforcement Post Office Box 1489
Tallahassee, Florida 32302-1489
Gerald M. Bailey (850) 617-1250
Commissioner www.fdle.state.fl.us
DEC 2 4 2009
The Honorable Charles Grande
Chairperson
St. Lucie County Board of Commissioners
2300 Virginia Avenue
Fort Pierce, FL 34982
Re: Contract No. 2010-ARRC-STLU-4-W7-284
Dear Chairperson Grande:
Charlie Crist, Governor
Bill McCollum, Attorney General
Alex Sink, Chief Financial Officer
Charles H. Bronson, Commissioner of Agriculture
Jugh
t - 3 CD —"OR`
<Ac � 5Ne rL;Y
Co. k�Ac"' / '
The Florida Department of Law Enforcement is pleased to award a Recovery Act
Edward Byrne Memorial Justice Assistance Grant to your unit of government in the
amount of $ 292,939.00 for the project entitled, EMERGENCY PREPAREDNESS,
RESPONSE, AND RECOVERY FOR LAW ENFORCEMENT INFORMATION
SYSTEMS. These funds shall be utilized for the purpose of reducing crime and
improving public safety.
A copy of the approved subgrant application with the referenced contract number is
enclosed for your file. All correspondence with the Department should always refer to
the project number and title.
Your attention is directed to the Standard Conditions of the subgrant and to the special
Recovery Act Conditions. These conditions should be reviewed carefully by those
persons responsible for project administration to avoid delays in project completion and
costs reimbursements. Please note there are special reporting requirements for the
Recovery Act funds. Receipt of funds are contingent upon timely reporting.
The enclosed Certification of Acceptance should be completed and returned to the
Department within 30 calendar days from the date of award. This certificate constitutes
official acceptance of the award and must be received by the Department prior to the
reimbursement of any project expenditures.
Committed to
Service • Integrity • Respect • Quality
The Honorable Charles Grande
Page Two
We look forward to working with you on this project. If we can be of further assistance,
please contact Janice Parish at 850/617-1250.
Sincerely,
N . c�;u.�
Clayton H. Wilder
Administrator
CHW/JP/jj
.Enclosures
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, FL 32308
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative, acknowledges receipt and
acceptance of subgrant award number 2010-ARRC-STLU-4-W7-284, in the amount
of $ 292,939.00, for a project entitled, EMERGENCY PREPAREDNESS,
RESPONSE, AND RECOVERY FOR LAW ENFORCEMENT INFORMATION
SYSTEMS, for the period of 10/01/2009 through 09/30/2010, to be implemented in
accordance with the approved subgrant application, and subject to the Florida
Department of Law Enforcement's Standard Conditions and any special conditions
governing this subgrant.
(Signature of Subgrantee's Authorized Official)
(Typed Name and Title of Official)
(Name of Subgrantee)
(Date of Acceptance)
Rule Reference 11 D-9.006 OCJG-1-012 (Rev. October 2005)
RESOLUTION NO. 10-022
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 Edward Byrne Memorial JAG Grant in the amount of $292,939.
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 12th day of January, 2010, 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
107165-2110-331210-200
APPROPRIATIONS
107165-2110-591900-200
U. S. Department of Justice
Transfer to Sheriff
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 12T" DAY OF JANUARY 2010.
ATTEST:
$292,939
$292,939
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, FL 32308
SUBGRANT AWARD CERTIFICATE
Subgrantee: St. Lucie County Board of Commissioners
Date of Award: 42 - a 3- b y
Grant Period: From: 10/01/2009 TO: 09/30/2010
Project Title: EMERGENCY PREPAREDNESS, RESPONSE, AND RECOVERY
FOR LAW ENFORCEMENT INFORMATION SYSTEMS
Grant Number: 2010-ARRC-STLU-4-W7-284
Federal Funds: $ 292,939.00
State Agency Match:
Local Agency Match: $ 0.00
Total Project Cost: $ 292,939.00
CFDA Number: 16.803 Federal Award Number: 2009-SU-139-0021
Award is hereby made in the amount and for the period shown above of a subgrant
under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-
351, as amended, and the Anti -Drug Abuse Act of 1988, P.L. 100-690, to the above
mentioned subgrantee and subject to any attached or special conditions.
This award is subject to all applicable rules, regulations, and conditions as contained
in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D,
Office of Justice Programs, Common Rule for State and Local Governments and A-
87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It is
also subject to such further rules, regulations and policies as may be reasonably
prescribed by the State or Federal Government consistent with the purposes and
authorization of P.L. 90-351, as amended, and P.L. 100-690; and, P.L. 111-5, the
American Recovery and Reinvestment Act of 2009.
SUBGRANT AWARD CERTIFICATE (CONTINUED)
This grant shall become effective on the beginning date of the grant period provided
that within 30 days from the date of award, a properly executed Certificate of
Acceptance of Subgrant Award is returned to the Department.
&&t4
Authorize4 Official
Clayton H. Wilder
Administrator
/d • A3-a
Date
U4�is award is subject to special conditions (attached).
State of Florida
Office of Criminal Justice Grant
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, FL 32308
SPECIAL CONDITION(S) / GENERAL COMMENT (S)
Grantee: Office of Criminal Justice Grants
Grant Number: 2010-ARRC-STLU-4-W7-284
Grant Title: EMERGENCY PREPAREDNESS, RESPONSE, AND RECOVERY FOR
LAW ENFORCEMENT INFORMATION SYSTEMS
In addition to the general conditions applicable to fiscal administration, the grant is
subject to the following Special Condition(s)/General Comment(s):
Ref# S12815: Prior to the drawdown of federal funds, St. Lucie County must submit
a revised sole source justification and ADP form for OCJG approval.
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
Subgrant Recipient
Organization Name: St. Lucie County Board of Commissioners
County: St. Lucie
Chief Official
Name:
Charles Grande
Title:
Chairperson
Address:
2300 Virginia Avenue
City:
Fort Pierce
State:
FL zip: 34982
Phone:
772-462-1100 Ext:
Fax:
Email:
GrandeC@stlucieco.org
Chief Financial Officer
Name:
Shai Francis
Title:
Finance Director
Address:
2300 Virginia Avenue
City:
Fort Pierce
State:
FL Zip: 34982
Phone:
772-462-1429 Ext:
Fax:
Email:
franciss@stlucieco.gov
Application Ket # 2010-ARRC-312 Section #1 Page 1 of 2
Contract 2010-ARRC-STLU-4-W7-284
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
Implementing Agency
Organization Name: St. Lucie County Sheriffs Office
County: St. Lucie
Chief Official
Name: Ken Mascara
Title:
Sheriff
Address:
4700 West Midway Road
City:
Fort Pierce
State:
FL Zip: 34981
Phone:
772-462-7300 Ext:
Fax:
772-489-5851
Email:
kmascar@stluciesheriff.com
Project Director
Name: John Hammond
Title:
Information Technology Supervisor
Address:
4700 West Midway Road
City:
Fort Pierce
State:
FL Zip: 34981
Phone:
772-462-3278 Ext:
Fax:
772-462-3275
Email:
hammondj@stiuciesheriff.com
Application Ref # 2010-ARRC-312 Section #1 Page 2 of Z
Contract 2010-ARRC-STLU-4-W7-284
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
General Project Information
Project Title: EMERGENCY PREPAREDNESS, RESPONSE, AND RECOVERY
FOR LAW ENFORCEMENT INFORMATION SYSTEMS
Subgrant Recipient: St. Lucie County Board of Commissioners
Implementing Agency: St. Lucie County Sheriffs Office
Project Start Date: 10/1/2009 End Date: 9/30/2010
Problem Identification
The St. Lucie County Sheriffs Office has identified a most important gap in our emergency
response and recovery plan. This gap has been identified as a lack of secure offsite storage for
valuable criminal justice records and other critical law enforcement data and systems in the event
or threat of a natural or man-made disaster.
In August of 2008, St. Lucie County experienced severe flooding from the effects of Tropical
Storm Fay. County Administrator Doug Anderson was quoted as saying "Countywide, flooding
damage from Tropical Storm Fay and its backlash is estimated to exceed $20 million". In addition,
St. Lucie County had taken direct hits in 2004 from hurricanes Frances and Jeanne.
The above referenced storms forced our agency to enhance our emergency response and
recovery plans and procedures. This project is vital to the protection of all of our information
systems including but not limited to law enforcement records/reports for offense/incident, traffic
and arrest data, and finance systems for accounts receivable, payables, and payroll.
The importance of the critical need for this project was experienced on Tuesday, December 15,
2009, when a fuse in the main breaker box blew at St. Lucie County Sheriff?s Office
Administrative Building resulting in the total lost of electrical power to the IT section. The effect of
this power outage caused the lost of all IT network data systems at the Administrative building for
several hours. Had the St. Lucie County Sheriff?s Office been equipped with a ?real-time? offsite
data storage system there would have been no interruption of critical data services.
Project Summary
This proposed offsite, real-time, data backup/replication system is vital to our agency in the event
of a natural and/or manmade disaster. Our objective is to enhance data systems response and
recovery time in the event of a natural or man-made disaster. Ensure immediate retrieval of
valuable Sheriffs Office law enforcement and administrative vital operations data. This project will
enable the St. Lucie County Sheriffs Office to quickly restore payroll, accounts receivable,
payables, law enforcement offense incident and accident reporting, and detention/jail
management functions.
Application Ref # 2010-ARRC-312
Contract 2010-ARRC-STLU-4-W7-284
Section #2 Page 1 of 2
Rule Reference 11D-9.006 OCJG-005 (rev. April 2005)
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): County Attorney
ITEM NO. VIII
DATE: January 12, 2010
REGULAR [XX]
PUBLIC HEARING []
CONSENT[]
PRESENTED BY:
Daniel S. McIntyre
SUBJECT: American Recovery and Reinvestment Tax Act of 2009
(Recovery Zone Facility Bonds) - Wyndcrest DD Florida, Inc.
BACKGROUND: See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board approve Resolution No. 10-
034 and authorize the Chairman to sign the Resolution.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
County Attorney:
Daniel S. McIntyre
Originating Dept.
Finance: (Check for copy only, if applicable)
Faye W. Outlaw, MPA
County Administrator
Review and Approvals
Management & Budget Purchasing:
r' G um
Director: County Enc_
Bi If Hoeffner
Eff. 5/96
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Daniel S. McIntyre, County Attorney
C.A. NO.: 10-0016
DATE: January 7, 2010
SUBJECT: American Recovery and Reinvestment Tax Act of 2009 (Recovery
Zone Facility Bonds) - Wyndcrest DO Florida, Inc.
BACKGROUND:
Pursuant to the American Recovery and Reinvestment Tax Act of 2009 (the "Act"), the
County has received an allocation of national Recovery Zone Facility Bond limitation in the
amount of $8,202,000. The County has received a formal request from the City of Port St.
Lucie to enable the City to issue Recovery Zone Facility Bonds for a recovery zone facility
project to be leased to Wyndcrest DD Florida, Inc. for the purpose of locating its operations
within the City limits to create jobs, training and other economic development within the City.
Attached to this memorandum is a copy of draft Resolution No.10-034, prepared by the
County's bond counsel. Approval of the resolution would allocate $8,202,000, the County's
allocation of the Recovery Zone Facility Bond allocation, to the City of Port St. Lucie to enable
the City to undertake and finance the Wyndcrest project.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board approve Resolution No. 10-034 and authorize the
Chairman to sign the Resolution.
DSM/caf
Attachment
Respectfully submitted,
Daniel S. McIntyre
County Attorney i
RESOLUTION NO. 10-034
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
ALLOCATING THE COUNTY'S RECOVERY ZONE FACILITY
BOND ALLOCATION TO THE CITY OF PORT ST. LUCIE;
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the federal American Recovery and Reinvestment Tax Act of 2009 (the
"Stimulus Act") provides, among other things, federal income tax incentives for obligations
issued to finance the construction, reconstruction, renovation or acquisition of recovery zone
property to be used in a qualified business in the recovery zone ("Recovery Zone Facility
Bonds"); and
WHEREAS, pursuant to the Stimulus Act, the County has received an allocation of the
national Recovery Zone Facility Bond limitation in the amount of $8,202,000 (the
"Allocation"), which Allocation is based on the proportion that the County's employment
decline bears to the aggregate of the 208 employment declines for all the counties and
certain large municipalities in the State; and
WHEREAS, the Stimulus Act provides that Recovery Zone Facility Bonds issued
pursuant to the Allocation must be issued before January 1, 2011; and
WHEREAS, this Board has designated the area within the limits of the County,
including the area within the corporate limits of the City of Port St. Lucie, Florida (the
"City"), which lies entirely within the County, as a recovery zone for purposes of the Stimulus
Act; and
WHEREAS, the Council of the City (the "Counci I") had, by Resolution 09-R130, adopted
on September 21, 2009, designated the corporate limits of the City as a Recovery Zone for
purposes of the Stimulus Act; and
WHEREAS, the County has received a formal allocation request from the Council to
enable the City to issue Recovery Zone Facility Bonds for a recovery zone facility project to
be leased to Wyndcrest DD Florida, Inc., for the purpose of locating its operations within the
corporate limits of the City to create jobs, training and other economic development within
the City (the "Wyndcrest Project"); now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA, THAT:
Section 1. Authority. This Resolution (hereinafter called the "Resolution") is
adopted pursuant to the provisions of the Florida Constitution and Chapter 125, Florida
Statutes, and other applicable provisions of law.
Section 2. Allocation to City. The Board hereby allocates $8,202,000 of the
County's allocation of the national Recovery Zone Facility Bond Allocation to the City to enable
the City to undertake and finance the Wyndcrest Project which will enable economic
development within the City, which lies entirely within the County.
Section 3. Authorization of Additional Action. The County Administrator is
hereby authorized (a) to make or effect any election, selection, designation, choice, consent,
or approval on behalf of the County with respect to the Recovery Zone and the Allocation as
the County is required to make or give under the Stimulus Act for the purpose of assuring,
enhancing or protecting favorable tax treatment or status of any Recovery Zone Facility
Bonds to be issued by the City pursuant to the aforesaid allocation from the County to the
City or activities to be financed by such Bonds or assisting in compliance with requirements
for that purpose, which action shall be in writing and signed by the County Administrator; and
(b) to take any and all other actions, corporate in every way with the City, and make or give
reports, covenants and certifications of and on behalf of the County, s may be appropriate
to assure the intended status of the Recovery Zone and any Recovery Zone Facility Bonds
issued by the City pursuant to the aforesaid allocation by the County.
Section 4. Severability. If any one or more of the provisions of this Resolution
shall for any reason be held illegal or invalid, such illegality or invalidity shall not affect any
other provision of this Resolution, but this Resolution shall be construed and enforced as if
such illegal or invalid provision had not been contained therein.
Section 5. Repealing Clause. All resolutions or orders and parts thereof in conf lict
herewith to the extent of such conflicts, are hereby superseded and repealed.
Section 6. Effective Date. This resolution shall take effect immediately upon its
adoption.
Passed and Adopted this day of January 2010, at a regular meeting duly called
and held.
ATTEST:
Clerk of the Circuit Court,
Ex -of ficio Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
1-A7
Chairman, Board of County Commissioners
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
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TO:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
AGENDA REQUEST
BOARD OF COUNTY COMMISSIONERS
Administration
ITEM NO.
IX
Addition
DATE:
01 /12/10
REGULAR
(X)
PUBLIC HEARING
( )
LEG.
( )
QUASWD
( )
CONSENT
( )
PRESENTED BY:
Faye W. Outlaw, MPA
County Administrator
Treasure Coast Education & Research Development Authority (TCERDA) Board
See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Board selects two applicants from the applications submitted to fill the two
vacancies on the Treasure Coast Education & Research Development Authority.
COMMISSION ACTION:
(� APPROVED ( )
( ) OTHER
Kathleen McGinn
Michael Adams
DENIED
Coordination/Signatures
OMB Director
County Attorney (X) Ik Budget Analyst (X)
Daniel McIntyre
Originating Dept. (X) Purchasing (X)
CONCURRENCE:
Faye W. Outlaw, MPA
County Administrator
Faye W. Outlaw,
MPA
Marie Gouin
Robert O'Sullivan
Melissa Simberlund
Administration
MEMORANDUM
TO: Board of County Commissioners
FROM: Faye W. Outlaw, MPA, County r
DATE: January 19, 2010
SUBJECT: Treasure Coast Education & Research Development Authority (TCERDA) Board
ITEM NO. IX
Backaround:
Dr. Kathleen McGinn's term serving as an Education Representative on the TCERDA Board will
expire on January 22, 2010. Ms. McGinn would like to be reappointed and has submitted a letter
of interest and resume for your review.
O. Rick Minton Jr.'s term serving as a Business Representative on the TCERDA Board will expire
on January 22, 2010. Mr. Minton is not interested in being considered for reappointment. Please
see attached letter from University of Florida President J. Bernard Machen recommending Mr.
Mike Adams as Mr. Minton's replacement.
Please see attached letter dated January 11, 2010 from Jane Bachelor, TCERDA Board Chair
supporting the re -appointment of a four-year term for Dr. Kathleen McGinn and recommendation
for Mr. Mike Adams to fill the Business Representative vacancy.
Other applications to serve on the Authority that have been received over the past year are also
attached for your review.
Recommendation:
Board selects two applicants from the applications submitted to fill the two vacancies on the
Treasure Coast Education & Research Development Authority.
TCERDA
Treasure Coast Education, Research and Development Authority
2199 South Rock Road, Fort Pierce, FL 34945
(772) 467-3107 ofc, (772) 467-3114 fax, www.tcerda.org
TCERDA BOARD
Jane Bachelor, Chair
University of Florida
Jose Farinos, Vice Chair
Indian River State College
Dr. Joe Joyce
University of Florida
Dr. Kathleen McGinn,
Board Secretary and
Treasurer
St. Lucie County School
District
Stefan K. Matthes, P.E.
Culpepper and Terpening,
Inc.
O. R. Minton, Jr.
Holland & Minton Properties
Hoyt C. "Pat" Murphy, Jr
Hoyt C. Murphy Inc.
Travis E. Murphy, Jr.
River Country Management
Treasure Coast Agricultural
Research Foundation, Inc
Tom Perona
Fort Pierce Utilities Authority
Dr. Peter Stoffella
University of Florida
January 11, 2010
Commissioner Charles Grande, Chairman
St. Lucie County Board of County Commissioners
2300 Virginia Avenue
Fort Pierce, FL 34982
RE: TCERDA Board Appointments
Dear Commissioner Grande:
Happy New Year! The Board members wish to take this opportunity to
thank the County Commissioners and professional staff for the successful
joint meeting held December 14, 2009 between the TCERDA Board and
the BOCC.
Prior to the joint meeting, the TCERDA Board of Directors voted
unanimously on the following actions:
• To support the re -appointment for a four-year term of Dr. Kathleen
McGinn to the TCERDA Board upon the expiration of her current term
on January 22, 2010.
• To appoint Mr. Mike Adams, President — Adams Ranch, to the TCERDA
Board for a four-year term, replacing Mr. O.R. "Rick" Minton Jr., upon
the expiration of Mr. Minton's term on January 22, 2010.
In addition to the unanimous vote of the TCERDA Board of Directors,
applications and letters of support have been submitted to the County
Administration Department for both appointments. Therefore, the
TCERDA Board respectfully requests the Board of County Commissioners
(BOCC) authorize and approve the appointment of these two candidates
at their earliest BOCC meeting opportunity.
Thank you for prompt action on these matters. As always, it is much appreciated.
Sincerely,
e Bachelor, MBA
TCERDA Board Chair
IB/ab 10-01
c: TCERDA Board members
St. Lucie County BOCC
Faye Outlaw, Administrator, St. Lucie County
Ben DeVries, Executive Director, Treasure Coast Research Park
Missy Stiadle, Executive Assistant to the County Administrator
Excellence in Education
The School Board of St. Lucie County
i St_ Lade CDanty 4204 Okeechobee Road
Pablic SCbDola Fort Pierce, Florida 34947 • (772) 429-3600
December 14, 2009
Commissioner Charles Grande, Chairman
St. Lucie County Board of County Commissioners
2300 Virginia Avenue
Fort Pierce, FL 34982
Dear Commissioner Grande:
Board Members
Troy Ingersoll, Chairman
Kathryn Hensley, Vice Chairman
Dr. John Carvelli
Kathryn Hensley
Carol A. Hilson
Superintendent
Michael J. Lannon
Please find enclosed my completed application to continue serving as a member of the
Treasure Coast Education, Research and Development Authority (TCERDA) Board. 1 have
served as the St. Lucie County School District's representative on the TCERDA Board since
2005 and am requesting the opportunity to continue to serve as a board member for another
term. I believe we are making significant progress in achieving the vision of the Treasure
Coast Research Park and I'm committed to continuing the TCERDA Board's work with the
goal of an additional Park tenant in place within the next twelve months.
Thank you in advance for your consideration,
Sincerely,
Kathleen McGinn, Ph.D.
Assistant Superintendent,
Strategic Planning and Central Services
c. Michael Lannon, Superintendent
ACCREDITED SYSTEM -WIDE BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS
The School Board of St. Lucie County is an Equal Opportunity Agency
St. Lucie County
Board of County Commissioners
Application for Serving on County Boards and Committees
Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees.
The minimum requirements for committee membership are:
• Must be a County resident (TCERDA - Please See Article 1 of Bylaws — attached)
• Must not be related to a County Commissioners or County employee involved with the committee
of interest.
• Must not be employed by the same business entity as other committee members.
• Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees)
Note: Some committees have additional requirements: please inquire when submitting this application. In
addition, service on committees with planning, zoning or natural resources responsibilities may require
disclosure of financial interests.
Please complete the following information:
Please indicate the committee(s) you are interested in. See the list below. Treasure Coast Education &
Research Development Authority (TCERDA)
1. Name: Kathleen McGinn Phone: 772-429-3901
2. Home address:
4641 SW Bimini Circle, N Palm City, FL
3. Which commission district do you live in?
n/a
4. Business/Occupation Assistant Superintendent, St Lucie County School District
5. Business address:
4204 Okeechobee Road, Fort Pierce Florida 34947
6. Brief resume of education & experience: (Please attach resume)
attached
7. Do you currently serve on a county committee(s)? If so, please list:
Yes- Have served as a member of TCERDA since 2005 — currently Secretary/Treasurer and
Chair of the Marketing Committee
8. Why do you think you are qualified to serve on the committees) indicated?
1 have an understanding of the K-12 educational perspective and can continue to apply this
understanding to TCERDA work in collaboration with St. Lucie County, UF, FAU and IRSC in
developing the Research Education Paris
9. Would you consider serving on another board other than the one(s) stated above? (Please specify)
10. Comments:
SIGNATURE:
DATE: r
I If
St. Lucie County Advisory Boards and Committee Citizen Appointments Available
Please check the committees you are interested in:
ti Attainable/Affordable/Workforce Housing Task Force
i1 Board of Adjustment
ti Central Florida Foreign -Trade Zone, Inc.
Ii Children's Services Council
ti Citizen's Budget Development Committee
Ii Code Enforcement Board
t3 Community Development Block Grant Citizen's Advisory Task Force (CDBG)
b Comprehensive Economic Development Strategy (CEDS)
to Contractors Certification Board
• Early Learning Coalition of St. Lucie County
ri Emergency Medical Services Advisory Council
13 Environmental Advisory Committee
33 Environmental Hearing Board
ti Fort Pierce Harbor Advisory Committee
u Historic Preservation Committee
t2 Historical Commission
11 Housing Finance Authority
tt Investment Committee
ti Library Advisory Board
ti Planning & Zoning Commission/Local Planning Agency
ti Recreation Advisory Board
tf Smart Growth Advisory Ad Hoc Committee
U Sustainability Ad Hoc Committee
ii Tourist Development Council
tt Transfer of Development Rights (TDR) Advisory Ad Hoc Committee
31 Treasure Coast Education & Research Development Authority (TCERDA)
t! Treasure Coast Health Council, Inc.
rt Value Adjustment Board
APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR
Submit to: St. Lucie County Administrator's Office, Missy Stiadle
2300 Virginia Avenue, Fort Pierce, FL 34982
Phone: (772) 462-1156
2
_hit. "MAW,
C14
TREASURE COAST EDUCATION, RESEARCH
AND DEVELOPMENT AUTHORITY
ARTICLE I
)PURPOSE
The Treasure Coast Education, Research and Development Authority (the "Authority') is a
public body corporate and politic and is created for the purposes provided in Florida Statutes section
159.701.
ARTICLE 11
MEMBERS
y SECTION 2.1 COMPOSITION. The Board of County Commissioners of St. Lucie County (the
-7"Board') shall appoint as Members of the Authority persons who are residents and electors of, or
have their principal place of employment in, St. Lucie County.
SECTION 22 NUMBER. There shall be not less than five Members of the Authority. The precise
number of Members shall be specified by the Board.
SECTION 23 TERM The initial Members of the Authority shall be appointed to serve the
following terms:
One Member
I year
One Member
2 years
One Member
3 years
One Member
4 years
Remaining initial Members
4 years
Them -After, the Board shall appoint for terms of 4 years each a Member to succeed a Member whose
term has expired. All Members shall serve in office until a successor is appointed and has qualified_
A Member shall be eligible for reappointment. The President of the University of Florida or his
designee shall be a member of the Authority only and shall serve ex officio. The appointment of the
President of the University of Florida or his designee shall be automatically renewed upon the
expiration of each term.
SECTION 2.4 VACANCIES. The Board shall appoint a Member to fill the unexpired term for any
vacancy in the membership except for a member who serves -ex officio.
SECTION 2.5 REMOVAL. A Member of the Authority may be removed by the Board for
misfeasance, malfeasance or willful neglect of duty.
SECTION 2.6 EX OFFICIO MEMBER. The President, or the president's designee, of the
PROFESSIONAL RESUME
KATHLEEN A. McGINN, Ph.D.
CONTACT INFORMATION
4641 SW Bimini Circle, North, Palm City, Florida
Cell Tel: (772) 201-8636
gregandkathymcgirtn@comeast.net
EDUCATION
• Ph.D., Public Administration, 2006, Florida Atlantic University — Fort Lauderdale, Florida
• M.P.A., 1997, Florida Atlantic University — Fort Lauderdale, Florida
• M.B.A., 1992, University of Wisconsin - Oshkosh, Wisconsin
• B.S., Community Medical Dietetics, 1985, Viterbo College, La Crosse, Wisconsin
PROFESSIONAL EXPERIENCE
• Assistant Superintendent, Strategic Planning and Central Services
0 2006 - present, School District of St. Lucie County, Fort Pierce, Florida
o Responsibilities include coordination of the school district strategic plan and, charter
schools, as well as oversight of the district student assignment plan and school meals
program_ Also serve as the district's chief negotiator for non -instructional support
personnel bargaining unit.
Executive Director, Strategic Planning and School Food Services
0 2004 —2006, School District of St. Lucie County, Fort Pierce, Florida
o Responsibilities included coordination of the .school district strategic plan as well as
oversight of the district school meals programs.
o Special project responsibilities included.-
o Coordination of district efforts in .support o f 2005 referendum where voters approved
renewal of % penny sales tax for construction through 2026.
o Facilitation of eighteen month "Controlled Choice " student assignment policy
revision process which resulted in .successful policy changes in 2006 and included
the first districtwide attendance zone boundaries re -alignment in fourteen years.
Executive Director, Support Services
0 2001 — 2004, School District of St. Lucie County, Fort Pierce, Florida
o Responsibilities included daily administration of school meal programs as well as
administrative oversight ofdistrict Transportation and Security Departments.
Director, Food and Nutrition Services
0 1995- 2001, School District of St. Lucie County, Fort Pierce, Florida
o Responsibilities included daily administration of school meal programs in St. Lucie
County Schools.
Kathleen A. McGinn, Ph.D.
Professional Resume
Page 2 of 2
• Operations Manager, Food and Nutrition Services
o 1992- 1995, Martin County School District, Stuart, Florida
o Responsibilities included daily administration ofschool meal programs in Martin County
Schools.
• Program Specialist I1I, Food and Nutrition Management
o 1990 - 1992, Florida Department of Education, Tallahassee, Florida
o Responsibilities included provision of technical assistance for school district meal
programs in both private and public schooLs in Florida_
• School Food Service Specialist/Project Manager
0 1989 - 1990, RDS Data Group, Inc., Sarasota, Florida
o Responsibilities included management of school meals .software product development and
technical assistance to customer school districts.
• Instructor, School Nutrition and Food Service
o 1986 - 1989, Moraine Park Technical College, Fond du Lac, Wisconsin
o Responsibilities included curriculum development and teaching courses within the
institutional_ f od services and management program.
• Supervisor of Food Services
0 1985 - 1989, Fond du Lac School District, Fond du Lac, Wisconsin
o Responsibilities included daily administration ofschool meal programs in Fond Du Lac
Public Schools.
PROFESSIONAL CREDENTIALS AND MEMBERSHIPS
• Registered Dietitian (R. D.)
• Florida Licensed Dietitian/Nutritionist (L.D.)
• School Nutrition Specialist (SNS)
• American Society of Public Administrators (ASPA) Member
• Association for Supervision and Curriculum Development (ASCD) Member
• School Nutrition Association (SNA) and Florida Affiliate Member
o Officer— 1997-1999
• Board Member, Treasure Coast Research Education Development Authority, 2005 — present
o Secretary — 2006 - 2009
o Secretary/Treasurer — 2009 - present
• Advisory Board Member, The Journal of Child Nutrition and Management, 1999 — present.
• Florida Food and Nutrition Advisory Council Member — 2006 - present
• invitational Membership, Pi Alpha Alpha, Florida Atlantic University
0 Florida Director of the Year, School Nutrition Programs, 2001-2002
UNIVERSITY of
UFIFLORIDA
J. Bernard Machen
President
November 20, 2009
Ms. Faye W. Outlaw, MPA
St. Lucie County Administrator
2300 Virginia Avenue
Ft. Pierce, FL 34982
Dear Ms. Outlaw:
226 Tigert Hall
PO Box 113150
Gainesville, FL 32611-3150
(352) 392-1311
Fax (352) 392-5275
www.ufl.edu
This is in reference to Treasure Coast Education, Research and Development Authority
(TCERDA) established under Chapter 159.701 at Ft. Pierce in partnership with the University of
Florida, USDA, FAU, the St. Lucie County School Board, and others. We greatly appreciated the
County's financial and administrative support in the establishment and evolution of the TCERDA.
In September 2004, we submitted a list of names for the initial Board of Directors of the research
and education park's board. One of those directors is Mr. Rick Minton, whose term expires
January, 2010. We would like to recommend Mr. Mike Adams as his replacement. He is a
St. Lucie county resident and has been president of the Adams Ranch since 1985. Mr. Adams is a
member of the Board and treasurer of the OF Treasure Coast Agricultural Research Foundation,
Inc., a direct support organization of the UF, which is the lease holder of record for over 400 acres
of land within the TCERDA. He is also a member of the St. Lucie County Cooperative Extension
Advisory Council.
If we can provide any further assistance, please do not hesitate to contact me
Sinc rely,
. Bernard Machen
cc: L. R. Arrington
O. R. Minton
L. A. Lowery, Assistant County Manager
Nov
The Foundation for The Gator Nation
An Equal Opportunity Institution
DEC-11-2009 02:40PM FROWAdams Ranch Inc.
T-654 P.001/002 F-529
COUNTY
F L O R 1 D A w
St Lucia County
R,ard of County Commissioners
Application for So ving on Cogrisj( p2g!gs and Committees
Thank you for applying for a position on one of St, Lucie County's many advisory boards and committees.
The minimum requirements for committee membership are:
• Must be a County resident
• Must not be related to a County Commissioners or County employee involved with the committee
of interest.
Must not be employed by the same business entity as other committee members.
• Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees)
Note: Some committees have additional requirements; please Inquire when submitting this application. In
addition, service on committees with planning, zoning or natural resources responsibilities may require
disclosure of financial Interests.
Please complete the following information:
1. Please indicate the committee(s) you are Interested in. See the list below.
2. Name: i`J'JN0, i 1- /Uazyn s Phone: ')'72 — y(( —ia3,� 1
3. Home address:
ig
4. Which commission district do you live in?
5. Business/Occupation Rel�10,4 e.-r-
6. Business address:
A (n O 0 2� a V-Vwt-K v t.+zzce r� 3 Y J. J� 5"
7. Brief resume of education & experience: (Please attach
8. Do you currently serve on a county committee(s)? If so, please list:
9. Why do you think you are qualified to serve on the committee(s) Indicated?
, . � 6� s f o1- s
DEC-11-2009 02:41PfA FROM -Adams Ranch Inc. 772-461-6674 T-654 P.002/002 F-529
10
11.
Would you consider serving on another board other than the ones) stated above? (Please specify)
St, Lucie County Advlsory Boards and Committee Citizen A000lntments Available
Please check the committees you are interested in;
>d AttaInabWAffdrdable/Wo ftrce Housing Task Force
13 Board of Adjustment
tl Central Florida Foreign -Trade Zone, Inc.
tY Children's Services Council
b Citizen's Budget Development Committee
ty Code Enforcement Board
U Community Development Block Grant Citizen's Advisory Task Force (CDBG)
ti Comprehensive Economic Development Strategy (CEPS)
n Contractors Certification Board
12 Early beaming Coalition of St, Lucie County
n Emergency Medical Services Advisory Council
tl Environmental Advisory Committee
tx Environmental Hearing Board
12 Fort Pierce Harbor Advisory Committee
ty Historic preservation Committee
13 Historical Commission
U Housing Finance Authority
t! Investment Committee
n Library Advisory Board
tx Planning & Zoning Commission/Local Planning Agency
n Recreation Advisory Board
t1l Smart Growth Advisory Ad Hoc Committee
0 Sustainability Ad Hoc Committee
tt Tourist Development Council
113 Transfer of Development Rights (TDR) Advisory Ad Hoc Committee
Treasure Coast Education & Research Development Authority (TCERDA)
>n Treasure Coast Health Council, Inc.
>d Value Adjustment Board
APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR
Submit to: St Lucie County Administrators Office, Missy Stladle
2300 Virginia Avenue, Fort Pierce, FL 34982
Phone: (772) 462-1156
2
JAN-22-09 THU 02:23 Phi ASSET SPECIALISTS, INC. FAX N0, 6616898338
P. 02
St. Lucie Coup
Board of County Commissioners
Application for Serving on County Boards and Committees
Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees,
The minimum requirements for committee membership are:
Must be a County resident
Must not be related to another committee member, County Commissioner or County employee
involved with the commttice of interest.
Must not be employed by the same business entity as other committee members.
« Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees)
Noto: Somo committees have additional requirements; please inquire when submitting this application, In
addition, service on committees with planning, zoning or natural resources responsibilities may require
disclosure of financial interests.
Ploaso complete the following information: L ,
-_T_Y'eASuy�'_ Ce)a �i EducGibbvn G RtSea�c L �e�O�w�?ti� 't�1°Yr Y
1. Please indicate the committees) you are interested in. See the list below.
Phone: 561- 31 W02
Home address:
-q 5o t_i,h (OCA Cfi, t y�►i7,,n C ea ck, , L. 3 4 �
Which commission district do you)iY6,in?
5. Busin
1 94
6. Business address �f t f 3"No
7. brief resume of education & experience: (Please attach resume)
3, fro you currents serve on,a county commttepVIP
If so, please list:
ExPuA�JP. C&V � o art 1�•D. C.
9.
JAN-22-09 THU 02:23 PM ASSET SPECIALISTS, INC. FAX N0, 5616898338
P. 03
10. Would you
- _ ____,
i
11. Comments:
SIGI"
DAT
serving on another board other than the one(s) stated above? (Please specify)
St. Lucie County Advisory Boards and Committee Citizen Appointments Available
Please chsck the committees you are interested in:
U AtiainabIPJAffordablcMorkforce Housing Task Force
ti Beach Preservation Task Force
tt Bicycle/Pedestrian Advisory Committee
M Board of Adjustment
U Central Florida Foreign -Trade Zone, Inc.
U Children's Services Council
11 Citizen's Budget envelopment Committee
U Code Enforcement Board
11 Community Development Block Grant Citizen's Advisory Task Force (CDBG)
0 Comprehensive Fconomic Development Strategy (CEDS)
11 Contractors Certification Board
13 Cultural Affairs Council
ti Early Learning Coalition of St. Lucie County
:0 Emergency Medical Services Advisory Council
11 Environmental Advisory Committee
14 C-nvironnwtal I Tearing Board
U Fort Pierce Harbor Advisory Committee
U Historic Preservation Cortimiltee
H Historical Commission
11 Housing Finance Authority
it Investment Committee
11 Library Advisory Board
17 Planning & zoning Commission/Local Planning Agency
M Recreation Advisory Board
U Restudy Coordination Committee
13 Srnad Growth Advisory Ad Hoc Committee
ti Sustainability Ad I roc Commitiee
33 Tourist Development Council
11 Transfer of Development Rights (TDR) Advisory Ad Hoc Committee
Treasure Coast Education & Research Development Authority
U Treasure Coast Health Council, Inc.
APPLICAI ION WILL REMAIN EFFECTIVE FOR ONE YEAR
Submit to: St. Lucie County Administrator's Office, Missy Stiadle
2300 Virginia Avenue, Fort Pierce, FL 34982
Phone: (772) 462-1156
2
JAN-22-09 THU 02:24 Phi ASSET SPECIALISTS, INC. FAX NO. 5616898338 P, 04
NA'I HANIEL J. BRAY
74-50 Liverpool Court, Boynton Reach, FL.
EM11i3O'1'MV',N'1' 1-11ST0RY
(.561) 880-8033
ASSV.I' SP1;C IAI.ISTS, INC. West Palm Beach, I'Iorida
I?rc. iticial Real I Ntate.and Btitiinsti Deyulormicnt 2004 - present
1 ant responsible for all real estaic development that the company ventures into from site acquimition,
girvcrnmenl approvals, construction, lensing and refinancing. Nevi development projects I have created:
l hflver14y park: 112,000 sq. li., threo buildings, single -story, light industrial park in the City of Port
St. f ,ucic.
$ WeslvlcW I'Ialal I I: 45,000 sq. 11., ihree-story- class "A" office building in the City of foal St. Lucie
e Corporate Place at Tradition: 270,000 sq. A— 7 multi -floored, class "A" office buildings in the City
ol,Pul't St.l,ticic.
® Self -Storage at Tniditiun: 120,000 sq, ft.. multi -floored, self storttc facility in the City of Port St.
{ IICIC.
Responsibilities includucl: site: acquisitions, design and development, governmental approvals,
ncgoii:tlisig cutt�truclion contracts, oversceing of All eonstruelion; weekly meetings, scheduling and
inonthfy payincnts, pro -leasing, negotiating all lenses, overseeing all tenant improvements tom design,
conArtictum it) lcmant occupying;.
1 am ovcnscuing the rnarkpi ink; and leasing, of 650,000 sq, ft. of existing commercial assets f ironi Palm
Beach C:ottnly to St. Lucic County, Florida. I direct all print and intenict medin and dirocted all target
niarkctin,; ell'oas for now and exi,;ting properties. i ako manage in-house sales professionals and assist
with their prol'egcioual development and Ihcir sales and leasing of bris. 1 am actively involved in the day-
t�� dray o]%cralions of propcl'ly managcme:nt and tennul rcla lions. finally, I have been very succcssfui in
broadening the Assct Spccinlists brand in the Pahn Bunch and Treasure Const aruas by my involvomcnt
in the l"couoriaic Development Council of St. Lucie County and Keiser University and by illy
contmitm.mt to conttnnnity outreach. i have personally provided real estate and business expcilise to
non-profit and V;ovvrnnicnt ageacivs at no Cast.
11 IL STALIBACI I COMPANY, Palo Alto, Califomin
Selainr As,tit, 6,11v 1999 - 2003
Represented wilional Lind regional, corporate and r(:tail tenants in their expansion plans throughoul the
Wcsl Coast. Was responsible liar the strategic planning ofsite selection and acquisitions. Negotiated all
Bind ground leases, single rind multi -tenant leases. Partial client list: retail tcnnnl s: Crap, Ross
Dress for Less, llevena8cs and Moro, Nations !tent, Sioralalus, Staples and Rubio's Restaurant; corporate:
tenant.": Seven Corporation, Goru TechnoloLV, Ciood 'Technology, The Uarninb Company, Hyseq
Pharnriccutical,, Santa Clara Colmty, Pcoplcsolf, Cadence, E*Trade, I'Slnet, Quantanil, Danger, and
Bain & ('ampany.
RUI;-E,f.l, ENTERPRISES. INC, 1)ROPiiR'IY DEVELOPMENT, Berkeley, C'alifornin
Director of 4_nles.-Marketing and Acchtisi►ions 1996 - 1999
Seca-ssfill ly m,ui,1ped the marketing of a diverse poalfolio of buildings throughout the San Francisco
FUy area, Approximately 80% cal' the portfolio were retail confers and 20% were office buildinn,g.
Ovuraaw all I'accls of, the marketing process: newspaper advertising brochures, mailers to brokeragu
coannamily and tenants. Negotiated ill lease transaction tizins and lease agreement. I lave Ice) the clTorts
wit]) all propully ,uxlui.0iolis From bnuk t Xl*-..U. to leased shopping centers, single tenant buildings ;end
JAN-22-09 THU 02:25 PM ASSET SPECIALISTS, INC, FAX NO. 5616898338 P. 05
Nathanit1.I, 1trq
1'ar i Tivo
vacsult ns pruiect manager delemliniug tho direction of ohsolcte buildings wilhin
file polllolin and worked with the city governments, architects, contractors and potential tenants to
design, build and (case a building that is profitable for all parties.
♦ Lod group of talcnfk cd prnf44sionals creating an attnlosphcre that allows them the ability to excel in
ihcir ihlntain.
♦ (stabli,h�'d relail tenant data hank monitoring both national and regional tenants
+ lislahlisitcil a commercial road estate brokcr and agent data hank
♦ Maniged all faccis of the redovelopment process
♦ 01-9111"iced and implemented Ills financing of redevelopment properties
♦ Ov41:+aw propeliy nrtnalgenl nt
NIAI:C:t1S & MILI.1CHAP, Valo Alto, California
('oinjilercial Rcal listale Inve5inn of Broker 1993 - 1996
Spccializad in selling triple no (case invc5lnu.nt5 in both sinfle tenant and retail strip and in selling
distressed/valve-nilklod propcoics to clients. 7'r"lc.cd all national and regional tenants for sale -lease -back
1xissibiliti4s or build to suit. Led I1-1c buying groups through the valve -added process, i.e. lensing, tenant
inlpmve-Ownts ,and retrofitting to strengthen the value of their investment. 'Iltmogh diversification
rcprescnlW boot buyers and scllct:s,and performed multiple 1031 exchanges.
+ Clascd $1-1,500,000 in 14 plus transactions ill sale of singto tenant, multi -tenant retail and multi-
rusidwilial Properties over the Inst three ycars.
• I?xclurivcly reprusuntud several hanks with selling their O.R.13.0, properties: Silicon Valley
linnk, California 13aneshrnva, I.ippo Hank, Topa 'Thrift and Loan, Bank of 'Tracy, Pacific Thrill
and Loan and Westside f3a1tk
SARA'I OGA INVIS'1 W NT COMPANY, San Jose, Cnlilbrnia
Commercial vat I�late Investment Broker 1990 - 1993
Successholly cl vclolxd a diverse client base in Contntchcial, Industrial and Retail, representing both
ten:mh and land owners, with a broad background in all phase, of commercial real estate. In addition,
halldit.d all aspects of triple nut lease investtllets. Generated $2M in commercial real estate sales and
(cased 50,000 sq.ft. ol'indusirial aiid rclail space during Grstycar.
FAWCATION
♦ Westbrook Iligh, Westbrook, MI:, 1980
+ B.S. Gordon (`ollez�(;. Wlnhilin, MA, 1994.
♦ M.l•.I), Springfield College, Springf uld, MA. 1987
♦ I.ice'lWd Real lstate Salesman/Broker CA, MA find PI,.
♦ Member I.C'.S.C. (International (btuicil of Shopping, Centers)
♦ Mcmhcr 1J.1. 1. (Urhan 1.111(l htslitnic)
♦ Mumlwr of the Business Developntonl Board of Palm Beach C:nnnty
JAN-22-09 THU 02:25 PM ASSET SPECIALISTS, INC. FAX NO. 5616898338 P. 06
Nathaniel.). Bray
Pago 'i'llive
SEMINARS
+ tl.L.l.: C'criilicatulRetilil l7cvclohmcnt/Redevelopntcnt
e LC-S.C. University: Cerlilicate Retail Develohilicnt
G Prnc:ticing I AW InSHWIC: LC1SC ?�Te.gotiatioils k Terms
BOARDS
4 Executive C onlmiltce riCononlic Nvelopmel1t Council ol*St. Lucic County
Ono term Treasurer, Currently Secretary
♦ Board or Advisors Keiser Univusity St. Lucie Campus
i C'hilirmnn I lit lilandcrs Club, Cordon College
PR(M',SSIQNAL SPEAKING ASSIGNMENTS
4 t l.i,.l. / LC.S,('. Ynunl; nrnlc�sions meeting
I;meq9int;'I'rends in 11ic TroaRurc Coast
NATHANIEL J. BRAY
7450 Liverpool Court, Boynton Beach, FL. (561) 880-8033
EMPLOYMENT HISTORY
ASSET SPECIALISTS, INC. West Palm Beach, Florida
President Real Estate and Business Development 2004 - present
I am responsible for all real estate development that the company ventures into from site acquisition,
government approvals, construction, leasing and refinancing. New development projects I have created:
♦ University Park: 112,000 sq. ft., three buildings, single -story, light industrial park in the City of Port
St. Lucie.
♦ Westview Plaza H: 45,000 sq. ft., three-story, class "A" office building in the City of Port St. Lucie
♦ Corporate Place at Tradition: 270,000 sq. ft,. 7 multi -floored, class "A" office buildings in the City
of Port St. Lucie.
♦ Self -Storage at Tradition: 120,000 sq. ft., multi -floored, self storage facility in the City of Port St.
Lucie.
Responsibilities included: site acquisitions, design and development, governmental approvals,
negotiating construction contracts, overseeing of all construction; weekly meetings, scheduling and
monthly payments, pre -leasing, negotiating all leases, overseeing all tenant improvements from design,
construction to tenant occupying.
I am overseeing the marketing and leasing of 650,000 sq. ft. of existing commercial assets from Palm
Beach County to St. Lucie County, Florida. I direct all print and internet media and directed all target
marketing efforts for new and existing properties. I also manage in-house sales professionals and assist
with their professional development and their sales and leasing efforts. I am actively involved in the day-
to-day operations of property management and tenant relations. Finally, I have been very successful in
broadening the Asset Specialists brand in the Palm Beach and Treasure Coast areas by my involvement
in the Economic Development Council of St. Lucie County and Keiser University and by my
commitment to community outreach. I have personally provided real estate and business expertise to
non-profit and government agencies at no cost.
THE STAUBACH COMPANY, Palo Alto, California
Senior Associate 1999 - 2003
Represented national and regional, corporate and retail tenants in their expansion plans throughout the
West Coast. Was responsible for the strategic planning of site selection and acquisitions. Negotiated all
land sales, ground leases, single and multi -tenant leases. Partial client list: retail tenants: Gap, Ross
Dress for Less, Beverages and More, Nations Rent, Storables, Staples and Rubio's Restaurant; corporate
tenants: Seven Corporation, Gore Technology, Good Technology, The Learning Company, Hyseq
Pharmaceuticals, Santa Clara County, PeopleSoft, Cadence, E*Trade, PSInet, Quantum, Danger, and
Bain & Company.
RUE -ELL ENTERPRISES, INC. PROPERTY DEVELOPMENT, Berkeley, California
Director of Sales, Marketing and Acquisitions 1996 - 1999
Successfully managed the marketing of a diverse portfolio of buildings throughout the San Francisco
Bay area. Approximately 80% of the portfolio were retail centers and 20% were office buildings.
Oversaw all facets of the marketing process: newspaper advertising, brochures, mailers to brokerage
community and tenants. Negotiated all lease transaction terms and lease agreement. Have led the efforts
with all property acquisitions from bank O.R.E.O. to leased shopping centers, single tenant buildings and
vacant buildings. Functioned as project manager determining the direction of obsolete buildings within
the portfolio and worked with the city governments, architects, contractors and potential tenants to
design, build and lease a building that is profitable for all parties.
♦ Led group of talented professionals creating an atmosphere that allows them the ability to excel in
their domain.
♦ Established retail tenant data bank monitoring both national and regional tenants
♦ Established a commercial real estate broker and agent data bank
♦ Managed all facets of the redevelopment process
♦ Organized and implemented the financing of redevelopment properties
♦ Oversaw property management
N ARCUS & NMLICHAP, Palo Alto, California
Commercial Real Estate Investment Broker 1993 -1996
Specialized in selling triple net lease investments in both single tenant and retail strip and in selling
distressed/value-added properties to clients. Tracked all national and regional tenants for sale -lease -back
possibilities or build to suit. Led the buying groups through the value-added process, i.e. leasing, tenant
improvements and retrofitting to strengthen the value of their investment. Through diversification
represented both buyers and sellers and performed multiple 1031 exchanges.
♦ Closed $14,500,000 in 14 plus transactions in sales of single tenant, multi -tenant retail and multi -
residential properties over the last three years.
♦ Exclusively represented several banks with selling their O.R.E.O. properties: Silicon Valley
Bank, California Bancshares, Lippo Bank, Topa Thrift and Loan, Bank of Tracy, Pacific Thrift
and Loan and Westside Bank
Nathaniel J. Bray
Page Two
SARATOGA INVESTMENT COMPANY, San Jose, California
Commercial Real Estate Investment Broker 1990 - 1993
Successfully developed a diverse client base in Commercial, Industrial and Retail, representing both
tenants and land owners, with a broad background in all phases of commercial real estate. In addition,
handled all aspects of triple net lease investments. Generated $2M in commercial real estate sales and
leased 50,000 sq.ft. of industrial and retail space during first year.
EDUCATION
♦ Westbrook High, Westbrook, ME, 1980
♦ B.S. Gordon College, Wenham, MA, 1984
♦ M.ED, Springfield College, Springfield, MA, 1987
♦ Licensed Real Estate Salesman CA, MA and FL.
♦ Member I.C.S.C. (International Council of Shopping Centers)
♦ Member U.L.I. (Urban Land Institute)
♦ Member of the Business Development Board of Palm Beach County
SEMIlVARS
♦ U.L.I.: Certificate Retail Development/Redevelopment
♦ I.C.S.C. University: Certificate Retail Development
♦ Practicing Law Institute: Lease Negotiations & Terms
#Z1,717.E
♦ Executive Committee Economic Development Council of St. Lucie County
♦ Board of Advisors Keiser University St. Lucie Campus
♦ Chairman Highlanders Club, Gordon College
PROFESSIONAL SPEAEJNG ASSIGNMENTS
♦ U.L.I. / I.C.S.C. Young professions meeting
♦ U.L.I. Emerging Trends in the Treasure Coast
JUN 2 6 2009
CO. ADVAiIIJ. OFFICE
St. Lucie County
Board of County Commissioners
Application for Serving on County Boards and Committees
Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees.
The minimum requirements for committee membership are:
• Must be a County resident
• Must not be related to another committee member, County Commissioner or County employee
involved with the committee of interest.
• Must not be employed by the same business entity as other committee members.
• Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees)
Note: Some committees have additional requirements; please inquire when submitting this application. In
addition, service on committees with planning, zoning or natural resources responsibilities may require
disclosure of financial interests.
Please complete the following information:
1. Please indicate the committee(s) you are interested in. See the list below. CH i Lb RFNt15C4v1 Cr. Cou N ctL
2. Name: �)J. ULXT S • C H AV BE Phone: 71Z- S9 J - S 9-19
3. Home address:
9'41"1 scAR60Rom44 COURT. 9c,R-t S-s.Lvc1E, FL- 3`t986
4. Which commission district do you live in?
DI ST R% c-r -
5. Business/Occupation P E DI Al RAC 1 SY 411R't R1 St
6. Business address:
'7d9 FOR-T Pl E RtC _ FL- 149 50
Brief resume of education & experience: (Please attach resume)
8. Do you currently serve on a county committees)?. If so, please list:
9. Why do you think you are qualified to serve on the committees) indicated?
SF. Ntb Me-N-tAL KH-L-TM %(-KF 11oRNL-P,*%Z be-uLy4NBN-tA1- PtR fee -t VE
U
v ta0 %Rs1a-oD , NIND F M- 9V 6 N1 L`t t 4NoRC-0 .
10. Would you consider serving on another board other than the one(s) stated above? (Please specify)
yES tF Uq-1 SQE LP- 9 wtcL gF
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y
hTAD HELP � S�F Ft<(t11��c, w i�H
tgCt��pc., IILN�.is
SIGNATURE: -GOUL
DATE: 6 — a4 _ eZ a 9
St. Lucie County Advisory Boards and Committee Citizen Appointments Available
Please check the committees you are interested in:
t1 Attainable/Affordable/Workforce Housing Task Force
t= Beach Preservation Task Force
17 Bicycle/Pedestrian Advisory Committee
tI Board of Adjustment
tl Central Florida Foreign -Trade Zone, Inc.
\. Y hildren's Services Council
11:1 Citizen's Budget Development Committee
13 Code Enforcement Board
22 Community Development Block Grant Citizen's Advisory Task Force (CDBG)
33 Comprehensive Economic Development Strategy (CEDS)
33 Contractors Certification Board
tt Cultural Affairs Council
,,W-farly Learning Coalition of St. Lucie County
13 Emergency Medical Services Advisory Council
ti Environmental Advisory Committee
13 Environmental Hearing Board
33 Fort Pierce Harbor Advisory Committee
13 Historic Preservation Committee
t3 Historical Commission
t1 Housing Finance Authority
tt Investment Committee
t1 Library Advisory Board
a Planning & Zoning Commission/Local Planning Agency
11 Recreation Advisory Board
• Restudy Coordination Committee
• Smart Growth Advisory Ad Hoc Committee
A Sustainability Ad Hoc Committee
U Tourist Development Council
tt Transfer of Development Rights (TDR) Advisory Ad Hoc Committee
tp-Treasure Coast Education & Research Development Authority
k,Y'Treasure Coast Health Council, Inc.
APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR
Submit to: St. Lucie County Administrator's Office, Missy Stiadle
2300 Virginia Avenue, Fort Pierce, FL 34982
Phone: (772) 462-1156
2
CURRICULUM VITAE
PERSONAL INFORMATION
Name
LALIT S. CHAUBE
Date of Birtb
January 14, 1965
Nationality
US Citizen
Visa Status
Naturalized Citizen
Address
9417 Scarborough Ct.
Port St.Lucie, FL 34986
Telephone No.
(772)595-5879
E-Mail
Lchaube@hotmaii.com
License Licensed in the State of FLORIDA (ME 88080)
Had prior Jicen.ses in Ohio,New York, and
Pennsylvania, currently inactive due to non renewal
D.EA Number. BC 6490762
PROFESSIONAL QUALIFICATIONS
• CERTIFIED BY AMERICAM BOARD OF PSYCHIATRY&
NEUROLOGY (ABPN) Certificate Number :51904
• FELLOWSHIP IN CHILD & ADOLESCENT PSYCHIATRY
Cleveland Clinic Foundation
Cleveland, Ohio
Completed on .lune 30, 2001
• RESIDENT IN PSYCIIIATJRY
Metro Health Medical Center
Cleveland, Ohio
Program of Case Western Reserve University
Completed on .lune 30, 1999
• M.D. (Doctor. of Medicine) in Psychiatry
King George's Medical College
University of Lucknow
Lucknow, U.P., Indira
Course completed November 1992
• M.B.B.S. (Bachelor of Medicine & Bachelor of Surgery)
King George's Medical College
University of Lucknow
Lucknow, U.P., India
Course completed April 1988
WORK EXPERIENCE
March 2006 to Present
• Working full time as attending Psychiatrist seeing adults Children and Adolescent
Psychiatrist at New Horizons of the Treasure Coast, Inc. wonting mainly out patient
clinic, at Fort Pierce, Stuart and Vero Beach, but have covered the Acute
stabilization unit, Short term Rehabilitation unit, FACT Team as well.
• September 2001 to Present
Working with Center for. Dispute Resolution, (CHDR-Maximus) as independent
reviewer, conducting Third party reviews, to resolve the disputes between providers,
consumers, and various private, Military and publicly funded healthcare plans.
July 2001 to March 2006
• Worked as Faculty in Child and Adolescent Psychiatry, at University of
Rochester's Strong Memorial Hospital, Rochester, NY as Assistant Professor
and worked on the inpatient unit as Medical Director. Worked with Child &
Adolescent Psychiatry Fellow, General Psychiatry resident, Psychology interns
and Medical student from the University of Rochester's Medical school. Team
leader, working with Nurse Practitioners, social Workers, Nurses, teachers and
was Responsible for Clinical care, administrative and leadership of acute services
in Child and Adolescent Psychiatry. As well as participating in outpatient
Psychopharmacology Clinic. (Chairman- Dr. Eric D. Cain)
July 1999 to June 2001
0 Fellowship in Child & Adolescent Psychiatry ( Program Director:
Dr.Katblecn Quinn) at Cleveland Clinic Foundation, Cleveland, Ohio.
Completed two years of Fellowship training during which I have done 6 months
of inpatient rotation, where I was responsible for performing Diagnostic
evaluations, daily follow ups, medication management, family meetings and crisis
management, and interacting with social worker, nursing as well as Para nursing
staff. Consult and Liaison rotation (S months), Out patient rotation (12 months)
concurrently with other rotations, doing urgent /scheduled evaluation as well as
evaluations in the emergency room., and doing regular follow up, for medication
management as well as for Psychotherapy. Regularly and actively involved in
case conferences, seminars, grand rounds, joumal clubs and movie clubs.
• Attending in Adult Psychiatry (Moonlighting) at St. Vincent's Charity
Hospital, worked in the psychiatric Emergency room, performing Diagnostic
assessment, crisis evaluations, and managing the patients on 23-hour observation.
Working with. Mobile crisis team, and various social agencies including Law
enforcement, crisis shelters. (September 2000 to June 2001)
Attending in Adult Psychiatry (Moonlighting) at Massillon state Psychiatric
hospital (approximately 150 bedded Hospital) providing Inpatient psychiatric and
medical services on the weekends.( January 2000 to June 2000)
• Attending in Adult Psychiatry (Moonlighting) at Portage Path Emergency
Services, Akron, Ohio, Providing Emergency psychiatry evaluation, Crisis
management, and inpatient Psychiatric services to the 16 bedded Crisis
stabilization unit. Working with number of area hospitals, Law enforcement and
community/ social agencies to provide mental health services to their patients as
well.(October 1999 to June 2001)
• Attending in juvenile prison (Moonlighting) at Ohio Boy's School, Cleveland,
Ohio. Performing diagnostic evaluations, Medication management, and Crisis
evaluations for the inmates. Working with Psychologist, Social worker, and
Nursing staff.(October 1999 to January 2000)
JWY,1996 to June 1999
• RESIDENT IN PSYCHIATRY (Program Director: Dr. John E. Dunn) at
MetroHeal.th Medical Center, Cleveland, Ohio. Completed PGY-I to PGY-III and
have rotated through primary care (4 months), Neurology (2 months), and have
done inpatient Psychiatry at MetroHealth Medical. Center and at North Coast
Behavioral Health Care System, North Campus (CPI), where I interacted with
whole spectrum of patient, and was responsible for their. inpatient work up,
Diagnosis and Management. I have rotated through Consultation & Liaison
Psychiatry, Child Psychiatry Consults, Child Psychiatry inpatient at St. Luke
Medical Center with Dr. Richard Lightbody, Chemical Dependency with Dr. John.
Dunn, which included Diagnosis and Management of various Psychoactive
substance use/abuse/dependence, management of withdrawal/detoxification, and
Rehabilitation, Out Patient Psychiatry, where I was following approximately 70
outpatients, under indirect supervision, and was responsible for providing care to
those patients including, medical management, psychotherapy (short term/long
tern), grief therapy, behavioral therapy. I also worked in the Evening Mental
Health Clinic where I was independently responsible for providing care to
approximately 60-70 out patients. I have rotated through Emergency Psychiatry,
and Partial Hospital Psychiatry. Have taken calls for Psychiatry for two years,
during which I was responsible for management of inpatient unit, providing
emergency consults to medical/surgical floors, and covering the Emergency
Room, and have interacted with Mental Health Services, Mobile Crisis team and
other mental health and social service agencies. Have performed Electro
Conclusive Treatment with Dr. S. Ruedrieh and Dr. John Dunn. Psychotherapy,
Grief therapy, Crisis intervention., and Behavioral Therapy.
Have participated regularly and actively in Grand Rounds, Case Conferences,
Journal Clubs, Discussion groups and other academic activities. Did participate in
Psychoanalysis course conducted by Cleveland Psychoanalytic Institute, under the
guidance of Dr. R. Lightbody, M.D. and Dr. R. Corradi, M.D.
October 1992 to June 1996
• Migrated to USA, Passed USMLE I, II, ,and applied to various residency programs,
and Matched to Metro health Medical center, Case Western Reserve University,
Cleveland ,Ohio.
October,1989 to October,1992
• POST GRADUATE TRAINING IN PSYCHIATRY( Head of the
Department : Prof Anil K. Agarwal) (Three years) at Department of Psychiatry,
Gandhi Memorial and Associated Hospital of King George's Medical College,
Lucknow, India. It is a 200 bedded hospital with 140 beds in Adult Psychiatry
ward, 30 beds in Child & Adolescent war, 20 beds in De -addiction ward, 10 beds
in private Psychiatry ward, and 6 beds in Emergency Psychiatry ward. The
postgraduate period included resident training in patient care, Out -patient worlup
and management, In -patient workup, management & care, working in child &
Adolescent unit De -addiction and Adult Psychiatry unit, initially supervised and
later independent. It also included training in various diagnostic and therapeutic
procedures (venipuncture, arterial catheterizaion, lumbar puncture pentohal
abreaction, Electro-convulsive therapy, Psychotherapy, behavior therapy and
Biofeedback). During this period I was also posted as Emergency Medical
officer, taking care of patients attending Emergency Psychiatric Services &
Domiciliary Psychiatric services and attending various inter -departmental
Psychiatric consults.
During the Post Graduate training period I also undertook a research project for
my M.D. Thesis; `A Double Blind Study of Fluoxetine and Trazodone in
Obsessive Compulsive Disorder' in which I studied the efficacy of medications
and its correlation with platelet 5-HT reuptake blockage. This thesis was
submitted to University of Lucknow, India for Degree of. Doctor of Medicine
(M.D.) in Psychiatry.
Regular involvement in various case conferences, seminars, journal clubs, state
and national level conferences as a part of continuing medical education activities
in the department.
4
July.1988 to_Jane 1989
• ROTATING INTERNSHIP (One year) at Gandhi Memorial & Associated
Hospital of King George's Medical College, Lucknow, India. During this period,
residing in hospital campus, attending emergencies and night calls in the subjects
of Medicine, Surgery, Obstetrics & Gynecology and Social, & Preventive
Medicine, including Rural Health, Family and Post Partum. Program, Pediatrics,
Immunization, Radiodiagnosis and Skin & Venereal Diseases.
TEACHING EXPERIENCE
July, 2001 to March 2006
r As a Teaching Faculty, responsible for teaching, Child Psycbiatry Fellows,
General Psychiatry Resident, and Medical students, on the inpatient Child &
Adolescent Psychiatry unit. Working with Residents and Medical Students in the
Out Patient Psychopharmacological clinic. I was co -director of Psychopathology
and Psychopharmacology seminar, for Child Psychiatry Fellows.
Julv,1999 to June, 2081
r As a Resident Fellow and Chief Resident in Child & Adolescent Psychiatry, I
was involved in the teaching of medical students and the residents of Adult
Psychiatry residency program at the Cleveland Clinic Foundation. Conducted a
brief review of Adolescent psychopharmacological issues with Family Practice
residents from Fairview Hospital, and Pediatric residents from. Cleveland clinic
Foundation, Cleveland, Ohio.
July,1.996 to June,1999
• As a Resident in Psychiatry, & as Senior Resident on inpatient units, I was
involved in teaching of residents and medical students as part of my Post
Graduate training at MetroHealth Medical Center at Cleveland, Ohio. Which
include demonstration of mental status signs, bed -side teaching, and Patient
diagnosis & management.
October 1989 to October 199z
• As Postgraduate Student in Psychiatry, I was involved in the teaching of
undergraduate medical students, intems and nursing personnel about various
aspects of Psychiatry and Patient Management.
EXTRA CURRICULAR ACTIVITIES
• Starting a Electronic Summary(CNS), to provide updates on Clinically relevant
Psychopharmacological articles to the M.D,NP and trainees in the Rochester area
With plan to include other providers Nation wide,
• Appointed CHIEF RESIDENT in Child and Adolescent Psychiatry in the second
year of Fellowship, performing various Administrative, and Academic functions.
• Have an AWARD named after my name called "CHAURE AWARD" to be
given annually to a resident in adult Psychiatry, at Metro Health Medical Center.
Cleveland, Ohio.
• Resident Representative in Membership Committee of Ohio Psychiatric
Association (1997-98).
• Resident Representative in. Membership Continuing Medical Education
Committee at MetroHealth. Medical Center (1997-99).
• Was member of O.P.A. Disaster Relief Force during the flood in Cincinnati and
Kentucky in March '97 and participated in relief work
• Was speaker at Grand Round at CPI "Treatment of Refractory
Sebizophren ia"(1996)
• Was involved in Community Screening Program for Obsessive Compulsive
Disorder, which was sponsored by Cleveland Psychiatry Society for which i
received a Certificate of Appreciation by then President of the Society Dr. Dunn,
• Honored at the U.S. Psychiatric & Mental Health Congress (2001) as Eli Lilly
Fellow, on the recommendation of the Director of Fellowship training.
RESEARCH EXPERIENCE
• Principal investigator through CAPTN(Site#410) for multicentric medication
Trials on the Inpatient Child and Adolescent Units. (2005)
• M.D. Thesis: A Double Blind Study of Fluoxetine and Trazodone in Obsessive
Compulsive Disorder.
• Participated in W.H.O.'s field trial of Eteperidone and Centpropazine
• Attended the Eli Lilly Start up meeting as sub investigator for 01anzapine versus
Valproie acid in acute Mania study, in October 1998. 1 did not participate in the
study, because of the completion of my residency training in June-99.
• Project in evolution: Adolescent Suicide attempters - l year follow up study.
• Project in evolution : Psychiatric morbidity in juvenile prison -- A study of Risk
Factors
• Project in evolution: (Dream Project) Immune Profile in Mood disorders- Trait Vs
State marker.
PROFESSIONAL ORGANIZATIONS
• Ex -Member of American Psycbiatric Association
• Member of American association of Child and Ado]. Psychiatrist
• Ex -Member of Ohio Psychiatric Association
• Ex -Member of Cleveland Psychiatric Society
RECEIVED
CO. ADMINISTRNI N
St. Lucie County
Board of County Commissioners
Application for Serving on County Boards and Committees
Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees.
The minimum requirements for committee membership are:
• Must be a County resident
• Must not be related to another committee member, County Commissioner or County employee
involved with the committee of interest.
• Must not be employed by the same business entity as other committee members.
• Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees)
Note: Some committees have additional requirements; please inquire when submitting this application. In
addition, service on committees with planning, zoning or natural resources responsibilities may require
disclosure of financial interests.
Please complete the following information:
1. Please indicate the committee(s) you are interested in. See the list below.
2. Name: 64 / rfbQ U) - C D (- FLAN C _Phone:.-r. / - 70 7- 2-4/L/!2
3. Home address:
!8 3Y sup GYCc.E Si Po rZ i slf ilyT L uU[� , F-L 3 tf yS3
4. Which commission district do you live in?
DisT2lr-i 3
5. Business/Occupation Z. A-1V D _ru p_vc yob'
6. Business address:
32 5C= D sc-�o�� sT $7E Z3 57614e77 FL 99�f
7. Brief resume of education & experience: (Please attach resume)
7-0 y Eka S L A ND sy 21/ &�viN ta XkPAIC'-1 XCE S/.c�t�J 0�0 �t U G S�✓�tr o�u
G
8. Do you currently serve on a county committee(s)? If so, please list:
ND
9. Why do you think you are qualified to serve on the committee(s) indicated?
rfrEP�.�c�.c�..c> � � e � /•cJ Piz. � �,erc� �o cvus�'��, .� E-�u �s�
q b U wA.6Q
10. Would you consider serving on another board other than the one(s) stated above? (Please specify)
_I -�'T SOS,raI,4-o/Gi2;V
11. Comments:
St. Lucie County Advisory Boards and Committee Citizen Appointments Available
Please check the committees you are interested in:
U Attainable/Affordable/Workforce Housing Task Force
33 Beach Preservation Task Force
• Bicycle/Pedestrian Advisory Committee
• Board of Adjustment
31 Central Florida Foreign -Trade Zone, Inc.
33 Children's Services Council
U Citizen's Budget Development Committee
33 Code Enforcement Board
23 Community Development Block Grant Citizen's Advisory Task Force (CDBG)
33 Comprehensive Economic Development Strategy (CEDS)
33 Contractors Certification Board
33 Cultural Affairs Council
L3 Early Learning Coalition of St. Lucie County
33 Emergency Medical Services Advisory Council
33 Environmental Advisory Committee
33 Environmental Hearing Board
n Fort Pierce Harbor Advisory Committee
n Historic Preservation Committee
33 Historical Commission
L1 Housing Finance Authority
U Investment Committee
U Library Advisory Board
J* Planning & Zoning Commission/Local Planning Agency
13 Recreation Advisory Board
U Restudy Coordination Committee
ti Smart Growth Advisory Ad Hoc Committee
33 Sustainability Ad Hoc Committee
• Tourist Development Council
• Transfer of Development Rights (TDR) Advisory Ad Hoc Committee
Treasure Coast Education & Research Development Authority
33 Treasure Coast Health Council, Inc.
APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR
Submit to: St. Lucie County Administrator's Office, Missy Stiadle
2300 Virginia Avenue, Fort Pierce, FL 34982
Phone: (772) 462-1156
2
QUALIFICATIONS SUMMARY
MR. CULHANE IS A REGISTERED LAND SURVEYOR WITH 20 YEARS
EXPERIENCE THROUGHOUT THE UNITED STATES, INCLUDING GEODETIC,
BOUNDARY, R/W, GPS, COMMERCIAL, RESIDENTIAL, TRANSPORTATION
DESIGN, CONSTRUCTION LAYOUT, AND SUBDIVISION PLATTING. EXPERI-
ENCE INCLUDES SURVEY MANAGER, PROJECT SURVEYOR, MARKETING
AND BUSINESS DEVELOPMENT. HE HAS WORKED ON NUMEROUS CON-
STRUCTION PROJECTS, SUBDIVISIONS, ROADS, COMMERCIAL, INDUSTRIAL
AND AREA IMPROVEMENTS THROUGHOUT FLORIDA, NEW JERSEY AND
PENNSYLVANIA. PROFESSIONAL EXPERIENCE AND CURRENT WORKLOAD -
CONSISTS OF CURRENT OWNER / VICE PRESIDENT, SURVEY MANAGE-
MENT, PRODUCTION AND QA/QC. HIS EXPERTISE INCLUDES GPS, GPS
MACHINE CONTROL, HYDROGRAPHIC, DIGITAL TERRAIN MODELING,
ROBOTICS, AND PRECISE LEVELS. MR. CULHANE HAS ALSO RECEIVED
TRAINING THROUGH NORTHWESTERN UNIVERSITY IN TRAFFIC CRASH AND
VEHICLE DYNAMICS. MR. CULHANE HAS UTILIZED THIS TRAINING AS A
CERTIFIED POLICE OFFICER TO COLLECT DATA AND PRODUCE SCALE
DRAWINGS ALONG WITH OTHER INVESTIGATIVE TOOLS TO BE USED AS
EVIDENCE IN THE ADJUDICATION OF SERIOUS AND FATAL MOTOR VEHICLE
CRASHES.
MR. CULHANE'S EXTENSIVE SURVEY EXPERIENCE INCLUDES PROFICIENCY
WITH MANY DATA COLLECTION, CAD AND COORDINATE GEOMETRY
SOFTWARE APPLICATIONS INCLUDING MICROSTATION, TRIMBLE
TERRAMODEL, TRIMBLE GEOMATICS OFFICE, TRIMBLE SITEVISION, CYRA
TECHNOLOGIES CYCLONE, AUTODESK CIVIL 30 AND REVIT.
NOTABLE PROJECTS
'DEPARTMENT OF HOMELAND SECURITY - SBINET - US ! MEXICO BORDER, FULL SITE
SURVEYS AND COMPLETE 3D MODELING VIA LASER SCANNING, AND CONVENTIONAL
SURVEY OF ALL PORTS OF ENTRY, BORDER PATROL STATIONS, BOTH INTERIORS AND
EXTERIORS. FULL ROADWAY AND TOWER SITE SURVEYS, HYDROLOGIC DATA COLLECTION
FOR OVER 600 MILES OF ACCESS ROADS /WASHES, AND +/-1 50 PROPOSED TOWER
SITES, SOUTHWESTERN, US
'PALM BEACH AGGREGATES - HYDROGRAPHIC SURVEY, DREDGE SUPPORT, FINAL ASBUILTS
FOR SFWMD LB RESERVOIR, PALM BEACH COUNTY, FL
-CEMEX USA- FEC QUARRY, HYDROGRAPHIC SURVEY,MAPPING, QUANTITIES, MIAMI, FL
-HARRAH'S CASINO, ATLANTIC CITY, NEW JERSEY, ANNUAL UPDATE SURVEY AND
STRUCTURAL MONITORING.
'ATLANTIC CITY RAIL TERMINAL, ATLANTIC CITY, NEW JERSEY, INDEPENDENT PIER AND
ANCHOR BOLT LOCATIONS.
•BURLINGTON COUNTY LANDFILL, COLUMBUS, NEW JERSEY, EXTENSIVE SOLID WASTE
TRANSFER STATION LAYOUT
'WILLS EYE HOSPITAL, PHILADELPHIA, PENNSYLVANIA, VERTICAL PARKING GARAGE
EXPANSION.
'SCHOOL OF THE ARTS, PHILADELPHIA, PENNSYLVANIA, BUILDING FACtADE RETROFIT.
•ACOE/FEMA PENSACOLA, FLORIDA, 9 SEPARATE TEMPORARY HOUSING SITES. GPS
CONTROL, CONSTRUCTION LAYOUT, VOLUMES, QUANTITIES, SITE DESIGN AND STRUCTURAL
AS-BUILTS.
-ALOE/FEMA ARCADIA, FLORIDA, TEMPORARY HOUSING SITE AND OFFSITE ROUTE SURVEY
FOR SANITARY SEWER EXPANSION PROJECT. GPS CONTROL, CONSTRUCTION LAYOUT,
VOLUMES, QUANTITIES, SITE DESIGN AND STRUCTURAL AS-BUILTS.
•ACRE/FEMA ARCADIA, FLORIDA, EXTENSIVE BOUNDARY AND ROUTE SURVEY FOR
"BRANTLEY , A PROSPECTIVE FEMA SITE.
-ACRE/FEMA STUART. FLORIDA, EXTENSIVE BOUNDARY AND UTILITY AS-13UILT SURVEY
FOR "SUNSHINE MOBILE", A PROSPECTIVE FEMA SITE.
•ALOE/CLARK CONSTRUCTION, HUNTER ARMY AIRFIELD, SAVANNA, GEORGIA, MODULAR
BARRACKS EXPANSION. GPS CONTROL, CONSTRUCTION LAYOUT, VOLUMES, QUANTITIES,
SITE DESIGN, STRUCTURAL AS-SUILTS AND DIGITAL TERRAIN MODELING FOR GPS MACHINE
CONTROL.
'PALM BEACH AGGREGATES, LOXAHATCHEE, FLORIDA, CONSTRUCTION LAYOUT AND
MONITORING, SITE DESIGN, VOLUMETRIC SURVEYS, DIGITAL TERRAIN MODELING FOR GPS
MACHINE CONTROL FOR LARGE SCALE CONCRETE LEVEE PROJECT AND MASS FILL OPERA-
TION.
E
T
St. Lucie County
Board of County Commissioners
Application for Serving on County Boards and Committees
Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees.
The minimum requirements for committee membership are:
• Must be a County resident
• Must not be related to a County Commissioners or County employee involved with the committee
of interest.
• Must not be employed by the same business entity as other committee members.
• Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees)
Note: Some committees have additional requirements; please inquire when submitting this application. In
addition, service on committees with planning, zoning or natural resources responsibilities may require
disclosure of financial interests.
Please complete the following information:
1. Please indicate the committee(s) you are interested in. See the list below.
2. Name: Derrick Dukes
3. Phone: Cell:561-262-0290
4. Home address:
2217 SW Newport Isles Blvd. PSL, FL 34952
5. Which commission district do you live in?
District 5 — Chris Craft
6. Business/Occupation Sustainable Contractor / LEED AP
7. Business address:
1 Harvard Circle WPB FL 33401
8. Brief resume of education & experience: (Please attach resume)
Project Manager for several LEED Certified Proiects over 150,000 sq ft. Single & Multi -
Family Builder for over 7 years. Commercial / K12 & Higher Education Contractor for over 4
years. LEED AP / LEED Homes . Electrical Engineer, Naval Officer and a resident of Saint
Lucie County for over 5 years
9. Do you currently serve on a county committee(s)? If so, please list:
No I do not.
10. Why do you think you are qualified to serve on the committee(s) indicated?
I am an active & concerned citizen of the county and city, I am a professional building,
residential and commercial for over 15 years. 1 am certified and experienced in green
building and sustainability. Most of all, I care about my home, my future, my children's
future, the businesses, the community and it's residents.
11. Would you consider serving on another board other than the one(s) stated above? (Please specify)
Yes, However I am primarily interested in those I have outlined
12. Comments:
_I thank you for the opportunity to
apply.
SIGNATURE:
DATE: June 9, 2009
St. Lucie County Advisory Boards and Committee Citizen Appointments Available
Please check the committees you are interested in:
tt Attainable/AffordableMorkforce Housing Task Force
ti Beach Preservation Task Force
tt Bicycle/Pedestrian Advisory Committee
= Board of Adjustment
It Central Florida Foreign -Trade Zone, Inc.
13 Children's Services Council
33 Citizen's Budget Development Committee
12 Code Enforcement Board
ti Community Deve/ooment Block Grant Citizen's Advisory Task Force (CDBGI - 51h Choice
12 Comprehensive Economic Development Strategy (CEDS)
33 Contractors Certification Board
13 Cultural Affairs Council
ti Early Learning Coalition of St. Lucie County
Lt Emergency Medical Services Advisory Council
13 Environmental Advisory Committee - 3rd Choice
* Environmental Hearing Board
ti Fort Pierce Harbor Advisory Committee
tt Historic Preservation Committee
ti Historical Commission
tt Housing Finance Authority
ti Investment Committee
tt Library Advisory Board
Plannina & Zoning Commission/Local Plannina Agency - 4m Choice
ti Recreation Advisory Board
33 Restudy Coordination Committee
t2 Smart Growth Advisory Ad Hoc Committee
U Sustainabdity Ad Hoc Committee - 1! Choice
ti Tourist Development Council
11 Transfer of Development Rights (TDR) Advisory Ad Hoc Committee
U Treasure Coast Education & Research Develooment Authority (TCERDA -2 d Choice
tt Treasure Coast Health Council, Inc.
2
H Value Adjustment Board
APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR
Submit to: St. Lucie County Administrators Office, Missy Stiadle
2300 Virginia Avenue, Fort Pierce, FL 34982
Phone: (772) 462-1156
Jl , .11
St. Lucie County
Board of County Commissioners
Application for Serving on County Boards and Committees
Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees.
The minimum requirements for committee membership are:
• Must be a County resident
• Must not be related to another committee member, County Commissioner or County employee
involved with the committee of interest.
• Must not be employed by the same business entity as other committee members.
• Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees)
Note: Some committees have additional requirements; please inquire when submitting this application. In
addition, service on committees with planning, zoning or natural resources responsibilities may require
disclosure of financial interests.
Please complete the following information:
1. Please indicate the committee(s) you are interested in. See the list below.
2. Name: (A1 Phone: 'ri q 263 I G
3. Home address:
4. Which commission district do you live in?
15�iG�
5. Business/Occupation �1 ��� t—► 1�' `�1,
6. Business address:
7. Brief resume of eNcation&exxperience: (Please attach resume)
8. Do you currently serve on a county committee(s)? If so, please list:
no
9.
—
10. Y�ould you consider servir)q on another board other than the-1
11. Comments:
St Lucie County Advisory Boards and Committee Citizen Appointments Available
Please check the committees you are interested in:
�e[Jw
_ab_e?'(Please specify)
Lt Attainable/Affordable/Workforce Housing Task Force
U Beach Preservation Task Force
`/-J Bicycle/Pedestrian Advisory Committee
U Board of Adjustment
13 Central Florida Foreign -Trade Zone, Inc.
n Children's Services Council
tt Citizen's Budget Development Committee
13 Code Enforcement Board
11:1 Community Development Block Grant Citizen's Advisory Task Force (CDBG)
13 Comprehensive Economic Development Strategy (CEDS)
t3 Contractors Certification Board
Cultural Affairs Council
ri Early Learning Coalition of St. Lucie County
• Emergency Medical Services Advisory Council
• Environmental Advisory Committee
• Environmental Hearing Board
13 Fort Pierce Harbor Advisory Committee
13 Historic Preservation Committee
Lt Historical Commission
12 Housing Finance Authority
Lt Investment Committee
13 Library Advisory Board
13 Planning & Zoning Commission/Local Planning Agency
* Recreation Advisory Board
* Restudy Coordination Committee
n Smart Growth Advisory Ad HocIpommittee
U Sustainability Ad Hoc Committee
13 Tourist Development Council
p Transfer of Development Rights (TDR) Advisory Ad Hoc Committee
Treasure Coast Education & Research Development Authority
Treasure Coast Health Council, Inc.
0?,4c \90&g Qmrske- 7
APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR
Submit to: St. Lucie County Administrator's Office, Missy Stiadle
2300 Virginia Avenue, Fort Pierce, FL 34982
Phone: (772) 462-1156
2
Mary Lou Stant-Reppy
211 Olive Avenue
Port Saint Lucie, FL 34952
772-631-9216
maryloureppy@yahoo.com
Summary of Qualifications
➢ Experienced Information Management professional with abilities in performing thorough workflow analysis and
ensuring results through documentation, reports, and training.
➢ Results -oriented, with strong customer service commitment skilled in automating functions to increase work
productivity.
Analytical performer who applies strong technical skills to accurately trouble shoot and resolve problems.
➢ Effective communicator adept in multiple database reporting tools, documentation writing and training.
➢ Consensus building team leader.
➢ Proficient in use of most microcomputer hardware and software applications, as well as AS/400.
Professional Experience
LIBERTY MEDICAL SUPPLY, Port Saint Lucie, FL
Human Resources Information Systems Analyst II September 2007- Present
➢ Responsible for the evaluation, analysis, design, and maintenance of company Human Resources Information
Systems (HRIS) and for the administration, liaison and coordination of human resources systems projects in
meeting all professional standards for human resources and systems development and implementation.
HARTFORD BOARD OF EDUCATION, Hartford, CT
Human Resources Information Systems Manager 2002-June 2006
➢ Promoted to Manager of Human Resources Information Systems and reported to the Director of Human
Resources.
➢ Provided the catalyst and structure for automating and streamlining certain payroll functions.
➢ Wrote documentation for new hire procedures and trained staff.
➢ Designed the reporting database relied on by Human Resources, Payroll and Budget.
➢ Streamlined multiple information collection and dissemination processes.
➢ Initiated new ways of electronic storage and retrieval of information.
➢ Developed positive relationships with State and Federal agencies to facilitate accurate and timely
compensation reporting and analyses.
➢ Supervised the staff who were responsible for all employee personnel files, information requests from external
and internal sources, greeting visitors and answering the main switch board as well as setting up new employees
for payment and union membership.
➢ Coordinated the collection of information from multiple departments within the Board of Education and
produced reports for upper level management, government agencies and co-workers on compensation,
certification and union related matters.
Human Resources Information Systems Analyst 2000-2002
A team player on the successful wide scale conversion of Accounting, Payroll and Human Resources software
for the City of Hartford, its Board of Education, Pension Department and Public Library system.
➢ Streamlined and updated the process for collecting information from multiple sources and disseminating to
various departments within the Board of Education as well as various government agencies, in a timely and
accurate fashion.
➢ Expanded skill set to interact with various Windows operating systems and write ad hoc queries using the
Microsoft Office Suite of software.
Mary Lou Reppy Page 2
NORTH PALM BEACH PUBLIC LIBRARY, North Palm Beach, FL 1998-1999
Library Ca taloquer
➢ Gained understanding of computerized system to ensure continued functionality and prevent interruption of
operations.
➢ Trained library employees in use of cataloging software and library management program.
➢ Installed and maintained hardware and software.
THE TOWN OF PALM BEACH, Palm Beach, FL 1993-1997
Information Systems Specialist
➢ Evaluated software and hardware products, conducted tests and made recommendations for purchase of
personal computer and AS/400 hardware and software in Client/Server environment.
➢ Coordinated staff training, developed curriculum and user manuals and conducted classes to instruct employees
in the use of new technology.
Installed, configured and maintained computer hardware and software.
➢ Tracked new computer requisitions to ensure appropriate fulfillment of staff needs.
➢ Provided hardware and software support to end users, interacted with all branches of municipal government
and all levels of employees.
➢ Designed queries and reports to assist with accounting, payroll, inventory control and help desk functions.
➢ Maintained computerized tracking system for help desk activities, planned and administered software updates
to maintain state of the art technology.
➢ Sustained connectivity of AS/400 display stations, printers and personal computers connected through Client
Access, to effectively prevent downtime.
➢ Managed computerized inventory database of hardware and software, and conducted audits to verify exact
numbers and locations of equipment.
➢ Participated on the disaster recovery team and served as on -call technician during hurricanes.
EARLY EXPERIENCE
HOSPITAL STAFFING SERVICES, Fort Lauderdale, FL 1992-1993
Help Desk Coordinator
NEW ENGLAND INSTITUTE OF TECHNOLOGY, WPB, FL 1990-1991
Instructor
BUSINESSLAND, Miami and Fort Lauderdale, FL 1989-1990
Trainer
SELF-EMPLOYED, Palm Beach Gardens, FL 1985-1989
Systems Analyst
EbUCATION
B.S., Business Administration, Georgetown University, Washington, O.C.1981
REFERENCES
George Gentile - Businessman in Jupiter, FL 561-575-9557
Jan Lippitt - PR Manager HBOE 860-695-8488
Sue Eichhorn- Town Clerk TOPB 561-838-5416
St. Lucie County
Board of County Commissioners
Application for Serving on County Boards and Committees
Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees.
The minimum requirements for committee membership are:
• Must be a County resident
• Must not be related to another committee member, County Commissioner or County employee
involved with the committee of interest.
• Must not be employed by the same business entity as other committee members.
• Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees)
Note: Some committees have additional requirements; please inquire when submitting this application. In
addition, service on committees with planning, zoning or natural resources responsibilities may require
disclosure of financial interests.
Please complete the following information:
1. Please indicate the committee(s) you are interested in. See the list below.
2. Name: JPsan Gyh ce-le,- Phone: 779 - 970 - -37 % /
3. Home address:
4. Which commission district do you live in?
5. Business/Occupation 1-4- / vctt' , Sizo.0 '� �� e
6. Business address:
Brief resume of education & experience: (Please attach resume)
8. Do you currently serve on a county committee(s)? If so, please list:
Why do you think you are qualified to serve on the committee(s) indicated?
10. Would you consider serving on another board other than the one(s) stated above? (Please specify)
rr .E'c.,e On #15�o7y d opt ,L of
11. Comments: /
L L!/F V la Al /G P /V 6e-
SIGNATU
DATE:
St Lucie County Advisory Boards and Committee Citizen Appointments Available
Please check the committees you are interested in:
0" Attainable/Affordable/Workforce Housing Task Force
,d Beach Preservation Task Force
Ii Bicycle/Pedestrian Advisory Committee
,Sr Board of Adjustment
;t Central Florida Foreign -Trade Zone, Inc.
-W Children's Services Council
,ICE Citizen's Budget Development Committee
,W Code Enforcement Board
AS- Community Development Block Grant Citizen's Advisory Task Force (CDBG)
,W Comprehensive Economic Development Strategy (CEDS)
.4f Contractors Certification Board
Af Cultural Affairs Council
,a Early Learning Coalition of St. Lucie County
AT Emergency Medical Services Advisory Council
X Environmental Advisory Committee
Al Environmental Hearing Board
13 Fort Pierce Harbor Advisory Committee
12 Historic Preservation Committee
33 Historical Commission
�tf Housing Finance Authority
Investment Committee
LI Library Advisory Board
,t Planning & Zoning Commission/Local Planning Agency
II Recreation Advisory Board
U Restudy Coordination Committee
Smart Growth Advisory Ad Hoc Committee
Ott Sustainability Ad Hoc Committee
tt Tourist Development Council
.ti Transfer of Development Rights (TDR) Advisory Ad Hoc Committee
A- Treasure Coast Education & Research Development Authority
.,U Treasure Coast Health Council, Inc.
APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR
Submit to: St. Lucie County Administrator's Office, Missy Stiadle
2300 Virginia Avenue, Fort Pierce, FL 34982
Phone: (772) 462-1156
PA
Jason H. Wheeler
649 S.E. Forgal Street
Port St. Lucie, Fl. 34983
Home: 772-224-2691
Cell: 772-370-2771
E-mail: jaylon0oard220jive.com
Summary of Professional Qualifications
0 Experienced manager with expertise in human relations and project
management
0 Staff training and development
• Superb written and oral communication skills
• Organizational and Strategic Planning
0 Management Coaching
10 Contract negotiation and compliance
0 Accreditation Manager for St. Lucie County Sheriffs Office
Accredited in Florida Corrections Accreditation Commission
Accredited Florida Model Jail Standards
Accredited National Commission of Corrections Health Care
0 Drafting Policy and Procedure
0 Multi -task scheduling
• Florida Department Law Enforcement high liability Instructor
• State Inspector for Florida Model Jail Standards
• State Assessor for Florida Corrections Accreditation Commission
0 18 years experience in Law Enforcement
Professional Affiliations
• Standard review committee for Florida Corrections Accreditation Commission
• Fla-Pac committee member (Florida Police Accreditation)
• United Way contributor
Professional Experience
• Accreditation Manager for St. Lucie County Sheriffs Office from October of 2005
to present. In my current position I ensure the department keeps its accredited
status with Florida Corrections Accreditation Commission, Florida Model Jail
Standards, National Commission of Correctional Health Care. Update and create
new policies and procedures, work with outside contract vendors. I also assist the
department with implementation of programs for inmate services. I am also
working to assist the budget and fiscal services in the Inmate Well -fare fund.
• St. Lucie County Sheriffs Office Transportation Unit from March 2003 to
October 2005. Conducting pickups and drop offs state wide. I would also assist in
daily operations of the courthouse.
• Jail Operations deputy from April 2000 till March 2003. Care, custody and control
are your main responsibilities. I would supervise inmates in Feeding, Laundry,
School, Recreation and Chapel services.
• Dean of student services for Washington County School Board in Okeechobee
County at the State Boys Rehabilitation Center (EYDC) from 1990 till April 2000.
In this job I helped with all student services and worked as a liaison for the two
departments Washington County School Board and Eckerd Youth Development
Center.
Education
The following is a list of classes or certification I have received at
either IRSC or Ashland State College. At present time I am working
on a degree in Business Administration.
• Officer Stress Management
• Crimes against the elderly
• Security Threat Groups
• Cult & Deviant Groups
• Crime Scene Technician
• Emergency Corrections Officer
• Field Training Technician
• Introduction to corrections
• Rules of Evidence
• Introduction to the courts
• Line Supervision
• Instructor Techniques
• Sex Crimes Investigator
• Middle Management
• Driving Instructor
• Firearms Instructor
• First Responder
• Correction Officers State Certification (800 credit hours)
• Defensive Tactics
• Intro to Business
• Intro to Civics
Personal References
• Sheriff Ken J. Mascara #772-462-3200 SLSO
• Major F. Patrick Tighe #772-462-3396 SLSO
• Major S. Ruether #772-462-3257 SLSO
• Captain Pat Walsh #772-462-3400 SLSO
• Will Armstead #772-462-3421 Aramark Director
• Jennifer Mann -Matteson #772-879-4804 St. Lucie School District
• John Crawford
• Mike Shine
• Ray Exzizian
• Larry Lawson
#772-878-2600 Sun Reality
#772-528-4212 St. Lucie County Maint.
#772-979-4288
#772-462-7952
I will provide more upon request.
Personal
Retired
Director IRA
I am 37 years old. I was raised in Okeechobee since I was 7 years old. I moved to St.
Lucie County in April of last year (2008). I am a single father of three children, I have
had custody of them since my youngest one was 3 months old (16 years). I also take
care of my elderly parents. I have taken a strong interest in the local politics and feel
that I should make my best efforts to help my community in any way that I can. It
would be an honor to serve on any committee that I am appointed to.
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VOTING BALLOT
Treasure Coast Education & Research Development Authority
Select (2) Applicants to fill the vacant seats
Kathleen McGinn, Ph.D.
Michael L. Adams
Nathaniel J. Bray /
Dr. Lalit S. Chaube
Clifford W. Culhane
Derrick Dukes
Mary Lou Stant-Reppy
Jason Wheeler
DATE: 01/12/10
VOTING BALLOT
Treasure Coast Education & Research Development Authority
seiect (Z) Applicants to tin the vacant seats
11 Kathleen McGinn, Ph.D.
Michael L. Adams
Nathaniel J. Bray
Dr. Lalit S. Chaube
Clifford W. Culhane
Derrick Dukes
Mary Lou Stant-Reppy
Jason Wheeler
COMMISSIONER'S SIGNATURE:
d / v -
Z Z DATE: 01 /12/10
VOTING BALLOT
Treasure Coast Education & Research Development Authority
Select (2) Applicants to fill the vacant seats
Kathleen McGinn, Ph.D. /
Michael L. Adams
Nathaniel J. Bray
Dr. Lalit S. Chaube
Clifford W. Culhane
Derrick Dukes
Mary Lou Stant-Reppy
Jason Wheeler
COMMISSIONER'S SldNATURE:
DATE: 01 /12/10
VOTING BALLOT
Treasure Coast Education & Research Development Authority
Select (2) Applicants to fill the vacant seats
11 Kathleen McGinn, Ph.D.
Michael L. Adams
Nathaniel J. Bray
Dr. Lalit S. Chaube
Clifford W. Culhane
Derrick Dukes
Mary Lou Stant-Reppy
Jason Wheeler
DATE: 01 /12/10
VOTING BALLOT
Treasure Coast Education & Research Development Authority
Select (2) Applicants to till the vacant seats
11 Kathleen McGinn, Ph.D.
Michael L. Adams
Nathaniel J. Bray
Dr. Lalit S. Chaube
Clifford W. Culhane
Derrick Dukes
Mary Lou Stant-Reppy
Jason Wheeler
COMMISSIONER'S WNATU
DATE: 01/12/10
MOSQUITO
CONTROL
DISTRICT
MOSQUITO CONTROL DISTRICT
www.co.st-lucie.fl.us
www.stiuciegp.org
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
afifliittlli
mal
MINUTES
Approve the minutes from the December 22, 2009 meeting.
II. GENERAL PUBLIC COMMENT
III. CONSENT AGENDA
A. WARRANTS
Approve warrant list No. 13, 14 and 15.
B. OFFICE OF MANAGEMENT AND BUDGET/PURCHASING
Bid No. 10-007, Purchase of Pesticides
Consider staff recommendation to approve to award Bid No. 10-007, Purchase of Pesticides, to
Adapco, Incorporated and Clarke Mosquito Control Products Incorporated and authorization for the
Chairman to sign the documents as approved by the County Attorney.
C. COUNTY ATTORNEY
Second Amendment to February 2000 License Agreement with Florida Power & Light Company
Consider staff recommendation to approve the proposed Second Amendment to the February 22,
2000 License Agreement with Florida Power & Light Company and authorize the Chairman to sign
the Second Amendment.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at
these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is
made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings
will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
MOSQUITO CONTROL DISTRICT
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: December 22, 2009 Convened: 9:59 a.m.
Adjourned:10:00 a.m.
Commissioners Present: Chairman, Chris Dzadovsky, Paula A. Lewis, Doug Coward, Chris Craft, Charles
Grande
Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Don West, Public
Works Director, Joseph E. Smith, Clerk of the Circuit Court, Millie Delgado -Feliciano, Deputy Clerk
MINUTES
Approve the minutes from the December 8, 2009 meeting.
It was moved by Com. Craft, seconded by Com. Grande, to approve the minutes of the meeting held
December 8, 2009, and; upon roll call, motion carried unanimously.
H. GENERAL PUBLIC COMMENT
III. CONSENT AGENDA
It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll
call, motion carried unanimously.
A. WARRANTS
Approve warrant list No.11 and 12.
The Board approved Warrant List No. 11 and 12.
There being no further business to be brought before the Board, the meeting was adjourned.
Chairman
Clerk of the Circuit Court
12/23/09 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #13- 19-DEC-2009 TO 23-DEC-2009
FUND SUMMARY- MOSQUITO
EXPENSES
FUND TITLE
145 Mosquito Fund 2,966.96
GRAND TOTAL: 2,966.96
PAGE 1
PAYROLL
0.00
0.00
12/31/09 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #14- 26-DEC-2009 TO 31-DEC-2009
FUND SUMMARY- MOSQUITO
FUND TITLE EXPENSES
145 Mosquito Fund 33,152.69
GRAND TOTAL: 33,152.69
PAGE 1
PAYROLL
0.00
0.00
01/08/10 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #15- 02-JAN-2010 TO 08-JAN-2010
FUND SUMMARY- MOSQUITO
FUND TITLE EXPENSES
145 Mosquito Fund 20,356.60
GRAND TOTAL: 20,356.60
PAGE 1
PAYROLL
30,690.48
30,690.48
CONSENT ( X )
TO: ST. LUCIE COUNTY MOSQUITO CONTROL PRESENTED BY:
DISTRICT
Marie M. Gouin
SUBMITTED BY: Office of Management & Budget/Purchasing Director
SUBJECT: Bid No. 10-007, Purchase of Pesticides
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 145-6230-552300-600 Chemicals
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval to award Bid No. 10-007, Purchase of Pesticides, to Adapco,
Incorporated and Clarke Mosquito Control Products Incorporated and authorization
for the Chairman to sign documents as approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
( ) OTHER
Approved 5-0 Faye W. Outlaw, MPA
PP County Administrator
Coordination/Signatures
OMB
County Attorney ( X) DBudget Analyst ( X)
an McIntyre -fDR TaWonna Johnson
Purchasing (X) \ Mosquito Control (X )
Desiree Cimino Jim David
Office of Management
& Budget/Purchasing
MEMORANDUM
TO: St. Lucie County Mosquito Cont of District
FROM: Marie M. Gouin, Director
DATE: January 12, 2010
SUBJECT: Bid No. 10-007, Purchase of Pesticides
ITEM NO. III-B1
Background:
On December 16, 2009, submittals to Bid No. 10-007 for the purchase of pesticides were opened.
Two submittals were received; 74 companies were notified and 13 documents were distributed.
The lowest, responsive bidder was Adapco Incorporated for items one through four, seven and
eight. Clarke Mosquito Control Products was the lowest responsive bidder for items five and six.
Bid No. 10-007 was bid in accordance with Local Preference Ordinance No. 09-005.
The purpose of this bid is to establish a contract, by means of sealed bids, for the purchase of
various pesticides for the St. Lucie County Mosquito Control District.
Recommendation:
Board approval to award Bid No. 10-007, Purchase of Pesticides, to Adapco, Incorporated and
Clarke Mosquito Control Products Incorporated and authorization for the Chairman to sign
documents as approved by the County Attorney.
PURCHASING
DEPARTMENT
TABULATION SHEET — BID #10-007
PURCHASE OF PESTICIDES
OPENED: DECEMBER 16, 2009 AT 2:00 PM
TWO (2) submittals were received for subject proposal:
ADAPCO, INC.
SANFORD, FLORIDA
FAX:866-330-9888
CLARKE MOSQUITO
KISSIMMEE, FLORIDA
FAX:407-944-0709
Item
Mosquito Control Chemicals
Mono Molecular Film
Cost
$35.491 al
Cost
NIA
1
2
3
4
Mono Molecular Film
Naled
Naled
$34.261 gal
$151.45 ! gal
$152.80 / gal
NIA
NIA
NIA
5
S ner ized Permethrin 3x15
NIA
$27.951 al
6
S ner ized Permethrin 3x15
NIA
$27.95/ al
7
S ner ized Permethrin 4x12
$94.03 / gal
NIA
8
Synergized Permethrin
18x54
$388.39 / al
NIA
Number of companies notified*: 74
Number of bid documents distributed*: 13
Number of bids received 2
*per demandstar.com
CHRIS DZADOVSKY, District No.1 • DOUG COWARD, District CRAFT District No.
LEWIS, District No, 3 4 CHARLES GRANDE, District No. 4 � CHRIS
County Administrator — FAYE W. OUTLAW, MPA
2300 Virginia Avenue — Fort Pierce, FL 34982-5652 — Phone (772) 462-1700 — TDO (772) 462-1428
website: www.co.st-lucle.fl.us
ATTACHMENT 1
J
AGENDA REQUEST
TO: St. Lucie County Mosquito Control District
SUBMITTED BY(DEPT): County Attorney
ITEM NO. III - C_
Date: January 12, 2010
Regular [ ]
Public Hearing[ ]
Consent [X]
PRESENTED BY:
Heather Young
Assistant County Attorney
SUBJECT: Second Amendment to February 2000 License Agreement with Florida Power & Light
Company
BACKGROUND: See C.A. No. 09-1698
FUNDS AVAIL.(State type & No. of transaction or N/A): N/A
RECOMMENDATION: Staff recommends the Mosquito Control District approve the proposed
Second Amendment to the February 22, 2000 License Agreement with Florida Power & Light
Company, and authorize the Chairman to sign the Second Amendment.
COMMISSION ACTION:
[� APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
County Attorney:
Originating Dept
CONCURRENCE:
Coordination/Signatures
Mgt. & Budget:
Daniel . McIntyre
Other
James R. David
Finance (Check for Copy only, if applicable):
Faye W. Oultaw, M.P.A.
County Administrator
Purchasing:
Other :
L
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: St. Lucie County Mosquito Control District
FROM: Heather Young, Assistant County Attorney
C.A. NO: 09-1698
DATE: December 23, 2009
SUBJECT: Second Amendment to February 2000 License Agreement with Florida Power
& Light Company
BACKGROUND:
On February 22, 2000, the Mosquito Control District entered into a License
Agreement with Florida Power & Light Company ("FP&L") which permits the District to
conduct mosquito and sand fly control activities on property adjacent to the nuclear power
plant. Attached to this memorandum is a copy of a proposed Second Amendment to the
License Agreement which will retroactively extend the term through and including October
31, 2019, subject to annual renewal thereafter.
RECOMMENDATION/CONCLUSION :
Staff recommends the St. Lucie County Mosquito Control District approve the
proposed Second Amendment to the February 22, 2000 License Agreement with Florida
Power & Light Company, and authorize the Chairman to sign the Second Amendment.
Respectfully submitted,
. -.C- asa=
Heather Young
Assistant County Attorney
Attachment
HY/
Copies to: County Administrator
Mosquito Control Director
SECOND AMENDMENT TO FEBRUARY 22, 2000 LICENSE AGREEMENT
THIS SECOND AMENDMENT is dated this day of , 2009, by
and between FLORIDA POWER & LIGHT COMPANY, a Florida corporation, its subsidiaries
or trustees, P.O. Box 291000, Miami, Florida 33102 ("FPL"), and ST. LUCIE COUNTY
MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida,
31500 Will Fee Road, Fort Pierce, Florida 33450 ("Licensee").
WHEREAS, on February 22, 2000, the parties entered into a License Agreement
("Agreement") which provided for the Licensee to occupy and use certain lands owned in fee
simple by FPL for mosquito control purposes; and,
WHEREAS, the License provided for a term beginning on November 1, 1999 and
continuing through and including October 31, 2004; and,
WHEREAS, on December 14, 2004, the Parties entered into a First Amendment to the
Agreement which extended the term through and including October 31, 2009; and,
WHEREAS, the parties desire to extend the term of the Agreement for an additional
ten year period subject to the same terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties agree to amend the Agreement as follows:
1. Paragraph 2 is hereby amended to read as follows:
2. This License is effective beginning November 1,1999, and
expires October 31, 2019, unless earlier terminated s
hereinafter provided. For an in consideration of this
License, Licensee shall pay to FPL the sum of one and
00/100 dollars ($1,00) for the period of this License;
which sum shall be the net amount due and payable to
FPL. Licensee shall forward all rental payments and
Certificates of Insurance to FPL at the following
address: Florida Power & Light Company, P.O. Box 29100,
Miami, Florida 33102. Attention: Risk Management
Department.
5AATTY\AGREEMNT\FPL 2A License Agreement.wpd '1"
This License may be renewed prior to expiration of this
License, at the option of FPL, on an annual basis, subject,
however, to all provisions and conditions of this License,
with the License fee, if any renegotiated annually after
the expiration of the initial term of the License.
2. Except as amended herein, the remaining terms and conditions of the February
22, 2000 Agreement, as amended, shall remain in ful force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment
to the February 2212000, Agreement, as amended, to be executed by the undersigned duly
authorized officials.
Signed, sealed and delivered FLORIDA POWER & LIGHT COMPANY
in the presence of:
By:
Name: Name:
Name: Title:
State of Florida )
County of )
BEFORE ME, the undersigned authority, personally appeared
, on behalf of Florida Power & Light Company, a Florida corporation,
organized under the laws of the State of Florida, who, being duly sworn, deposes and says
that he/she has read and executed the foregoing instrument, on behalf of such corporation,
on this day of , 2009.
Notary Public, State of Florida
My Commission Expires:
(Notary Seal)
5AATTY\AGREEMNT\FPL 2A License Agreement.wpd -2-
Type of Identification:
Personally known:
Driver's License:
Other:
ATTEST:
Deputy Clerk
State of Florida
County of
ST. LUCIE COUNTY MOSQUITO
CONTROL DISTRICT
BY:
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
BEFORE ME, the undersigned authority, personally appeared
, on behalf of St. Lucie County Mosquito Control District, a dependent
taxing district of the State of Florida, who, being duly sworn, deposes and says that he/she
has read and executed the foregoing instrument, on behalf of such corporation, on this
day of , 2009.
Notary Public, State of Florida
My Commission Expires:
(Notary Seal)
5:\ATTY\AGREEMNT\FPL 2A License Agreement.wpd
-3-
Type of Identif ication:
Personally known:
Driver's License:
Other:
EROSION
DISTRICT
EROSION DISTRICT
www.co.st-lucie.fl.us
www.stlucieco.org
Chris Craft, Chairman District No. 5
Charles Grande, Vice Chairman District No. 4
Doug Coward District No. 2
Chris Dzadovsky District No. 1
Paula A. Lewis District No. 3
iu##r1##MUM111
MINUTES
Approve the minutes from the December 22, 2009 meeting.
II. GENERAL PUBLIC COMMENT
III. CONSENT AGENDA
A. WARRANTS
Approve warrant list No. 13, 14 and 15.
B. PUBLIC WORKS
Artificial reef grant application
Consider staff recommendation to approve an artificial reef construction grant application to the
National Geographic Conservation Trust for $20,000.
C. PUBLIC WORKS
Fort Pierce Beach Restoration Project and Sand Bypassing
Consider staff recommendation to approve FDEP Project Agreements 09SL2 and Amendment No.
2 to 07SL3 along with Work authorization No. 02 and No. 03 with Taylor Engineering, Inc. and
supporting Budget Resolution No. 10-001.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at
these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is
made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings
will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
EROSION DISTRICT
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: December 22, 2009 Convened: 10:01 a.m.
Adjourned: 10:02 a.m.
Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Doug Coward, Chris Dzadovsky, Charles
Grande
Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Don West, Public
Works Director, Joseph E. Smith, Clerk of the Circuit Court, Millie Delgado -Feliciano, Deputy Clerk
MINUTES
Approve the minutes from the December 8, 2009 meeting.
It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve the minutes of the meeting held
December 8, 2009, and; upon roll call, motion carried unanimously.
II. GENERAL PUBLIC COMMENT
III. CONSENT AGENDA
It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda, and; upon
roll call, motion carried unanimously.
A. WARRANTS
Approve warrant list No.11 and 12.
The Board approved Warrant List No.11 and 12.
B. PUBLIC WORKS
Invitation to Bid — Upland Sand Sources for Emergency Dune Restoration
The Board approved 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)
The Board approved to advertise for Qualifications for artificial reef consultants.
There being no further business to be brought before the Board, the meeting was adjourned.
Chairman
Clerk of the Circuit Court
12/23/09
ST. LUCIE COUNTY - BOARD
PAGE 1
WARRANT LIST #13- 19-DEC-2009
TO 23-DEC-2009
FZABWARR
FUND SUMMARY- EROSION
EXPENSES
PAYROLL
FUND TITLE
184 Erosion
Control Operating Fund
363.36
0.00
GRAND TOTAL:
363.36
0.00
12/31/09 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #14- 26-DEC-2009 TO 31-DEC-2009
FUND SUMMARY- EROSION
FUND TITLE EXPENSES
184 Erosion Control Operating Fund 6,980.84
GRAND TOTAL: 6,980.84
PAGE 1
PAYROLL
0.00
0.00
O1/08/10 ST. LUCIE COUNTY - BOARD
FZABWARR WARRANT LIST #15- 02-JAN-2010 TO 08-JAN-2010
FUND SUMMARY- EROSION
FUND TITLE EXPENSES
184 Erosion Control Operating Fund 2,654.45
GRAND TOTAL: 2,654.45
PAGE 1
PAYROLL
4, 966.40
4, 966.40
ITEM NO. III-B
_ DATE: 1/12110
AGENDA REQUEST REGULAR l )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X )
TO: EROSION DISTRICT BOARD PRESENTED BY: w -
Donald B. West
SUBMITTED BY: Public Works - Administration Public Works Dire&or
SUBJECT: Artificial reef grant application
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: Funds are available in Account 184-3710-563005-39003, Erosion District-ArtMcial
Reefs -Consulting Engineer.
PREVIOUS ACTION: N/A
RECOMMENDATION: Erosion District Board approval of an artificial reef construction grant application to
the National Geographic Conservation Trust for $20,000.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
OTHER
Faye W. Outlaw, MPA
County Administrator
Approved 5-0
Coordination/Signatures
County Attorney ( X) OMB Director (X) 1n/�
Budget Analyst , v
Dan McIntyre Marie Gouin
Originating Dept. ( X) - ERD ( )
ono B. West
COUNTY
F L O R I D A
Public Works Administration
MEMORANDUM
TO: Erosion District Board
FROM: Donald B. West, Public Works Director�
DATE: January 12, 2010
SUBJECT: Artificial Reef Grant Application
ITEM NO.: III-B
Backaround:
The National Geographic Trust grants up to $20,000 to projects that will a) demonstrably
improve threatened fish populations, and b) can be exported to other locations around the world
to achieve similar gains. The South Atlantic Fisheries Management Council has approved
Amendments 17A and 17B to the Snapper Grouper Fishery Management Plan. Said
amendments provide for closure to the red snapper fishery and the Warsaw grouper fishery,
respectively.
St. Lucie County's Artificial Reef Program has deployed artificial reefs that help support growth
and survival of numerous regulated fish species that are experiencing overfishing and are
threatened by habitat degradation, including red snapper and Warsaw grouper. The proposed
juvenile fish habitat artificial reef would complement other artificial reefs in the area and would
serve as an example for the use of artificial reefs in fisheries management.
The $20,000 granted from the National Geographic Conservation Trust will be used to pay the
$17,000 artificial reef deployment cost and $3,000 in monitoring costs. A $10,675 match to the
construction grant will be provided by the Artificial Reef Program to help pay for conducting pre -
deployment surveying ($1,750), deployment monitoring and assistance ($4,650), and post -
deployment mapping ($7,275).
Recommendation:
Erosion District Board approval of an artificial reef construction grant application to the National
Geographic Conservation Trust for $20,000.
ITEM NO. III-C
M
AGENDA REQUEST
REVI-S,E D
DATE: 01/12/10
REGULAR ( )
PUBLIC HEARING ( )
LEG. ( )
QUASI -JD ( )
CONSENT (X )
TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY:
Richard A. Bouchard, P.E. 'Qp�
SUBMITTED BY: Public Works — Erosion District Erosion District Manager !!
SUBJECT: Fort Pierce Beach Restoration Project and Sand Bypassing
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 184215-3710-531000-3630 Erosion District (pending Board approval)
184212-3710-531000-3712 Erosion District (pending Board approval)
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval of FDEP Project Agreements 09SL2 and Amendment No. 2 to
07SI-3 along with Work Authorizations No. 02 and No. 03 with Taylor Engineering,
Inc. and supporting Budget Resolution No. 10-001.
COMMISSION ACTION: CONCURRENCE:
(� APPROVED ( ) DENIED
( ) OTHER '
Faye W. Outlaw, MPA
Approved 5-0 County Administrator
Coordination/Signatures
County Attorney (x) OMB Director (x )
Budget Analyst
Daniel S. McIntyre Marie Gbuin
Tawopn�npa, Johnson
Originating Dept. ( x) V `► Erosion District (x) 40
Don Id B. West Richard -A. Bouchard
AGEND358.DEP
Public Works
Erosion District
MEMORANDUM
TO: St. Lucie County Erosion District Board
THROUGH: Donald B. West, P.E., Public Works Directo 41�1
FROM: Richard A. Bouchard, P.E., Erosion District Manager$
DATE: January 12, 2010
SUBJECT: Fort Pierce Beach Restoration Project and Sand Bypassing
ITEM NO.: III-C
Background:
The Florida Department of Environmental Protection (FDEP) administers the Florida Beach Erosion Control
Program (FBECP), which in recent years has provided approximately $30 million annually to assist eligible
local governments with their beach erosion control projects. The attached FDEP grant agreements, along with
supporting Budget Resolution 10-001, provide for state funding for design, permitting and monitoring activities
associated with the Ft. Pierce beach project and sand bypassing activities at the Ft. Pierce Inlet that have yet
to be determined. The Erosion District reserve account will provide 50% in matching funds for each grant.
FDEP Project Agreement 09SL2 allocates an additional $488,739 in state funds for three specific beach and
coastal related activities associated with the Ft. Pierce beach project. Work Authorization No. 2 with Taylor
Engineering, Inc., for $75,620, identifies the tasks necessary to carry out the engineering services to assist the
Corps with the next renourishment anticipated in spring of 2011. Work Authorization No. 3 with Taylor
Engineering, Inc., for $257,401, identifies the tasks necessary to carry out the required beach and inlet
monitoring activities for 2010. The GRR scope of work will be forthcoming to the Board once it is developed.
The second amendment to FDEP Project Agreement 07SL3 allocates an additional $120,948 in state funds for
beach related activities associated with sand bypassing at Ft. Pierce inlet. A draft report of the sediment basin
alternative was recently completed which includes a Decision Document section that summarizes the results of
the preliminary design and provides information and recommendations regarding implementation of a sand
bypassing program. Once the Board has considered these recommendations in a future presentation, then
these additional funds are available should the Board desire to move forward with future tasks.
Previous Action:
January 8, 2002 - Board amended FDEP Project Agreement 98SL1 to initiate a sand bypassing study.
July 15, 2008 - Board approved FDEP Project Agreement 07SL3 to evaluate sand bypassing alternatives.
January 20, 2009 - Board approved first amendment to 07SL3 to refine sediment trap alternative.
Recommendation:
Board approval of FDEP Project Agreements 09SL2 and Amendment No. 2 to 07SL3 along with Work
Authorizations No. 02 and No. 03 with Taylor Engineering, Inc. and supporting Budget Resolution No. 10-001.
Attachment "A": Budget Resolution No. 10-001 (1 page)
Attachment "B": FDEP Project Agreement 09SL2 (27 pages)
Attachment "C": Amend #2 to FDEP Project Agreement 07SL3 (10 pages)
Attachment "D°: W.A. No. 02 w/Taylor Engineering, Inc. (8 pages)
Attachment "E": W.A. No. 03 w/Taylor Engineering, Inc. (12 pages)
0
&i
Attachment "A"
RESOLUTION NO. 10-001
WHEREAS, subsequent to the adoption of the St. Lucie County Erosion District's Budget, certain funds not
anticipated at the time of the budget have become available amending the Fort Pierce IMP Implementation
Project an additional $120,948, and establishing new funding for $488,739 for the Fort Pierce Shore Protection
Project from Florida Department of Environmental Protection.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Erosion District to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, in meeting
assembled this 12th day of January 2010, pursuant to Section 129.06 (d), Florida Statutes, such funds are
hereby appropriated for the fiscal year 2009-2010, and the Erosion District's budget is hereby amended as
follows:
REVENUES
184212-3710-334391-3712 Dept of Env Prot-Phys Env $120,948
184215-3710-334391-3630 Dept of Env Prot-Phys Env $488,739
APPROPRIATIONS
184212-3710-531000-3712 Professional Services $120,948
184215-3710-531000-3630 Professional Services $488,739
After motion and second the vote on this resolution was as follows:
Commissioner Chris Craft, Chairman
XXX
Commissioner Charles Grande, Vice -Chairman
XXX
Commissioner Doug Coward
XXX
Commissioner Chris Dzadovsky
XXX
Commissioner Paula A. Lewis
XXX
PASSED AND DULY ADOPTED THIS 12th DAY OF January, 2010.
ATTEST: EROSION DISTRICT
ST LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
Attachment "B"
•'.
DEP AGREEMENT No: 09SL2
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF BEACHES AND COASTAL SYSTEMS
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
GRANT AGREEMENT FOR
FT. PIERCE SHORE PROTECTION PROJECT
THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (hereinafter referred to as the "DEPARTMENT") whose address is 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000 and the ST. LUCIE COUNTY EROSION DISTRICT, whose
address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, a local government, (hereinafter referred to as the
"LOCAL SPONSOR"), for the project described herein.
WHEREAS, the DEPARTMENT, pursuant to Section 161.091 - Section 161.161, Florida Statutes,
provides financial assistance to eligible governmental entities for beach erosion control activities under the
Florida Beach Management Funding Assistance Program; and,
WHEREAS, pursuant to 62B-36.005(1)(d), the LOCAL SPONSOR has resolved to support, serve as
local sponsor, have the ability to perform the tasks associated with, and has demonstrated a financial
commitment to the beach erosion control project as described herein.
NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the
DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows:
1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control
project known as the FT. PIERCE SHORE PROTECTION PROJECT (hereafter referred to as the
PROJECT), as defined in Attachment A , Project Work Plan, attached hereto and made a part hereof.
The LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the
PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments
and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this
Agreement, the terms "Contract" and "Agreement" are used interchangeably, and the terms "Grantee",
"Recipient" and "Local Sponsor" are used interchangeably.
2. This Agreement shall begin on the last date executed and end on July 31, 2012. If work identified in the
approved Project Work Plan is completed prior to the date shown in the first sentence of this paragraph,
the modification will be reduced to writing in an amendment to this Project Agreement.
3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined
by the DEPARTMENT.
4. Any and all equipment, products or materials necessary to perform these services, or requirements as
further stated herein, shall be supplied by the LOCAL SPONSOR.
5. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature of the State of Florida and subject to the release of funds
appropriated to the DEPARTMENT.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 09SL2, Page 1 of 10
6. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms
and conditions set forth in this Agreement and all present and future requisite authorizations and
environmental permits. The PROJECT consists of the nourishment of the beach and dune system for
1.3 miles of Atlantic shoreline and construction of stabilizing structures, between DNR reference
monuments R34-R41. This contract succeeds 04SL1 and 06SL1.. The life of the PROJECT is defined
as ten (10) years commencing upon execution of this Agreement and re -initiated upon execution of
subsequent amendments to this Agreement for additional funding. The parties expressly agree that the
provisions of this paragraph shall survive and be enforceable beyond the expiration date of this
Agreement.
7. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as
specified in Table 1 below. It is understood and agreed that the detailed Scope of Work shall include a
narrative description of each task, a corresponding detailed budget and a project schedule. Written
authorization to initiate the scope of work for each task must be obtained from the DEPARTMENT
prior to the initiation of said task. The DEPARTMENT may require at least ten percent (10%) of the
total cost share for a specified task be forfeited for failure to obtain prior written authorization from the
DEPARTMENT for a specific task.
The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are
identified in Table 1 below:
TABLE 1
Task #
Eligible Project Tasks
Estimated Project Costs
Federal
DEP
Local
Total
2.0
Design
2.1
2009 Design and Permitting
$273,739
$273,739
$547,478
4.0
Monitoring
4.1
2009 First Year Monitoring
$215,000
$215,000
$430,000
TOTAL PROJECT COSTS
$488,7391
$488,739
1 $977,478
Prior written approval from the DEPARTMENT's Grant Program Administrator shall be required for
changes between approved Project Tasks costs. Informal changes by the DEPARTMENT's Grant
Program Administrator may not exceed 10% of the total budget amount and may not change the Total
Project Costs. The DEPARTMENT's Grant Program Administrator will transmit a copy of the written
approval and revised budget to the DEP Contracts Disbursements Office for inclusion in the Agreement
file. Changes to Project Task costs greater than 10% will require a formal amendment to the Agreement.
Any change to the Total Project Costs require formal amendment
9. The DEPARTMENT has determined that 100 percent of the PROJECT cost is eligible for state cost
sharing. Therefore, the DEPARTMENTS financial obligation shall not exceed the sum of $488,739 for
this PROJECT or up to 50 percent of the non-federal project cost, if applicable, for the specific eligible
PROJECT items listed above, whichever is less. To the extent applicable, it is understood and agreed
that for portions of the PROJECT which are located within lands owned and managed by the
DEPARTMENT's Division of Recreation and Parks, no cost share for construction activities shall be
required of the LOCAL SPONSOR, and the PROJECT costs for such portions shall be paid by the
DEPARTMENT.
DEP Agreement No. 09SL2, Page 2 of 10
10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the
PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a
part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible project
items that exceed the estimated project costs for that item shall be the responsibility of the LOCAL
SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through
formal amendment to this Agreement.
11. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative,
or employee of the DEPARTMENT.
12. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as
identified in Attachment B (Funding Eligibility), attached hereto and incorporated herein by reference,
for beach use throughout the life of the PROJECT as established under this Agreement. If at any time
the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking, the LOCAL
SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT
associated with any beach access site and/or parking spaces where maintenance is discontinued. All
parking must be clearly signed or otherwise designated as public beach access parking.
13. In accordance with Section 216.181(16xb), Florida Statutes, the DEPARTMENT, upon written request
from the LOCAL SPONSOR, including justification for said request, and written approval from the
State Chief Financial Officer, may provide an advance payment to the LOCAL SPONSOR. In addition
to the written request for advance payment, the LOCAL SPONSOR shall also complete and submit the
applicable portions of Attachment C (Advance Payment Justification Form), attached hereto and made a
part hereof. Consideration for advance payment is at the discretion of the DEPARTMENT, and shall be
limited to eligible project construction costs identified in Table 1. The LOCAL SPONSOR's
expenditures shall draw proportionally upon both the LOCAL SPONSOR's funds and the
DEPARTMENT's advanced funds in accordance with the cost share ratios established pursuant to this
Agreement.
If advance payment is authorized, the LOCAL SPONSOR shall temporarily invest the advanced funds
in an interest bearing account. The LOCAL SPONSOR shall be responsible to the DEPARTMENT for
a quarterly accounting of such funds on the dates identified in paragraph fourteen (14). Interest income
shall be documented by the LOCAL SPONSOR's submission of a current statement of account from the
financial institution or agent where such funds are invested. Interest income shall be returned to the
DEPARTMENT, within thirty (30) days following each quarter as set forth under this Agreement.
Attachment D (Advance Payment — Interest Earned Memorandum), attached hereto and made a part
hereof, is provided as a sample of the document generated internally each calendar quarter by the
DEPARTMENT's Bureau of Finance and Accounting for agreements that authorized an advance
payment. The DEPARTMENT's Grant Program Administrator shall forward such memorandum to the
LOCAL SPONSOR's Project Manager, who shall be responsible for completion of the applicable
interest statement details and submission to the DEPARTMENT each quarter. This responsibility shall
continue as long as advanced funds remain with the LOCAL SPONSOR or until construction is
completed and a final accounting on the advanced funds is completed and the unused funds and interest
due the DEPARTMENT are returned to the DEPARTMENT. Unused funds, and interest accrued on any
unused portion of advanced funds which have not been remitted to the DEPARTMENT, shall be
returned to the DEPARTMENT within sixty (60) days of the completion of the construction portion of
this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL
SPONSORS will be due sixty (60) days after the Federal final accounting has been completed.
The parties hereto acknowledge that the State Chief Financial Officer may identify additional
requirements that must be met in order for advance payment to be authorized. If additional
requirements are imposed by the State Chief Financial Officer, the LOCAL SPONSOR shall be notified,
in writing, by the DEPARTMENT's Grant Program Administrator regarding the additional
DEP Agreement No. 09SL2, Page 3 of 10
requirements. Prior to releasing any funds, the LOCAL SPONSOR shall be required to provide a written
acknowledgement to the DEPARTMENT's Grant Program Administrator of the LOCAL SPONSOR's
acceptance of the terms imposed by the State Chief Financial Officer for release of funds.
14. In consideration for the satisfactory completion of the eligible work, identified in Attachment A and
approved by the DEPARTMENT, performed by the LOCAL SPONSOR under the terms of this
Agreement, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement
basis for services rendered. All requests for reimbursement shall be made in accordance with
Attachment E (Contract Payment Requirements), attached hereto and made a part hereof, and State
guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State
Expenditures at hLtp•//www.fldfs.com/aadir/reference%5F ug ide. The LOCAL SPONSOR shall submit
a request for reimbursement of funds on the forms provided as Attachment F (Request For Payment,
PARTS I — III), attached hereto and made a part hereof. These forms may be submitted on a quarterly
basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30,
and December 31; the request shall be submitted no later than thirty (30) days following the completion
date of the quarterly reporting period of each year in which the project is underway. These forms shall
be certified as accurate by the LOCAL SPONSOR'S Project Manager and the LOCAL SPONSOR's
Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for
the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061,
Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date
of this Agreement. The DEPARTMENT will not release funds for construction activities until such
time as all requisite authorizations, environmental permits, and variances, including those required
pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. In such cases where
no reimbursement is sought for a given quarter, all applicable portions of Part III of Attachment F,
Project Progress Report must be completed and submitted.
15. The DEPARTMENT's Bureau of Beaches and Coastal Systems shall have thirty (30) days after receipt
of each billing to determine that the work has been accomplished in accordance with the terms and
conditions of this Agreement prior to approving the billing for payment. It is understood and agreed
that any request for reimbursement that requires the DEPARTMENT to request additional information
of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will
not resume until such information is received as requested by the DEPARTMENT. Upon approval of
the payment request, the DEPARTMENT shall disburse the funds due to the LOCAL SPONSOR less
ten (10) percent, which shall be retained on account. The cumulative amount retained for each eligible
Task Scope of Work shall be disbursed to the LOCAL SPONSOR upon notification of the
DEPARTMENT with an executed notice of completion (Attachment G) and after the DEPARTMENT
has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the
Agreement, all applicable DEPARTMENT permits and the applicable scope of work for said item. The
DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to
evaluate the appropriateness of costs to this Agreement pursuant to State and Federal guidelines
(including cost allocation guidelines), as appropriate. When requested, the LOCAL SPONSOR must
provide the information described in this paragraph within thirty (30) days of such request. If
applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the
DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and
fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient
for a proper pre -audit and post -audit thereof.
16. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's
Project Manager on a quarterly basis, Attachment F, Part III, Project Progress Report, as updates to a
project schedule, no later than thirty (30) days following the completion date of the quarterly reporting
period identified in paragraph fourteen (14). Schedules may be required to be submitted electronically
in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall
represent the most accurate forecast of future events. Specific information to be included in the
DEP Agreement No. 09SL2, Page 4 of 10
quarterly report: tasks to be completed start and finish dates, task duration, and actual start and finish
dates with actual task duration.
17. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the
DEPARTMENT a certification of completion, attached hereto as Attachment G (Project Completion
Certification). A final project certification inspection shall be made by the DEPARMENT within sixty
(60) days after the PROJECT is certified complete by the local sponsor.
18. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition
of both materials and services as required by Chapter 287, and Chapter 161.101(17), Florida Statutes,
which are expressly made a part of this Agreement and incorporated herein by reference as if fully set
forth.
19. The applicable provisions of Chapter 161, Florida Statutes, entitled "Beach and Shore Preservation",
and any rules promulgated there from, are expressly made a part of this Agreement and are incorporated
herein by reference as if fully set forth.
20. The LOCAL SPONSOR's Project Manager for all matters is Richard Bouchard, Phone: 772/462-1710.
The DEPARTMENT's Project Manager for all technical matters is Richard Noyes, Phone: 850/922- 7865
and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena
VanLandingham, Phone: 850/922-7711 or their successor(s). All matters shall be directed to the
appropriate persons for action or disposition.
21. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of
its sovereign immunity or the provisions of Section 768.28, Florida Statutes.
22. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the
LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the
DEPARTMENT shall provide ten (10) days written notice of its intent to terminate and shall provide the
LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for
termination.
23. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving
thirty (30) days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered
personally or by certified mail to the address set forth in this Agreement.
24. Any and all notices shall be delivered to the parties at the following addresses:
LOCAL SPONSOR
Richard Bouchard
St. Lucie County Public Works Department
2300 Virginia Avenue
Fort Pierce, Florida 34982
(772)462-2362
DEPARTMENT
Dena VanLandingham, Grants Program Administrator
Department of Environmental Protection
Bureau of Beaches and Coastal Systems
3900 Commonwealth Blvd., MS 300
Tallahassee, Florida 32399-3000
(850) 922-7711
Dena.vanlandingham@dep.state.fl.us
Any changes to the contact information shown above must be reduced to writing in the form of a
Change Order to this Agreement.
DEP Agreement No. 09SL2, Page 5 of 10
25. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL
SPONSOR to allow public access to all documents, papers, letters, or other material made or received
by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from
Section 24(a) of Article I of the State Constitution and Section 119.07(lxa), Florida Statutes.
26. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently applied.
The DEPARTMENT, the State, or their authorized representatives shall have access to such records for
audit purposes during the term of this Agreement and for five years following Agreement completion.
In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each
subcontractor to maintain and allow access to such records for audit purposes.
27. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall
comply with the applicable provisions contained in Attachment H (Special Audit
Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment H
summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL
SPONSOR in complying with the requirements of Attachment H. A revised copy of Exhibit 1
must be provided to the LOCAL SPONSOR for each amendment that authorizes a funding
increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the
LOCAL SPONSOR shall notify the Department's Grant Program Administrator at 850/922-
7711, to request a copy of the updated information.
B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this
Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal
and/or state) identified in Attachment H, Exhibit 1 when making its determination. For
federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under
OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship
represents that of a sub recipient or vendor. For state financial assistance, the LOCAL
SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found
under the "Links/Forms" section appearing at the following website:
hgps://apps.fldfs.com/fsaa
The LOCAL SPONSOR should confer with its chief financial officer, or audit director or
contact the DEPARTMENT for assistance with questions pertaining to the applicability of these
requirements.
C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to
Single Audit Act Reporting, Attachment 1, attached hereto and made a part hereof, within
four (4) months following the end of the Grantee's fiscal year. Attachment I should be
submitted to the DEPARTMENT's Grants Development and Review Manager at 3900
Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399-3000. The Grants
Development and Review Manager is available to answer any questions at (850) 245-2361.
28. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from
using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch
or a state agency.
29. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that
would conflict in any manner or degree with the performance of services required.
DEP Agreement No. 09SL2, Page 6 of 10
30. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law. If any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon
County, Florida.
31. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or
default by either party under this Agreement, shall impair any such right, power or remedy of either
party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any
similar breach or default thereafter.
32. To the extent required by law, the LOCAL SPONSOR will be self -insured against, or will secure and
maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees
connected with the work of this project. In the case any work is subcontracted, the LOCAL SPONSOR
shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection afforded by the
LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees
engaged in hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of its employees not otherwise protected.
33. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required
to pay any taxes on the services or goods purchased under the terms of this Agreement.
34. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in
any third party without the mutual written agreement of the parties hereto.
35. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected
to discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list maintained by the
Florida Department of Management Services may not submit a bid on a contract to provide
goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not award or perform work as a contractor, supplier,
subcontractor, or consultant under contract with any public entity, and may not transact business
with any public entity. Questions regarding the discriminatory vendor list may be directed to
the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-
0915.
C. The DEPARTMENT supports diversity in its procurement program and requests that all
subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically.
The award of subcontracts should reflect the full diversity of the citizens of the State of Florida.
A list of Minority Owned firms that could be offered subcontracting opportunities may be
obtained by contracting the Office of Supplier Diversity at (850) 487-0915.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 09SL2, Page 7 of 10
36. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR
agrees to be responsible for the fulfillment of all work elements included in any subcontract consented
to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not
be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the
LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred
under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel
reimbursement expenses based on the travel limits established in Section 112.061, F.S.
37. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of
the selection of an intended subcontractor for construction task and provide a tabulation list from which
the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid form for
the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to offer
services in the State of Florida for studies, design and permitting and monitoring tasks in accordance
with Chapter 287, F. S. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish
copies of the respective solicitation documents. Solicitation documents include, but are not limited to,
the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a
detailed scope of work.
38. The LOCAL SPONSOR warrants and represents that it is self -funded for liability insurance, appropriate
and allowable under Florida Law, and that such self-insurance offers protection applicable to the
LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their
employment with the LOCAL SPONSOR. The DEPARTMENT shall have no liability except as
specifically provided in this Agreement.
39. The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms
and conditions of this Agreement.
40. The DEPARTMENT may at any time, by written order designated to be a change order, make any
change in the Grant Manager information or task timelines within the current authorized Agreement
period. All change orders are subject to the mutual agreement of both parties as evidenced in writing.
Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal
amendment to this Agreement. Minor modifications which will be handled with a change order include
notification of a change in Contract/Project Manager, modification of deliverable due dates when such
change does not involve a contract extension, and modifying the scope of services when such
modification would not involve a decrease/increase in price or an extension of the contract performance
period.
41. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in
providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR
acknowledges that this requirement includes compliance with all applicable federal, state and local
health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision
in all subcontracts issued as a result of this Agreement.
42. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the
erosion control project, a sufficient property interest in order to construct, maintain, monitor, and repair
the erosion control project prior to entering each individual property to conduct such activities.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 09SL2, Page 8 of 10
43. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the
requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT
orally. Within seven (7) days, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of the
anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and
the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree
that the delay or anticipated delay was caused, or will be caused by a force majeure, the
DEPARTMENT may, at its discretion, extend the time for performance under this Agreement for a
period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed
by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure
shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war,
blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party
approvals, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is
not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL
SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to
perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force
majeure event.
44. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been
reduced to writing, duly signed by each of the parties hereto, and attached to the original of this
Agreement, unless otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 09SL2, Page 9 of 10
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year
last written below.
ST. LUCIE COUNTY EROSION DISTRICT
Bv:
Title: *District Chair
Date:
FEID No. 59-6000835
Grantee's Attorney
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
I2
Secretary or designee
Date:
Department of Environmental Protection
Grant Program Administrator
APPROVED as to form and legality:
Department of Environmental Protection
Attorney
*If someone other than the District Chair signs this Agreement, a resolution, statement or other documentation
authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement.
List of Attachments/Exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment
A
Project Work Plan (1 page)
Attachment
B
Funding Eligibility (1 page)
Attachment
C
Advanced Payment Justification Form (3 pages)
Attachment
D
Advanced Payment — Interest Earned Memorandum Sample (1 page)
Attachment
E
Contract Payment Requirements (1 page)
Attachment
F
Request For Payment, Parts I - III (3 pages)
Attachment
G
Project Completion Certification (1 page)
Attachment
H
Special Audit Requirements (5 pages)
Attachment
I
Certification of Applicability to Single Audit Act Reporting (1 Page)
DEP Agreement No. 09SL2, Page 10 of 10
ATTACHMENT A
PROJECT WORK PLAN
FT. PIERCE SHORE PROTECTION PROJECT
The PROJECT consists of the nourishment of the beach and dune system for 1.3 miles of Atlantic shoreline and
construction of stabilizing structures, between DNR reference monuments R34-R41. The PROJECT shall be conducted in
accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible
project task items established below. All data collection and processing, and the resulting product deliverables, shall
comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing
Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work for an eligible
PROJECT item. These plans may be found at http://www.dep.state.fl.us/beaches/. Three (3) originals and one (1)
electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless
otherwise specified.
Task No: Eligible Project Item:
2.0 Design and Permitting
Professional services required for engineering and design, obtaining environmental permits and other
authorizations and the preparation of plans and specifications. This item specifically excludes permit
application fees or any other fees paid to the State of Florida.
2.1 2009 Design and Permitting
Design and permitting of the next nourishment event using the approved Taylor Engineering scope of work
titled: Ft. Pierce Beach Shore Protection Project 2011 Beach Fill Permitting Assistance and Limited
Construction Observation. A scope of work and schedule acceptable to the Department for design services
for updating the project General Reconnaissance Report must be approved before commencement of work on
this sub task.
4.0 Monitoring
A monitoring program conducted in accordance with the requirements specified in any and all permits issued
by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved
in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a
manner that will coordinate the monitoring activities associated with current shoreline stabilization projects
located within or adjacent to the project area and with the Department's Regional Coastal Monitoring
Program.
4.1 2009 First Year Monitoring
Permit required physical and biological monitoring for the 2009 nourishment event.
DEP Agreement No. 09SL2, Attachment A, Page 1 of 1
ATTACHMENT B
FUNDING ELIGIBILITY
FUNDING ELIGIBILITY
FT. PIERCE SHORE PROTECTION PROJECT
Project Boundary: 170 feet north of R34 to R41
Approximate Shoreline Length: 7,045 feet
Public Access
Parkine Spaces
South Jetty Park
49
Unnamed 60' wide beach access between St. Lucie Court
and Avalon Avenue (312 South Ocean Drive)
0
Unnamed 55' wide beach access between St. Lucie Court
and Avalon Avenue (322 South Ocean Drive)
0
Porpoise Avenue
6
Gulf Stream Avenue
6
South Beach Ocean Park
84
Kimberly Bergalis Park
71
Surfside Park
20
Areas determined to be Publicly accessible Total Length (feet)
170 feet north of R34 to R41 7,045
Total eligible shoreline length: 7,045 FEET
Total project shoreline length: 7,045 FEET
Percent eligible for State funding: 100 PERCENT
DEP Agreement No. 09SL2, Attachment B, Page 1 of 1
ATTACHMENT C
ADVANCE PAYMENT JUSTIFICATON FORM
Use of this form is not required unless the advance requested requires the prior approval of the State Chief Financial Officer. For advance requests
that are equal to or less than the purchasing threshold of $25,000.00 , category two as defined in Section 287.017, Florida Statutes, and meet one of
the advance payment requirements identified in Section 215.422(14), Florida Statutes, use of this form is waived. However, the purchase requisition
or contract review form must clearly identify the criteria being met under Section 215.422(14), Florida Statutes which allows the advance to be made
without prior approval of the State Chief Financial Officer.
Name/Address of the Vendor/Recipient:
Contact Person/Phone No.:
Agreement No./Purchase Order No. if known):
Commodities/Services/Project Description:
Organizational Structure
i.e. local ov't, non-profit corporation, etc.
Value of Purchase or Grant:
Advance Payment Amount Requested:
Period Advance Payment to Cover:
90 days startup
❑ Quarterly(specify):
❑Full Contract Period
❑ Other :
Indicate Statutory Authority:
Ll 215.422, F.S
216.181, F.S.
GAA Year and Line Item Info:
SFY:
Line Item:
1. Reason advance payment is required:
2. The following information required for advances requested pursuant to 215.422, Florida Statues (and the Reference Guide for State
Expenditures) which exceed the purchasing threshold of category two as defined in 287.017 Florida Statutes.
A. Document, if applicable, the cost savings to be incurred as a result of an advance payment that are equal or greater than the amount the State
would earn by investing the funds and paying in arrears. Include the percent (%) savings to be realized. In calculating the percent savings as
compared to the percent that can be earned by the State, information may be obtained from the Department of Financial Services, Division of
Accounting and Auditing, Bureau of Auditing at 850/4104194 or SunCom 210-4194 regarding the current Treasury earnings rate.
B. Document, if applicable, how the goods or services are essential to the operation of the Department and why they are available only if advance
payment is made:
DEP Agreement No. 09SL2, Attachment C, Page 1 of 3
C. Identify the procurement method used to select the vendor.
3. The following information required for advances to Governmental Entities and Non -Profits pursuant to 216.181, Florida Statutes.
Limited to GAA Authorized Statutorily Authorized, and Grant & Aid Appropriation Categories 05XXXX or 14XXXX
A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department
on a quarterly basis.
Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the advanced funds:
Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or Contract) No., and
3) be forwarded to the following address:
Florida Department of Environmental Protection
Bureau of Finance and Accounting
Receipts Section
P.O. Box 3070
Tallahassee, Florida 32315-3070
B. A letter requesting advance payment from the recipient, on its letterhead, must be attached.
DEP Agreement No. 09SL2, Attachment C, Page 2 of 3
C. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries,
fringe benefits, overhead, contracts (specify services to be contracted out), equipment, if authorized (specify items to be purchased), supplies, travel,
and other costs.
A sample summary format is provided below. The summary should include the breakdown for each quarter of the agreement period.
Description
First Quarter
Second Quarter
Third Quarter
Fourth Quarter
Salaries
(identify personnel/titles)
Fringe Benefits
Contractual Services
list services and estimated costs
Equipment
(identify each item and cost)
Supplies
Travel
Other (specify)
Overhead/Indirect
Total:
Certification Statement
The forgoing information is presented to the Florida Department of Environmental Protection in support of our request for advance payment. I
certify that the information provided accurately reflects the financial issues facing the entity at this time.
By:
Type Name of Signatory: Date
Title: Chief Financial Officer or designee
DEP Program Area Review/Approval
Recommendation: ❑ Approve Request ❑ Deny Request
By:
Type Name of Signatory: Date
Title: Bureau: Division:
The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78. The Contracts Disbursements Section
will forward requests for advance payment to the State Comptroller for review and legislature consultation, as appropriate.
Bureau of Finance & Accounting Use Only
DEP Agreement No. 09SL2, Attachment C, Page 3 of 3
ATTACHMENT D
ADVANCE PAYMENT — INTEREST EARNED MEMORANDUM
"SAMPLE DOCUMENT"
TO: Dena VanLandingham, Bureau of Beaches and Coastal Systems, MS#300
FROM: Linda Scott, Finance and Accounting Director, Bureau of Finance and Accounting, MS#78
DATE:
SUBJECT: Advance Payment — DEP Agreement No.: XXXX
BECP Project No.: XXXX
Interest Due to DEP: (Quarterly)
Pursuant to Section 216.181(16)(b), Florida Statutes, and paragraph 11 of the AGREEMENT, advance payments must be deposited
into an interest bearing account until all funds have been depleted. In order to comply with this statute, advance approval of the State
Chief Financial Officer, and the terms of the above referenced contract, the following information is needed for our records no later
twenty (20) days following each calendar quarter (i.e. January 20, Aoril 20, July 20, and October 20.)
Advance funding disbursed (date of disbursement)
1. Advanced funds expended by contractor covering period of
(agreement execution) to (end of most recent calendar atr)
2. Balance advance funding principal available
Interest earned on advanced funds covering period of
(agreement execution) to (end of most recent calendar qtr)
4. Amount of interest paid to DEP as of (end of most recent calendar atr)
5. Balance Due to DEP as of (end of most recent calendar qtr)
(Project Manager's Signature) (Date)
Special Instructions: If the grant/contract specifies that any accrued interest that is based upon a grant/contract advance
payment(s) will not be paid to DEP until after termination of the grant/contract, the advance fund recipient shall complete
report items 1 and 2 only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year
quarter shall include items 1, 2, 3, 4, and 5. Items 3, 4, and 5 will be the life to date interest.
If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines 1 and 2.
The lines 1 and 2 reported amounts are on a cash basis for the advance payment principal. Do not include receivables,
payables, or interest previously paid to DEP.
If the grant/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items 1 through 5
for each quarterly report.
Payments of interest due to DEP shall be paid within the specifications of the contract/grant.
Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850)
245-2452 in the Contracts Disbursement Section.
DEP Agreement No. 09SL2, Attachment D, Page 1 of 1
ATTACHMENT E
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,
travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being
claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each
piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved
contract budget should be reimbursed.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of Florida Accounting Information Resource (FLAIR)
reports or other detailed reports.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should
show gross salary charges, fringe benefits, other deductions and net pay. If an individual for
whom reimbursement is being claimed is paid by the hour, a document reflecting the hours
worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits
will be based on a specified percentage rather than the actual cost of fringe benefits, then the
calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which
includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is
purchased using State funds, the contract should include a provision for the transfer of the
property to the State when services are terminated. Documentation must be provided to show
compliance with Department of Management Services Rule 60A-1.017, Florida Administrative
Code, regarding the requirements for contracts that include services and that provide for the
contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes,
for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a
usage log that shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the
following web address: http://www.fldfs.com/aadir/reference%5F ug ide/.
DEP Agreement No. 09SL2, Attachment E, Page 1 of 1
ATTACHMENT F
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART I
PAYMENT SUMMARY
Name of Project: FT. PIERCE SHORE PROTECTION PROJECT
Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 09SL2
Billing Number:
Billing Period:
Billing Type: ❑ Interim Billing ❑ Final Billing
Costs Incurred This Payment Request:
Federal Share*
State Share Local Share Total
*if applicable
Cost Summary:
State Funds Obligated
$ Local Funds Obligated $
Less Advance Pay
$ Less Advance Pay $
Less Previous Payment
$ Less Previous Credits $
Less Previous Retained
$
Less This Payment
$ Less This Credit $
Less This Retainage (10%)
$ Local Funds Remaining $
State Funds Remaining $
Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that
payment from the State Government has not been received; that the work and/or services are in accordance with the
Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including
any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount
billed.
Name of Project Administrator
Signature of Project Administrator Date
Name of Project Financial Officer Signature of Project Financial Officer Date
DEP Agreement No. 09SL2, Attachment F, Page 1 of 3
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56
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT - PART III
PROJECT PROGRESS REPORT
Name of Project: FT. PIERCE SHORE PROTECTION PROJECT
Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 09SL2
Report Period:
Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding
percent of task completed to date. Describe any implementation problems encountered, if applicable.)
Task Eligible Project
No: Item:
2.0 DESIGN AND PERMITTING
2.1 2009 DESIGN AND PERMITTING
4.0 MONITORING
4.1 2009 BEACH CONSTRUCTION FIRST YEAR MONITORING
DEP Agreement No. 09SL2, Attachment F, Page 3 of 3
ATTACHMENT G
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
PROJECT COMPLETION CERTIFICATION
Name of Project: FT. PIERCE SHORE PROTECTION PROJECT
Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 09SL2
*I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement,
including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds
expended for the project were expended pursuant to the Project Agreement. All unused funds and interest accrued on any
unused portion of advanced funds which have not been remitted to the DEPARTMENT, have been returned to the
DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction
portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL
SPONSORS will be due sixty (60) days after the Federal final accounting has been completed.
Name of Project Manager Signature of Project Manager Date
DEP Agreement No. 09SL2, Attachment G, Page I of I
ATTACHMENT H
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor'; Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources, received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http•//12 46 245.173/cfda/cfda.htmi.
DEP Agreement No. 09SL2, Attachment H, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at hLtps:H=s.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at h!ip://www.leg.state.fl.us/Welcome/index.cfin, State of Florida's website at
h.9p://www.mvflorida.com/, Department of Financial Services' Website at hqp://www.fldfs.com/ and the
Auditor General's Website at http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specie any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of Statefinancial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP Agreement No. 09SL2, Attachment H, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (dxl) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
I I I West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 09SL2, Attachment H, Page 3 of 5
Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General, as applicable.
Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless the date is extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 09SL2, Attachment H, Page 4 of 5
ATTACHMENT I
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee's Name:
Grantee's Fiscal Year Period: FROM:
TO:
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal
Year: $
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal
Year: $
Please identify grants to be included in the Single Audit that are provided by the Department of
Environmental Protection
CSFA# CFDA# DEP GRANT AGREEMENT NUMBER
CERTIFICATION STATEMENT:
I hereby certify that the above information is correct:
Name
Title
DEP Agreement No. 09SL2, Attachment I, Page 1 of 1
Date
Attachment "c"
AMENDMENT No: 2
DEP AGREEMENT No: 07SL3
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF BEACHES AND COASTAL SYSTEMS
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
STATE OF FLORIDA
AMENDMENT TO GRANT AGREEMENT FOR
FORT PIERCE IMP IMPLEMENTATION
THIS AGREEMENT entered into on the 8t' day of January, 2008, and amended on the 20'h day of
January, 2009, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter
referred to as the "DEPARTMENT") and the ST. LUCIE COUNTY EROSION DISTRICT, (hereinafter
referred to as the "LOCAL SPONSOR"), is hereby amended as follows:
WHEREAS, the LOCAL SPONSOR has requested and the DEPARTMENT has agreed to add funds to
this Agreement; and,
WHEREAS, other changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
Paragraph 2 the following language is hereby added to the Agreement:
If work identified in the approved Project Work Plan is completed prior to the date shown in the first
sentence of this paragraph, the modification will be reduced to writing in an amendment to this Project
Agreement.
Paragraph 8 Table 1 is hereby revised as follows and the following language is hereby added to
the Agreement:
The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are
identified in Table 1 below:
TAWIN I
Task #
Eligible Project Tasks
Estimated Project Costs
Federal
DEP
Local
Total
2.0
Design and Permitting
$0
2.1
Sediment Impoundment Basin
$117,905
$117,905
$235,810
2.2
Basin Alternative Evaluation
$226,450
$226,450
$452,900
2.3
Final Design and Permitting of
Recommended Alternative
$120,948
$120,948
$241,896
TOTAL PROJECT COSTS
$0
$465,303
$465,303
$930,606
Prior written approval from the DEPARTMENT's Grant Program Administrator shall be required for
changes between approved Project Tasks costs. Informal changes by the DEPARTMENT's Grant
Program Administrator may not exceed 10% of the total budget amount and may not change the Total
Project Costs. The DEPARTMENT's Grant Program Administrator will transmit a copy of the written
approval and revised budget to the DEP Contracts Disbursements Office for inclusion in the Agreement
file. Changes to Project Task costs greater than 10% will require a formal amendment to the Agreement.
Any change to the Total Project Costs require formal amendment.
DEP Agreement No. 07SL3, Amendment No. 2, Page 1 of 4
• Paragraph 9 is hereby revised to change the total amount of funding from the DEPARTMENT
under this Agreement from $344,355 to $465,303.
Paragraph 13 is hereby revised to replace the fourth sentence as follows:
The cumulative amount retained for each eligible Task Scope of Work shall be disbursed to the LOCAL
SPONSOR upon notification to the DEPARTMENT with an executed notice of completion (Attachment
D-1) and after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the
terms and conditions of the Agreement, all applicable DEPARTMENT permits and the applicable scope
of work for said item.
Paragraph 18 is hereby revised to change the DEPARTMENT's Project Manager to Richard
Noyes, Phone: 850/922-7865.
Paragraph 21 the following language is hereby added to the Agreement:
Any changes to the contact information shown above must be reduced to writing in the form of a
Change Order to this Agreement.
• Paragraph 24 is hereby revised to add the following as subparagraph C:
C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to
Single Audit Act Reporting, Attachment F, attached hereto and made a part hereof, within
four (4) months following the end of the Grantee's fiscal year. Attachment F should be
submitted to the DEPARTMENT's Grants Development and Review Manager at 3900
Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399-3000. The Grants
Development and Review Manager is available to answer any questions at (850) 245-2361.
9 Paragraph 34 is hereby deleted in its entirety and replaced with the following:
The LOCAL SPONSOR shall also provide the bid form for the successful bidder. The LOCAL
SPONSOR shall select eligible consultants licensed to offer services in the State of Florida for studies,
design and permitting and monitoring tasks in accordance with Chapter 287, F. S. Upon the
DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation
documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto,
the bid tabulations, and the resulting contract(s), including a detailed scope of work.
• Paragraph 37 is hereby deleted in its entirety and replaced with the following:
The DEPARTMENT may at any time, by written order designated to be a change order, make any
change in the Grant Manager information or task timelines within the current authorized Agreement
period. All change orders are subject to the mutual agreement of both parties as evidenced in writing.
Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal
amendment to this Agreement. Minor modifications which will be handled with a change order include
notification of a change in Contract/Project Manager, modification of deliverable due dates when such
change does not involve a contract extension, and modifying the scope of services when such
modification would not involve a decrease/increase in price or an extension of the contract performance
period.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 07SL3, Amendment No. 2, Page 2 of 4
All references to Attachment(s) A-1 and C-1 respectively, are hereby deleted and replaced with
references to Attachment(s) A-2 and C-2.
Attachment(s) A-1 and C-1 are hereby deleted in their entirety.
Attachment(s) A-2 and C-2 as attached hereto are hereby added to the Agreement.
• In accordance with Paragraph No. 24, a revised copy of Exhibit 1 to Attachment E-1 is herein
provided to identify the additional funds under this Agreement.
Exhibit 1 to Attachment E-1 is hereby deleted in its entirety and replaced with Exhibit 1A,
attached hereto and made a part hereof.
Attachment F as attached hereto is hereby added to the Agreement.
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto,
shall remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 07SL3, Amendment No. 2, Page 3 of 4
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year
last written below.
ST. LUCIE COUNTY EROSION DISTRICT
By:
Title: *Commission Chair
Date:
FEID No.59-6000835
Grantee's Attorney
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
I0
Secretary or designee
Date:
Department of Environmental Protection
Grant Program Administrator
APPROVED as to form and legality:
Department of Environmental Protection
Attorney
*If someone other than the Commission Chair signs this Agreement, a resolution, statement or other
documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the
agreement.
List of Attachments/Exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A-2
Project Work Plan (1 page)
Attachment C-2
Request For Payment, Parts I - III (3 pages)
Attachment E-1
Exhibit IA (page 5 of 5 pages)
Attachment F
Certification of Applicability to Single Audit Act Reporting (1 Page)
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 07SL3, Amendment No. 2, Page 4 of 4
ATTACHMENT A-2
PROJECT WORK PLAN
FORT PIERCE IMP IMPLEMENTATION
The PROJECT consists of the implementation of the Ft. Pierce Inlet Management Plan that includes measures to mitigate
the impacts of the Inlet. The plan recommends bypassing beach compatible dredge material to downdrift beaches within
the area of inlet influence, development of a sediment impoundment basin to facilitate bypassing and the implementation
of a comprehensive monitoring program. The PROJECT shall be conducted in accordance with the terms and conditions
set forth under this Agreement, all applicable Department of Environmental Protection permits and the eligible project
task items established below. All data collection and processing, and the resulting product deliverables, shall comply with
the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and
Geographic Information System Plan, unless otherwise specified in the approved Scope of Work (herein after referred to
as SOW) for an eligible PROJECT item. These plans may be found at hM://www.dep.state.fl.usibeaches/. Three (3)
originals and one (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department, unless otherwise specified.
Task No: Eligible Project Item:
2.0 Design and Permitting
Professional services required for engineering and design, obtaining environmental permits and other
authorizations and the preparation of plans and specifications. This item specifically excludes permit
application fees or any other fees paid to the State of Florida.
2.1 Sediment Impoundment Basin
Taylor Engineering was retained by the St. Lucie County Erosion District to conduct a field measurement
study of St. Lucie Inlet in support of the sediment impoundment basin design effort. Tasks associated with
this effort include: Tide measurement and wind data collection, current and suspended sediment (or bed
elevation change) measurement, bathymetric survey, validation of sediment characteristics, evaluate sediment
basin design alternatives and preparation of a final report.
2.2 Basin Alternatives Evaluation
Taylor Engineering was retained by the St. Lucie County Erosion District to conduct a field measurement
study of St. Lucie Inlet in support of the sediment impoundment basin design effort. Tasks associated with
this effort include: Baseline model setup, calibration and validation; geotechnical investigation;
Environmental assessment documents; Solicitation of stakeholders' inputs; Basin alternatives analysis; Final
report; Preparation of decision document; Presentation of project results and recommendations; Preparation of
the JCP permit application and permit submittals; Response to RAI's; and Project coordination and
management.
2.3 Final Design and Permitting of Recommended Alternative
Develop the design, environmental analysis and permit applications necessary to construct the recommended
alternative for Ft. Pierce Inlet sand bypassing.
DEP Agreement No. 07SL3, Amendment No. 2, Attachment A-2, Page 1 of 1
ATTACHMENT C-2
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART I
PAYMENT SUMMARY
Name of Project: FORT PIERCE IMP IMPLEMENTATION
Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 07SL3
Billing Number: Billing Period:
Billing Type: ❑ Interim Billing ❑Final Billing
Costs Incurred This Payment Request:
Federal Share* State Share Local Share
Q
*if applicable
Cost Summary:
State Funds Obligated $
Less Advance Pay $
Less Previous Payment $
Less Previous Retained $
Less This Payment $
Less This Retainage (10%) $
State Funds Remaining $
e
Local Funds Obligated
Less Advance Pay
Less Previous Credits
Less This Credit
Local Funds Remaining
Total
Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that
payment from the State Government has not been received; that the work and/or services are in accordance with the
Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including
any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount
billed.
Name of Project Administrator
Signature of Project Administrator Date
Name of rroject Pmancial Otlicer Signature of Project Financial Officer Date
DEP Agreement No. 07SL3, Amendment No. 2, Attachment C-2, Page 1 of 3
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT - PART III
PROJECT PROGRESS REPORT
Name of Project: FORT PIERCE IMP IMPLEMENTATION
Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 07SL3
Report Period:
Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding
percent of task completed to date. Describe any implementation problems encountered, if applicable.)
Task Eligible Project
No: Item:
2.0 DESIGN AND PERMITTING
2.1 SEDIMENT IMPOUNDMENT BASIN
2.2 BASIN ALTERNATIVES EVALUATION
2.3 FINAL DESIGN AND PERMITTING OF RECOMMENDED ALTERNATIVE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 07SL3, Amendment No. 2, Attachment C-2, Page 3 of 3
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ATTACHMENT F
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee's Name:
Grantee's Fiscal Year Period: FROM: TO:
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal
Year: $
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal
Year: $
Please identify grants to be included in the Single Audit that are provided by the Department of
Environmental Protection
CSFA# CFDA# DEP GRANT AGREEMENT NUMBER
CERTIFICATION STATEMENT:
I hereby certify that the above information is correct:
Name
Title
Date
DEP Agreement No. 07SL3, Amendment No. 2, Attachment F, Page 1 of I
Attachment "D"
COUNTY
F L O R I D A
WORK AUTHORIZATION NO.02
CONTRACT C06-12-632
FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES
THIS WORK AUTHORIZATION is made as of the day of , 2010, by and
between the ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of
Florida, hereinafter referred to as the "District" and TAYLOR ENGINEERING, INC., hereinafter referred
to as the "Consultant".
WITNESSETH:
WHEREAS, on December 16, 2008, the District entered into a Consulting Agreement (Contract
No. C08-12-632) hereinafter referred to as "Contract" with the Consultant to provide continuing
professional engineering services; and,
WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as
outlined in this individual work authorization; and,
NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good
and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are
legally bound, hereby agree as follows:
PROJECT:
The District has determined that it would like to complete a project described below:
Ft. Pierce Beach Shore Protection Project — 2011 Beach Fill Permitting Assistance and Limited
Construction Observation
(hereinafter referred to as "the Project".)
2. SERVICES:
The District has determined that it would like to utilize the services of the Consultant in the
completion of the Project, to provide professional engineering services for the Project under the pricing,
terms and conditions of the continuing contract (C08-12-632). The services to be provided by
Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as
Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and
made a part of this work authorization and incorporated herein.
Page 1 of 2
2. COMPENSATION:
The cost to perform all services as described in the attached Scope Of Services shall not
exceed a total amount of seventy-five thousand six hundred twenty and 00/100 dollars ($75,620.00), as
further detailed in Exhibit "B
3. CONTRACT DOCUMENT:
Except as amended hereby, all of the original terms and conditions in the Continuing Contract
shall remain in full force and effect.
4. TIME OF COMPLETION:
a. It is hereby understood and mutually agreed by and between parties hereto that the time
of completion is an essential condition of this Contract, time being of the essence.
b. Consultant shall commence work per the written Notice to Proceed, and shall complete
all work within the time, as further described in Exhibit "B'.
C. The period herein above specified for project completion may be extended by such time
as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the
County Administrator with the District invoking all rights and remedies thereof.
d. Where any deductions from or forfeitures of payment in connection with the work of this
Contract are duly and properly imposed against the Consultant, in accordance with the terms of the
Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld
from any monies due or to become due the Consultant under the Contract; and when deducted, shall
be deemed and taken as payment in such amount.
IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective
the date first written above.
ATTEST: ST. LUCIE COUNTY EROSION DISTRICT
CLERK
I
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
TAYLOR GINE S4IN , INC.
BY:
Print Name: V
4
Title: Vitt- t- lir a C'- t a E
Page 2 of 2
EXHIBIT A
Ft. Pierce Beach Shore Protection Project
2011 Beach Fill Permitting Assistance and Limited Construction Observation
This proposal addresses design and permitting activities to facilitate project construction
completion in spring 2011 before the start of the turtle nesting season.
This scope of work assumes the following:
1. The 2011 project represents the third nourishment (second renourishment) under the
Florida Department of Environmental Protection (FDEP) Permit No. 0269646-001-JC.
2. The beach placement area will extend south from the Ft. Pierce Inlet south jetty (200 ft
north of R-34) to R-41.
3. The beach template will match the template permitted by FDEP Permit No. 0269646-
0014C. Thus, the dune, beach berm elevation, construction toe of fill, and equilibrium
toe of fill will be similar to those permitted in the above referenced permit.
4. The borrow area will include the portion of the Capron Shoal complex less than three
miles offshore. We assume that enough sand exists in the portion of the shoal where
Coastal Tech (1995) conducted side scan and magnetometer surveys. Thus, we assume
that the regulatory agencies will not ask for any additional side scan and/or magnetometer
surveys of the borrow area. Additionally, we assume the FDEP will not require any
additional shoal sediment information. We will provide FDEP and USACE available data
and analyses concerning the shoal sand quality.
5. The county or the U.S. Army Corps of Engineers (USACE) has or will obtain all
necessary easements. We will obtain the borrow area easement sketch and legal
description.
6. The USACE will prepare and provide Taylor Engineering final plans and specifications
for the 2011 renourishment project.
7. The USACE will provide Taylor Engineering the contractor's vessel operations plan.
8. The USACE will provide Taylor Engineering names and qualifications and 24-hour
contact information of individuals performing turbidity monitoring.
9. The USACE will provide Taylor Engineering the contractor's biological monitoring
qualifications.
10. The USACE will provide Taylor Engineering the contractor's statement that he has read
and understands the permit conditions.
EXHIBIT A
11. The USACE will provide Taylor Engineering a statement of completion of project
construction, consistent with the requirements outlined in FDEP Permit 0269646-00 1 -JC.
Should any of these assumptions not hold true, we may require extra monies.
Scope of Work
Task 1: Pre -Construction (2011) Permit Requirements
FDEP Permit No. 0269646-001-JC outlines several project requirements including
meetings and written notices before construction. As such, we have identified the following sub -
tasks:
Pre -Construction Meeting
On behalf of the county, we will prepare a pre -construction notice that announces the pre -
construction meeting to the agencies as per FDEP Permit No. 0269646-001-JC, Specific
Condition 8. One Taylor Engineering coastal engineer will attend the preconstruction meeting
with the contractor selected to construct the project. The preconstruction conference will focus on
describing the project and answering the contractor's questions concerning the technical aspects
of the work. We assume this meeting will occur in St. Lucie County.
Marine Turtle and Shorebird Monitoring Meeting
As per FDEP Permit No. 0269646-001-JC, Specific Condition 14m, we will arrange and
attend a meeting between representatives of the contractor, FDEP Bureau of Beaches and Coastal
Systems (BBCS), the Florida Fish and Wildlife Conservation Commission (FFWCC), and
contractor's permitted person or persons responsible for marine turtle and shorebird monitoring.
We assume this meeting will occur in St. Lucie County.
Notice of Commencement
On behalf of the county, we will prepare a Notice of Commencement letter as per FDEP
Permit No. 0269646-001-JC, Specific Condition 3. The letter will include the date of construction
commencement and project schedule, an affirmative statement that the permittee and contractor
have read and understand the general and specific conditions of the permit, the names and
EXHIBIT A
qualifications of individuals performing turbidity monitoring, and the contractor's 24-hour
contact information.
Notice to Proceed Items
As per FDEP Permit No. 0269646-001-JC, Specific Condition 7c and 7d, the county must
provide final plans and specifications, including vessel operations plan, and biological monitoring
qualifications to the FDEP BBCS. We will request the USACE to transmit these items to the
FDEP. We assume the USACE will prepare final plans and specifications for this project. On
behalf of the county, we will, at various stages, review the plans and specifications for
consistency with the permitted beach template.
Legal Descrivtions of Proposed Borrow Area
The borrow area footprint for the 2011 project may change from the 2007 and 2009
project footprints. Through our subcontractor, Morgan & Eklund, Inc., Taylor Engineering will
provide a legal description of the borrow site as part of effort to obtain in a submerged lands
easement from the Florida Division of State Lands. We will provide St. Lucie County two copies
of the certified survey and area sketches.
Task 2: Marine Turtle Historic Use Eva/uadonlAgency Coordination
The FDEP Permit No. 0269646-001-JC sets a construction window of November 1
through April 30. The permit allowed for construction to occur in the early portion of nesting
season in 2007 only. Permit Modification No. 0269646-004-JN allowed construction to occur
through May 15 in Zone "B" (R41 through R-37) and May 31 in Zone "A" (R-37 through R-34).
To reestablish these zones for the 2011 scheduled and future nourishments, we will gather and
analyze marine turtle nesting data from within the project area to support a request for this
modification. We will evaluate nest/day during the early part of the nesting season (March —
May), total nests/zone, nest success/zone, and false crawls/zone. In addition, we will attempt to
evaluate nest relocations success; this latter task depends on the available data.
Once complete, we will submit the county's request for modifying the construction
window to the FDEP, U.S. Fish and Wildlife Service (USFWS), and USACE. We have budgeted
time for coordination with these agencies and to develop and submit responses to agency
questions.
EXHIBIT A • .
In addition, we anticipate attending two meetings each with the USFWS in Vero Beach
and the FDEP in Tallahassee.
Task 3: Project Coordination
The establishment and maintenance of a clear line of communications between the
penmittee and the participating agencies remains the single most important activity during the
permit compliance and construction process. For this project, coordination and liaison activities
must occur between St. Lucie County, and the USACE Jacksonville District, FDEP, FFWCC, and
USFWS. Accordingly, we have budgeted two days of Dr. Srinivas' time for coordination with
these agencies. In addition, we have also budgeted two days of Dr. Schropp's and four days of
Operational Director time to coordinate specific environmental and engineering issues with the
above -named agencies.
Note that during the 2009 nourishment project, we prepared several permit modifications
at the request of the USACE and county. As such, we have budgeted time for preparing three
permit modification requests for the 2011 project.
During construction, we have allotted time for one coastal engineer to perform two site
visits during construction. In addition, we have allocated time to ensure the proper filing of
permit compliance documentation (e.g., turbidity reports) during construction.
Following completion of the project, we will request the USACE to prepare and submit
to the FDEP a statement of completion in accordance with the FDEP permit requirements.
Deliverables
• Pre -construction meeting notice
• Marine turtle and shorebird monitoring meeting notice
• Notice of commencement
• Legal description of borrow area
• Marine turtle historic use report
Page 1 EXHIBIT B
TAYLOR ENGINEERING, INC.
COST SUMMARY BY TASK
P2009-169: FT PIERCE BEACH SPP 2011 PERMITTING ASSISTANCE
TASK 1: Pre -Construction (2011) Permit
Director
38.0
5,472.00
Senior Professional
48.0
5,952.00
Project Professional
4.0
404.00
Staff Professional
8.0
664.00
Senior Editor
1.0
93.00
Administrative Support
6.0
312.00
Total Man -Hours 118.0
Labor Cost 15,224.00
Non -Labor Units Cost ($)
Borrow area easement (Subcontract: Morgan & Eklund) 1.0 1,920.00
Total Non -Labor Cost 1,920.00
TASK 2: Marine Turtle Historic Use
TASK 3: Project Coordination
Total Task 1 $ 17,144.00
Coordination
Director
30.0
4,320.00
Senior Professional
12.0
1,488.00
Project Professional
32.0
3,232.00
Staff Professional
120.0
9,960.00
Senior Editor
6.0
558.00
Senior Technical Support
1.0
90.00
Staff Technical Support
10.0
670.00
Administrative Support
6.0
312.00
Total Man -Hours 243.0
Labor Cost 2.�000
Total Task 2 $ 25,284.00
Vice President
56.0
10,024.00
Director
128.0
18,432.00
Project Professional
40.0
4,040.00
Staff Professional
4.0
332.00
Administrative Support
7.0
364.00
Total Man -Hours 235.0
Labor Cost 33,192.00
Total Task 3 $ 33,192.00
Project Total $ 75,620.00
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Attachment "E"
COUNTY
F L O R I D A --
WORK AUTHORIZATION NO. 03
CONTRACT C08-12-632
FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES
THIS WORK AUTHORIZATION is made as of the day of , 2010, by and
between the ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of
Florida, hereinafter referred to as the "District' and TAYLOR ENGINEERING, INC., hereinafter referred
to as the "Consultant".
WITNESSETH:
WHEREAS, on December 16, 2008, the District entered into a Consulting Agreement (Contract
No. C08-12-632) hereinafter referred to as "Contract" with the Consultant to provide continuing
professional engineering services; and,
WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as
outlined in this individual work authorization; and,
NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good
and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are
legally bound, hereby agree as follows:
PROJECT:
The District has determined that it would like to complete a project described below:
Ft. Pierce Beach Shore Protection Project — 2010 Physical and Environmental Monitoring Scope of
Work
(hereinafter referred to as "the Project'.)
2. SERVICES:
The District has determined that it would like to utilize the services of the Consultant in the
completion of the Project, to provide professional engineering services for the Project under the pricing,
terms and conditions of the continuing contract (C08-12-632). The services to be provided by
Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as
Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and
made a part of this work authorization and incorporated herein.
Page 1 of 2
2. COMPENSATION:
The cost to perform all services as described in the attached Scope of Services shall not exceed
a total amount of two hundred fifty-seven thousand four hundred one and 00/100 dollars ($257,401.00),
as further detailed in Exhibit "B".
3. CONTRACT DOCUMENT:
Except as amended hereby, all of the original terms and conditions in the Continuing Contract
shall remain in full force and effect.
4. TIME OF COMPLETION:
a. It is hereby understood and mutually agreed by and between parties hereto that the time
of completion is an essential condition of this Contract, time being of the essence.
b. Consultant shall commence work per the written Notice to Proceed, and shall complete
all work within the time, as further described in Exhibit "C'.
C. The period herein above specified for project completion may be extended by such time
as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the
County Administrator with the District invoking all rights and remedies thereof.
d. Where any deductions from or forfeitures of payment in connection with the work of this
Contract are duly and properly imposed against the Consultant, in accordance with the terms of the
Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld
from any monies due or to become due the Consultant under the Contract; and when deducted, shall
be deemed and taken as payment in such amount.
IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective
the date first written above.
ATTEST: ST. LUCIE COUNTY EROSION DISTRICT
CLERK
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
WITNESSES: TAYLOR ENGINEERING, INC.
BY:
Print Name:
Title:
Page 2 of 2
10
EXHIBIT A
Ft. Pierce Beach Shore Protection Project
2010 Physical and Environmental Monitoring Scope of Work
Physical and biological project monitoring requirements for 2010, addressed in this scope of
work, are based on monitoring plans incorporated in the existing permit (FDEP Permit No. 0269646-001-
JC). The accepted Physical Monitoring Plan, Ft. Pierce Shore Protection Project (December 2006)
covers collection of hydrographic data and aerial photography. The accepted Biological Monitoring Plan,
Fort Pierce Shore Protection Project (February 2007) covers hardbottom and sea turtle nesting data
collection.
The Ft. Pierce Beach Shore Protection Project area extends from the Ft. Pierce Inlet south jetty
(200 ft north of FDEP profile R-34) to T-41. The physical monitoring control area extends 5,000 ft south
of the project area, from T-41 to R-46. As such, all physical monitoring analyses address the beach reach
from the inlet south jetty to R-46. Tasks 1 — 4 address physical monitoring. Tasks 5 — 9 address biological
monitoring.
Task 1 Beach and Borrow Area Data Acquisition and Quality Control
The beach monitoring area includes the project (R-34 to T-41) and control areas (T-41 to R-46).
The 2010 survey will document beach bathymetric and topographic conditions at every FDEP monument
(R-34 through R-46 — 13 lines). In addition, we will perform a pre -dredging survey of the proposed 2011
borrow site on Capron Shoal. Our survey subcontractor, Morgan & Eklund, Inc., will perform the surveys
and provide us the data.
We will perform all work activities and produce deliverables in accordance with the March 2004
(or later) BBCS Monitoring Standards for Beach Erosion Control Projects; Section 01000, Beach Profile
Topographic Surveying; and Section 01100, Offshore Profile Surveying. (http://www.dep.state.fl.us/
beaches/publications/tech-rpt.htm#RegionalMonitoringPlan). Upon receipt, we will perform a quality
control check of the data.
We will also visit the beach to observe beach and dune geometry and general beach conditions.
A-1
Cost Task 1: $18,138
EXHIBIT A
Task 2 Beach Survey Data Analysis
We will plot the 2010, 2009 pre- and post -construction, 2007 pre- and post -construction, and
1999 pre -construction beach profiles in the project and control areas.
We will determine the 2010 MHW and MLW shoreline conditions and compare them to the 2009
pre- and post -construction MHW and MLW shoreline positions. We will then compare these positions to
the 2007 pre- and post -construction, and 1999 pre -construction shoreline positions to document shoreline
change magnitudes and rates.
We will determine and compare beach volumes for 2010, 2009 pre- and post -construction, 2007
pre- and post -construction, and 1999 pre -construction conditions. We will compute volume changes over
three vertical compartments: dune and MHW, MHW and MLW, and MLW and -10 R NGVD. We will
also compute beach volume changes seaward of the -10 ft NGVD contour; the presence of exposed
hardbottom, with rapidly varying elevation characteristics, in this seaward region may limit the utility of
this portion of analysis. Integration of beach volume changes alongshore will develop sediment pathways,
identify areas of accretion and erosion, and document the project performance.
Cost Task 2: $18,616
Task 3 Aerial Photography
Our subcontractor, Aerial Cartographics of America (ACA) will collect aerial photography of the
project shoreline. Morgan & Eklund will set ground control points for ACA. We will ensure that all work
activities and deliverables be conducted in accordance with the March 2004 (or later) BBCS Monitoring
Standards for Beach Erosion Control Projects, Section 02100, Environmental Aerial Photography.
(Document available on the web at: http://www.dep.state.fl.us/beaches/publications/tech-
rpt.htm#RegionalMonitoringPlan).
We will deliver one set of vertical color pictures and CD/DVD with georeferenced scanned
pictures.
Cost Task 3: $8,598
A-2
.r
EXHIBIT A
Task 4 Physical Monitoring Report
We will prepare and submit three paper copies and one electronic copy of our report documenting
the methods and results of the beach monitoring to the FDEP and two paper copies and one electronic
copy of the report to the county.
Cost Task 4: $15,020
Task 5 Marine Turtle Daily Nest Monitoring
Our subcontractor, Ecological Associates, Inc. (EAI), will provide all marine turtle related
monitoring services as required by the FDEP permit and approved 2007 Biological Monitoring Plan.
Marine turtle nest monitoring will begin March 1 and continue through October 31. Daily sea
turtle nesting surveys of the project area will commence on March 1 through September 15. Thereafter,
monitoring will occur three days per week until the last nest has hatched. Monitoring will include daily
nest monitoring, marking and evaluating of a representative sample of nest (a minimum of 75 if
available), and determining reproductive success. The turtle monitor will also determine and record false
crawls and nests by species. Monitoring will occur within the re -nourished beach and an adjacent control
area, of equal length, immediately south of the renourished beach.
Task 5: $57,998
Task 6 Pre -nesting Season Sand Compaction and Escarpment Monitoring (Optional Task)
Before February 12, EAI will conduct sand compaction and escarpment surveys. Results from
that effort will be provided to the county and FDEP to determine if appropriate action is required. Please
note that the county may elect to proactively till the beach and level escarpments prior to March 1,
2010. Those actions would eliminate the need for this task.
Task 6: $2,442
Task 7 Nesting Season Weekly Escarpment Monitoring
Beginning March 1, our subconsultant, EAI, will conduct weekly escarpment surveys.
Escarpment surveys will continue through October 31. Based on the escarpment survey results, Taylor
Engineering will coordinate escarpment management activity with the county and FDEP, if required.
Task 7: $2,694
A-3
EXHIBIT A
Task 8 Marine Turtle In -Water Surveys
Our subcontractor, EAI, will perform four quarterly nearshore and mitigation area in -water
marine turtle surveys as required by the FDEP permit and the FDEP-approved 2007 Biological
Monitoring Plan.
EAI will use a boat equipped with a tower capable of holding two observers to traverse shore
parallel transects at a constant speed. The nearshore, shore -parallel transects, 1 km in length, lie along the
equilibrium toe of fill (ETOF) in the beach nourishment project area and a similar distance off the beach
in a control area about 12,000 ft south of the project area. One observer will look to port; the other to
starboard. Observers will record and identify the species of any turtle observed surfacing along each
transects. The mitigation area monitoring observations shall coincide with the nearshore monitoring
observations. One transect will also traverse the mitigation site. The survey protocol shall follow the
nearshore monitoring protocol as described above.
Cost Task 8: $13,808
Task 9 Hardbottom Monitoring
Our subcontractor, CSA International (formerly Continental Shelf Associates, Inc.), will conduct
hardbottom monitoring as required by the FDEP permit and the FDEP-approved 2007 Biological
Monitoring Plan. Hardbottom monitoring shall consist of videotape transects, still photographic transects,
and quadrant sampling along transect lines specifically identified and marked during previous hardbottom
surveys. Hardbottom monitoring transects include the project area (R-35, R-37, R-39, R-41), downdrift
area (R-42, R-43), control area (R-53, R-54), and the mitigation artificial reef (three transects).
We will determine impacts to hardbottom based on these ground truth surveys, aerial
photographs, and beach survey data.
Cost Task 9: $101,192
Task 10 Lighting Surveys
Our subcontractor, EAI, will monitor beachfront lighting as required FDEP permit and the FDEP
approved 2007 Biological Monitoring Plan. The monitoring area will extend from the jetty south to the
end of the 2007 nourishment area. EAI will conduct an initial lighting survey no later than March 15.
A-4
6
EXHIBIT A
Thereafter, surveyors will conduct nighttime monthly surveys through September. During each survey,
EAI will identify lights visible from the beach and complete standard lighting report forms noting light
characteristics with reference to the local lighting regulation. We will provide the monthly reports to the
county and the FDEP. Before March 15, we will coordinate and attend a meeting with the FWC, FDEP,
FWS, City of Fort Pierce, and the county, to discuss required actions to address all lighting issues.
Cost Task 10: $11,181
Task 11 Biological Monitoring Annual Report
We will submit the marine turtle and hardbottom monitoring reports to the FDEP and summarize
their results into a single letter report. We will submit one hard copy and one digital copy of each report
to the county and four hard copies and one digital copy of each report to the FDEP.
Cost Task 11: $7,714
Total Project Cost: $257,401
We will provide these services for a fixed lump sum fee of $257,401. Exhibit B presents the cost
proposal.
A-5
..
Page 1
TAYLOR ENGINEERING, INC.
COST SUMMARY BY TASK
P2009-214: 2010 FT. PIERCE SPP MONITORING
TASK 1: Beach Data Acquisition and Quality Control
Senior Professional
0.125
124.00
Project Professional
2.250
1,818.00
Administrative Support
0.250
104.00
Total Man -Days
3.000
Labor Cost
2,583.00
Non -Labor
Units
Cost ($)
Subcontract hydrographic survey
1.000
15,555.00
Total Non -Labor Cost
15,555.00
TASK 2: Beach
Total Task 1 $ 18,138.00
ask
R. Bruce Taylor, Ph.D.
0.625
1,250.00
Vice President
0.750
1,074.00
Director
2.625
3,024.00
Senior Professional
0.500
496.00
Project Professional
14.500
11,716.00
Staff Technical Support
1.000
536.00
Administrative Support
1.250
520.00
Total Man -Days 21.250
Labor Cost 18,616.00
Total Task 2 $ 18,616.00
Senior Professional 0.125 124.00
Project Professional 1.125 909.00
Total Man -Days 1.500
Labor Cost
1,321.00
Non -Labor Units Cost ($)
Subcontract aerial photography (ACA) 1.000 5,162.00
Subcontract ground targets(M&E) 1.000 2,115.00
Total Non -Labor Cost 7,277.00
Total Task 3 $ 8,598.00
Page 2
P2009-214: 2010 FT. PIERCE SPP MONITORING
TASK 4: Physical Monitori
K. Bruce Taylor, Ph.D.
0.250
500.00
Vice President
0.750
1,074.00
Director
2.000
2,304.00
Senior Professional
1.000
992.00
Project Professional
7.500
6,060.00
Senior Editor
1.750
1,302.00
Senior Technical Support
1.000
720.00
Staff Technical Support
2.500
1,340.00
Administrative Support
1.750
728.00
Total Man -Days 18.500
Labor Cost 15,020.00
Total Task 4 $ 15,020.00
TASK 5: Marine Turtle Daily Nest Monitorin
vice rresiaeni
0.250
358.00
Director
0.250
288.00
Project Professional
4.000
3,232.00
Administrative Support
1.250
520.00
Total Man -Days
5.750
Labor Cost
4,398.00
Non -Labor
Units
Cost ($)
Subcontract (EAI)
1.000
53,600.00
Total Non -Labor Cost
53,600.00
Total Task 5 $ 57,998.00
TASK 6: Pre -Nesting Season Sand Compaction and
Total Man -Days 0.250
Labor Cost
Task)
202.00
Non -Labor Units Cost ($)
Subcontract (EAI) 1.000 2,240.00
Total Non -Labor Cost 2,240.00
Total Task 6 $ 2,442.00
TASK 7: Nesting Season
Page 3
P2009-214: 2010 FT. PIERCE SPP MONITORING
Project Professional 1.000 808.00
Total Man -Days 1.000
Labor Cost
808.00
Non -Labor Units Cost ($)
Subcontract (EAI) 1.000 1,886.00
Total Non -Labor Cost 1,886.00
Total Task 7 $ 2,694.00
TASK 8: Marine Turtle In -Water
otals
Director
0.750
864.00
Project Professional
1.000
808.00
Administrative Support
0.500
208.00
Total Man -Days
2.500
Labor Cost
2,238.00
Non -Labor
Units
Cost ($)
Subcontract (EAI)
1.000
11,570.00
Total Non -Labor Cost
11,570.00
Total Task 8 $ 13,808.00
TASK 9: Hardbottom
vice rresiaent
1.500
2,148.00
Director
1.500
1,728.00
Project Professional
9.000
7,272.00
Senior Technical Support
1.000
720.00
Staff Technical Support
2.000
1,072.00
Administrative Support
0.875
364.00
Total Man -Days 15.875
Labor Cost 13,304.00
Total Task 9 $ 101,192.00
Director 0.500 576.00
Project Professional 3.500 2,828.00
Total Man -Days 4.250
Labor Cost 3,762.00
Page 4
P2009-214: 2010 FT. PIERCE SPP MONITORING
Non -Labor Units Cost ($)
Subcontract (EAI) 1.000 7,419.00
Total Non -Labor Cost 7,419.00
Total Task 10 $ 11,181.00
TASK 11: Biological Monitorinq Annual
K. 13ruce Taylor, Ph.D.
0.125
250.00
Vice President
0.750
1,074.00
Director
0.500
576.00
Senior Professional
0.250
248.00
Project Professional
5.250
4,242.00
Senior Editor
0.500
372.00
Staff Technical Support
1.000
536.00
Administrative Support
1.000
416.00
Total Man -Days 9.375
Labor Cost 7,714.00
Total Task 11 $ 7,714.00
Project Total $ 257,401.00
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