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Agenda Packet 02-23-2010
i GYI YQ1 Y LN, LV IV 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rp_ior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. February 23, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.org Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 Chris Craft District No. 5 1fi"ULqWWfiWwMHHjHta st�ui�ezitu» INVOCATION PLEDGE OF ALLEGIANCE III. MINUTES 1 , ; � L� -CJ Approve the minutes from the February 16, 2010 meeting. 1 IV. PROCLAMATIONS/PRESENTATIONS A. Census 2010 Update Presentation by Beth Ryder, Co Chair of the St. Lucie County Complete Count Committee V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA 1 A. WARRANTS Approve warrant list No. 21 B. COUNTY ATTORNEY Aircraft Service Center, Inc. — Sublease Agreement with Blue Diamond Turbine Services, Inc. Consider staff recommendation to approve consent to the sublease agreement between Aircraft Service Center, Inc., and Blue Diamond Turbine Services, Inc. Celebration Pointe Subdivision Improvement Board Consider staff recommendation to grant permission to sue Bond Safeguard Insurance Company to enforce the provisions of the bonds. Florida East Coast Railway Blanket Crossings License Agreement — Acknowledgement and Agreement for Assignment of Rents and Fees to Bank of America, N.A. Consider staff recommendation to approve the attached Acknowledgment and Agreement for the Florida East Coast Railway Blanket Crossings License Agreement, and authorize the Chairman to sign the Agreement. B. COUNTY ATTORNEY CONTINUED 4. Treasure Coast Research Park — Conceptual Approval of Conveyance of Sixty (60) Acres to St. Lucie County School Board Consider staff recommendation to grant conceptual approval for the conveyance of sixty (60) acres to the School Board of St. Lucie County as provided in the June 17, 2009 Sublease Agreement between the School Board and the University of Florida Board of Trustees. 5. B&E Houck Enterprises, Inc. — Consent to Lease Agreement and First and Second Addenda to Lease Agreement with Aviator Holdings of Florida, Inc. Consider staff recommendation to approve consent to the Lease Agreement and First and Second Addenda to Lease Agreement between B& E Houck Enterprises, Inc. and Aviator Holdings of Florida, Inc. Florida Communities Trust — Harbor Branch Preserve/FCT Project 07-027-FF7 — Third Amendment to Option Agreement for Sale and Purchase Consider staff recommendation to approve the Third Amendment to Option Agreement for Sale and Purchase of the Harbour Branch Preserve parcels, authorize the Chairman to execute the Third Amendment and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. C. MANAGEMENT AND BUDGET Fixed Asset Inventory — Property Record Removal Consider staff recommendation to approve authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital inventory of various departments of St. Lucie County Board of County Commissioners. Fixed Asset Inventory — Property Record Removal Consider staff recommendation to approve authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital inventory of St. Lucie County Tax Collector's Office. 3. Fixed Asset Inventory — Property Record Removal Consider staff recommendation to approve authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the Clerk of the Circuit Court. Resolution No. 10-067, Changes to Purchasing Manual — Environmentally Preferred Purchasing Consider staff recommendation to approve Resolution No. 10-067, Changes to Purchasing Manual — Environmentally Preferred Purchasing. D. ENVIRONMENTAL RESOURCES Resolution No. 10-065, Amendment to SLC Greenprint Consider staff recommendation to approve Resolution No. 10-065 to amend Resolution 09-207 and the St. Lucie County Greenprint per Attachments A and B, and authorization for the Chair to sign documents as approved by the County Attorney. 2. Second Amendment to Building Green Generations, Inc. contract Consider staff recommendation to approve of the second amendment to contract # C09- 03-089 for a no -cost time extension as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. E. GRANTS Silver Line Plastics — Job Growth Incentive Grant Consider staff recommendation to approve of a Job Growth Incentive Grant of $72,600 to Silver Line Plastics, Inc. and authorization for the Chairman to sign grant contract documents as prepared by the County Attorney. 2. Harbor Branch Preserve — SFWMD Grant Contract Amendment Consider staff recommendation to approve of an amendment to a grant contract with the South Florida Water Management District for the Harbor Branch Preserve project extending the time period of the contract to July 5, 2010. F. COMMUNITY SERVICES Subrecipient Agreement with Fort Pierce Housing Authority (FPHA) Consider staff recommendation to approve of the Subreicipent Agreement with FPHA for the management of rental properties under the NSP program, and authorization for the Chairman to sign the documents as approved by the County Attorney. Contract Cancellation Consider staff recommendation to approve to cancel contract C09-08-288 with CCMS and authorization for the Chairman to sign documents as approved by the County Attorney. Award of Housing Rehabilitation Bids Consider staff recommendation to approve to award bids for four rehabilitation projects under the HOME program, and authorization for the Chairman to sign documents as approved by the County Attorney. G. PUBLIC WORKS Mitigation Credits Consider staff recommendation to approve authorization to purchase 5.2 additional Mitigation Credits from the Bluefield Mitigation Bank in the amount of $154,000 and authorize the Chairman to sign the agreements as approved by the County Attorney. G. PUBLIC WORKS CONTINUED North Lennard Road 1, 2, and 3 Municipal Service Benefit Units (MSBUs) Consider staff recommendation to approve of the Restrictive Covenant Agreements for the North Lennard Road 1, 2, and 3 MSBUs as outlined in the agenda memorandum. H. INVESTMENT FOR THE FUTURE Award of Bid No. 10-008 — Rock Road Correction Facility Chiller Addition Consider staff recommendation to approve to award Bid No. 10-088 to Grimes/Three G's and authorize the Chairman to sign documents as approved by the County Attorney. INFORMATION TECHNOLOGY Google Message Discovery (Postini) Software Support Contract Renewal Consider staff recommendation to approve of the contract for Commercium Technology, Inc. in the amount of $29,467.75 and authorization for the Chairman to sign documents as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. PUBLIC WORKS �rQG Notice of Intent to establish Energy Conservation/Renewable Energy (ECRE) Municipal Service I I Benefit Unit (MSBU) J Consider staff recommendation to approve authorization of Resolution number 10-018 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. END OF PUBLIC HEARINGS Vill. COUNTY ATTORNEY Request permission to vacate a portion of the Plat of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31-35 ����� ��(� Consider staff recommendation to approve Resolution No. 10-057 vacating certain 10 foot Drainage Easements lying between Lots 1, 2 and 3 of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31-35 of the Public Records of St. Lucie County, Florida. IX. HUMAN RESOURCES Amendment to Employee Handbook X. BOARD OF COUNTY COMMISSIONERS Updates from the Commissioners on the various Boards/Committees XI. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, February 23, 2010 at 1:30 p.m. in Conference Room #3. 2. The 45th Annual St. Lucie County Fair will take place February 26, 2010 - March 7, 2010 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stluciecountyfair.com. 3. The New York Mets kick off their Spring Training Season at Tradition Field in Port St. Lucie on Tuesday, March 2, 2010 vs. the Atlanta Braves at 1:10 p.m. Home games run through April 1, 2010 with games vs. the Florida Marlins, Boston Red Sox, St. Louis Cardinals, Houston Astros, Washington Nationals, Detroit Tigers and others. For tickets call (772) 871-2115 or visit www.traditionfield.com. 4. St. Lucie County will conduct the a second Educational Forum for the Western Lands Study on Saturday, March 6, 2010 from 9 am to 12:30 pm at the Havert L. Fenn Center, 2000 Virginia Ave., Fort Pierce. For more information please contact Kara Wood at 772-462-2822 or woodk(a)stlucieco.org. 5. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, March 23, 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 www.co.st-lucie.fl.us www.stiucieco.org whoommmunmumumiiiiiniiiiiiiiiiiiiI 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 0111HUM11111111101 1.� MINUTES 1V qpl' Cti Approve the minutes from the February 9, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA Q U A. WARRANTS 0 Approve warrant list No. 20 and 21. 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 www.co.st-lucie.fl.us www.stiucieco.org Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 ,�1 J I MINUTES Approve the minutes from the February 9, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS i Approve warrant list No. 20 and 21. 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. #ii#tiit #FiFt3tti#FFFIit#itF[tittttitti February 23, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. February 23, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.org if#fiiff#i#i�ffi#ffilii#flii#tiiii#fi####ft#i#if###i#Eiiifiif#f##i#fi#�Iiiiiiil3iiii#iitii#Iffiii#1�If#iil#liil�ii#1101###f#3##fi##iN####I#li#fi#ii#iiifi#i0iiif#�3t###fiffii#i##i##f! Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 ff�#i#1#i�#i##Niii##tllff#liif#fT#iii##f###�iiiiitiiiiiii#�#i#IfitN��#i�i#iffi##f#ftii�iit1#�fii#3iiiifi#fli8i�iff#f�fi�t1#i###f#itiiiifft#ii#f#if�##iiii#if#iii#i##liifiiiitiiifii�fti#i INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the February 16, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Census 2010 Update Presentation by Beth Ryder, Co Chair of the St. Lucie County Complete Count Committee V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 21 B. COUNTY ATTORNEY Aircraft Service Center, Inc. — Sublease Agreement with Blue Diamond Turbine Services, Inc. Consider staff recommendation to approve consent to the sublease agreement between Aircraft Service Center, Inc., and Blue Diamond Turbine Services, Inc. Celebration Pointe Subdivision Improvement Board Consider staff recommendation to grant permission to sue Bond Safeguard Insurance Company to enforce the provisions of the bonds. 3. Florida East Coast Railway Blanket Crossings License Agreement — Acknowledgement and Agreement for Assignment of Rents and Fees to Bank of America, N.A. Consider staff recommendation to approve the attached Acknowledgment and Agreement for the Florida East Coast Railway Blanket Crossings License Agreement, and authorize the Chairman to sign the Agreement. B. COUNTY ATTORNEY CONTINUED 4. Treasure Coast Research Park — Conceptual Approval of Conveyance of Sixty (60) Acres to St. Lucie County School Board Consider staff recommendation to grant conceptual approval for the conveyance of sixty (60) acres to the School Board of St. Lucie County as provided in the June 17, 2009 Sublease Agreement between the School Board and the University of Florida Board of Trustees. 5. B&E Houck Enterprises, Inc. — Consent to Lease Agreement and First and Second Addenda to Lease Agreement with Aviator Holdings of Florida, Inc. Consider staff recommendation to approve consent to the Lease Agreement and First and Second Addenda to Lease Agreement between B& E Houck Enterprises, Inc. and Aviator Holdings of Florida, Inc. 6. Florida Communities Trust — Harbor Branch Preserve/FCT Project 07-027-FF7 — Third Amendment to Option Agreement for Sale and Purchase Consider staff recommendation to approve the Third Amendment to Option Agreement for Sale and Purchase of the Harbour Branch Preserve parcels, authorize the Chairman to execute the Third Amendment and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. C. MANAGEMENT AND BUDGET Fixed Asset Inventory — Property Record Removal Consider staff recommendation to approve authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital inventory of various departments of St. Lucie County Board of County Commissioners. Fixed Asset Inventory — Property Record Removal Consider staff recommendation to approve authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital inventory of St. Lucie County Tax Collector's Office. Fixed Asset Inventory — Property Record Removal Consider staff recommendation to approve authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the Clerk of the Circuit Court. 4. Resolution No. 10-067, Changes to Purchasing Manual — Environmentally Preferred Purchasing Consider staff recommendation to approve Resolution No. 10-067, Changes to Purchasing Manual — Environmentally Preferred Purchasing. D. ENVIRONMENTAL RESOURCES Resolution No. 10-065, Amendment to SLC Greenprint Consider staff recommendation to approve Resolution No. 10-065 to amend Resolution 09-207 and the St. Lucie County Greenprint per Attachments A and B, and authorization for the Chair to sign documents as approved by the County Attorney. 2. Second Amendment to Building Green Generations, Inc. contract Consider staff recommendation to approve of the second amendment to contract # C09- 03-089 for a no -cost time extension as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. E. GRANTS Silver Line Plastics — Job Growth Incentive Grant Consider staff recommendation to approve of a Job Growth Incentive Grant of $72,600 to Silver Line Plastics, Inc. and authorization for the Chairman to sign grant contract documents as prepared by the County Attorney. Harbor Branch Preserve — SFWMD Grant Contract Amendment Consider staff recommendation to approve of an amendment to a grant contract with the South Florida Water Management District for the Harbor Branch Preserve project extending the time period of the contract to July 5, 2010. F. COMMUNITY SERVICES Subrecipient Agreement with Fort Pierce Housing Authority (FPHA) Consider staff recommendation to approve of the Subreicipent Agreement with FPHA for the management of rental properties under the NSP program, and authorization for the Chairman to sign the documents as approved by the County Attorney. Contract Cancellation Consider staff recommendation to approve to cancel contract C09-08-288 with CCMS and authorization for the Chairman to sign documents as approved by the County Attorney. Award of Housing Rehabilitation Bids Consider staff recommendation to approve to award bids for four rehabilitation projects under the HOME program, and authorization for the Chairman to sign documents as approved by the County Attorney. G. PUBLIC WORKS Mitigation Credits Consider staff recommendation to approve authorization to purchase 5.2 additional Mitigation Credits from the Bluefield Mitigation Bank in the amount of $154,000 and authorize the Chairman to sign the agreements as approved by the County Attorney. G. PUBLIC WORKS CONTINUED North Lennard Road 1, 2, and 3 Municipal Service Benefit Units (MSBUs) Consider staff recommendation to approve of the Restrictive Covenant Agreements for the North Lennard Road 1, 2, and 3 MSBUs as outlined in the agenda memorandum. H. INVESTMENT FOR THE FUTURE Award of Bid No. 10-008 — Rock Road Correction Facility Chiller Addition Consider staff recommendation to approve to award Bid No. 10-088 to Grimes/Three G's and authorize the Chairman to sign documents as approved by the County Attorney. INFORMATION TECHNOLOGY Google Message Discovery (Postini) Software Support Contract Renewal Consider staff recommendation to approve of the contract for Commercium Technology, Inc. in the amount of $29,467.75 and authorization for the Chairman to sign documents as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. PUBLIC WORKS Notice of Intent to establish Energy Conservation/Renewable Energy (ECRE) Municipal Service Benefit Unit (MSBU) Consider staff recommendation to approve authorization of Resolution number 10-018 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. END OF PUBLIC HEARINGS Vill. COUNTY ATTORNEY Request permission to vacate a portion of the Plat of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31-35 Consider staff recommendation to approve Resolution No. 10-057 vacating certain 10 foot Drainage Easements lying between Lots 1, 2 and 3 of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31-35 of the Public Records of St. Lucie County, Florida. IX. HUMAN RESOURCES Amendment to Employee Handbook X. BOARD OF COUNTY COMMISSIONERS Updates from the Commissioners on the various Boards/Committees XI. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, February 23, 2010 at 1:30 p.m. in Conference Room #3. The 45th Annual St. Lucie County Fair will take place February 26, 2010 - March 7, 2010 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stluciecountyfair.com. 3. The New York Mets kick off their Spring Training Season at Tradition Field in Port St. Lucie on Tuesday, March 2, 2010 vs. the Atlanta Braves at 1:10 p.m. Home games run through April 1, 2010 with games vs. the Florida Marlins, Boston Red Sox, St. Louis Cardinals, Houston Astros, Washington Nationals, Detroit Tigers and others. For tickets call (772) 871-2115 or visit www.traditionfield.com. St. Lucie County will conduct the a second Educational Forum for the Western Lands Study on Saturday, March 6, 2010 from 9 am to 12:30 pm at the Havert L. Fenn Center, 2000 Virginia Ave., Fort Pierce. For more information please contact Kara Wood at 772-462-2822 or woodk(d)stlucieco.on 5. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, March 23, 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 sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co-st-lucie.fl.us www.stlucieco.org #i##iiiifiiillitiinfli t111ii#Nil(#siiii##iiiii#iili liiiiti#it# i33iiiiiiiii#ii ii##ii#ii#ii#i #ii#iiiiii#i ifiii##iii#ii #ii##iii t 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 ii##itfu lfil##Iiiiiiti #i#iiiii##ti#ii#i#iti MINUTES Approve the minutes from the February 9, 2010 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 20 and 21. 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 www.co.st-lucie.fl.us www.stlucieco.org # #ififl#tt ili ti#iiitf#irilliiiiiiiitii ifitiii�ili#ii t ifiiiii i tli iti# i1 ##flttift tqi#tiitiititilttiltl#iIittiliiliitiii#t liiftii#iiii#i #iitfiifi#f# i#fitiifffi of#tifti#ill tiff 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 161111 #[t[filif t[fiiiiii#ft iif �ifitifiii i it H iiffiiti## iiiiiii[iiii fiiit fttil1 iiifi#flil iiiii1flitfflftifttii itlt#iitiiifiifiItitiiti#[fiilitfitt#[fiii i iiftil MINUTES Approve the minutes from the February 9, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 20 and 21. 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. 2010 Census Complete Count Committee Update Ceri� 2010is Hard to Count.... • 40% or more households did not return questionnaire by mail • 35% of those below poverty level • 20% of those receiving public assistance, disability, or SSI • 60% or more renters ........_ .........._..... . Hard to Count.... • Scattered mobile homes • High crime areas • Areas with many people who have limited education • Neighborhoods with hidden housing units • Grandparents as primary caregivers for minor grandchildren 2/18/2010 Goals • Increase census awareness and its importance among all residents, especially the hard to count groups • Increase the mail response rate • Overcome myths associated with completing the questionnaire • Help to ensure compliance with Federal Census response requirements Hard to Count.... • Minority groups, immigrants, communities isolated because of language, migrant workers • 6% or more who speak a language other than English at home • 20% or more with female -headed households Secured buildings; gated communities County Support Provided • Coordinate meetings for the Complete Count Committee • Provide materials for distribution • Aid with finding space for the Job Fair and testing and assistance site locations d = 2010 6 1 2/18/2010 7Websi Accomplishments te links • Television Programming/PSA • St. Lucie • Fort Pierce • Port St. Lucie r,5 .NOUR HANDS • The School District • Radio PSA's • Newspaper Ads Pending • Census Day Proclamation —April 1 • Live United TV Program • Fair Booth c • Friday Fest 2010 • Be Counted Sites • Questionnaire Assistance Sites C BE COUNTED! Count everyone where they eat and sleep most of the time ..: 44 WR BANDS n Accomplishments • Banners Displayed ,. • >70,000 flyers & 200 posters N OUR HANDS • Job Fair was a great success • Presentation to the County Homeowner Associations & Landlord Association, and others Easy! Confidential! • Ensure SLC receives its share of funding for essential services like schools, roads, hospitals, child-care, businesses, housing and more. ,o 0� CONSENT AGENDA ITEMS 02/19/10 FZABWARR FUND TITLE 001 001113 001164 001176 001180 001184 001188 001194 001442 001509 001510 001511 001512 001513 001515 101 101002 101003 101004 102 102001 102809 107 107001 107002 107003 107005 107006 107205 107206 130 130102 130209 140 140001 140137 140306 140348 140351 140365 150 160 183 183001 183004 185010 189100 189101 ST. LUCIE COUNTY - BOARD WARRANT LIST #21- 13-FEB-2010 TO 19-FEB-2010 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran USDOJ Violence Against Women Grant FTA Section 5303 F/Y06 US Dept Housing HUD Shelter Plus Gr CDBG 07 Section 112/MPO/Fhwa/Planning 2007 U.S. Dept of Housing & Community FCTD Planning Grant Agreement US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program EITC CSBG T&TA Program FDCA EMPA FY10 Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt SLC Public Transit MSTU FTA 5307-ARRA 2009 Capital Projects FCTD TRIP FY 09/10 Airport Fund Port Fund FAA Runway Rehab & Security Fencing DOT -New N. Entrance Port Ft. Pierce Taxiway Shoulders & Drainage Install Access Control System FDOT Rehab Runway 1OR/28L 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 Home Consortium FY 2008 EXPENSES 1,512, 528 .79 114,867.01 13,645.43 111.95 7,272.30 0.00 29, 978.87 4,466.00 25.09 21.13 88.56 1, 805. 99 813.10 795.00 1,849.96 2, 831.21 7,248.90 6,412. 97 6,213.18 5,475.89 1,393.11 2,113.67 279,911.51 87.26 17,584.49 262.36 8,757.17 1,053.29 1,173.42 181.35 157.65 6,010.00 27,858.17 3, 381.24 148.80 21,814.36 8,828.91 32,322.00 85,034.72 1,148.12 298.71 6,236.45 632.18 580.00 939.09 155.62 121.60 24,000.00 PAGE PAYROLL 600,292.18 24,412.46 48.81 1,509.62 532.43 4, 919.52 9,505. 98 0.00 341.86 295.74 1, 157 . 60 1,726.40 4,712.14 0.00 0.00 36, 670.42 44,861.73 17,764.17 17,244.75 73,072.51 5,452.03 4,049.14 111,774.94 1, 122 .83 39,546.96 0.00 0.00 8,736.95 2,076.00 0.00 2,176.18 0.00 0.00 14,892.65 0.00 0.00 0.00 0.00 0.00 0.00 1,523.20 3, 447 .39 3,009.49 0.00 5, 404 .72 2,163.26 6, 052 . 14 0.00 1 02/19/10 FZABWARR FUND TITLE 001 001113 001164 001176 001180 001184 001188 001194 001442 001509 001510 001511 001512 001513 001515 101 101002 101003 101004 102 102001 102809 107 107001 107002 107003 107005 107006 107205 107206 130 130102 130209 140 140001 140137 140306 140348 140351 140365 150 160 183 183001 183004 185010 189100 189101 ST. LUCIE COUNTY - BOARD WARRANT LIST #21- 13-FEB-2010 TO 19-FEB-2010 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran USDOJ Violence Against Women Grant FTA Section 5303 F/Y06 US Dept Housing HUD Shelter Plus Gr CDBG 07 Section 112/MPO/Fhwa/Planning 2007 U.S. Dept of Housing & Community FCTD Planning Grant Agreement US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program EITC CSBG T&TA Program FDCA EMPA FY10 Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt SLC Public Transit MSTU FTA 5307-ARRA 2009 Capital Projects FCTD TRIP FY 09/10 Airport Fund Port Fund FAA Runway Rehab & Security Fencing DOT -New N. Entrance Port Ft. Pierce Taxiway Shoulders & Drainage Install Access Control System FDOT Rehab Runway 1OR/28L 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 Home Consortium FY 2008 EXPENSES 1,512,528.79 114,867.01 13,645.43 111.95 7,272.30 0.00 29, 978.87 4,466.00 25.09 21.13 88.56 1, 805. 99 813.10 795.00 1,849.96 2, 831.21 7,248.90 6, 412. 97 6,213.18 5,475.89 1,393.11 2, 113. 67 279,911.51 87.26 17,584.49 262.36 8, 757.17 1,053.29 1,173.42 181.35 157.65 6,010.00 27,858.17 3,381.24 148.80 21,814.36 8,828.91 32,322.00 85,034.72 1,148.12 298.71 6,236.45 632.18 580.00 939.09 155.62 121.60 24,000.00 PAGE PAYROLL 600,292.18 24,412.46 48.81 1, 509. 62 532.43 4, 919.52 9,505.98 0.00 341.86 295.74 1,157.60 1,726.40 4, 712 .14 0.00 0.00 36, 670.42 44,861.73 17,764.17 17,244.75 73,072 .51 5,452 .03 4,049.14 111,774.94 1, 122 .83 39,546.96 0.00 0.00 8,736.95 2,076.00 0.00 2,176.18 0.00 0.00 14,892.65 0.00 0.00 0.00 0.00 0.00 0.00 1,523.20 3,447.39 3,009.49 0.00 5, 404 .72 2,163.26 6, 052 . 14 0.00 1 02/19/10 FZABWARR FUND TITLE 189102 189201 310001 316 401 418 451 458 461 471 478 479 491 505 505001 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #21- 13-FEB-2010 TO 19-FEB-2010 FUND SUMMARY Home Consortium 2009 FHFC Hurricane Housing Recovery Pla Impact Fees -Library County 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 Bank Fund GRAND TOTAL: EXPENSES 1,200.00 217.58 6, 425.17 794.90 24, 585.43 21,310.55 824.39 42.49 10,496.45 24,172.85 97.36 110.33 2, 808. 99 337,468.70 244.89 14,214.33 296.25 245,602.39 2, 939, 549. 63 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 56, 786.75 20,400.63 3, 449. 97 573.66 17,644.56 7,891.39 1, 316. 92 1, 481.05 32, 468 . 97 1, 186.40 3,288.44 2,001. 06 0.00 0.00 1, 198, 986. 00 ho AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-8-1 Date: February 23, 2010 Regular [ ] Public Hearing[ J Consent [X] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Aircraft Service Center, Inc. - Sublease Agreement with Blue Diamond Turbine Services, Inc. BACKGROUND: See C.A. No. 10-0136 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 Aircraft Service Center, Inc., and Blue Diamond Turbine Services, Inc. COMMISSION ACTION: (�C] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: Mgt. & Budget: Purchasing: 9 Daniel S. MC141tyre Originating Other : Other Diana Lewis Finance (Check for Copy only, if applicable): r INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-0136 DATE: February 1, 2010 SUBJECT: Aircraft Service Center, Inc. - Sublease Agreement with Blue Diamond Turbine Services, Inc. BACKGROUND: Attached to this memorandum is a copy of proposed sublease agreement between Aircraft Service Center, Inc., and Blue Diamond Turbine Services, Inc., for a portion of the hangar occupied by Aircraft Service Center pursuant to its sublease with Treasure Coast FBO, L.L.C. Blue Diamond Turbine Services is relocating its turbo prop engine repair business from the Vero Beach Airport where it has operated for a number of years. They currently have four employees on the payroll. The sublease provides for an initial five year term with an option for a five year extension. As indicated in the attached memorandum, Blue Diamond requested a waiver of the environmental pollution liability insurance requirement which has been granted by the Airport Director pursuant to Section 1-2.3-31, St. Lucie County Code of Ordinances and Compiled Laws, based upon the "dry" nature of the engines received for repair. Staff has reviewed the proposed sublease, and it appears acceptable as to legal form and correctness. RECOMMENDATION/CONCLUSION : Staff recommends the Board of County Commissioners consent to the sublease agreement between Aircraft Service Center, Inc., and Blue Diamond Turbine Services, Inc. Respectfully submitted, Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Airport Director Memorandum To: Note to File From: Diana Lewis, Airport Direc Date: December 18, 2009 Subject: Variance from Section 1-2.3-90 of Ordinance 07-051 for Blue Diamond Turbine Services at the St. Lucie County International Airport Blue Diamond Turbine Services has submitted the justification (attached) for a variance for the requirement for an $1,000,000 environmental pollution liability insurance as required under Ordinance 07-051. Due to Blue Diamond's operation is to repair TPE 331 Turbo Prop Engines, which are shipped in and out "dry" (no oils, no fluids, non -hazardous condition), the need for the pollution liability insurance was questioned. This issue was presented to the County's Risk Manager, Dan Lutzke, and his response is attached. He advised it pollution liability insurance should not be required for this type of use. Under Section 1-2.3-31 of Ordinance 07-051, the County can approve a variance when a specified clause, section or provision may not be justified in a particular case because of special conditions or unique circumstances. In this situation, Blue Diamond Turbine Services has a legitimate reason to ask for an exception to this insurance requirement. A variance is granted to allow an exemption from the environmental/pollution liability insurance as required under Section 1-2.3-85 of Ordinance 07-051. Cc: Eddie Cabrera, Key Air Edward Morales, Blue Diamond Turbine Services Lena & Hassan Ghaffari Heather Young, Asst. County Attorney BLUE DIAMOND TURBINE SERVICES, INC. CRS#5BDR260B 3780 St. Lucie Blvd. Ft. Pierce, FL 34946 Phone: (772) 468-9292 Fax: (772) 468-9297 E-mail: turbgr-p@aol.com VISIT OUR WEBSITE: WWW.BLUEDIAMONDTU RBINESERVICES.COM December 15, 2009 Ms. Diana D. Lewis, Airport Director St. Lucie County International Airport Ft. Pierce, FL 34648 Dear Ms. Lewis: RECEIVED DEC 15 : 7-., Blue Diamond Turbine Services, Inc. is requesting a Variance to the requirement for the Environmental/Pollution Liability Insurance in the amount of $1,000,000.00 We are a FAA Certified Repair Facility for Garrett Engines. The maintenance we perform is specific to one product, the TPE 331 Turbo Prop Engines and the FAA rating we possess is specifically for Garrett Engines. Most of the work we receive annually is shipped in "dry" (no oils, no fluids, non -hazardous condition) and shipped back in crates in the same "dry" condition. We do not perform maintenance or services on Aircrafts. In addition, Blue Diamond Turbine Services, Inc. generates less than 20 gallons of waste oil per year. We store waste oil in a 55 gallon drum with a spill proof liner underneath. We also have an on - demand disposal service for removal. As per described above, Blue Diamond Turbine Services, Inc. is requesting an exemption to the Environmental/Pollution Liability Insurance or to be considered for a reduction in coverage amount. If you have any questions, we invite you to take a tour of our facility to observe the daily operations and give this request for a Variance serious consideration. Sincerely, Edward Morales General Manager Diana Lewis From: Dan Lutzke Sent: Thursday, December 17, 2009 8:03 AM To: Diana Lewis Subject: RE: Subtenant at airport First from a legal aspect, neither the amount of Haz Mat storage or the size of the storage tank (Less than 550 Gal) requires registration or insurance by the State or County Health department. The description of their operation is such that Risk Management does not feel Pollution Liability Insurance need be required. Daniel J. Lutzhe, CSP, CDS, ARM, ARM-P Risk Manager St. Lucie County BOCC 2300 Virginia Avenue Fort Pierce, FL 34982 Ph. (772) 462-1783 Fax (772) 462-2361 From: Diana Lewis Sent: Wednesday, December 16, 2009 5:21 PM To: Dan Lutzke; Heather Young Subject: Subtenant at airport In our minimum standards, we require certain insurance requirements including a pollution insurance of $1,000,000 if they are a maintenance operation. The minimum standards also allow for exceptions through a variance process. A new subtenant, Blue Diamond Turbine Services, has requested a variance on this because they do not deal with hazardous materials. See the attached letter. I can waive the requirement or reduce the requirement or deny the variance. Dan I would like to get your recommendation on this. Thanks. Diana D. Lewis, A.A.E. Airport Director St. Lucie County International Airport 3000 Curtis King Boulevard Ft. Pierce, FL 34946 (772) 462-1732 rliease Noe Fimicla has very broad t unli . records tags Most written cornm.rnications to or frorn County officials regarding County business aie public records aW'-il�lbk- to the public and media upon reClUeSl, It is the ,policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying Your -mail cernmunic;aUens will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error. please notify the _;ender by reply e-mail and delete all materials from all compute.. ea e. Note' Florida t is ,eery broad public records laws Most written communications to or from County officials regarding County business are public records available to the pub-lic 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 -opving. Your e-mail cernmunicat!ons 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-rr: 11 and delete all rnatenals From all computers. Section 1-2.3-30. Amendments. (a) The Primary Guiding_ Documents maybe supplemented amended or modified by the BOCC from time to time and in such a manner and to such extent as is deemed o�propriate by the BOCC. b The BOCC may issuespecial rules regulations notices memoranda directives covenants restrictions or conditions from time to time as is deemed appropriate or necessary consistent with the provisions of County Code and the Primary Guiding Documents. (c) The County shall Rrovide for public notification of pending amendments to the Primary Guiding Documents in order to provide the opportunity for public comment and input by Operators. Lessees Sublessees consumers, users, and the community. Section 1-2 3-31 Variance or Exemption. (a) The County has the right but is not obligated to approve variances or exemptions to the Primate Guiding Documents when a specific clause. section. or provision of the Primary Guiding Documents may not be justified in a Rarticular case because of special conditions or unique circumstances_ (b) Prior to approving or denying variances or exemptions the Airport Director shall conduct a reasonable and not unjustly discriminatory review of all relevant information to include those items described in Section 1-2 3-31(h) of these General Provisions as well es any other information requested by the Airport Director. (c) Approval or denial of a variance or exemption shall be reasonable and consistent with prior decisions involving similar situations at the Airport (if any which are active on the date the County receives the request for the variance or exemption and shall be provided in writing within ninety (90) days from the receipt of the written request. (d) If approved the variance or exemption shall only apply to the special conditions or unique circumstances of the particular case for which the variance or exemption is granted. (e) An approval of a variance or exemption shall not serve to amend. modify, or alter the Primary Guiding Documents. (f) Requests for variance or exemption can also be denied in accordance with Section 1 2 3-33 of these General Provisions (g) When a specific product service or facility is not currently being provided at the Airport the County may enter into an Agreement with an FBO or SA5O with terms and conditions that may be less than those outlined in the Primary Guiding Documents (e g reduced rents lower minimum standards, etc.), only for Sfratk-++reagk passages are deleted. 24 Underlined passages are added. a limited period of time lie pioneering period) The duration of the pioneering period shall be specified in the Agreement (h) Requests for variance or exemption shall be submitted in writing to the Airport Director and must state definitively the Primary Guiding Document and the exact clause(s), section(s), or provision(s) for which the variance or exemption is being sought, describe the proposed variance or exemption state the reason or rationale for the proposed variance or exemption identify potential and/or anticipated impacts on the Airport other entities (including Operators and Lessees) at the Airport, and the community and identify the duration of the proposed variance or exemption. (i) Each variance or exemption shall be requested for and approved or denied separately. Section 1-2.3-33. Grounds for denial. The County may re ject any proposal (including requests for variances or exemptions) or any application for any one or more of the following reasons: 1. The Applicant.for any reason, does not fully meet the qualifications standards and requirements established by the County. The burden of proof shall be on the Applicant and the standard of proof shall be by clear and convincing evidence. 2. The Applicant's proposed Activities and/or Improvements will create a safety hazard at or on the Airport. 3. The County would be required to expend funds and/or supply labor and/or materials in connection with the proposed Activities and/or Improvements that the County is unwilling and/or unable to spend and/or will result in a financial loss or hardship to the County or the Airport. 4. No appropriate, adequate, or available land and/or Improvement exists at the Airport to accommodate the proposed Activity (at the time the proposal or application are submitted), nor is such availability contemplated within a reasonable time frame. 5. The proposed Activities and/or Improvements do not comply with the Master Plan of the Airport or the ALP then in effector anticipated to be in effect within the time frame proposed by the Applicant. 6. The development or use of the land requested by the Applicant will result in a congestion of Aircraft and/or the Improvements will in the sole discretion of the County, unduly interfere with Activities of any existing Operator on the Airport and/or prevent adequate access to the Leased Premises of any existing Operator. SYrncir+hrengFT passages are deleted. 25 Underlined passages are added. b These Minimum Standards shall apply to any new A reement O erator or Improvements relating to the occupancy or use of Airport land or Improvements for General Aviation Aeronautical Activities, (1) If an existing Operator (whether a Lessee or Sublessee) desires to substantially amend on existing Agreement (or sublease) to material) change its permitted Aeronautical Activities the County shall as a condition of its approval of such chancLe require the entity to comply with these Minimum Standards as they apply to the new Aeronautical Activity. (2) These Minimum Standards shall not affect any Agreement or amendment to such Agreement (or sublease) properly executed prior to the date o promulgation of these Minimum Standards except as provided for in such Agreement or sublease),in which case these Minimum Standards shall apply to the extent permitted by such Agreement (or Sublease). (3) Upon termination of an Agreement (or sublease) the Operator shall be required to comply with these Minimum Standards upon execution o a new A ree ent. However Sublessees that enter into a renewal sublease or the same facilities to en a e in the some Aeronautical Activities shall not be re igired to co iply with these Minimum Standards. (4) These Minimum Standards shall not be deemed to modify any existing Agreement (or sublease) under which an entity is_required to exceed these Minimum Standards nor shall they prohibit the County f roar entering into or enforcing an Agreement (or sublease) that requires an entity to exceed the Minimum Standards. 5 If these Minimum Standards are amended after Operator enters into an Agreement with the County the Operator shall not be required to increase Operator's Leased Premises or construct additional Improvements to be in compliance with the amended Minimum Standards for all existing facilities. Section 1 2 3-85 General requirements. (a) Introduction 1 Operators en n in in Aeronautical Activities at the Air art shall meet or exceed the re uirements of -this Section 1-2.3-85 as well as the minimum standards applicable to the Operator's Activities as set forth in subsequent sections. (b) Experience/Capability (1) Operator shall in the judgment of the County demonstrate before and during the term of the Agreement the following crovgk passages are deleted. 59 Underlined cassages are added. A, Aircraft. Eau ipment. and Vehicles can be temporarily unavailable due to routine or emergency maintenance so long as appropriate measures are taken to return the Aircraft. Equipment or Vehicle to service as soon as possible. B. Operator shall have at least one required Aircraft. Equipment and/or Vehicle in a fully operational/functional condition at all times. (m) Hours of Activity (1) Each Operator shall provide the minimum hours of activity required for its specific operation(s) in this ordinance. An Operator's hours of activity shall be clearly posted in public view using appropriate (and professional) signage, (2) If exterior signage is utilized, it must be approved in advance by the Airport Director. (n) Security (1) Operator shall designate a responsible person for the coordination of all security procedures and communications and provide point -of -contact information to the Airport Director including the name of the primary and secondary contacts and a 24-hour telephone number for both contacts. (2) Operator shall install fencing, doors, gates, lighting, access card reader, and locks in accordance with the Airport's security system program and maintain same in good condition at all times. (3) Operator shall not remove any Airport locks. (4) Operator must comply with all applicable reporting requirements (as established by the County, FAA, TSA, and law enforcement Agencies). {o) Insurance (1) Operator shall procure, maintain, and pay premiums during the term of an Agreement for insurance policies required by Regulatory Measures and the types and minimum limits set forth in Attachment A (Minimum Insurance Requirements) of these Minimum Standards for each Activity. The insurance company or companies underwriting the required policies shall be licensed (with a Best rating of A-7) or authorized to write such insurance in the State of Florida or be approved in writing by the St. Lucie County Board of County Commissioners (BOCC). A. When coverages or limits set forth herein are not commercially available, appropriate replacement coverages or limits must be approved, in advance, by the County. (2) When coverages or limits set forth herein are not economically viable for the proposed Activity. Operator may request a variance (as outlined in Section 1-2.3-31). 54rmck Iltrevgh passages are deleted. 63 Underlined passages are added. Heather Young From: Diana Lewis Sent: Thursday, December 17, 2009 8:04 AM To: Heather Young Subject: FW: Subtenant at airport FYI Diana D. Lewis, A.A.E. Airport Director St. Lucie County International Airport 3000 Curtis King Boulevard Ft. Pierce, FL 34946 (772) 462-1732 From: Dan Lutzke Sent: Thursday, December 17, 2009 8:03 AM To: Diana Lewis Subject: RE: Subtenant at airport First from a legal aspect, neither the amount of Haz Mat storage or the size of the storage tank (Less than 550 Gal) requires registration or insurance by the State or County Health department. The description of their operation is such that Risk Management does not feel Pollution Liability Insurance need be required. Daniel J. Lutzbe, CSP, CDS, ARM, ARM-P Risk Manager St. Lucie County SOCC 2300 Virginia Avenue Fort Pierce, FL 34982 Ph. (772) 462-1783 Fax (772) 462-2361 From: Diana Lewis Sent: Wednesday, December 16, 2009 5:21 PM To: Dan Lutzke; Heather Young Subject: Subtenant at airport In our minimum standards, we require certain insurance requirements including a pollution insurance of $1,000,000 if they are a maintenance operation. The minimum standards also allow for exceptions through a variance process. A new subtenant, Blue Diamond Turbine Services, has requested a variance on this because they do not deal with hazardous materials. See the attached letter. I can waive the requirement or reduce the requirement or deny the variance. Dan I would like to get your recommendation on this. Thanks. Diana D. Lewis, A.A.E. Airport Director St. Lucie County International Airport 3000 Curtis King Boulevard Ft. Pierce, FL 34946 1 COMMERCIAL SC i FLAB AGREEMF„I4'1, TMS INDENTURE, made and entered bft im hip6cate this _ l ST/��y of.�� 20.9 brand 'SCRV CECE R UjC, w mailing adareas t3 1 62Sv F. Mead Hill Dfive, � Florida 3347f1, hereinafla>�ted basLessor and BLUE DIAMONp TURBINE SERYiCES� iNC, whose mailing address is ©cam t�i�. idle j wrrNESSETH: Tlat Lessor for and in consideration of the rent herein coataiaed, other Rood end valuable Consideration and the mutual coves and 1remim CDN� hemk does herby dmm and lease rmto Lessee and Lessee does heathy km and uk from Lessor a Rd of tLe pemises located at 378b St Lucie lrort Pl M. Mrfda M94& "u�•er called the "Demised Premises". SECTION L DERCREFMN OF pMWj /ggS The wised Premises sre desorl3od as set fioeth in Exidibit `A" sad includes me hmWjoQftdajjhe address stated above; as won as sit tom veilh ail eq ipa and ivy► locreted therein, fwdw mad in ftbg t'B" Msched h.WL SECTION IL TBRM The term of this lease shall be for five (S) peace. Lessee shall finder the Dermsed Premises go Lessor mamed'ately Upon the *= osfion oftbe Lease term oreartiertembotion as Aovided hmVw Lessof speafically 8ants to Lessee ow (1) optR of an additional five (S) year paced, wrdw the temps and conditions as set fofth in this EANwAgreemouL Ins notdy in b!' cwh7red ma3f,,amn receipt, of the Lessees to exercise stick option within ISO daps of the eXl ation daft of this Lease or sub wqm" option term Fathue to prow de Lesaar xwh nobficefion shalt cause anY option renewals to he solely at at pteamm of Lessor 1 SECPION III. CCMd M ENCs'1VI M OF TERM The Lease terns abet! eORmbenoe at the first monddy kmft§meWGfrentWWl be coum due and payable on the i s� oflanuary- 2009. SECTION Iv. RENT AND OTMR CHARGW A. MMMMMMUM BASE AbWAL RB MAL. Lessee shall pay Lessor per month as the minirnvm base manual mud for the tam of this _Lease, plus all sales lax levied by any federal, dtaft� county, city or any samcy andm ined to levy and collect rent tax, payabLe in equal monthly natapanenls, due on the fast day of each month during the team of this Lease, a smn equal to: $6,390.00. (1) W000.00 nn*, with six (6.S%) percent sties tax ofS390 00 for alolal payment of (2) Lessee dmR pay, at the oommencernent of the Lease, fast month's ream and last nrontlt's rennt. , Rest dmN bwrome •s mm sauna! berets based wpm the M (3) The rental is prodic ded on the existing ground rent charged pursuant to the Nagler Lease bdweea St: Lucie County and Key Air. In th a eveartofanny btmease inn gmund mamO artbedato of execution heeeot; Lessee shall pay such increase. A photocopy office mdce of increase received by Lessor dual be conclusive as to any snob increase. w wnbw*,ft Laws don pay a. SIMS 9641 miss fail and/or peesond property taxes which may be levied or assessed by any hmfal authority against tine Demised Premise& bl the event of any increase in taxes after the daft of awcafm herd Lessee shall pry sash KA increase. A tau bill or photocopy thereof submitted by Lessor. to Lessee shall be suffickwt evidence of the amount of taxes assessed or levied aginst the Demised Premises. D. INSURANCE. Lessor shall Pay the con of kwmraum against casuft, wand stmM loss or damage to the Brildmg, to the extent of the full insaable voile thazo£ In the event of any increase in ftISUr mce Pnemiuma after the date of eaew ion haeog Lessee shall pry such kcrease. A pbok000py bf the insarance bill thereof submitted by Lessor to Lessee shall be smTwimt evidence of the amomct of, premiarn on the Demised Promise& Lessee shall pay for con I "Iatsiive 80WW lWWTry, pmducts BabiHty and hangar lrceper lillmlity Kama we on the Demised Remises. Lessor shall be a named co-hmmd on all such Policies and slap be the loss payee is &H cases. Each POUCY of insmaaca shall include an endorsement that such Policy may not be cancelled without first gib vYrittcn Aotice of h" mt to caned to Lessor at least 30 daysPi'iorto the Wcctrn dreeaifanysock cam. Tde policytshall beam such aosounlsasdw St. L''e County AaPort may, or hs suocesw, shaN de6anmine orOne Niillios Dollar, v&kbmw is greater; E EA"IIENTM=ffE The rattunderthmSecli0nIV, mcbxlrmgtbenkmmlum base rental of PWgpapb A above„ and the of all Expenses as Addkiooad Rent ofParagmpb B above, sbdl be paw by Lessee to Lessor without notice to demand and without abdemad� deduction or set-off m nwntbly insdthlments, in 8dvmm of the fiat day of each calonder month drains the team of this lease as provided herein. It is clearly amdastood, the W"b regwd to an sums in addition io 8me a WINIun base ret due frown Umm PMSMW to this Secdon IV, Lessor shall have all the r4bb and remedies provided by law. The Provisions for the payment of al l suns set forth in this Section in h01011111601 area privilege for the benefit of Lesseein the event of fagaae to mate such doWy pwmentsy Sedim X m shall oppll F. RENT NETTO LESSOR- Its the Purpose and intent of the Lessor and Lessee that the minimum base,coal Payment shall be absdtrtely naw %ssor so that" Lease shall yield net Io Lessor the miaimwn base anoaal read Specified is tha Seedoa IV, and dmt each yew doing the tam or" Lease all 3 Cmb, few, inte+est ChWMMWOUMS,reim and obligations Of every Icntd and nahne whatsoever relating to the Demised Premises which M&y arise or beoowe due dwing a out of the Imn of this Leese, as same may be adjusted wcondieg 10 the hums of tb" Lease, shall be padd or d' � �M No by the Lessee as Seas, in�torcdwrchargesnlatingtlthe gofd.O- Wheby14%aorshall be included is these addd=WLI,=ee hereby agrees b mdemaify and to ImM Lessor barmlem from andapAWany such cOBI,% fick itwak a .Mft and obligpdoms and any interest that play accm thereon_ SWnOW V. PENALTY AND IIYTnUMT ON If L,essoe shall fahl to pay the monthly Hof MmCr=wad&dorW Peas l gained heron do Lessor so drat Lessor Shan =Gem name within Bert (I S) days of the date wines The arnoarrt is doe and Payabk a late charge of Frye Peirwt (5%) of the total amoaat past due simn be pWd by the Lessee to the Lessor Per nhoath or portion of each month amb i=(S) b; lOK does In addition to the aftlate clerM the Lessee shall Pay ihhtOW at the medium rate P by law tzo®h die date when the amount pat clue ww payabk by Bee terms hereof until the date Lmaor rateivW payume of samTimm cbmW are for the PwPwe of coll=boo efforts and to d fi y o,," inClurod by Lemon in MRd to smch collection eRorts. NOMMS m this Section dwU be tanned a waiver by Lessor of any c°v=ant, tetra or condition oft ds Lease alP+eernentead, in Pwacubw, the Pmi*m of Section xxVI. SEMON VL AT!'ORMy% 1=4 Mr, AS ADDrrMNAL RENT - ifeg"rP"lYis lbiocwanyeVMM VvhBlhwsM be brought0jr utt, the Wevaiging PO shall be wtftW to recover aR such expenaes irrchatmg �b1e fhxs is "d 8 �► actiooa mg a p b7're+rsorh afaay detav� ar titiahor party hae�, the scam or smtts so Ind vrith aQ irrteriest, coats and shill be paid ty $e- Ply. In the event Leaser is the prevm'Itg party, the RMWdabk sM with all cods, interest and d ammam shall be demean additiorhat rem bmxmdw and shall be dw fiom Lesaeet.I,esaor on t6a Srstdayaft ohaath followingthe month in which themsPectm =POWS,ems-, were mpured and if kssee pis, lath S. may be deducted from the next rental payment(sk SECTION VEL HOLDING OyEL Should lessee continue in paw after the end of tare term herein with ponrission of Lessor, it is agreed that the tenancy thus cleated can be twnbmkd by either pwtygWing the other party vat less # Trihirty (30) clays WriMn notice to expire on the date of the month from which @re teaarrey Commenced to ran in so continuing Lessee qpm to pay the monthly mRW of double the gm existing Teat and b Pay its pmrgta share of other charges as set " herein and to hasp and fulfill all the odser wvm mts and conditions of this Agmanent SECTION V"L EF'Wrr OF DESTRUCTION OF D]KN3 Ip PRElYIl1 M ON RENTAL L]ADMUry. In the event the Demised Premises oftheBuildingis toWy destroyed bydL- $ an set of God Or any other cause not resulting from lessees neglect or Sant, so as to reader the premises untenantabk during the term of this Lease, then the rent shall be paid UP to dbe tune of such da&ucfim and the Lease shall dmeapon tamioa P- NeithapwW bmmoshall haveany fmtkarim orbe under8RY fiutheroblgm ms on account of the Lease, excq*that I.estor shall be GONed to neoeive all mt ax:wd io ere data ofdcwucdM and ifLemm is not then in defauk in the pwformaaee *fumy ofits cbliDdm under this Leases Lessor ahati refund to Lessee MY ummued i+euts or other sums paid in advance by Lessee. For these purposes, dWnW or injury to the extent of fifty pe:=W (SM) ar mom of the fair market value of the Demised Premises shag constitute a total dearmcdon thereof. In the evetrt the Demised P orthe Building is pardelb by the elcmerrtsy an act of God or any other cause not resting from Lessee's or Suit„ Lessor; with musonable PmMPMM and &Wikk shall repair and TONUM the same Wad can be mptinW and rebuilt under state and rmmiciPal laws and mcgubdims apP6cabletheaeto within one hundred eig*(, 80) vvodc dr For these pwposrm, danup or injury that mrwuld 10 taus than frfy perusal (SM) of the faurLmarltet valve of the Demised Promiscs shall be considered as paddal destruction. Ifouch &Mt raWon or&UaWsdwll not be ofsuch e dm as to muder *c Dammed Pnm sm k then Lest% 130biility to PAY seat bammsda shall not aerie or be to arry extent abated 4uring6crestaratm or r+epau ing oftbe Demised Premises by Lessor. If the dmftucbcw or dMw be of such an ext M that Ste Demised Premises are =I** URUMOW the few including all additional rent chwXc!j shaft ceme udfl the Budding ' us restored or nepaur+ed. SECTION IX. EMWENT DOMAER. IfttieDemisedjhWI sesorMYPUtOm crfdmMbepermwndy eondenmedortr.6f.edby agreaoent n iiieu ofcotn"UM =AhM ity, whcdw Ornot dw Lease shall be ftrmiwft4 the argue cornpennfM Malt Ow refOre, both leasehold aed sevamon, ftH be the property oflsasorwIInoutMy deduction thearfiom or any Pw3ent or future es;tste of Lessee, and Lessee 1=*Y assigps ID Lessor all its right, rifle and sioereat to anysueb award. L ftm "l cmccate al! doc omcds iapmod to e%idam siwh result. I.eseee shall, luowev�, be wdtled to chin', provide and moeivo is suchcondeew"ouproccedingssacbawwd asmaybealiowed for fne wu and other equiPment Wiled by it. bat Q* IfOr tD the C300 such award shall be in addition to the awwd for the lard and tie building and other WWrovemuft %P Demised Premises. If the entire Demised Premises should 6e tatett, oonden�d aged as �� ffiel�seshall terminate as of the time of pewits Vanofis raqwred fur public use. Ifa Pow of tiro Demised premises should be talta4, txadarmed ar traestetred as a6oresaid, �, ekd iotwmimsethelzmeoratiftown oo4wwc, to repair and restore 6e portion not atfecied by the gaid tan=& in wbich latter event the minimum feet aed pat nbW breach pone tdn8 be reduced in proPwdm to the great WOO, Cfiecd b at the time Pin is required for public use_ In the event any pottion of the common autfea should be Ukw to such an P, J I nt that the Iassar, in its sole dismmtiM should do* to discontinue opeamtjos of the bufldm& i,e may cancel the tease by ig wrimen notice to Lessee, the Lease shill um nim to and become null and void nindy (90) days atiersaid notice. SEMON X USE OF P7tF , "0 premises are leased to Lessee for use only as an aineraii hangar for storage and repaim of aircraft and related uses and Lessee ageees not % use the Demised Pranisea ortu pecmrlheir use orthe use ofany part ofthe Demme PMarises for any odwr Purpose wMod first obummg the written consent of Lessor prior to such time. During the cotrtmnanoe of this Leese, the Denri nd Premises shall not be used for any purpose in violation of any federal Swe or Municipal statute or ordinance or of any order, regulation or directive of a govemnMat agency as such statutes, ordroances, regalauoas, orders or d=dives pow exist or may hemafler Provided Conceroing the use and safety ofthe Demised PlexaseL On the breach of any such provision by lessee, Lessor may, at its option, consider, Iassee, in &hWt ptaWAW to Samson XXIX herein. SECTION XL L CSSSB'S F2GETg AND RESTRICrIOM AS Tp BUSDIM SIGNS, Lessee may, at its own CXPWW. erect O place, oft quality end in a ma nnerapproved by Lessw, a sign identifying ib it bearg aaaderz ood betaeeen the parties, P P!n thatthesia, dasiAr, worlosrg colorand location ofsaid sign shall be subject to the prior written approval ofL w= and tbatthe make ofmwh a AM shall be kept is a good starve of repair and the Lessee shalt rq)ak any da nup that may have been done to the Demised Premises by the erection, existence or removal of such a sign. At the end of the Lease UM or any renewal Lessee shalt remove the sign at'MWe's VqX=a Lessee SFAR i¢rre I P that any goer sign d" be in cmmpnmw wilt all appGcmbla )mw, tslm and regdaRions, SECTION XIL QilIlGt'r P063ggmm Upon P"ment b Lessee ofthe rents herein, and upon Ere Obaervapce ad perlbunancc, of all terms, Pmvisions, ooveaards and conditions an Lessees partas provided for im Lessee shall, subject m all such perms, provisions, covenants and oo"dition% Peawablyand quiedy hold ander joy*e, Demised Premises far the Lease tern. SECTION Xla L)IWM*S DUTY TO MAINTAIN PRE AND AGRE hUM TO SURRENIDER PREBEMg IN GOOD CONDITION. Lessee, by entU hmmuder, accepts the Demised P as bdvgin gDad and sanitary condition and in a good state of reps. I ie si, at its own Wanse, to maw the Demised Premiers, all improvements and aPPurimmoes thereto, including all air condibonmg ego;puezt, in good mpair and clear appearance and in at least as good condition as the existipg on the date of i gaoation, d cHvery drfaoeepq ,off ► wesraud tear and damage by the d mom, fne or other comity mmpM4 and on the lastdaoe ofthe ft m oftbis Lease, or at its earlier termination, fD reium the property to Lessor in the aforesaid condition. Lessee will not dis ipm or defice any pwt of&e Demised pc+arasw or suf rr the same to be done except so far as may be necesmy'n Box such Us& fuctmes as may be used to conduct lessees business. Upon lire removal ofsuch facto any such of dirt sIau be mpeied by lessee to lessors satNIB fion. Lesseewry!sotdoarrythingorsulkarmingIDhedoneupontheDemisedPremiseswhichwill inorease da cafe of liabilityinsx or fire k5manoe IIpon the Qomplpr, lice Damised Praaisea, or the Building or arty of its cmtotft or be liable to came grwbtral mjmy to said Bu&ling, 1%,Or will Levee permit ere accamulaaon of wade or ref6w matter oa go D=6wd Pmmises orao=M thereto or in the Butidipg or the Complex, SECT ON XIV. REPAM& Lessee shall tdW good care ofthe Demised premises and the facturesard Sppudgamcwthaeirr and at its note cost and expum melee ail rapairs.&m to ac and when needed to preserve good working order and coMMon. All danuge or injury to the Demised Prm*m and ID its glaW a PP+ and equipment or to to Bmilding shall be mpaaed, restored or replaced promptiy by lessee, at Lessee's sole coat and expoaae, tD ffie sasisfadioee OfAll such �, nr�focaRiaos and r shaU be in agnaiity and cuss agwl to the ore *W W(Rk or imWbfim mrd shall be done in a good and comma. If Lessee fans to m2be such r epaies, reaforafions or same nW be made by lesWattk expenn of Lessee and afi scares so spent and expenses incurred by L4=W shall be coIIectable 82 additional 4wBm and shall be paid by lessee as pact ofthe next due monthly tent iostatlraent Lessee shall be responsible for ail damage and repairs caused by bunghmy or vannim m. Lessee shall not permit any hens f+o be anwhed do the Demised Premises by reason orally labor or rnateri used in mpa" or altambook restioratioos or other work me uled within tie responsib y a , Lessee slhail pr+orcnptly replace all broken piste glass in the Demised Premises at Lessee's own oM and cxpease unless such WmdcRpwascoed bythe ne8lWoceaflressor, nthe bMees,Gem agents or cull oyM tf the Lessee fails to repair the darnfte ofany plate glass or window glass, on the Demised Peemises then the Lessor mar repair said damage or destrwdon and charge tare can ofsodh repairing W fire Lessee i the amount thereof which shall be deemed to be and be paid as additional ciaas on the next due montbly natal installment date. S1rX'I M XV- UCSM WSDBANCZ: ON DI MQSM PRB USK& Lessee small pW base MW mai - in in effect during Oe terra of this Lease and any eximsian or renewal thereof a POrwY ar policies of insurance written by a company or companies qualified to write insurance in the S"tats of FWW and possessing a raft of A-3A (or higher) by Beaft lrnnrana �rmB, PraVkW insuiame coverage against die to an k1 rior improveahphfa and Lessee's personal property, which policy or.poTicies shall be m an aamoaantexlual aadsmhfsciam� subjeatoappMW by Lessor, fa cmwthe value of sash impNovaneras and personal property Ifadditional are made during the term of #,is Lease ar any Odearsion ur reaewsl thereof addifiond MMMOcx covMge will be obhined, as aformnumtioaed, in an amount equal and saffeient to cover the value of s u& additional *movements. The cost of premiums ofall such policies of nnmanoe as beam requbvd"be paid by Lessee; such policy or Policies shall be in the joirtnamesefLaswr, Leaaeeand any Maatgwaee and dupbcde COPOS thereofshall be delivered to Lasser and due policy(s) shall nmcbmde a ani UMM eomprebensii-T gameral b6ility insannoe covaa{ge for both lessee and Lessor in the =wM tofnot less than SI Mi)lion (SI ,000,OOt) 00)dolh ns for each Pam. All precemb finmMich policies don be asedfnrthereparanndn6WftGfdWDWwdPftMsMCF W for Pit of liability costs, if app[ic able. SECTION XVL LESSEES HOLD HARMLF,SS AND MICATION OF LESSOR Lessee sha11 save 40d hold Lessor harmless from all km or dame oocwAmed by the we► misuse or abuse ofwataror the water PiPes ar $odum electric wires or fom rM gWwauls.*03s, Plumbing and ,,in tbedwpofimm orgwwMavmgLame%estnte inthaD=dsW by the bursdng aftfia i �� or pipes or by my �cx made or suffered an the Dwdsed Premises and shalt promptly caase smite to be repaired at 1m9ee's sole cost and expeme, Pont ided sucb loss urdanuV is not caused by fauhYrnatarialsOrwo�i pWhichwesethe o W*ofUmwarbyt wgross riagHgenceof Lessor fio its agams or other tenmts. L4mog that it will mdmnmfy and save Less" hmmk= from all liability, womm, ems, damages, agnses and judo sisin8 fra m hiary of BAY n0we 00CUTring or alleged to have cemn ed during the temp of this Lease Agreenu t to peeson or ply ou the Deatiaed pmmnm(kw ludiag that to Lewitt °uftnms. empbyees, agents or iavMM in the Pu1mg wCM m U&maU and badiag an= scy to tba Demised Premises Provided sit liability, loss ar Costs shad nat be due to the negligeave, wiltU act or omission of Lessor, its agents or emp by : c �� _•� 1 I: 4 311 Z Thm (&ib)IANse Agn=DCW is subject to approval by the Master Grmund Lessm(St Lucie Comaty Board of Commimioneta), the Mukr Gmmd I-"ae (KCyAu) and ()f the Demised Jean Ike van Qvost- ieseoee stall, at all times, oomPly with all r equiresuenb set forth in the Master Lease, Lessor's Subbase and Ods Sublease AVemmat h, addition, Lessee sw Cm* with all laws, nAw and m plations of the Mastw LeMor, St Lucie County, State of Florida, F.AA, and mry 0dter gtn, i or qUV5i-qDWmwanU1 entity bmrjngjjWon over the demised pmanims. SECTION XVUL LESSOR% COtMZPrT AND .S LWMdTY BUD FOR 20 ASSIGNMENT OR SUBLEASE, Lessee shall not assign thfs Lease or any IDtarest %we. or subtat the D nind Pmiaes or any part thereof ofor aay right or privilege saunmc or allow am person other rhea the Lessee and its agents and employees lb occupy or ase The Demised Pmnises or any pwt of dhem without iimOWnng Lessoes wMten t D` for OWMIY ooVnsuts dM such consent shad rd t be Unr emom bly or mbitrarily iefieed, oorhsemtbyomeass�prt,�y�aruses6dlsotbeooraa�t�a�,s�i�t or sublease, or occupancy or use by soodwr person. Any or sublease shall be void and shall Wmuu to this Lease at i.essar'S oPbom L.essee'sWartam tm Lease is Oct assignable by operation of Lw widxxi Lassoes written consent Any auiga mcm or =blame shall be made expressly subject to all of the terms, conditions and Iim"atiom coaftbmd'a this Lease betwmft Lessor and Lessee and Lessee shall condone to be Gable and Rsponsible for due performance of all the terms,ccrOcOmb and conditions of this Lease. If the ih>txrest of Lessor shall be tnmafmnea VOkwurRY. or by reSsaa of foreclosure or other Pn"aiinga for enfo"hemt of anymOFIOF an the Dendied Pffiwdws,LAMM " be bound tD such bmixteree for the balance of the term bernof mmkIp& ay exbmsions of renevMb Epp f JI ma be efi'ec ed in with lams and ioc>s of ffiis'mm with the seem form and effeat as if -the tra sf"m Imm the L=sar under this Lease. Lessee does hereby agree to attmn to .the ttaasfem including the mock a -der enYss,h ;f it be the tnansf'ehee, sa its Lessor. Said Ito be effective and self'pahat' wart the axeaudon of am furdner insu=mtth upon the transf wm aLmmadog tD dk urtMMI ofOhe Lessor Unde *='Aerie. Lmm agrees, however, thhrt if a vaitte a matt s w� this provision is rehLhhit,ed by a mohigage, the Lessee will execurG aCb"wledge ah�d deliver same widrin tea (I 0) days fo0awing a requw by Lessor to Lessee to deUversuch AgmeamaL In the avemt offai&M b do so Lessor may, in addition to other remedies Ibr breach of covamW hereunder, emmde. aelmowh;d®e and deliver the same as the agent or 11 - - ---- I.. anwney-n-faa of Lessee and Lessee hereby Mwoeably consawn Lemon as its m-fact for this Post- 1-be respeGive rights and obligadion of amee and the hanssaee apnm such anwnmeato the extort of the then ruaining balance of the team ofdds Lease and arty such extensions and wwwals sbati be in and we 'the same ass set fOrM herein. In the avow of such transfer of I.essort IAMW shalt be released and relieved firona all IWnMp and rewponWby ft eeiter ac casing to lessee under this lease c r odwwW and Leaver's suooesaor ar sw%n, by acoeptanoe of neat fiVm lessee hereunder, sal become liable and respoombte tD Lessee in r C$PM t'tD all obligations of I t"M under this Aw eemeat eaeept as nay be ply sty to the caotrocy in t1his Leasc. SECTION XEL L ASOQ-S MOAT TO ENT= PXWMM AM OTHM BIGHTS WrAMM. L shalt permit Losaor, its qMb and O&er employees, to }VIC to and io errter the Demised pram at all reasonable and secesway tWm to So Dammed harm m s for any pw xw reasonably connected Will, LessoA Interest in the Demised Premier and so Puftm =IY work or the act found necewary oa such inapectim upon reasonable aatM ID Lessee, Lessor reserves tine nghtlw rets'n Pass IMYS IO the D rnised Pmui sm =Qept as to areas desipsted by Lessee as aecm* areas, to robe m, and A measms imr� =eon to ceilings, repairs, abmdvms, additiOms and imptoveUMM to the Desnised Pfcmises or to the BaildiN9GM may be moccomy or desirable, is tiro operation of the Building or to show tiro Demised Premises to prospective prrmchss= at all reasonable times provided prior notice is given to kafte ID each cure and Lessee's we and occupancy of the Dmniaed Premises"not materiailyr be inconvenienced by say such action ofLessor: Wow ahalt be permitted to Store aCessa 182 in the hangar desiguateci as the Demised pmtnisea and Leworhas dberightto romk'@im said *Plum whip it is is the hammy atn000at%oI=W. LOIsordwU lmtlra be Pitted to rrdTma the Demised Praw ag for wod mg an any akpleme I.esaocdesires sad shall have no cost to Lessa. Le nor ag<e n Ia bave its equipment at tiro Demised PhsabM Said w Fred iuan 12 inventory list attached hereto, as Exhibit "S" as stated move. Lessee shall have Permission to use the MPipimt, but it wral be Lessee's rmVom-biikY to Main said equ t Ind Lwe shalt be liable and responsible for may treats dut are stolen or desk oys& SB+C nON Xu. TITLE. it is expreaaly mdommood between do Parties hmm the Lessor shall not be held or tag b ued to be a Parbrer or associate of Lessee in the conduct of its bashma aad that the temp of the respective parties shalf be and reatain only 6M of Leap. and Lessee ender fids kwtrumertt; and it is not and now almll 6e downed 4 paftmhip or job, venftm or other Mcopizedjoint ve>tlme or other recognized joint busirarss entity. SECTION MM RIGHT TO MORTGAGE AND RIGHT TO GRO M LLAML This lease and all dw rights afLessee hermaderare wed shaU be subject and subordinate to the lien of any ar placed on theDemised promos orMWPart ACreofand to any and all renewals, modifications, consolidations, rePlaclegneofts 40clallsions or st"'Stitutions or any UK* 1100ctMe or Mmqpgm p mvidak revert chwa 'each ar• all ofsucb mmtglgm shall eoatain a Pwwbion to the ef%ct that so lc* 8 as the Lessee is not in default tinder tl �. Or mY mxmW tl N.f no fotectosutt ofthe Gen of said nmor gage or may other P mmdmg m re9peCt dt xwf shelf divest;, impair', tnodiiy, abrog or Jwm advemely ar= any M%Tttstcr rights whaftoever afthe Lessee tmder tins Lem Agme r ent The snbordination PfDvmm shad also aWJy 10 MY groan lease 818mmum wbfcb L,Ossor may desire to eater into before or after the date of exeout'w Of &is I.efte as extended. Such subordination shall be autoas w� onttheerxention afaary farther � Lesser- Ifa emitter M*On wg. reWd dbya era part to a pwidORis Sra'nd lease, Lessee agrees to execute, wcimowledge and deliver ume ad in the event offailnm to do so Lessor me¢►, m addition b other remedies for breach °f °Oi'° nt -b—,bdg, and deliver the snow as the agent or a lmay-in--fact of Lessee and I, be"� * e0owdutes Lessor as its 13 8ttOn)9Y-in-fort for this purpose. N fg anything in the foregoing to the contrary, it is imdaimood ard agleadtlatirt the event that a mortgagee Or lessor to a ground tease of the Demised Premises acquked title thereto, either through fw wbwm or dmo s deed in lieu of fi redesure ar tinongh default under the grrouwd iemr such mwqpgm slmtl sat be required to prorate tea, arbe requitedb refund the advanceswu paid under Seca" VMof this Lease to the Lessee unites the moHpmgee or Leer receives such prepaid scans. Lease- Nnher agrees upon ten (10) days prior wriam tegra d by Lessor to deliver to Lessor a sk2mx nt in writing oertW*g dw the Lem is unnwdifad and m f M force and eff= or, in the ahm" rive, if there have been nw(Iffications that the Deese as awdi%d, is in full- face and d ea and sta ag the mks, the dat,s So which the rant and other charges have been Paid and that Lessor is not in default under any Proms of the Lease or. ff defauk the nature of such default in detail. SFCMONX K NO "J"SFWATiONS BitLESSM AND NDLLtMnXff FOBFAILUMTO DE>LNBRPOSMSIOlw Lessor, or Lessor's agent, have made no �s or Proawises with respect to the Building the land upon which it is erected or the Demised PrYasisea "009 as Wein =PFeWY set faro and no ruts, easemenb or licemes are ampired by Lessee by implication or othenrise extcept as pip cWy set forth in the L4= . The tatting PO"miar of the Demised Premises by L,e stroll be conclnsive evidence, w apmst Laasee, OMLAmmaccePts same on is" and drat said Demised Premises and the Bu&V g of V h tare same form a Part were m good and satisfactory aondkios at do thne.such Possession was Wm. SECTION X= Lags=% DEFAULT. This Lease is subject tO Lessed's Pft'mom of the payments, wveammb and moons set forth heron. If Less,- dataalts � p� of nay srmh paynreat of rest' �eP-�ymartarother sums due lOamder, at ffany waft be committed or uaneo� dmpp done upon or w the Demised Premises or iftttene telly defwolt or breach ofawy eve oowdi6ow arterm of-,-,mm lobe performed 14 by Lessee lrazwider, or any of the following occur (which shalt e a breach of this Lease by lessee): A • won of iuvol unary banimrptcy proceedings by Lessee; B. Lnstihrtion of voluntmy bankrupwy proceedings; C. Assignment far ber"' of creditors of L essee's interest under the Lease; D. AMointaustofa receiver for the paopeKy or adiairs ofLessee where such mccivershipis not vacated within sooty (GO) days after the appoibtmeat of such receiver, and the breach continued for more than ten (I O) days of er Lessee 16mved written notice thereof i "or may, at Lessor's option: I . Pursue any legal remedy to recover forthe breach and Continue Me Lease in fence' or 2 Notify Lessee d).- full amount of" unpaid balanceafthe iota! .0"ol under this Lease Agreennent shall be fmMwith due and parable as thongh ship d tied to be paid on the date of suer default; or 3. Declare the Lease fa*ilad and its term ended and enter WO passession of the d0t°wdPrcumm and remove a$ Persons rand pcupertY fi*m the Demised Premj=(aatd suer propgft. Ybe nnnoved and stoned in a public warehouse or elsewhere at the cost of, and for ere amount of Lessee, all without service of notice or resort to legal MOM and wWWW being deemed g„ ft Of trespass or becoming liable far a y toss or damage vbidr maybe occasioned Eby) and see to recover all rants ordamages accrued or 8cc uiug undee this Lease or arising out of a violation. 4. Exercise any and all remedies provided by law or in equity. Evcy demand for rent and other Cheraw due whereverand whenevw made sball have the semeeffect as if made at the time it f9b due and ata. pbCe 0401YORM of the Dernised Ptzmiseb, and siren the service of any notice or zotruneaceanenrt of any suit, or rural jr Lessor may teaive and collect arty neat due and such collection or receipt shall not opeate as a diver or not affect such notic*r, salt or jod- To seem the payrout ofall rznts and additional charges due hereunder Lessor shall have a fast and prior lien on an ofLessees essee's fimdume; fxturcs and Merchandise located in the Demised Premises. One canons waivers by 15 Lessor of any covenant, condition or dc&uk shall nut be congtrrred as waiver, eansenR or approval of a subsequent bract. It is rantr aRy understood and agreed by I.emorand I,emee tbatthe nsspedive Patties hereto shall waive trial by jury►in any arhor,praceesdiUgerrornrntemiaim brought by either aflhe parties apinst the other on arty madters arisurg art of or in any WAY associated with this Lea or the relationship Wvrftn Leaaor and lessee and L.esa s use of oroocuparxy ofth Demised p mnisc& Lessee fiord w 8VM that it shall not WWPose arty counm1d"im or cOURU=bwwin asummary preceedi°g or myscbrou based upon Qon-pr<ymart of teat or arty other payment r+egai ed of Lessee hereunder. SECTION JOUV. TRAM DISPOSAL. Lessee shall keep the Demised p� in a carzfid, safe and clean an mner, and shall not permit,,y rubbish or refuse of arty naturC to accumulate and shall, at La Oft 000n, be required to use a compactor saviae for rubbish disposition, SECTION XXV NUnCE, Every n°ace, approval, co"04 or other communiostion authorized or required by this ixase Agreement sbali eat be W%ctive rn im same shall be ie vvritigg and sent POMW Paid by Umaai States Ce'WW 144 RoWnROcciPt Kequesied, dRected to the other party at its KkIMss Provided for below or such addreas as either petty may designate by notice given from time to tmre in a000rdsnoe vtith ibis section. As to Lessor; As to I.eswc Aircraft Service Cente4 Inc. 16280 E. Mead Hill Drive Loxaastehee, r L 33470 Blue Diamond Turbine Smvic es, Inc SRCT'ON XXVL HE'S BIGHT OF FnW MM AI. Lessee vuderuands and scknorrledges t1W Lessor deli m m sell the Derttised Prnagisea. In A. event 16 .. _ __. ---- r.... Lessor obtains a bilateral contract, Lessee shall haw a right of first refusal which must be exercised within they (30) da)s fiom the debt of presentment of said bilateral contract by Lessee to die Lessor. In the event l=see does not tit cow ds right of fintrefunl, Lessor shall have the right o ftininWe this Lease A__earnerht with 180 days prior written notice, Lessee shall asercise its right of first refusal by delivering a written acceptance of the arms of said contract, by 5:00 pm. on the 3& day following the date of receipt of said convect. Such aoceptonce sMU be on the some turns and conditions of such contract and shall not inchhde any contw8ancies, delarys or financing cmaditions. Such 110=0011ce shall inchide a non-refundable deposit m an amount equal to, fiflieea (15%) paoent of the pnrchese price act forth in said eontrecL SECTION XXVEL Il10'ROVE1 UMM TO DEMISED PREhUM BY LESSEE. Lessee shag be permitted to melee improvements to the Demised Pranisea, subject to Lassoes prior written approval. Lessee shall comply with all applicable laws, roles, regnhninns, ordirmices, of any governmental entity, obtain all necesury permits, all work must be, done by licensed and hsinr d contractors, mast be in cOmplianee wilt all MAiciebie UMing codes and must be consistent with all zoning and land use requkements. All ioiprevenients shall be done at Lessee's sole cost and cgxu a and shall become the property of the Lessor upon tnmioation of the base. SECTION BXVRj LEASE NOT TO BK REQORDED. The parties herew further Understand and agm the neither this Tenant Lease Agreement nor any memorandum thereof stall be recorded, except at the option of the Lessor. Any such recording without the Lessor's coenserit shall constitute a mid breach of tins Agreement SECTION X.XnL. W05M OF GENDM Wherever herein the contest to requires, the use of the singular shall include the plural, the use of masculine shalt include The feminine at the nar0er and the use of nViesentittive, stall include Q, receiver, MOWN, etc. 17 SECTION XXX. pMGRATiON. TKIS embodies the whale agb+eaneot of the parties and there are not Mm"mr, terms. conditions or obligations other them these herein em%, nod, This Agreement shall supersede all previous cornmunic�tions,ammium moons, advartisenbes�, brodrmts, Proposals or agbdebb>abts, eider verbal or wr tt mn between Ise parties haeb and not herein c0WAbXM . - SECTION ]CM COUNTHMARTS. Tbis Agreement maybe executed s®uSlY in two (2) or more coontetparLs, each ofwhich shall be dmnedatn original but all ofwhich Wpdxw shall cowdlI ode one and ft same i>snbm�nt, SECTION X XX CAPTIONS. Cap WnS are included EW convabaenW oohy and shell be given no legal effsd whatsoever. SECTION XXXHL PARTEM ExMpt as In and othawm exPr=dyprovided, do cOverdmits, conditions and agreements GoRtWO d in Ibis Lie shall bind and more to the benefit of Lessor and Lessee and their respective heirs, personal mprmcuMivei; saccessm and asks. SECTION XXXIV. GOVERNING LAW. This Leese and the pertounanca. thereof shall be goveaued, intarpret4 cad and regulated by tibe laws of the State of Florida SECTION XXXi! PARTIAL INVAIdDrrY. If any tebnr, covenant, condition or provision ofthis Lease of Me application ffiereafto any person or circcnnabm=shall,atanytimeoriDanyexftt,beinvalidor wameabbftmMinderofthisLease,or8be application ofuwb term orp msion m Pmmardmwmtanm othorthan dkm as to which it a held invalid or unenfonoeabk, shall not be wed dunby mW each teen, covenant, condition and plavisim ofthe Lease shalt be valid and be arfmccd to Ire fnileat arc- I permitted by law. 18 iaatiaeaCaaissan=�oemtfiorae�aea�iaa�dd�rapaiffi�toa�it I,� ` ddeedaaafie S>,�ir�at d A --- —� � 20!EZ by ad belMM3RAFr SIRVJ s CXprrM n. aowlB.II�iC,a�I.agee.i6ir�aoaidao!%nebees�ateteai�pt,�r �iiaf�ie�eoe�pts�ds.g►aFbe�.�dd�►athr �ecva* rile �oie�oeti� w,dproaptpogarmsS.. dmlrsLle..ie,aidL�ars amaspt I&109W%eorpdaedaotIDON Agee.ee m&(b)d ma dd—mdype�far zadds gfa M==dQ *,bep@dbmv =d aiedtnedbydd3Lmoe/vomm*luddea5eea�+iid�seid�mer�i,,� d ��_ �Ytad�lpaed�ieLe4ordetiFadaitsi�eta■yt�ebeo�debr¢jtbep� so* P .�a�drsfdl 4waaerdd m- 5 li'sa�da tll seeG�i�am� � afdeidrmsarood�dlooeaonleiosdidi#he�eemeaewiid,BrsCi�e�t �� payaiEstdekaaa:oodda;sa�eadieIIpea%rmadi�a8 aisoc6lemsatdc� dsOaeaaedeidiate eameetamd.abd%clpg►bdets wo*dmmgu**maya ciaaoeee NIMGONWddAbythe I,�eeeeafdstaoeeds�eidLem A�ea�t�dnd;t oneg adfijaYallom�Ceesadd ��it�rsa aeoeeelion w+dd my eeeh &am taivw n� aadreafion wfe dde ad�oemeot afie t�osdadw;d Ledge l�gaa:oe� � vhOm taromm itb b , IWM x dtbelaioqNKA=qoaasfpdbmacdmmdpnxxwdbw&irmmVIL IMt3eeMMY:b ad &ftaod momediddad O=m qr ctpepmM addpaeN I I It absll be �10� ��� � saaaea�orssdd� wlddoafeadde�emi�r draeyaalrarp�oeeeds� ap�dslesad:aed'dBdortieweoaaitvaf�r■eeieda�..�e�: _._ -- -- - --- - d4�►waiwd�asd8rasde�eedepeee�*�eWtt��►af�acaeeg►audd8de �� - "inrwaybeubodKaffxfe4 edarkipd"6�n,edyaaafie. taeteMioo,adr�re ae�eetlry � aeaEay►afdde ' �ielmtorplraemtbpdd3pdv�o��p�rmei wed:adl'sgddo,eCeo�a{ioela.r;y�eoaie�ai�ddsl�eee"stibr�eyerya P��a!►aadoy.aldlWsar+eoudtdeamioe�.—ADZ=== . adi�iei�deraua woagrLe.�, by �' aeaa+dd, mo�5atia■e,tweviee6aoe araeleedao afdeQoemmeidl�aesa� tsaradiofadprado�Qcaionarwrrirrra€accLsopsmaeira�dateemsaraaaditioe:a['ie ad�eioaofeieae7edttapr6sgad�ledlsfid�I.asearbyY+eaeoaofa7dmii armadas t AgmcmWwbyaears l�steaasd%Be�ad; whe�araotaodoeLeteoisgirviode ®daes�ed; ��Oe� 11sa �eoeveetbidst eteorbaddeadaleriiiaAnCt mlMdal aa� aedieo tm 4Y1LeLaeor600a`tasgyadmarpmaeed�a4�-adrbs►ribeafdisCivar�,� - f4 fieesandaaatt 'aerialiaotbaud igomadbydoLeadmfu _eetiod�dwv d& bot sac mY �bdicGodt vrvv ibs aodddrhoebq,w;owidd byjay. add�dadc Floods. UP= if a.jadelom r�wAS?� rtCYiJ�\�S ror"41 b"' c W L O i O. M dAJ O T fi bj AJ 4L_ s�%ce tc. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B DATE: February 23, 2010 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Celebration Pointe Subdivision Improvement Bonds BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See attached memorandum RECOMMENDATION: The County Attorney recommends that the Board grant permission to sue Bond Safeguard Insurance Company to enforce the provisions of the bonds. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Al Review and Approvals County Attorney: Management & Budget Purchasing: _ Daniel S. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 i INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 10-0193 DATE: February 10, 2010 SUBJECT: Celebration Pointe Subdivision Improvement Bonds BACKGROUND: LoLand Asset, LLC owns certain property in the County which it planned to develop into the Celebration Pointe Subdivision. Mercedes Homes, Inc. was to be the Developer of this property. Mercedes signed a Subdivision Improvement Agreement to complete certain improvements to Celebration Pointe by June 11, 2009. To date, those improvements have not been completed and Mercedes has informed the County that LoLand will no longer allow them back onto the property to complete the improvements. LoLand signed three Road Improvement Agreements to complete improvements to Jenkins, Swain and Peterson Roads in connection with the Celebration Pointe development. Those improvements were to be completed by May 22, 2008. To date, those improvements have not been completed, as set forth in the December 4, 2007, November 6, 2007 and January 11, 2008 letters attached. Mercedes provided six bonds as security for its and LoLand's Agreements. The terms of these bonds state that the bonding company must receive "a resolution from the Obligee [St. Lucie County] that the improvements have not been installed or completed" before it will "complete the improvements or pay the Obligee such amount up to the Principal amount of the bond which will allow the Obligee to complete the improvements." On February 24, 2009, the Board adopted Resolution No. 09-054, a copy of which is attached, authorizing the County Attorney to file a claim with Bond Safeguard Insurance Company. Although the claim was filed, the bonding company has refused to complete all of the required improvements RECOMMENDATION/CONCLUSION : The County Attorney recommends that the Board grant permission to sue Bond Safeguard Insurance Company to enforce the provisions of the bonds. Daniel S. County A DSM/caf Attachments ully subm HOARD OF COUNTY PUBLIC WORKS COMMISSIONERS •° DEPARTMENT Mr. Steven M. Pawlyk, P.E. November 6, 2007 Bowyer -Singleton & Associates, Inc. 901 Northpoint Parkway, Suite 204 `hest Palm Beach, FL. 32407 Reference: Right -of -Way Permit No. 06-181 Swain Road Road -way Improvements Notice of Incomplete Work Dear Mr. Pawlyk: St. Lucie County has completed a review of the Certification Package for the above referenced project. I regret to inform you that we have found inconsistencies in the construction that require corrective actions prior to the recommendation of acceptance. Cracked sidewalk has been encountered. Sidewalk in some areas has not been completed. The right-of-way has not been sodded. The improvements to Swain Road are not protected from the surrounding construction. Some erosion control measures need to be removed while others, protecting the improvements from the adjacent construction, need to be established. Structures 121A, 170A, and 183A are shown incomplete. Structures 159 and 185 need to be completed. Pavement striping and signage has not been installed. The project is overgrown with weeds. Please review the work in its entirety. All improvements must be completed in accordance with FDOT and St. Lucie County Standards prior to the submittal of a Certification Package. Attached please find photographs depicting incomplete work as well as unacceptable work. Our findings are not to be considered all-inclusive. You need to make an independent review and advise us as to the corrective actions to be taken. As always, any work performed with the rights -of -way needs to be approved and requires 24-hour notification. If there are any questions, please feel free to contact me at (772) 462-1712. Sincerely, Craig A. Hauschild, F.E. Assistant County Engineer Anachment: Photographs cc: Don West, P.E. - Public Works Dirh:tor Donald Pauley- Road &: Bridge Manager vfichael PoNyley, P.E. - County Engineer Ann ,kmandro -Traffic Operations Supervisor Ron Harris. PLS -- County Surveyor Gerry Rogers - Traffic Operations Technician Natasha Taylor-Saenz - Civil Engineer File :USEPH E. SWTH, Jw4mp No. t - DOUG COWARD, D;smat No. 2 - PAULA A :Ewly D:ar:Io Nv, 8 • CHARLES GRAND£, Dishier No. 4 - CHR15 CRAFT. D,irf:cr tic County Admirnsrrac' DOUC:01 M Ande- n 2300 Virginia Avenue • Fr. Pierce. FL 34982 Public Woriss: (772) 462-1485 • FAX (772) 462-2362 Division of Engineering: (772) 462• ,707 FAX 462-2362 • Division of Read G (772) 462 2511 FAX 462.2363 WM V.00.$t-IUCle-fl.us Right -of -Way Permit No. 06-181 Roadway Improvements for Swain Road Sidewalk has not been completed. Inlet appears to be settling or incorrectly installed. Filter fabric has not been removed. Sidewalk nonexistent. Weeds covering cracked sidewalk. November 6, 2006 Celebration Point Subdivision N Inlet still under construction after receipt of Certification Package. Right-of-way has not been sodded. Weeds covering stretches of sidewalk. Additionally, improvements not protected from construction traffic or offsite erosion. i Right -of -Way Permit No. 06-181 Roadway Improvements for Swain Road November 6, 2006 Celebration Point Subdivision Signage and pavement markings have not Sidewalk terminates into a drainage ditch been established. Stop Signs, Speed Limit without warning. Discharge from Structure Signs, Stop Bars, etc. need to be installed. 183A not shown on Record Drawings. Existing drainage does not appear to be Improvements need to be protected from maintained. Header curbs to protect the construction traffic and the tracking of soil. edges of pavement have not been installed. Construction debris left on -site. Rusty nails shown in bottom right on sidewalk. Damaged pavement. PUBLIC WORKS DEPARTMENT wlr. Steven M. Pawlyk. P.E. Bowyer-Sinsticton &, Associates. Inc. 90' Northpoint Parkway, Suite 20 li%tst Palm mach. FL. 32407 Reference.: Right -of -Way Permit No, 06-14 6 Jenkins Road Roadway 1111provemcnis - Culebration Point Notice of dejected Work Dear Mr. Pawlyk: St, Lucie County has completed a review• of the Certification Package for the abo,,e rezerenced prgject, 1 regret to inforni you that we have found inconsistencies in the construction that require corrective actions prior to the recommendation of acceptance. Pipe laid is not true to alignment and / or shows signs of settlement. Pipe lengths and elevations deviate from plans. i`he fascc of the headwall contains foreign material, Frosion around headwalls has been observed. Unimproved Driveways within the limits of construction have not been improved. Proper signing. and striping has not been installed or has been installed incorrectly, Required striping.; for crosswalks and islands has not been installed. The Keep Right signs require object marker signs below them and the Stop signs need to be meet County requirements and be instaalled correctly. As -built information for the structures and pipes discharging into retention ponds has not been provided. All disturbed areas within the: rights -of -way need to be sodded. Please review the work in its entirety. All improvements must be completed in accordance with FD(YF and St. Lucie County Standards prior to the submittal of a Certification Package. Attached please find photographs depicting incomplete wore: as well as unacceptable work. Our findings are not to be considered all-inclusive. You need to snake an independent review and advise us as to the corrective actions; to be taken. As always. an)work performed with the rip ftts-cif-way needs to be approved and requires 24-hour notifaration. If there are any questions. piejsc reel free to contact me at (772) 462.1712. Sincerely, C r3ig A. Hauschild. P.E. Assistant County Enginaer Attachment: Phonon aph", 4C: !)an 14cct F',E. Ptibiii '4vrk� D.,rrelor i`tic}mel ioNvlet, P.E. • County Est; inevr Ron HmTis. PCs - count, 5e: vcyar iV"nasita 7`a�lor•Lacaz -Cis;] G.m�;t,� r D nutd Puutat - KouLt 8: Eind.e ;Mjn:a_l?tr Am Aaratrs to- T;aatic Operations our rvic r Gerry ; Racers Trnffc Opers0i07 Techtucixn file >ti:P E. Y ;tH 0:9+,I tiu 1 �G 6 :C=' r a. plye.q! :vv. e • PAl,`:h : •�_ .HA^! ES iaRA:SCZ vot, r:o. rf r 5 �r..f C o-,j, (V A0'T .1tNrG o, - 00,A,).C1 *A. ; 30C Virginia Avenue o Fr. Pierce. FL 3.1982 Publir Wok: (772) 462-1485 • FAX i772; 462-2362 i'ai94f1 of 72; 402-' 707 fAX 462.73,62 • L)NIs4c^ of ,xd G lid ::' (772; 462•)61 -1 FAA 442.230j, Right -of -Way Permit No. 06-141 Roadway Improvements for Jenkins Road December 4, 2007 Celebration Point Subdivision Pipe damaged and shows signs of Pipe laid is not true to alignment and / or shows settlement. signs of settlement. Exposed steel / ties observed. mg y� i v Side drains were to extend 12 inches beyond Face of wall contain foreign material. face of wall. Mitered end section almost perpendicular to Erosion around the headwall has been roadway. Structure needed to redirect pipe. observed. Invert set higher than Swale bottom. Page 2 of 3 r Right -of -Way Permit No. 06-141 Roadway Improvements for Jenkins Road !r { a Face of headwall has been damaged. December 4, 2007 Celebration Point Subdivision All exposed edges and corners are to be chamfered 3/4 inches. �4L Gore striping extends into intersection. Unimproved driveways within the limits of Crosswalk and islands have not been striped. construction need to be improved. Remove filter fabric and debris from inlets / Utility poles and lines need to be relocated to structures. Provide as -built information for back of right-of-way. Fire hydrant location structures and pipes. questionable. Provide acceptance SLCFD letter. Page 3 of 3 BOARD OF COUNTY COMMISSIONERS January 11, 2008 Mr. Steven Pawlyk, P.E. Botivryer-Singleton & Associates, Incorporated 901 North point Parkway, suite 204 West Palm Beach, FL 33407 PUBLIC WORKS DEPARTMENT Retbrence: Right -of -Way Permit No. 07-027 Road and Drainage Improvement on Peterson Road at Celebration Pointe Notice of Deficiencies Dear Mr. Pawlyk: St. Lucie County has reviewed the Certification Package for the above referenced project, Regrettably, we have . found inconsistencies in the Certification Letter and in the construction similar to those encountered in the Jenkins Road and Swain Road certification packages you submitted. These deficiencies need to be corrected prior to the recommendation. of acceptance. All inconsistencies with FDOT and St. Lucie County Standards need to be corrected prior to acceptance of the project by St. Lucie County. Please review the wort: and advise us as to the corrective actions to be taken. As always, any work performed with the rights -of - way needs to be approved and requires 24-hour notification. If there are any questions, please feel free to contact me at (772) 462-2098. cc: Don West, P.E. - Public Works Director Donald Pauley — Road cC Bridge Manager Alichae! PoNvlcy, P.E. -County Engineer Ann Amandro— Traffic Operations Supervisor Ron Harris. PLS— County surveyor Gerry Rogers — Traffic Operations Technician Craig Hauschild, P.E. — Assistant County Engineer File JOSEPH E. SMITH, District No. i • DOUG COWARD. Distrcr No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. d - CHRIS CRAFT, District No. 5 Counry Administrator - Douglas M. Anderson 2300 Virginio Avenue • Fr. Pierce, FL 34982 Public Works: (772) 462-1485 • FAX (772) 462-2362 Division of Engineering: (772) 462-1707 FAX 462-2362 • Division of Rood G Bridge: (772) 462-2511 FAX 462-2363 www.co,5t-1uc1e.f1.us Heather Lueke From: Craig Hauschild Sent: Thursday, February 12, 2009 1:25 PM To: Heather Lueke Subject: FW: Celebration Pointe - Improvements to Jenkins Road at NSLRWCD Canal 36 Attachments: 2008-12-16 Jenkins Road - Celebration Point - Cracked Wall .... pdf Do you have this information regarding the culvert crossing of Jenkins Road for the Celebration Pointe Subdivision? From: Craig Hauschild Sent: Tuesday, December 16, 2008 10:38 AM To: 'Dan Roberts' Subject: Celebration Pointe - Improvements to Jenkins Road at NSLRWCD Canal 36 Mr. Roberts: The Contractor may have adversely affected the improvements within the Jenkins Road rights -of -way for the Celebration Point development while addressing previously noted deficiencies. The following photographs shown new and ongoing problems with the construction that need to be addressed prior to acceptance. Photo No. IA — Looking at the southeast wing wall. A crack has formed along the entire vertical face of the wall bisecting the side drain. Photo No. 2 — Looking north at uie 5UULIMcwt mitered end section, where erosion is still occurring. Photo No. 113 — Looking at the sourneOw+ wL1% wall crack shown here bottom right. Water appears to be seeping out of the crack at this Photo No. 3 — Looking north at eruz5mu „u,,i occurring adjacent to the southwest wing wall. Erosion needs to be corrected and area needs to be graded to drain to the ditch bottom inlet. 1 if Photo No. 4 — Looking south at the 24" RCP side drain, which protrudes through the southwest wing wall. Seepage appears to be occurring under the protruding pipe. Photo No. 5 — Looking into the 24" RCP side drain within the northwest wing wall. The pipe appears to have been damaged during construction / replacement activities. Please Note: Florida has very bread public records laws. Most written communications to or from County officials regarding County business are public records u 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, piease notify the sender by reply e-mail and delete all materials from all computers. 2 Heather Lueke From: Craig Hauschild Sent: Thursday, February 12, 2009 2:32 PM To: Heather Lueke Cc: Ron Harris; Michael Powley Subject: RE: Celebration Pointe Heather, No, we have not received any documentation from the Developer and / owner regarding the internal improvements at Celebration Pointe. Craig Ext. 1712 From: Heather Lueke Sent: Thursday, February 12, 2009 1:25 PM To: Craig Hauschild Subject: Celebration Pointe Craig, Have we received anything from the developer and/or owner regarding the internal improvements at Celebration Pointe (those required by the Subdivision Improvement Agreement)? Thanks, Heather (�MeatAet epettaua fueke, -6q. Oq:,.i6taat >PouMjf dttt 2300 Wit$inia 0¢vencr e OFt. GPietae, aFof 34982 (772) 462-7447 Pease Note. Florida gas 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 I 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, r,eaze notify the sender by reply e-mail and delete all materials from all computers. ase Note. Florida hay eery broad public records laws. Most written communications to or from County officials regarding County business a a public records w,aiiar.Ir) to the, pub!ic and media. upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection. examination and I or copying. Your r mm ail con will be subject to public disclosure unless an exemption applies to the communication. if you received this email in a roc, pi?asr3 noiify the sender by reply a -mall and delete all materials from all computers. RESOLUTION NO. 09-054 A RESOLUTION FINDING THAT THE REQUIRED IMPROVEMENTS TO CELEBRATION POINTE HAVE NOT BEEN INSTALLED OR COMPLETED AND AUTHORIZING THE COUNTY (ATTORNEY TO FILE A CLAIM WITH THE BONDING COMPANY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. LoLand Asset, LLC (LoLand) owns certain property in the County which it planned to develop into the Celebration Pointe Subdivision. Mercedes Homes, Inc. (Mercedes) was to be the Developer of this property. 2. On November 14, 2006, Mercedes signed a Subdivision Improvement Agreement with the County to complete certain required improvements to the Celebration Pointe Subdivision (C06-11-671). The improvements were to be completed by June 11, 2009, 24 months from the date the plat was recorded. 3. Mercedes provided security for this Agreement in the form of three bonds with Bond Safeguard Insurance Company: Bond Number 5024027, in the amount of Four million eight hundred and thirty-seven thousand one hundred and nineteen dollars and six cents ($4,837,119.06) for Utility Construction; Bond Number 5024026, in the amount of Three million three hundred and sixty-six thousand one hundred and eighty-seven dollars and fifty cents ($3,366,187.50) for Street/Underground Construction; and Bond Number 5024028, intheamount of Four million two hundred and fifty-six thousand eight hundred and twenty-nine dollars and fifty cents ($4,256,829150) for Miscellaneous. 4. To date the required improvements have not been completed, as stated in the email from Craig Hauschild Baited February 12, 2009, attached, and the County has been notified by Mercedes that the owneir of the property will no longer allow Mercedes access to the property to complete the improvements by June 11, 2009. 5. On May 22, 2007, LoLand, signed a Road Improvement Agreement with the County to complete certain road !improvements to Jenkins Road in connection with the Celebration Pointe Subdivision (C07-05-247). The improvements were to be completed by May 22, 2008. 6. Mercedes provided security for this Agreement in the form of Bond Number 5026726 with Bond Safeguard Insurance Company in the amount of seven hundred and thirty five thousand thirty dollars and forty-two cents ($735,030.42). 7. To date, these improvements have not been completed. As set forth in the December 4, 2007, letter from Craig Hauschild, Assistant County Engineer, attached, the pipe JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 0 3318673 03/06/2009 at 03:38 PM OR BOOK 3056 PAGE 2139 - 2141 Doc Type: RESO RECORDING: $27.00 that was laid is not true to alignment and shows signs of settlement, the pipe's lengths and elevations deviate from the plans, there is erosion around the headwalls, unimproved driveways, the signs and striping was not installed or was not installed correctly, the rights -of -way were not properly sodded, and theias-builts were not furnished. Additionally, as set forth in the December 16, 2008, email from Craig Hauschild, attached, a crack has formed along the entire vertical face of the wall bisecting the!side drain, water is seeping out of a wall crack at the southeast wing of the culvert, erosion is still occuring at the southeast mitered end section and the southwest wing wall, seepage appears to be occurring under a protruding pipe at the southwest wing wall, and the pipe at the northwest wing wall appears to have been damaged during construction/replacement activities. 8. On May 22, 2007, LoLand signed a Road Improvement Agreement with the County to complete certain improvements to Swain Road in connection with the Celebration Pointe Subdivision (C07-05-240). The improvements were to be completed by May 22, 2008. 9. Mercedes; provided security for this Agreement in the form of Bond Number 5026728 with Bond Safeguard Insurance Company in the amount of four hundred and sixty-five thousand two hundred and seventy-seven dollars and seventy-one cents ($465,277.71). 10. To date, these improvements have not been completed. As set forth in the November 6, 2007, letter from Craig Hauschild, Assistant County Engineer, attached, there are inconsistencies in the construction that require corrective work to be performed on the Project including cracked sidewalks, rights -of -way that have not been sodded, the improvements to Swain Road are not protected from the surrounding construction, erosion control measures need to be removed and others need to be established, structures are incomplete, pavement striping and signage is not installed and the Project is overgrown with weeds due to a lack of maintenance. 11. On May 22, 2007, LoLand signed a Road Improvement Agreement with the County to complete certain road improvements to Peterson Road in connection with the Celebration Pointe Subdivision (C07-05-248). The improvements were to be completed by May 22, 2008, 12. Mercedes; provided security for this Agreement in the form of Bond Number 5026727 with Bond Safeguard Insurance Company in the amount of five hundred and twenty-one thousand three -hundred and seven dollars and eighty-three cents ($521,307.83). 13. To date, these improvements have not been completed, as set forth in the January 11, 2008, letter, from Natasha Taylor Saenz, Civil Engineer, attached, there are inconsistencies in the Certification Letter and in the construction similar to that encountered with Jenkins Road and Swain Road. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby find that the improvements to the Celebration Pointe Subdivision, Jenkins Road, Peterson Road and Swain Road, as required by Subdivision Improvement Agreement C06-11-671 and Road Improvement Agreements C07-05-247, C07- 05-248 and C07-05-246, have not been installed or completed. 2. This Board authorizes the County Attorney to file a claim with Bond Safeguard Insurance Company against Bond Numbers 5024027, 5024026, 5024028, 5026726, 5026727, and 5026728. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis Aye Vice Chairman Charles Grande Aye Commissioner Doug Coward Aye Commissioner Chris Craft Aye Commissioner Chris Dzadovsky Aye PASSED AND DULY ADOPTED this 24' day of February, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY:vel EPUTY C l—C` ?.': �ezv.4 CH , P� h c APPROVED AS TO LEGAL FORM AND y AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-3 Date: February 23, 2010 Regular [ ] Public Hearing[ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Florida East Coast Railway Blanket Crossings License Agreement - Acknowledgment and Agreement for Assignment of Rents and Fees to Bank of America, N.A. BACKGROUND: See C.A. No. 10-0142 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the attached Acknowledgment and Agreement for the Florida East Coast Railway Blanket Crossings License Agreement, and authorize the Chairman to sign the Agreement. COMMISSION ACTION: [fit] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Y Attorne ��K Daniel 5. McIntyre Originating Dept.: lta• "Donall West CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Purchasing: Other; Other: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-0142 DATE: February 1, 2010 SUBJECT: Florida East Coast Railway Blanket Crossings License Agreement - Acknowledgment and Agreement for Assignment of Rents and Fees to Bank of America, N.A. BACKGROUND: On October 7, 1999, the County entered into a Blanket License Agreement with Florida East Coast Railway Company ("FEC") for installation and maintenance of railway crossings and related equipment at various locations throughout the County. FEC subsequently assigned the rents and fees under the Blanket License Agreement to FDG ROW Holdings LLC, an affiliate of Flagler Development Group. Flagler has notified the County that the License has been further assigned to FDG Flagler Station II LLC, another one of its affiliates. In conjunction with that assignment, the rents and fees have been assigned to Bank of America, N.A. Attached to this memorandum is a copy of a letter from FDG Flagler Station II LLC regarding further payment of those rents and fees and requesting the County execute the attached Acknowledgment and Agreement recognizing the assignment and the new payment instructions. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the attached Acknowledgment and Agreement for the rents and fees under the Florida East Coast railway crossings, and authorize the Chairman to sign the Agreement. Respectfully submitted, Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Finance Director Public Works Director PPP- FLAGLER 10151 Deerwood Park Boulevard I Building 100, Suite 330 Jacksonville, FL 32256 December 16, 2009 ST LUCIE COUNTY ATTN SUE DURDEN 2300 VIRGINIA AVENUE FT PIERCE, FL 34982 YA�ft aQ.tr,%.y CC, : P P XV'ED Re: Blanket License Agreement Tenant ID # 30005122 (the "License") between Florida East Coast Railway, L.L.C., as Licensor, and ST LUCIE COUNTY, as Licensee, concerning premises at various locations along the right-of-way of the Florida East Coast Railway Dear Ms. Durden, You are a party to the referenced License granting you rights to use or occupy certain referenced properties of Florida East Coast Railway, L.L.C. ("FECR"). In 2007, FECR assigned all rents and fees payable under the License to FDG ROW Holdings LLC, an affiliate of Flagler Development Group, and the Licensee has been administered by Flagler since then. This is to notify you that, as a result of a recently completed financing transaction, effective December 11, 2009, all rights, title and interest in the License have now been assigned to FDG Flagler Station II LLC ("FDG"), another affiliate of Flagler Development Group. This latest assignment will change the location for delivery of your payments of rent, but otherwise no other aspects or administration of the Lease will change. I will remain your primary person administering the License and your contact person for any questions that may arise. As always, I can be reached at (904) 565-4128. In connection with the change in payment delivery direction, attached you will find a notice from FDG containing the revised lockbox address information. Following your review of the attached notice, please sign the Acknowledgment and Agreement attached as page 2 thereto and return that page to me at your earliest convenience. Thank you for your assistance. Sincerely, %�, z 7�-;,� Bruce L. Baker Assistant Director — Lease Management FDG Flagler Station II LLC c/o Florida East Coast Industries, Inc. 2855 LeJeune Road, 4th Floor Coral Gables, FL 33134 ST LUCIE COUNTY ATTN SUE DURDEN 2300 VIRGINIA AVENUE FT PIERCE, FL 34982 December 11, 2009 RE: Blanket License Agreement Tenant ID # 30005122 between Florida East Coast Railway, L.L.C., as Licensor, and ST LUCIE COUNTY, as Licensee, concerning premises at various location along the right-of-way of the Florida East Coast Railway Gentlemen: This letter shall constitute notice to you that the undersigned has granted a lien and security interest in the captioned license and all rents, additional rent and all other monetary obligations to licensor thereunder (collectively, "Rent") in favor of Bank of America, N.A., as lender ("Lender"), to secure certain of the undersigned's obligations to Lender. The undersigned hereby irrevocably instructs and authorizes you to disregard any and all previous notices sent to you in connection with Rent and hereafter to deliver all Rent to the following address: Wachovia Bank, National Association PO Box 864638 Orlando, FL 32886-4638 Account Name: FDG Flagler Station II LLC as Borrower, and Bank of America, N.A., as Lender, pursuant to Loan Agreement dated as of December 11, 2009 - Lockbox Account Account No.: 2000050317466 ABA#: 063107513 The instructions set forth herein are irrevocable and are not subject to modification in any manner, except that Lender, or any successor lender so identified by Lender, may by written notice to you rescind the instructions contained herein. Sincerely, FDG Flagler Station II LLC By: _ Name Title: Kolleen Cobb Vice President 15425977.2.BUSINESS ACKNOWLEDGMENT AND AGREEMENT The undersigned acknowledges notice of the lien and security interest of Lender and hereby confirms that the undersigned has received no notice of any other pledge or assignment of the Rent and will honor the above instructions. ST LUCIE COUNTY By: Name: Title: Dated as of: 200_ 15425977.2.BUSINESS I AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-4 Date: February 23, 2010 Regular [ ] Public Hearing[ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Treasure Coast Research Park - Conceptual Approval of Conveyance of Sixty (60) Acres to St. Lucie County School Board BACKGROUND: See C.A. No. 10-0185 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners grant conceptual approval for the conveyance of sixty (60) acres to the School Board of St. Lucie County as provided in the June 17, 2009 Sublease Agreement between the School Board and the University of Florida Board of Trustees. COMMISSION ACTION: [�] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: E CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Purchasing: Daniel Intyre Originating Dept.: Other: Other Ben DeVries Ron Harris Finance (Check for Copy only, if applicable): INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-185 DATE: February 9, 2010 SUBJECT: Treasure Coast Research Park - Conceptual Approval of Conveyance of Sixty (60) Acres to St. Lucie County School Board BACKGROUND: On June 17, 2009, the School Board of St. Lucie County entered into a Sublease Agreement with the University of Florida Board of Trustees for property located north of Picos Road adjacent to the Treasure Coast Research Park. The Sublease is contingent upon the conveyance of fee simple title of approximately sixty (60) acres from the County to the School Board for the development of a K-20 school campus. Upon conveyance of the sixty (60) acres to the School Board, it will then assign its interest under the Sublease to the County. The County will then in turn further sublease that property to the Treasure Coast Education, Research and Development Authority for the Treasure Coast Research Park. A copy of the survey indicating the location of the sixty (60) acres west of Kings Highway and north of Picos Road is attached. In order for the School Board to expend funds to conduct its due diligence on the site, staff recommends the Board conceptually approve the conveyance of the identified sixty (60) acres to the School Board. Assuming a successful conclusion to the due diligence process, staff will agenda the item for final approval within ninety (90) days. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners grant conceptual approval for the conveyance of sixty (60) acres to the School Board of St. Lucie County as provided in the June 17, 2009 Sublease Agreement between the School Board and the University of Florida Board of Trustees. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator TCERDA Executive Director Property Acquisitions Manager County Surveyor 53' NORTH LINE OF THE NE 1/4 SEC. 14. TWP 35S., RNG 39E. (BASIS OF BEARINGS) — — — N.S.L.R.1f.C.D. CANAL No. 46 T L1 — — — — (VARIABLE WIDTH R/W) — — — — — 2 1 NE9 33 54 12E5.01 P O. B NORTH 1/4 CORNER 53' S1' I OF SECTION 14 IIII I III I � IIII I 1 I I N W- E S 0 300 SCALE LINE TABLE LINE BEARING LENGTH L1 S89'33'54'W 108.00 L2 SDO'12'42'E 51.00 L3 N89'3TO3'E 4.00 L4 NOO'34'58'W 24.64 LS N44'35'34'E 43.75 L6 N00'32'SM 110.43 1-7 N45-24-26-W 50.22 NE 1/4 OF THE NE 1/4 SECTION 14, TOWNSHIP 35 SOUTH, RANGE 39 EAST. OVERALL AREA 2,613.600 SQ. FT. 60.00 ±ACRES — — — — — — — — — — — — — — 52'-- u of �I NW 1/4. SE 1/4, NE 1/4 I r' SECTION 14, NE 1/SECTIOSE N 14,E 1/414, TWP 355., RNG 39E. I T-WP 35S., RNG 39E. III 1155. I S89'38 W III II I I 1 IIII I I IIII I IIII EAST 1/4 CORN)141OF SECTIONPICOS ROADL R.W.C.D CANALNo. 47 SOUTH LINE OF THE NE 1/4 SEC. 14, TWP 35S., RNG�J TABLE NOTES. 1. SEE SHEET 2 OF 2 FOR ADDITIONAL SURVEY T CHORD BEARING DELTA NOTES. CURVE URVE LENGTH RADIUS TANGEN Cl 404.00 1350.D0 203.52 402.49 N09'09'21W 17'08'46' C2 296.21 1350.00 148.70 295.61 N11-26-36-W 12'34'17" LEGEND PROPOSED PARCEL PROPERTY LINE — — — — — — SECTION LINE - - RIGHT OF WAY LINE N.S.L.R.W.C.D. NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.B. PLAT BOOK PG. PAGE RNG RANGE TWP TOWNSHIP a_� I�n�6y,H0in DATE BndAssociates,inc 12/17/08 GM 11A Sb-t TWb 3M .e. 6—N. IL. 32Ma PROJECT NO. seat (77a) Mf-7m F" ('m su M------- wwwjaaal'-Ia cm V W C. 2. THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY. NOT A BOUNDARY RETRACEMENT SURVEY. 3. THIS SHEET IS NOT VALID WITHOUT SHEET NUMBER 2 OF 2. This cwttN.r thct o 4qd dsa*fion and sketch of the p-prfy described heron — mad. under my s v—.im and that this Isyd descgption and sketch meets the minlnwm tsd nicd standards set firth by the Florida Boars of Prohnbnd Land S.—j. s M Lricpfsr 61017-6, Florfda Adnlnia-ti s tied , ..slant to Section 472.027, Florida Stotutsr. AAnnqq that this aYaw 7 is a Hue tod oawrote rep 1 ntallon lherybfi fo !ne bead oq�my knoWsdpe and bdNf. S, A� t !o notes d d. notalionr sA hereon. NE ORIGNAL RAISED SEAL YAPPER ABOVE LEGAL DESCRIPTION AND SKETCH OFr teE,: ST. LUCIE SCHOOL BOARD PROPERTY ALTERNATIVE NO. 3 TE —i&-, VALID IATNOUT THE FLORIDA LIC 1 OF 2 M LEGAL DESCRIPTION 60 ACRE TRACT ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 14, TOWNSHIP 35 SOUTH, RANGE 39 EAST, TALLAHASSEE BASE MERIDIAN, AND BEING IN ST. LUCIE COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FOR REFERENCE AT THE NORTHEAST CORNER OF SECTION 14, THENCE, BEARING SOUTH 89"33'54' WEST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 108.00 FEET TO A POINT; THENCE, LEAVING SAID NORTH LINE, BEARING SOUTH 00°12'42' EAST, A DISTANCE OF 51.00 FEET TO A POINT BEING THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT (N.S.L.R.W.C.D.) CANAL No. 46 AND THE WEST RIGHT OF WAY LINE OF N.S.L.R.W.C.D CANAL No. 40, SAID POINT BEING THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE ALONG SAID WEST RIGHT OF WAY LINE OF CANAL No. 40, THE FOLLOWING THREE (3) COURSES: 1. BEARING SOUTH 00*12-42- EAST, A DISTANCE OF 1,287.24 FEET TO A POINT; 2. THENCE, BEARING NORTH 89`37'03" EAST, A DISTANCE OF 4.00 FEET TO A POINT; 3. THENCE, BEARING SOUTH 00'12'42' EAST, A DISTANCE OF 799.38 FEET TO A POINT; THENCE, LEAVING SAID WEST RIGHT OF WAY LINE, BEARING SOUTH 89'38'38" WEST, A DISTANCE OF 1,155.50 FEET TO A POINT; THENCE, BEARING NORTH 00`34'58' WEST, A DISTANCE OF 24.64 FEET TO A POINT OF CURVATURE; THENCE, ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 1,350.00 FEET, A CENTRAL ANGLE OF 17°08'46"; WITH A CHORD LENGTH OF 402.49 FEET, AND BEARING NORTH 09`09'21' WEST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 404.00 FEET TO A POINT OF REVERSE CURVATURE; THENCE, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1,350.00 FEET, A CENTRAL ANGLE OF 12'34'17'; WITH A CHORD LENGTH OF 295.61 FEET, AND BEARING NORTH 11'26'36' WEST; THENCE NORTHERLY ALONG THE ARC, A DISTANCE OF 296.21 FEET TO A POINT; THENCE, BEARING NORTH 44"35'34" EAST, A DISTANCE OF 43.75 FEET TO A POINT; THENCE, BEARING NORTH 00°32'56" WEST, A DISTANCE OF 110.43 FEET TO A POINT; THENCE, BEARING NORTH 45'24'26" WEST, A DISTANCE OF 50.22 FEET TO A POINT; THENCE, BEARING NORTH 00"34'58' WEST, A DISTANCE OF 1,195.48 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF SAID CANAL No. 46 THENCE, BEARING NORTH 89'33'54" EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 1,285.01 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 2,613,600 SQUARE FEET OR 60.00 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. NOTES: 1. THE BEARING BASE FOR THIS SURVEY IS THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 35 SOUTH, RANGE 39 EAST. SAID LINE IS ASSUMED TO BEAR SOUTH 89'33'54" WEST IN ACCORDANCE TO NOTE 2. 2. THIS SKETCH AND LEGAL BASED ON THE BOUNDARY AND TOPOGRAPHIC SURVEY PREPARED BY CULPEPPER AND TERPENING, INC, JOB NO. 04-072S, DATED MAY 5, 2004. THIS IS NOT A BOUNDARY SURVEY, IT IS FOR INFORMATION PURPOSES ONLY. 3. THE PREMISES SHOWN HEREON MAY BE SUBJECT TO ANY EXISTING EASEMENTS, RIGHT—OF—WAY, RESTRICTIONS, AND SETBACK LINES WHETHER OR NOT THEY MAY BE SHOWN HEREON OR WHETHER OR NOT RECORDED IN THE PUBLIC RECORDS. 4. THIS SURVEY EXHIBIT IS NOT INTENDED TO PROVIDE TITLE OPINION OR OWNERSHIP. 5. THIS SHEET IS NOT VALID WITHOUT SHEET NUMBER 1 OF 2. a�� ley-H°m o�TE LEGAL DESCRIPTION AND SKETCH OF SHEET N`� �dAssociates,lnc. T2/'7/°e ST. LUCIE SCHOOL BOARD PROPERTY 2 OF 2 © Y-� Nb ��' x3 PROJECT NO. O r• M) �7W ° C ti 2-M ALTERNATIVE NO. 3 T�oc (nl ff-" fAX (7m en -Mr wn�r-NowKwN u �r 1' AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B.5 DATE: February 23, 2010 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre SUBJECT. B&E Houck Enterprises, Inc. - Consent to Lease Agreement and First and Second Addenda to Lease Agreement with Aviator Holdings of Florida, Inc. BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See C.A. No. 10-0189 RECOMMENDATION: Staff recommends the Board of County Commissioners consent to the Lease Agreement and First and Second Addenda to Lease Agreement between S&E Houck Enterprises, Inc. and Aviator Holdings of Florida, Inc. COMMISSION ACTION: [�Q APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management 6 Budget Purchasing: Daniel S. McIntyre Originating Dept. Public Works Dir: Airport Dir Diana Lewis Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO.: 10-0189 DATE: February 10, 2010 SUBJECT: B&E Houck Enterprises, Inc. - Consent to Sublease Agreement and First and Second Addenda to Sublease Agreement with Aviator Holdings of Florida, Inc. BACKGROUND. Attached to this memorandum is a copy of a Lease Agreement between B&E Houck Enterprises, Inc. and Aviator Holdings, Inc., as well as a First and Second Addenda to the Lease Agreement. It should be noted that although the documents refer to a "Lease Agreement", the document is actually a sublease to the sublease under Airport Holding Fort Pierce, LLC's sublease to B&E Houck Enterprises which was approved by the Board of County Commissioners in conjunction with the sale of the leasehold interest to Airport Holdings Fort Pierce, LLC on April 24, 2007. The president of Aviator Holdings is Michael Cohen who has operated the Ari- Ben Flight School at the airport for a number of years. Although the Sublease's term commenced on April 2009, the documents were only recently submitted to Airport Holdings and the County for review and approval. The Lease covers the flight school foci lity at the St. Lucie County International Airport formerly occupied by Regional Airline Academy. Aviator Holdings has been licensed to provide to offer flight training as well as o two year degree program in aviation at the facility. The degree program will commence in January 2010. The term of the Lease Agreement will run concurrently with the master lease between Airport Holdings and the County. As the term of sublease will exceed twelve (12) months, the master lease requires consent by the Board of County Commissioners. Staff has reviewed the Lease Agreement and the First and Second Addenda and they appear acceptable as to form. As the Lease Agreement exhibits are voluminous, please contact the County Attorney's office for a copy if you wish to review them. INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO.: 10-0189 DATE: February 10, 2010 SUBJECT: B$E Houck Enterprises, Inc. - Consent to Sublease Agreement and First and Second Addenda to Sublease Agreement with Aviator Holdings of Florida, Inc. BACKGROUND: Attached to this memorandum is a copy of a Lease Agreement between B&E Houck Enterprises, Inc. and Aviator Holdings, Inc., as well as a First and Second Addenda to the Lease Agreement. It should be noted that although the documents refer to a "Lease Agreement", the document is actually a sublease to the sublease under Airport Holding Fort Pierce, LLC's sublease to BCE Houck Enterprises which was approved by the Board of County Commissioners in conjunction with the sale of the leasehold interest to Airport Holdings Fort Pierce, LLC on April 24, 2007. The president of Aviator Holdings is Michael Cohen who has operated the Ari- Ben Flight School at the airport for a number of years. Although the Sublease's term commenced on April 2009, the documents were only recently submitted to Airport Holdings and the County for review and approval. The Lease covers the flight school facility at the St. Lucie County International Airport formerly occupied by Regional Airline Academy. Aviator Holdings has been licensed to provide flight training as well as a two year degree program in aviation at the facility. The degree program will commence in January 2010. The term of the Lease Agreement will run concurrently with the master lease between Airport Holdings and the County. As the term of sublease will exceed twelve (12) months, the master lease requires consent by the Board of County Commissioners. Staff has reviewed the Lease Agreement and the First and Second Addenda and they appear acceptable as to form. As the Lease Agreement exhibits are voluminous, please contact the County Attorney's office for a copy if you wish to review them. Pal,CL �V�� 'n r,- (Y)o v e ct RECOMMENDATION/CONCLUSION : Staff recommends the Board of County Commissioners consent to the Lease Agreement and First and Second Addenda to Lease Agreement between ME Houck Enterprises, Inc. and Aviator Holdings, Inc. Respectfully submitted, Heather Young Assistant County Attorney HY/ Attachments Copies to: County Administrator Airport Director LEASE AGREEMENT (with Option to Purchase) Table of Contents TERMS & CONDITIONS SECTION Demiseof Premises....................................................................................... l SubgroundLease............................................................................................2 [Intentionally Omitted]................................................................................... 3 [Intentionally Omitted]................................................................................... NetLease...................................................................................................5 Term.........................................................................................................6 Base Rent and Additional Rent..........................................................................7 Use...........................................................................................................8 Maintenance of Premises.................................................................................9 Utilities....................................................................................................10 Insurance................................................................................................... I I Casualty...................................................................................................12 Condemnation.............................................................................................13 Compliance with Environmental Laws ................................................................14 Subordination..............................................................................................15 Alterations..................................................................................................16 Indemnification ............................................................................................. 17 Tenant's Default..........................................................................................18 Landlord's Remedies.....................................................................................19 Landlord's Default.......................................................................................20 Re-entry ....................................................................................................21 QuietEnjoyment......................................................................................... 22 Assignment and Subletting............................................................................. 23 Further Assurances...................................................................................... 24 Miscellaneous............................................................................................. 5 Timeof Essence..........................................................................................26 Validityof Agreement...................................................................................27 SaleBy Landlord.........................................................................................28 Security....................................................................................................29 Intentionally Omitted..................................................................................... 30 AuthorityLease...........................................................................................31 EXHIBITS A. Authority Lease B. Subground Lease C. Personal Property and Improvements D. Payment Schedule E. Leases F. Legal Description of Premises LEASE AGREEMENT (with Option to Purchase) THIS LEASE AGREEMENT ("Lease Agreement" or "Agreement") is made this I" day of April, 2009 ("Effective Date"), between B&E HOUCK ENTERPRISES, INC. ("Landlord") and Aviator Holdings of Florida, Inc. ("Tenant"). RECITALS Landlord owns certain personal property and improvements known as the Pan Am facility on land located at the St. Lucie County International Airport ("Airport") that the St. Lucie County Port and Airport Authority ("Authority") leases to Landlord pursuant to that certain Amended and Restated Lease Agreement, dated October 10, 2000 ("Authority Lease") attached hereto as Exhibit A. Landlord intends to sell its interest in the Authority Lease to Airport Holdings, L.L.C. or its assigns ("AH), and at closing on that sale will execute a subground lease with AH on the form attached hereto as Exhibit B ("Subground Lease") . Landlord desires to sublease to Tenant and desires to sublease from Landlord the land described in the Subground Lease ("Land"), and those improvements and personal property described on Exhibit C attached hereto ("Personal Property and Improvements") in accordance with the terms and subject to the conditions contained in this Agreement. AGREEMENTS FOR AND IN CONSIDERATION of the mutual covenants contained in this Agreement, Landlord and Tenant (sometimes referred to jointly as the "parties") agree as follows: Section 1. Demise of Premises. (a) Subject to the conditions set forth below, Landlord shall lease to Tenant, and Tenant shall lease from Landlord, the Land and Personal Property and Improvements (collectively "Premises"). (b) The parties' respective interests in the Premises will be subject only to the operation and effect of the Authority Lease, and any future financing of Landlord, exceptions to title existing on the Effective Date, and those current and future matters that affect title to the Premises, but that will not result in material interference with -the conduct of Tenant's business activities on the Premises or materially increase the cost of conducting those activities on the Premises (collectively, "Permitted Exceptions"). The parties do not intend the covenant set forth in the preceding sentence to preclude or restrict sales of Landlord's interest in all or a portion of the Premises. Tenant leases the Premises in "as -is" condition without representation or warranty from Landlord. Section 2. Subground Lease. Except for obligations that arise, or conditions and restrictions that must be observed, before the Commencement Date (as defined below), Tenant shall fully and punctually perform all obligations, and observe all restrictions and conditions, that are incumbent upon the "Tenant" under the terms of the Subground Lease and applicable to the Premises. Tenant shall indemnify and hold Landlord harmless against all liability, loss, cost and expense, including, without limitation, reasonable attorneys' fees that Landlord may sustain by virtue of Tenant's failure to perform the obligations set forth above in this Section. Landlord shall not require the consent of Tenant to amend the Subground Lease, Tenant waiving hereby any right it may have to give any such consent or consents, provided that such amendment does not impose any increased material obligation on Tenant or materially diminish any of its rights. Landlord and Tenant hereby acknowledge that this Lease requires the consent of the Authority. In the event the Authority refuses to grant its consent for any reason whatsoever, this Lease shall terminate 30 days following written notice form Landlord to Tenant. These indemnities will survive the expiration of the Term of any earlier termination of this Agreement. In the event the commencement date of the Subground Lease is after the Effective Date, tenant shall nevertheless comply with al the terms and conditions of the Subground Lease as though it were in effect on the Effective Date (and Landlord shall have the right to enforce all such terms and conditions against Tenant), including the obligation to pay rent hereunder Section 3. [Intentionally Omitted]. Section 4. [Intentionally Omitted]. Section 5. Net Lease. This Lease is intended as a net lease, and it is the intention of Landlord and Tenant that the Base Rent herein specified shall be net to Landlord. Tenant, not Landlord, shall be liable for each and every cost, charge, fee, impost, levy, expense and expenditure, incurred, accrued or arising out of or in connection with the operation, maintenance, repair, replacement, insuring, management, use and occupancy of the whole and every part of the Premises. Section 6. Term. (a) The initial term of this Agreement ("Term") will be the period that commences on April 1, 2009 ("Commencement Date"), and that ends upon termination of ,—.-aster Lease. Section 7. Base Rent and Additional Rent. (a) Tenant shall pay to Landlord for the Premises base monthly rent ("Base Rent") plus all applicable taxes in equal monthly payments as set forth on the payment schedule ("Payment Schedule") attached hereto as Exhibit D. Base Rent shall increase by the percentage increase in ground rent paid by Landlord under the Master Lease with respect to the Premises, effective on the same date that the increase in ground rent takes effect under the Master Lease (defined below). Tenant shall pay each installment of Base Rent plus other sums due hereunder ("Additional Rent"), together known as "Rent", in advance on the first day or each month during the Term. (b) Tenant will pay as Additional Rent all real estate taxes, personal property taxes, intangible taxes, and installments of special assessments levied against the Premises and attributable to any period of time included within the Term ("Impositions"). Tenant shall pay each Imposition within 15 days receipt of the invoice for such Imposition. Tenant must pay all -2- interest and penalties that accrue in respect of that Imposition paid more than 15 days after the date on which Tenant receives the invoice. (c) Each Rent payment not received by the fifth day after due shall bear interest from the due date until paid at the rate of two percent per month plus a one-time bookkeeping charge of five percent of the amount due. Landlord and Tenant agree that such late charge represents a reasonable estimate of such costs and expenses and is fair reimbursement to Landlord. In no event shall such late charge be deemed to grant to Tenant a grace period or extension of time within which to pay any Rent or prevent Landlord from exercising any right or enforcing any remedy available to Landlord upon Tenant's failure to pay each installment of Rent due under this Lease when due, including the right to terminate this Lease and recover all damages from Tenant. No payment by Tenant or receipt by Landlord of a lesser amount of monthly Base Rent, Additional Rent or any other sum due hereunder, shall be deemed to be other than on account of the earliest due rent or payment, nor shall any endorsement or statement on any check or any letter accompanying any such check or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or payment or pursue any other remedy available in this Lease, at law or in equity. Landlord may accept any partial payment from Tenant without invalidation of any contractual notice required to be given herein (to the extent such contractual notice is required) and without invalidation of any notice required by any law pertaining to eviction or summary remedy for regaining possession of real property in the event of tenant default. Section 8. Use. Tenant may use the Premises for all purposes permitted under the Authority Lease. In using the Premises, Tenant must observe all conditions and restrictions in the Authority Lease that are applicable to that use. In connection with its use of the Premises, but subject to any limitation set forth elsewhere in this Agreement, Tenant shall comply with all Laws (defined below), including all zoning, and Authority and other governmental rules and regulations applicable to the Premises from time to time during the Term. Moreover, Tenant must obtain at its expense all licenses and permits that may be required in order for Tenant to lawfully conduct its business within the jurisdiction within which the Premises are located. Tenant may not do, or permit to be done, anything on the Premises that results in the creation, commission or maintenance of a nuisance. Tenant shall not engage in any commercial activity on the Airport that competes directly with the operations of Landlord on the Airport on the Effective Date, including without limitation, food sales, fuel sales, and equipment rental. Section 9. Maintenance of Premises. Tenant at its cost shall maintain, repair and replace in a good and safe operating condition, all portions of the Premises including, but not limited to, all appliances, equipment, walls, surfaces of exterior and interior walls, the roof, ceiling, windows, doors, plate glass, entrances and vestibules, and all electrical, mechanical, plumbing and other fixtures and systems, including the sprinkler system, and all heating, ventilating and air-conditioning systems servicing the Premises. Tenant's responsibilities shall also include the tennis court, parking lots, pool, landscaping, ramps and any fences on or surrounding the Land. At the expiration of the term of this Lease, or upon prior termination, Tenant shall surrender the Premises to Landlord in the same condition as received, normal wear and tear excepted. Tenant shall maintain the Premises in compliance with all environmental -3- laws, rules and regulations and all other laws, rules and regulations applicable to the Premises, including any domestic and foreign federal, provincial, state, municipal and local laws, statutes, regulations, ordinances, guidelines, policies, judge -made laws or common laws and any orders of a court of governmental authority, relating in any way to the natural or human environment (including land, surface water, ground water, and real, personal, moveable and immovable property), public or occupational health and safety and the manufacture, importation, handling, use, reuse, recycling, transportation, storage, disposal, elimination and treatment of substances, hazardous or otherwise, including without limitation the Americans with Disabilities Act (collectively, "Laws"). Tenant shall maintain service contracts reasonably acceptable to Landlord on the HVAC systems and the flight simulator. If, following notice from Landlord, Tenant fails to make any necessary repairs or perform any necessary maintenance for which Tenant is responsible, Landlord may cause the repairs or maintenance to be performed and Landlord's costs of doing so will be payable as additional rent with the next installment of Base Rent that becomes due. Section 10. Utilities. Tenant shall pay for all utilities and other services furnished to the Premises. Section 11. Insurance. (a) Tenant shall, at all times during the term of this Lease and at Tenant's sole cost and expense, obtain and keep in force the insurance coverages and amounts set forth in this Section 11, and as required by the Authority Lease. Tenant shall maintain commercial general liability insurance or aviation liability insurance including Premises, Passenger Legal Liability, Hangarkeepers, Warehouse and Cargo Legal Liability, with limits not less than two million dollars ($2,000,000) per occurrence and five million dollars ($5,000,000) general aggregate, which insures against claims for bodily injury, personal injury, advertising injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Premises. Such insurance shall include blanket contractual liability, fire legal liability, premises, products and completed operations, and include medical payments with minimum limits of $10,000 each accident. Such insurance shall be written on an occurrence basis and contain a standard separation of insureds provision with cross liability. Tenant shall maintain business auto liability insurance, including Airport Premises if vehicles are used airside, with limits not less than one million dollars ($1,000,000) each accident covering owned, hired and non -owned vehicles used by Tenant. If Tenant has no owned autos, Tenant shall at a minimum provide hired and non -owned auto liability coverage. Tenant shall maintain umbrella excess liability insurance on a following form basis in excess of the required commercial general liability or aviation liability, business auto and employers liability insurance with limits not less than five million dollars ($5,000,000) per occurrence and aggregate. Tenant shall maintain workers' compensation insurance in statutory limits for all of its employees in the state in which the Property is located and employers liability insurance which affords not less than one million dollars ($1,000,000) for each coverage and policy limit. Tenant shall purchase and maintain property insurance upon the entire Leased Premises for the full replacement cost at the time of any loss. This insurance shall be on an "All Risk" basis, with Flood and Wind. Tenant shall maintain "all risk" property insurance for the Personal Property and Improvements in an amount not less than the full replacement cost. Such property insurance shall include business income and extra expense coverage with sufficient limits for Tenant to -4- sustain its business operation at this location for a period of twelve (12) months. Tenant shall maintain boiler and machinery insurance against loss or damage from an accident from Tenant installed or the Personal Property and Improvements for full replacement cost and plate glass insurance coverage against breakage of plate glass in the Premises from causes other than insured perils. Tenant may self insure for plate glass. Any deductibles selected by Tenant shall be the sole responsibility of Tenant. (b) All insurance and all renewals thereof shall be issued by companies with a rating of at least "A-" "VIII" or better in the current edition of Best's Insurance Reports or S&P A and be approved to do business in the state in which the Property is located. Each policy shall expressly provide that the policy shall not be canceled or materially reduced below the limits required without thirty (30) days' prior written notice to Landlord and shall remain in effect notwithstanding any such cancellation or alteration until such notice shall have been given to Landlord and such period of thirty (30) days shall have expired. All liability insurance (except employers liability) shall name Landlord and any other parties designated by Landlord (including any ground lessor, aviation authority or mortgagee) as an additional insured, shall be primary and noncontributory to any insurance which may be carried by Landlord, shall afford coverage for all claims based on any act, omission, event or condition that occurred or arose (or the onset of which occurred or arose) during the policy period, and shall expressly provide that Landlord, although named as an insured, shall nevertheless be entitled to recover under the policy for any loss, injury or damage to Landlord. All property insurance shall name Landlord as loss payee as respects Landlord's interest in any improvements and betterments. Tenant shall deliver certificates of insurance, acceptable to Landlord, to Landlord at least ten (10) days before the Commencement Date and at least ten (10) days before expiration of each policy. If Tenant fails to insure or fails to furnish any such insurance certificate, Landlord shall have the right, but not be required to, from time to time to effect such insurance for the benefit of Tenant or Landlord or both of them, and Tenant shall pay to Landlord on written demand, as Additional Rent, all premiums paid by Landlord. Landlord may at any time amend the requirements herein due to (i) information not previously known to Landlord and which poses a material risk (ii) changed circumstances which in the reasonable judgment of Landlord renders such coverage materially unadequate or (iii) as required by Landlord's lender. (c) Tenant waives on behalf of all insurers under all policies of property insurance now or hereafter carried by Tenant insuring or covering the Premises, or any portion or any contents thereof, or any operations therein, all rights of subrogation which any such insurer might otherwise, if at all, have to any claims of Tenant against Landlord. Landlord waives on behalf of all insurers under all policies of property insurance now or hereafter carried by Landlord insuring or covering the Property, or any portion or any contents thereof, or any operations therein, all rights of subrogation which any such insurer might otherwise, if at all, have to any claims of Landlord against Tenant. Landlord and Tenant shall procure from each of the insurers under all policies of property insurance now or hereafter carried by such party insuring or covering the Premises, or any portion or any contents thereof, or any operations therein, a waiver of all rights of subrogation which the insurer might otherwise, if at all, have to any claims of either party against the other as required by this section. -5- Section 12. Casually. All repair and restoration requirements with respect to damage caused by a fire or other casualty that renders the Premises untenantable shall be governed by the Authority Lease. The Base Rent and any additional rent payable in accordance with the terms of this Agreement will not, however, abate. Subject to the Existing Financing Loan Documents and Authority Lease, Tenant shall be entitled to receive all insurance proceeds. Section 13. Condemnation. (a) If, during the Term, all of the Premises is taken for any public or quasi -public use under any governmental law, ordinance or regulation or by right of eminent domain, this Agreement will terminate and the rent will be abated during the unexpired portion of the Term, effective on the date the condemning authority takes physical possession. (b) Subject to the terms of the Authority Lease, if a portion but not all of the Premises is taken for any public or quasi -public use under any governmental law, ordinance or regulation, or by right of eminent domain and the partial taking or condemnation renders the remaining portions of the Premises unsuitable for Tenant's business, (i) Tenant shall restore, reconstruct or reconfigure that portion of the Premises not affected by the taking to the extent necessary to make the remaining portions of the Premises reasonably suitable for Tenant's business, and (ii) this Lease will continue in full force and effect with the rent payable during the unexpired portion of the Term adjusted to such an extent as may be fair and reasonable under the circumstances, and Tenant will have no claim against Landlord for the value of any interrupted portion of the Term. (c) If a condemnation or taking, total or partial, occurs and Tenant does not use the award or price paid in connection with the taking for the restoration, reconstruction or reconfiguration of the Premises, the parties will initially share the award or price (or so much of the award or price as remains after the satisfaction of any superior claims that the Authority and Lender have) in equitable amounts based on the relative fair market value of their interests taken. Section 14. Compliance with Environmental Laws. (a) Tenant shall fully and punctually comply with all present and future Legal Requirements that are applicable to the Premises and that relate to the quality or protection of the environment or the use, storage, handling and disposal of Hazardous Material (as defined below), including, without limitation, the National Environmental Policy Act of 1969, as amended, 42 U.S.C. § 4321 et seq,, the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et sec., the Hazardous Materials Transportation Act, 49 U.S.C. §1801 et sea., the Toxic Substances Control Act, 15 U.S.C. §2601 et seg., the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et sea., the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977, 33 U.S.C. §1251 et seq., and the Clean Air Act, 42 U.S.C. §7401 et seq., and all regulations promulgated on the authority of the foregoing (the "Environmental Laws"). , except for those hazardous Materials that existed on the Premises or adjacent properties on Commencement Date. The term "Hazardous Material" means any substance that is or becomes defined as a "hazardous waste", "hazardous material", "hazardous substance", "pollutant" or "contaminant" under any Environmental Law, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §9601 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §6901 et seq.) and the associated regulations. Tenant must also fully and punctually observe all requirements set forth in the -6- Authority Lease pertaining to Hazardous Material that Tenant or any of its employees, agents, contractors or invitees brings on to the Premises in connection with the conduct of its activities on the Premises. (b) Tenant shall defend, indemnify and hold Landlord, the Authority and their respective directors, officers, agents, employees and contractors harmless from and against all suits, actions, legal or administrative proceedings, demands, claims, liability, fines, penalties, loss, injuries, damages, expenses and costs, including, without limitation, interest and reasonable attorneys' and paralegals' fees for attorneys of the indemnitee's choice, and costs of defense (direct and on appeal), settlement or judgment, (i) that may be incurred or suffered by, or claimed or assessed against, any of the indemnitees under any Environmental Law for, with respect to, or as a direct or indirect result of the presence on the Premises of, or the transportation, handling, management, storage, spill, escape, seepage, leakage, spillage, discharge, emission or release to or from the Premises of, any Hazardous Material that is brought on the Premises during the Term in connection with Tenant's use of the Premises, and (ii) that is in any way connected with any death or injury to any person, any destruction or damage to any property, or any potential or actual impacts, contamination of or adverse effects in the environment. Section 15. Subordination. This Lease shall be subject and subordinate to any Premises mortgage or ground lease, including without limitation the Authority Lease, Subground Lease, and Existing Financing, which may now exist or hereafter be placed on or against the Property or on or against Landlord's interest or estate therein, all without the necessity of having further instruments executed by Tenant to effect such subordination. Tenant agrees to attom to any mortgagee or ground owner; and the Tenant agrees, within ten days of request, to execute such evidence of attornment as the mortgagee or ground owner may from time to time reasonably request. Tenant further agrees that such attornment shall not be terminated by foreclosure; and that the mortgagee or ground owner may, at Lender's option, accept or reject such attomment. In the event of attornment by Tenant, the ground owner or mortgagee shall not be (a) liable for any act or omission of Landlord; or (b) subject to any offsets or defenses Tenant has against Landlord; or (c) bound by prepayment of more than one month's Rent; or (d) be required to account for any security deposit not actually delivered to such ground owner or mortgagee; or (e) bound by any modification of this Lease not approved by it. Tenant shall execute a subordination and attornment agreement upon ten days prior notice, provided that such agreement is mortgagee's standard form. Tenant further agrees to provide any mortgagee of the Property written notice of a Landlord default under this Lease and a reasonable opportunity to cure such default. Section 16. Alterations. Without the prior written consent of the Landlord (which consent shall not be unreasonably withheld), the Tenant will not make any alterations, repairs, additions, changes or improvements (collectively the "Alterations") or permit the same to be made in or to the Premises. Any Alterations made to the Premises by the Tenant at any time during the currency of this Lease, shall be at the sole risk, cost and expense of the Tenant and made to the satisfaction of the Landlord, and the Tenant shall bear all operating costs in respect of any such Alteration so made. The Landlord shall be entitled to impose as a condition of its -7- consent to the Alterations the requirement that the specifications of such Alterations shall be in accordance with the Landlord's general standard in the Property. At the expiration or earlier termination of this Lease for whatever reason or upon Tenant vacating the Premises with the permission of Landlord prior to the expiration hereof, Tenant shall, as required by Landlord, remove all, or certain specified Alterations including, without limitation, all Alterations installed by Landlord and/or Tenant in the Premises, pursuant to the terms of this Lease or pursuant to the terms of any prior lease by Tenant of the Premises and regardless of whether Landlord or Tenant is or was responsible for the cost thereof. Tenant shall thereupon become obligated to restore the Premises to their original condition, (save for such Alterations as Landlord permits to remain). Should Tenant not be required to remove any of such Alterations, they shall, in the case of alterations, remain in the Premises as the property of Landlord and in the case of all other Alterations ipso facto upon the happening of an Event of Default (as defined below) or upon the expiration or earlier termination of this Lease for any other reason, be deemed to have become the property of Landlord without any compensation being paid therefor other than the demise of the Premises set forth herein. The Tenant shall promptly pay all charges incurred by the Tenant for any work, materials or services that may be done, supplied or performed in respect of the Premises and shall forthwith discharge any liens or encumbrances registered against the Premises and keep the Property free from liens and encumbrances. Should the Tenant fail to comply with this paragraph, the Landlord may, but, shall be under no obligation to pay into Court or to the creditor thereof the amount required to obtain a discharge of any such liens and encumbrances in the name of the Tenant and any amount so paid together with all costs in respect of such proceedings shall be forthwith due and payable by the Tenant to the Landlord as Additional Rent. Section 17. Indemnification. There shall be no abatement from or reduction of the Rent due hereunder regardless of the reason or cause. Tenant shall not be entitled to damages, costs, losses or disbursements from Landlord regardless of the cause or reason therefor (except where such cause or reason is Landlord's direct gross negligence). Without restricting the foregoing, Landlord shall not be liable for any other damage to or loss, theft, or destruction of property, or death of, or injury to, persons at any time in or on the Premises, however occurring. Tenant shall indemnify, protect, hold harmless, and shall defend at its own expense, the Landlord and Landlord's mortgagees from time to time against any and all claims and demands made by or arising from Tenant's officers, employees, contractors, invitees and/or agents and/or from the actual or alleged act or omission of Tenant, its officers, agents, invitees and/or employees (except to the extent arising from Landlord's gross negligence or willful misconduct), as well as those arising from Tenant's failure to comply with any applicable environmental laws or regulations (as described in more detail previously herein) and with any covenants of this Lease Agreement on its part to be performed. Tenant further agrees to waive all claims against Landlord and Landlord's mortgagees from time to time on account of any loss or damage from whatsoever cause (other than gross negligence or willful misconduct of Landlord) which may occur to it or its property in the use and occupancy of the Premises, the giving of this waiver -8- being one of the considerations upon which this Lease Agreement is granted. The provisions of this section shall survive the expiration or earlier termination of this Lease. Section 18. Tenant's Default. The occurrence of any one or more of the following events (the "Events of Default") will constitute a default and breach of this Agreement by Tenant: (i) Tenant's failure to pay any Rent when due and the continuance of that failure for more than 10 days after the date on which Landlord gives Tenant written notice of the delinquency; (ii) Tenant's failure to observe or perform any of the covenants, conditions or provisions of the Authority Lease that Tenant must observe or perform pursuant to this Agreement, where Tenant has received prior written notice of said default and fails to rectify that default by the date that is six business days in advance of the date on which the Authority may terminate the Authority Lease by reason of the occurrence of that default; (iii) Tenant's failure to observe or perform any of the covenants, conditions or provisions of this Agreement that Tenant must observe or perform, other than the late payment of Rent or additional rent or a default in respect of any of the covenants, conditions or provisions of the Authority Lease that Tenant must observe or perform, where the failure continues for a period of 30 days after Tenant's receipt of written notice from Landlord; if, however, the nature of the obligation that Tenant has failed to perform is such that more than 30 days are reasonably required for its rectification, an Event of Default will not occur so long as Tenant commences the rectification within that 30-day period and diligently and continuously prosecutes the rectification to completion; or (iv) the making by Tenant of any general assignment or general arrangement for the benefit of its creditors; the filing by or against Tenant of a petition seeking relief under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, Tenant causes the petition to be dismissed within 60 days after the date of its filing); the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Agreement, where possession is not restored to Tenant within 60 days after the date of the appointment; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Agreement unless Tenant causes the seizure to be discharged within 60 days after the date of the initiation of the seizure. -9- Section 19. Landlord's Remedies. At any time after the occurrence of an Event of Default, with or without additional notice or demand, Landlord may do one or more of the following: (i) terminate Tenant's right to possession of the Premises and repossess the Premises by any lawful means without terminating this Agreement. In that event Landlord shall use good faith and reasonably prompt efforts to re -let the Premises for the account of Tenant for such rent and upon such terms as may be satisfactory to Landlord. For the purposes of that re -letting, Landlord may repair, remodel or alter the Premises. If Landlord fails to re - let the Premises, Tenant shall pay to Landlord the Base Rent and additional rent reserved in this Agreement for the balance of the Term as those amounts become due in accordance with the terms of this Agreement. If Landlord re -lets the Premises, but fails to realize a sufficient sum from the re -letting to pay the full amount of Base Rent and additional rent reserved in this Agreement for the balance of the Term as those amounts become due in accordance with the terms of this Agreement, after paying all of the costs and expenses of all decoration, repairs, remodeling, alterations and additions and the expenses of the re - letting and of the collection of the rent accruing from the reletting, including, without limitation, brokerage commissions, Tenant shall pay to Landlord the amount of any deficiency upon Landlord's demand from time to time made; terminate this Agreement and repossess the Premises by any lawful means. In that event Landlord may recover from Tenant as damages (a) all Rent, interest and other charges that became due prior to the termination and that remains unpaid, (b) the discounted present value (determined based on then commercially reasonable rates) of the amount, if any, by which (I) the Rent reserved under the terms of this Agreement for the balance of the Term that remained as of the effective date of the termination exceeds (II) the fair market rent for the Premises for the balance of the Term after deduction of all anticipated reasonable expenses of re -letting for that period, including, without limitation, the cost of decorations, repairs, remodeling, alterations and additions reasonably required to induce prospective tenants to lease the Premises, and (c) all reasonable costs and expenses Landlord reasonably incurs in connection with the enforcement of Tenant's obligation to pay those damages, including, without limitation, reasonable attorneys' fees. If the amount described in division (II) above exceeds the amount described in division (I) above, Landlord has no obligation to pay Tenant any part of the excess or to credit any part of the excess against any other sums or damages for which Tenant may be liable to Landlord at the time of the termination; or (iii) pursue any other remedy available to Landlord under the laws of the jurisdiction in which the Premises are located, except as specifically provided in division (ii) above, Landlord may not seek as damages amounts becoming due under the terms of this Agreement in advance of the time that they become due or would have become due absent a termination of this Agreement. Section 20. Landlord's Default. If Landlord defaults in the performance of any of Landlord's obligations set forth in this Agreement, and if (i) Landlord's default can be rectified by the mere payment of money and Landlord fails to rectify its default within 30 days after Tenant's delivery of written notice of the default to Landlord or (ii) Landlord's default cannot be rectified by the mere payment of money and Landlord fails to rectify its default within 30 days after Tenant's delivery of written notice of the default to Landlord or within such longer period of time following the delivery of that notice as may be reasonably required to accomplish the rectification of the default through the exercise of prompt, diligent and continuous efforts, Tenant may pursue any remedy available to Tenant under the laws of the jurisdiction in which the Premises are located. Tenant agrees to give the Lender written notice of any Landlord default hereunder and a reasonable opportunity to cure such default. Section 21. Reentry. Landlord shall have the right to enter the Premises at any time to (a) inspect the Premises, (b) exhibit the Premises to prospective purchasers, lenders or tenants, (c) determine whether Tenant is performing all of Tenant's obligations, (d) supply any service to be provided by Landlord, (e) post notices of nonresponsibility, and (f) make any repairs to the Premises, or make any repairs to any adjoining space or utility services, or make any repairs, alterations or improvements to any other portion of the Property, provided all such work shall be done as promptly as reasonably practicable and so as to cause as little interference to Tenant as reasonably practicable. Tenant waives all claims for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. Landlord shall have the right to use any and all means which Landlord may deem proper to open such doors in an emergency to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of such means shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction, actual or constructive, of Tenant from the Premises or any portion thereof. Section 22. Quiet Enjoyment. Landlord warrants that, so long as Tenant pays all Base Rent and Additional Rent that becomes due under the terms of this Agreement and no Event of Default has occurred and is continuing, Tenant may peaceably and quietly enjoy the Premises at all times during the Term without disturbance. Section 23. Assignment and Subletting. Tenant may not transfer, assign or otherwise alienate its interest in the Premises without first obtaining Landlord's written consent. Landlord may not unreasonably withhold or delay that consent. No subletting, assignment of rights or delegation of duties that Tenant may make will relieve Tenant from liability for the performance of the obligations Tenant undertakes under the terms of this Agreement. Tenant hereby agrees to assume all rights and obligation of Landlord under those Leases attached hereto as Exhibit E. Section 24. Further Assurances. Each party must take the actions, provide the documents, do the things and provide the further assurances that the other party reasonably requests during the Term to comply with the terms of this Agreement. Section 25. Miscellaneous. (a) This Agreement inures to the benefit of and binds each of the parties and their respective heirs, administrators, successors and permitted assigns. (b) The table of contents and all section headings, titles and captions used in this Agreement are purely for convenience and do not affect the interpretation of this Agreement. No presumption or other rule requiring construction against the party that causes an instrument to be drafted will apply to the construction of this Agreement. The parties intend that words of number or gender used in this Agreement will include any other number or gender, as the context may require. Each covenant that a party makes in this Agreement will be a separate and independent covenant of that party, which is not dependent on any other provision of this Agreement. (c) All Exhibits described in this Agreement are incorporated in and made a part of this Agreement, except that, if there is any inconsistency between this Agreement and the provisions of any Exhibit, the provisions of this Agreement control. (d) This Agreement will be governed by and interpreted in accordance with the laws of the state where the Premises are located. EACH PARTY WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM THAT THE OTHER PARTY BRINGS WITH RESPECT TO ANY MATTER ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT OR THE USE AND OCCUPANCY OF THE PREMISES. If either party commences litigation against the other for the specific performance of this Agreement, for damages for the breach of any obligation undertaken under the terms of this Agreement or otherwise for enforcement of any remedy available to that party, the prevailing party in that litigation is entitled to recover from the other party the reasonable attorneys' fees and other costs it incurs in connection with that litigation, including all costs incurred in enforcing, perfecting and executing its judgment. (e) Except as otherwise provided, the parties may amend this Agreement only by means of written agreements signed on behalf of Tenant and Landlord by their respective authorized signatories. (f) This Agreement supersedes all prior understandings, representations, negotiations and correspondence between the parties and constitutes the entire agreement between them with respect to the matters described in this instrument. No course of dealing, course of performance or usage of trade will modify or affect this Agreement. Neither party has made any representation to the other party other than those representations expressly set forth in this Agreement. -12- (g) The invalidity, illegality or unenforceability of any provision of this Agreement will not affect or impair the validity, legality and enforceability of the remaining provisions. (h) The failure of either party at any time to require performance by the other of any provision of this Agreement will not affect that party's right to enforce that provision, nor will the waiver by either party of any breach of any provision of this Agreement constitute a waiver of any further breach of the same provision or any other provision. (i) The parties may execute this Agreement in any number of counterparts and all those counterparts taken together will constitute a single agreement. 0) All notices, approvals, requests, consents and other communications given, required or permitted in accordance with the terms of this Agreement must be in writing and must be hand -delivered or sent by facsimile transmission, Federal Express overnight service or United States certified or registered mail. The parties will consider notices given or delivered when received or when the intended recipient refuses delivery. The parties will address notices as follows: If to Landlord: R. Errol Houck 140 Heather Drive Queenstown, Maryland 21658 If to Tenant: A party may change the address to which it wishes notices to be sent by delivering notice of the change of address to the other party in accordance with the terms of this Section. Section 26. Time of Essence. Time is of the essence with respect to this Agreement. If the final day of any period of time described in this Agreement is a Saturday, Sunday or a legal holiday under the laws of the United States, the State of Florida, or the State of Maryland that period is extended to the next day that is not a Saturday, Sunday or legal holiday. Section 27. Validity of Agreement. This Agreement will not be valid or bind Tenant unless an officer of Tenant has signed it on behalf of Tenant and Tenant's counsel has manifested its approval of the legal form of this Agreement by initialing it in the space provided below, Section 28. Sale By Landlord. Landlord may assign its interest in the Authority Lease and or this Agreement without the consent of Tenant. In the event Landlord assigns all its rights to the Authority Lease and this Agreement, Landlord shall be released from further liability hereunder on the date of assignment. In the event Landlord only transfers its interest in the -13- Authority Lease (and not this Agreement), Landlord may enter into a subground lease for the Land in connection therewith (Landlord becoming sub lessee) or shall facilitate Tenant entering into such subground lease in order to preserve Tenant's rights to continued use and occupancy of the Land. In all cases Tenant shall reasonably cooperate with Landlord, including executing all necessary documents, including an amendment to this Agreement, provided that such document does not impose any increased material obligation on Tenant or materially diminish any of its rights hereunder. Section 29. Security. Tenant, and its employees, invitees, guests, and contractors must abide by those security regulations, policies and procedures (applicable at any time during the Term) ("Security Policies and Procedures") of the Landlord, the Airport, Federal Aviation Administration, the Transportation Security Administration, or any other applicable governmental or regulatory body, promulgated from time -to -time. Tenant shall indemnify, protect, hold harmless, and shall defend at its own expense, the Landlord and Landlord's mortgagees from time to time against any and all loss, claims and demands made by or arising in connection with Tenant's failure to comply with any applicable Security Policies and Procedures. The provisions of this section shall survive the expiration or earlier termination of this Lease. Section 30. [Intentionally Omitted] Section 31. Authority Lease. Tenant is cognizant of the terms and conditions of the Authority Lease and hereby convenants and agrees that its use and occupancy of the Premises hereunder shall be subject to all the provisions of the Authority Lease (as may be amended from time to time) and that it will not do or omit to do or permit to be done or omitted to be done any act or thing over which Tenant has control if such act, thing or omission would constitute a breach of any covenant in the Authority Leasee on the part of Landlord to be performed and observed. Landlord shall not require the consent of Tenant to amend the Authority Lease, Tenant waiving hereby any right it may have to give any such consent or consents provided that such amendment does not educe the term, impose any increased material obligation or Tenant or materially diminish any of its rights. The parties have signed this Agreement on the date first above written. ME HOUCK ENTERPRISES, INC. Aviator Holdings of Florida, Inc. I0 Title: Title: ("Landlord") - l 4- ("Tenant") FIRST ADDENDUM TO LEASE AGREEMENT This First Addendum to Lease Agreement between B&E HOUCK ENTERPRISES, IND. (Landlord) and AVIATOR HOLDINGS OF FLORIDA, INC., (Tenant) modifies the Lease Agreement of April 1st, 2009, in the following manner: A. Section 7. Base Rent and Additional Rent and Exhibit D, Payment Schedule shall provide that from April 1, 2009, until August 1, 2009, no rent will be charged or paid. The next successive six month periods will be paid as follows: 1. Commencing August 1st, 2009, $25,000/month through January 31, 2010. 2. Commencing February 1, 2010, $35,000/month through July 31st, 2010. 3. Commencing August 1st, 2010, $45,000/month through January 31st, 2011. 4 Commencing February lst, 2011, $59,000/month and thereafter. Landlord and Tenant further agree that should rent not be paid in accordance with the schedule due to Tenant's financial inability, a substituted six percent (6%) including sales tax on Tenant's monthly gross revenue plus common area maintenance is payable to Landlord. This lease may be cancelled and terminated by Tenant without penalty or recourse in the event Tenant in its sole discretion determines that it is no longer financially feasible to operate its business, or does not obtain accreditation. Such cancellation and termination shall release Landlord and Tenant from full and faithful performance of all covenants of the lease and Tenant shall surrender the premises together with any and all improvements to Landlord. Whereupon, the parties are released from their mutual obligations in the Lease Agreement. Personal property taxes are not payable as additional rent herein so long as St. Lucie County has not required payment by Landlord. B. Section 9. Maintenance of reflect that maintenance during the lease term is Tenant's responsibility. during this five year period that it Page 1 of 3 Premises is modified to first five years of the However, Landlord agrees will be responsible for replacement of any item that is unable to be repaired. Thereafter, Tenant is responsible for repair and replacement as provided in Section 9 of the Lease Agreement. C. CPI. Any provision contained in the Lease Agreement that allows for adjustments in accordance with the Consumer Price Index is modified to reflect that there shall be no CPI increase in the lease applicable to Tenant for the first three years of the lease term. D. Section 30. Non -competition. Landlord agrees not to rent to another fixed wing flight school while this lease is in effect and Tenant is in good standing pursuant to its terms. E. Section 25(e). Miscellaneous. In all other respects the Lease Agreement dated April 1, 2009, remains in full force and effect. IN WITNESS WHEREOF, the Landlord has executed this First Addendum to Lease Agreement on this day of April, 2009. Attest: Title: Secretary STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) B&E HOUCK ENTERPRISES, INC. By: Title: President BEFORE ME, the undersigned authority, personally appeared President of B&E Enterprises, Inc who, being duly sworn, deposes and says that she has read and executed the foregoing instrument, on behalf of such corporation, on this day of April, 2009. Notary Public State of Florida Type of Identification: Personally known: Driver's License: Other: My Commission Expires: Page 2 of 3 ri IN WITNESS WHEREOF, the Tenant has executed this First Addendum to Lease Agreement on this day of April, 2009. Attest: AVIATOR HOLDINGS OF FLORIDA, INC. By: Title: Secretary Title: President STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) BEFORE ME, the undersigned authority, personally appeared President of Aviator Holdings of Florida, Inc., being duly sworn, deposes and says that he has read and executed the foregoing instrument, on behalf of such corporation, on this day of April, 2009. Notary Public State of Florida My Commission Expires: Type of Identification: Personally known: Driver's License: Other: Page 3 of 3 Feb 02.10 12:52p Kendall J. Phillips, Esq. 1-/12-4b8-U8UU , p.1 SECOND ADDS UK TO LEASE -- 4; This Second Addendum to Lease Agreement between B&E HOUCK ENTERPRISES, IND. (Landlord) and AVIATOR HOLDINGS OF FLORIDA, INC., (Tenant) modifies the Lease Agreement of April 1st, 2009, as amended by that certain First Addendum to Lease Agreement dated June, 2009 (collectively, "Original Lease") in the following manner: A. Section 11. Insurance. Notwithstanding any provision of the first paragraph of Section 11 of the Original Lease to the contrary, the amounts and type of liability and worker's compensation insurance shall be as promulgated by the St. Lucie County International Airport, which insurance is currently set forth on Exhibit A attached hereto and incorporated herein. B. Section 7. Base Rent. Notwithstanding any provision of Section 7 of the Original Lease to the contrary, Base Rent for the month shall be due by the fifteenth day of the month. C. This Addendum shall be subject to all applicable approvals required under the Authority Lease and Subground Lease. D. The parties hereto ratify the Original Lease, as amended herein and acknowledge the Original Lease as amended herebv is in full force and effect. IN WITNESS WHEREOF, the Landlord has executed this Second Addendum to Lease Agreement on this day of February, 2010. Attest: Title: Secretary STATE OF FLORIDA COUNTY OF ST. LUCIE B&E HOUCK MrnMPRISES, INC. By: Title: President BEFORE ME, the undersigned authority, personally appeared EA411ct, %tK j�v/��tc, JiAx y president of B&E Enterprises, Inc., who, being duly sworn, deposes and says that she has read and Page 1 of 2 Feb 02 ,10 12:52p Kendall J. Phillips, Esq. 1-772-468-0800 , p.2 exe ted the foregoing instrument, on behalf of such coIrazion, on this _�_ day of February, 2010. Vopary eutiic ate of Florida My Commiss on xp i r es : Type of Identification: ?ersonally known: Fth- ": 00WFWft Driver'sLicense: NoWy_Mlr Commhdon EspMas Fab FWkk 15' 2011Other: Commission A DD 64M3Banded Through National Notary Assn.IN WITNESS WHEREOF, the Tenas executed this Second Addendum to Lease Agreement on this day of February, 2010. A=test: ILVIAT0111"OIAINGS OF FLOEUMA, INC. Title: President STATE OF FLORIDA } COUNTY OF ST. LUCIE } BEFORE ME, the undersigned authority, personally appeared G%.:ktC, 06KJV , President of Aviator Holdings of Florida, Inc., being duly sworn, deposes and says that he has read and executed the foregoing instrument, on behalf of such cor„6�ation, on this 3 day of February, 2010. Gary YUDiIc ate of Florida Type of Identification: Personally known:' Driver's License: Other: My Commission Expires: �oeNw►lw.eow NOW Public - fta d Florida Mb Casnimm Ettatas Feb 15. 2011 £� QOcc �yAWL .rC.p�a"nla.,i�lN t DD 100 �6W/0.1�Y3 Page 2 of 2 Feb 02, 10 12:52p Kendall J. Phillips, Esq. 1-l11-468-UMU p.3 d1-Z5-'10 15:16 FROM -St Lucie Int Airport 772-462-1718 T-045 P002/003 F-341 OMMURODO s - '� w p p 9oi�JY$ i . •t Yl O _ . �t -'i '6' S:r �! i �% -� f �'. - : AmwmWw At "MORWO 49 Oimv CL mow f N M '3i?•r+. "« Y,: dsT•D�U• �'� w N�O M N w �gg� S JO RI¢10y11/ N N N M N N M N i $ .oeAmado$$$4 gob Y��+11t 5 »'� wM NMa�a� •1 � i 41000014M It OW iquido VDVWXOMO4=9 eW0WSM a•.ev.ohd GOd'OOD'a e ft t f 40 F t i t pu jC i Feb 02,10 12:52p Kendall J. Phillips, Esq. 1-772-468-0800 ' P.3 02—ZU'10 15: 16 FROM -St Lucie Int Airport 772-462-1718 T-045 P002/003 F-341 I A JwjOdO ORF214UPAOD -490M C9 Amok a L PMVW.KUOV a 'R. "Wiew"DO , . : ft UNDO# Vq~ is is of &RUSS A:- X-1 JORMOdo CL A. CqL jawboda &owl if PrAft VEAW -Z JOPift 2 CE CL mm-do Ci or 40"Ounwo Mum 0WOMIF bug Peaks andwell MO ILSJ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B6 DATE: February 23, 2010 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [xx] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Florida Communities Trust Harbor Branch Preserve / FCT Project 07-027-FF7 Third Amendment to Option Agreement for Sale and Purchase BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds will be made available in: 317-3920-561000-3120 (County Capital - Revenue Share Bond - Environmental Resources - Env Reg - Harbor Branch) PREVIOUS ACTION: April 24, 2007 - Board of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust for the Harbor Branch Preserve project. December 18, 2007 - Board of County Commissioners authorized the Chairman to execute and transmit the Grant Contract and Confidentiality Agreement to Florida Communities. May 19, 2009 - Board of County Commissioners approved the Option Agreement for Sale and Purchase of the Harbor Branch Preserve parcels. October 6, 2009 - Board of County Commissioners approved an Amendment to the Option Agreement for Sale and Purchase of the Harbor Branch Preserve parcels. February 9, 2010 - Board of County Commissioners approved a Second Amendment to the Option Agreement for Sale and Purchase of the Harbor Branch Preserve parcels. RECOMMENDATION: Staff recommends that the Board approve the Third Amendment to Option Agreement for Sale and Purchase of the Harbor Branch Preserve parcels, authorize the Chairman to execute the Third Amendment and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [-4 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 2— [x] County Attorney: � Daniel S. McIntyre [x] Originating Dept: 3rAK- JoAnn Riley Review and Approvals [ ] Road and Bridge: Don Pouley [ ] Grants: Bill Hoeffner Faye W. Outlaw, MPA County Administrator [ ] Public Works: Don West [ ] Environmental: Steve Fousek S:\ACQ\WP\JoAnn\Environmental\Harbor Branch Preserve\Agenda Request Third Amendment to Option Agreement.wpd INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 23, 2010 SUBJECT: Florida Communities Trust Harbor Branch Preserve / FCT Project 07-027-FF7 Third Amendment to Option Agreement for Sale and Purchase BACKGROUND: On March 29, 2007, the Land Acquisition Selection Committee ranked the project as an "A" site and unanimously approved the acquisition of the Harbor Branch Preserve project. On April 24, 2007, the Board of County Commissioners approved the submittal of a grant application to Florida Communities Trust (FCT) for funding of $6,600,000.00. The Board also approved funding for the required match of $2,200,000.00. On December 18, 2007, the Board of County Commissioners approved the Grant Contract and Confidentiality Agreement with Florida Communities Trust (FCT) for the purchase of the Harbor Branch Preserve project. The Grant Contract provides 75% of the project costs. On May 19, 2009, the Board of County Commissioners approved the Option Agreement for Sale and Purchase of the Harbor Branch Preserve parcels, with a closing date of mid -October, 2009. On October 6, 2009, the Board of County Commissioners approved an Amendment to the Option Agreement for Sale and Purchase of the Harbor Branch Preserve parcels, with a closing date of January 29, 2010. On February 9, 2010, the Board of County Commissioners approved a Second Amendment to the Option Agreement for Sale and Purchase of the Harbor Branch Preserve parcels, with a closing date of February 15, 2010. The Third Amendment will allow Florida Communities Trust and the County additional time to complete the due diligence investigation under the provisions of the Option Agreement, closing date March 5, 2010. RECOMMENDATION: Staff recommends that the Board approve the Third Amendment to Option Agreement for Sale and Purchase of the Harbor Branch Preserve parcels, authorize the Chairman to execute the Third Amendment and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, JgAnn Riley Property Acquisition Manager 5 \ACQ\WP\JoAnn\Environmental\Harbor Branch Preserve\Agenda Memo Third Amendment to Option Agreement.wpd n Harbor Branch w E • , 0 0.1 0.2 0.4 Mlles Anil 2005 S THIRD AMENDMENT TO OPTION AGREEMENT FOR SALE AND PURCHASE This Third Amendment to Option Agreement for Sale and Purchase ("Addendum to Option Agreement") is entered into this _ day of January, 2010, by and between HARBOR BRANCH OCEONOGRAPHIC INSTITUTION FOUNDATION, INC., whose post office address is 5600 North U.S. Highway 1, Fort Pierce, FL 34946, ("Seller"), and the FLORIDA COMMUNITIES TRUST, a nonregulatory agency within the Department of Community Affairs, whose post office address is 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 ( "Acquiring Agency"), and ST. LUCIE COUNTY, a political subdivision within the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, ("Local Government"). Acquiring Agency and Local Government will collectively be referred to as ("Purchaser") . WHEREAS, Seller and Purchaser entered into an Option Agreement for Sale and Purchase dated June 10, 2009, as amended by an Amendment to Option Agreement for Sale and Purchase dated December 4, 2009, as further amended by that certain Second Amendment to Option Agreement for Sale and Purchase dated ("Option Agreement"), under which Seller granted Purchaser the exclusive option to purchase real property located in St. Lucie County, Florida, as more particularly described in the Option Agreement ("Property"); and WHEREAS, Purchaser and Seller have agreed to extend the Option Expiration Date to allow additional time for the completion of Purchaser's due diligence investigation under the provisions of the Option Agreement; NOW, THEREFORE, for good and valuable consideration the sufficiency and receipt of which is hereby acknowledged, Seller and Purchaser agree as follows: 1. The Option Expiration Date in the Option Agreement is hereby extended to and including March 5, 2010. 2. The provisions of this Third Amendment to Option Agreement are made a part of the Option Agreement and shall supersede, govern and control all contract provisions in conflict therewith. A facsimile ("fax") copy of this Third Amendment to Option Agreement and any signatures hereon shall be considered for all purposes as originals. This Third Amendment to Option Agreement may be executed in several counterparts, each of which shall be construed as an original, but all of which shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Option Agreement through their duly authorized signatories on the date and year first above written. (Signatures on Following Pages) 1 Signature of First Witness Printed, Typed or Stamped Name of First Witness Signature of Second Witness Printed, Typed or Stamped Name of Second Witness Approved As to Form And Legal Sufficiency Seller: HARBOR BRANCH OCEANOGRAPHIC INSTITUTION FOUNDATION, INC. James L. Seitz, as Chairman/President (OFFICIAL SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of February, 2010, by James L. Seitz, as Chairman/President of the Harbor Branch Oceanographic Foundation, Inc., on behalf of said corporation. Such person (notary Public must check applicable box): O is personally known to me () produced a current driver's license ( ) produced as identification (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 2 Signature of First Witness Printed, Typed or Stamped Name of First Witness Signature of Second Witness Printed, Typed or Stamped Name of Second Witness STATE OF FLORIDA COUNTY OF Purchaser: LOCAL GOVERNMENT ST. LUCIE COUNTY, a political subdivision within the State of Florida Name: Title: Attested By (Clerk or Deputy Clerk) (OFFICIAL SEAL) Approved As to Form And Legal Sufficiency 0 The foregoing instrument was acknowledged before me this day of February, 2010, by , as of St. Lucie County, Florida on behalf of the Local Government. Such person (notary Public must check applicable box): () is personally known to me () produced a current driver's license ( ) produced as identification (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 3 ACQUIRING AGENCY FLORIDA COMMUNITITES TRUST By: Signature of First Witness Ken Reecy, Community Program Manager Printed, Typed or Stamped Name of First Witness Signature of Second Witness Printed, Typed or Stamped Name of Second Witness Approved As to Form And Legal Sufficiency ILN STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of February, 2010, by Ken Reecy, as Community Program Manager, Florida Communities Trust on behalf of the Acquiring Agency. Such person (notary Public must check applicable box): ( ) is personally known to me ( ) produced a current driver's license ( ) produced as identification Notary Public (NOTARY PUBLIC SEAL) (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget/Purchasing SUBJECT: Fixed Asset Inventory -Property Record Removal BACKGROUND: See attached memorandum. ITEM NO. VI- C1 DATE: 2/23/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) PRESENTED BY - Marie Marie M. Gouin Director FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. COMMISSION ACTION: (;K) APPROVED () DENIED () OTHER Approved 5-0 Coordination/Signatures I. County Attorney ( X) Dan McIntyre Purchasing ( X)� Sandra Morando CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Budget Analyst ( ) (Name) (Name) TO: FROM: DATE: Office of Management & Budget/Purchasing Board of County Commissioners to A-, Marie M. Gouin, Director February 23, 2010 MEMORANDUM SUBJECT: Fixed asset inventory -property record removal ITEM NO. VI- C1 Background: Per Section 18.4 of the Purchasing Manual, staff is requesting authorization to remove the fixed assets, as listed on the attached Property Disposition Forms (pages 1-25), from the inventory of various departments of St. Lucie County Board of County Commissioners. Recommendation: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. PROPERTY # IDEPT. (ASSETS TYPE 4UO3U7 4020 9849 401400 403946 404509 900116 403840 405126 500700 500735 500743 500665 & A 405234 700362 4F9216 402918 600094 600159 600162 600171 404027 303396 303343 303314 ROAD Central Serv. Parks 11 Landfill Utilities Community Serv. Agriculture Sports Complex Airport 11 pressure cleaner rake stacker soil compactor rotating laser stone compactor pump old compresser kit dump trailer mower pressure washer radio radio radio recorder laptop V-Tracks printer pressure cleaner sofa It of aircraft radio camera old fire extinguisher base station/ radio ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/22/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) F- DISPOSING OF YES 0 NO Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED ETC.) T Nov. 12, 2002 8. DESCRIPTION OF PROPERTY Pressure Cleaner 12. METHOD OF DISPOSAL (IF DISPOSING OF JUNK SURPLUS, SOLD, TRADED, ETC.) Junk. Broken and too costly to repair. .r _.._ DATE DEPARTMENT HEAD AUT IZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. f INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/22/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 6. DISPOSING OF YES Q NO O 11. SERIAL NUMBER '41 K 2343 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk. -ate-vo DEPARTMENT HEAD R AUT IZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) Feb. 8, 1988 8. DESCRIPTION OF PROPERTY Soil Compactor 9. MAKE iNone 10. MODEL NUMBER S25A 11. SERIAL NUMBER ''381138 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK SURPLUS, SOLD, TRADED, ETC) 'Junk. \ DEPARTMENT HEAD AUTH ED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/22/10 4. LOCATION CODE 'PWRoad 5. PROPERTY RECORD # 40-1400 TRANSFERRING TO OTHER DEPARTMENT? YES IF YES, DEPARTMENT NAME 6. DISPOSING OF NO • YES Q NO O 12. METHOD OF DISPOSAL (IF DISPOSING OR JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk. DEPARTMENT HEAD R AUT IZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/22/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 5. PROPERTY RECORD # '40 -3946 TRANSFERRING TO OTHER DEPARTMENT? IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O NO YES Q NO Q A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. -' INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/22/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 5. PROPERTY RECORD # 140-4509 TRANSFERRING TO OTHER DEPARTMENT? YES Q NO IF YES, DEPARTMENT NAME A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/22/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # This is the compressor located at the Gas Station 4. LOCATION CODE 5. PROPERTY RECORD # 90-0116 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY Ingersol Rand Air compress and filter kit 9. MAKE Ingersol Rand 10. MODEL NUMBER 2545E10 11.SERIAL NUMBER 30T940477 NO 0 Central Services CN 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) •�`�- \C) DEPARTMENT HEA R A�R`IZEDPERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. f Rg17ANET:PURCHASING FOPMS:PROPERTY DISPOSMON ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE I "" 1. INVOICE DATE (IF NEW PURCHASE) q _,3Q 7 q 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE f� 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) /�ZIO DE ARTMENT H EAP OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION 30 772462103 PARKS DIVISION PAGE 02/03 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONMISPOSITION OR TRANSFER OF PROPERTY OPER TODAY'S DATE 12/1/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # ;SLC=Parks 4. LOCATION CODE :LS-Parks 5. PROPERTY RECORD # 40-5126 TRANSFERRING TO OTHER DEPARTMENT? YES O NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDfrRADED, ETC.) 2001 8. DESCRIPTION OF PROPERTY Mower 9. MAKE Sunrise Tractor & Equipment Inc 10. MODEL NUMBER MC284 11.SERIAL NUMBER TE00579/043 12.METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Auction DEPARTMENt HEAD ORIAUTHORIZED PERSON DAT THIS FORM 1S TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE, JNVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR)_ THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B_ IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING F0i2MS:PR0PEiZW DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1. INVOICE DATE (IF NEW PURCHASE) % _30 - / 7 9b cn 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE L S. _ 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) DE ARTMENT HE-Ap OR AUTF,ORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. u INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION 772462103 PARKS DIVISION PAGE 02/03 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONMISPOSITIO OR TRANSFER OF P OPER TODAY'S DATE 12/1/09 1. INVOICE DATE (IF NEW PURCHASE) . 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # ,SLC-Parks 4. LOCATION CODE :LS-Parks 5. PROPERTY RECORD # 40-5126 TRANSFERRING TO OTHER DEPARTMENT? YES O NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDITRADED, ETC.) 2001 8. DESCRIPTION OF PROPERTY Mower 9. MAKE sunrise Tractor & Equipment Inc 10. MODEL NUMBER MC284 11.SERIAL NUMBER TE00579/043 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Auction DEPARTMENY, HEAD ORIAUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TOTHE, .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR)_ THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B_ IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. I14TRANET:PURCHA5ING FOR1A&MOPETM DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/14/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Board of County Commissioner, Solid Waste, 6120 Glades Cutoff Road, Fort Pierce, FI 34981 4. LOCATION CODE PWLAND 5. PROPERTY RECORD # :500700 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO Q Y IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) _ 2001 8. DESCRIPTION OF PROPERTY Pressure Washer 9. MAKE landa Gold __.. 10. MODEL NUMBER ^';WVP4-3500 11. SERIAL NUMBER P0601-83759 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) 'Junkµ DEPAR2fIMLNT HEAD OR AUTHORIZED PERSON TE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/14/10 1. INVOICE DATE (IF NEW PURCHASE)�������� 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 'St. Lucie County Board of County Commissioner, Solid Waste, 6120 Glades Cutoff Road, Fort Pierce, FI 34981 J 4. LOCATION CODE PWLAND 5. PROPERTY RECORD # 500735 TRANSFERRING TO OTHER DEPARTMENT? YES Q NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES e NO Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY 'Mobile Radio and Add On 9. MAKE 'Motorola F 10. MODEL NUMBER 1CS2000 11. SERIAL NUMBER 6788BC0568 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.; Junk DEPARTMENT HEAD OR AUTHORIZED PERSON TE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/14/10 1. INVOICE DATE (IF NEW PURCHASE) ` 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Lucie County Board of County Commissioner, Solid Waste, 6120 Glades Cutoff Road, Fort Pierce, FI 34981 4. LOCATION CODE 'PWLAND 5. PROPERTY RECORD # '500743 TRANSFERRING TO OTHER DEPARTMENT? YES IF YES, DEPARTMENT NAME Q NO O 6. DISPOSING OF YES Q NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) �-- " 002 8. DESCRIPTION OF PROPERTY 'Mobile Radio and Add On 9. MAKE Motorola 10. MODEL NUMBER 1LTS 2 Way 11. SERIAL NUMBER '678SCU0686__._____ 12 _METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.; Junk DEPARTMENT HEAD OR AUTHORIZED PERSON rr DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/14/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Board of County Commissioner, Solid Waste, 6120 Glades Cutoff Road, Fort Pierce, FI 34981 4. LOCATION CODE 3PWLAND v 5. PROPERTY RECORD # j500665 & 500665A�` TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY ;Mobile Radio and Add On 9. MAKE ?Motorola i 10. MODEL NUMBER 1CS2000 11. SERIAL NUMBER '"624CJK0421 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK. SURPLU DEPARTM OR AUTHORIZED PERSON TRADED, ETC. TE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY -n 3 TODAY'S DATE 1/14/10 4-; 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Board of County Commissioners, Solid Waste Division, 6120 Glades Cutoff Road, Fort Pierce, FI ?34981 4. LOCATION CODE ?PWLAND 5. PROPERTY RECORD # 405234 TRANSFERRING TO OTHER DEPARTMENT? YES Q NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2001 8. DESCRIPTION OF PROPERTY u ;Digital Recorder ' 9. MAKE jsvl 10. MODEL NUMBER !N/A 11. SERIAL NUMBER 'N/A 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) `Junk - Disposedpf thypugh End of Life Electronics Program. DEPARTIVItENT HEAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY SDATE 1. INVOICE DATE (IF NEW PURCHASE) .J2 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Si Lt/C/t go C'(-7 / 4. LOCATION CODE 5. PROPERTY RECORD # �S t/-flIA-t * Aw . TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO 0 IF YES, DEPARTMENT NAME 6. DISPOSING OF 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY 9. MAKE 10. MODEL NUMBER : 11.SERIAL NUMBER 000co Q7517 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.)) DEPARTMENT HEAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION • ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1224109 1. INVOICE DATE (IF NEW PURCHASE) O1 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Council on Aging of St. Lucie, Inc.; 1505 Orange Avenue, Fort Pierce, FL 34950 4. LOCATION CODE 5. PROPERTY RECORD # 4F9216 (Partial Disposal) Decreasing dollar amount from $326,274.00 to $294.434.00. TRANSFERRING TO OTHER DEPARTMENT? YES Q NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2003 S. DESCRIPTION OF PROPERTY Returned thirty-two V-tracks for credit to apply toward updated replacements. (See attached memo). 9. MAKE ' V-track 10. MODEL NUMBER N/A 11. SERIAL NUMBER See attached memo. 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) _ Returned to company to be applie for credit toward updated replacements. DE , ENT HEAD OR AOTHORIZED PERSON T TPS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. rM by INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION Ja N 05 201101 it. Lucie County Community Services ST. LUCIE COUNTY PURCHASING DEPARTMENT u REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY' TODAY'S DATE ID-) I IC' 1. INVOICE DATE (IF NEW PURCHASE) ..i 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) IA _. 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # ' J R 4. LOCATION CODE _ 11. SERIAL NUMBER (J� FC )ate 12. (� _ TRADED.) ,. . METHOD OF DISPOSAL �r DISPOSING OF: JUNK, SURPLUS,, SOLD, TRADED, ETC C kEr by I7 C l Z-�I DEPA MEN HEAD OR AUTPtGRIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT �4 REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY -n TODAY'S DATE 2/2/10` 1. INVOICE DATE (IF NEW PURCHASE) =� 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Tradition Field Sports Complex 4. LOCATION CODE 000045 5. PROPERTY RECORD # 600094 TRANSFERRING TO OTHER DEPARTMENT? YES o NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 1995 8. DESCRIPTION OF PROPERTY Pressure Cleaner 9. MAKE Hydro 10. MODEL NUMBER 2544 HES 11.SERIAL NUMBER 3M C NO 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk rujir)lk 6-j 2/2/10 DEPARTMENT RWAID OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. / j- INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 2/2/10 r� 1. INVOICE DATE (IF NEW PURCHASE)' 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Tradition Field Sports Complex 4. LOCATION CODE 000045 5. PROPERTY RECORD # 600159 TRANSFERRING TO OTHER DEPARTMENT? YES O NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O NO O 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 1995 8. DESCRIPTION OF PROPERTY Sofa 9. MAKE Steelcase 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk / ( 2/2/10 DEPARTMENT HEAb OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. r4 /t INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT rn REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY rF 1:1 TODAY'S DATE 2/2/10 ca 1. INVOICE DATE (IF NEW PURCHASE) 1-6 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Tradition Field Sports Complex 4. LOCATION CODE 000045 5. PROPERTY RECORD # 600162 TRANSFERRING TO OTHER DEPARTMENT? YES O NO O IF YES, DEPARTMENT NAME 6. DISPOSING OF YES 0 NO O 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 1995 8. DESCRIPTION OF PROPERTY Sofa 9. MAKE Steelcase 10. MODEL NUMBER 11.SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk (L 2/2/10 DEPARTMENT HEAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. . INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 2/2/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Tradition Field Sports Complex 4. LOCATION CODE 000045 5. PROPERTY RECORD # 600171 TRANSFERRING TO OTHER DEPARTMENT? YES © NO O IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O NO O 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 1995 8. DESCRIPTION OF PROPERTY Sofa 9. MAKE Steelcase 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk eT't'� 2/2/10 DEPARTMENT HEAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. I INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 2/2/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Airport 4. LOCATION CODE APAIRP 5. PROPERTY RECORD # 404027 TRANSFERRING TO OTHER DEPARTMENT? YES O NO O IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 24-MAR-1999 8. DESCRIPTION OF PROPERTY AIRCRAFT BAND RADIO 9. MAKE 760 10. MODEL NUMBER 11. SERIAL NUMBER 014550 NO 0 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) JUNK a DEPARTMENT HEAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 2/2/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Airport 4. LOCATION CODE APAIRP 5. PROPERTY RECORD # 303396 TRANSFERRING TO OTHER DEPARTMENT? YES O NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O NO O 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 14-NOV-1988 8. DESCRIPTION OF PROPERTY CAMERA SYSTEM 9. MAKE 10. MODEL NUMBER LCD 1000 11. SERIAL NUMBER 4036-8836922 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) JUNK f _ DEPARTMENT HEAD OR AUTROPIZED PERSON bATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 2/2/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Airport 4. LOCATION CODE APA►RP 5. PROPERTY RECORD # 303343 TRANSFERRING TO OTHER DEPARTMENT? YES O NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O NO O 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 28-SEPT-1984 8. DESCRIPTION OF PROPERTY FIRE EXTINGUISHER, WHEELED 9. MAKE GENERAL 10. MODEL NUMBER TWDC-150F 11. SERIAL NUMBER FG-962125 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) OU .OF SERVICABLE LIFE DEPARTMENT HEAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 2/2/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Airport 4. LOCATION CODE APAIRP 5. PROPERTY RECORD # 303314 TRANSFERRING TO OTHER DEPARTMENT? YES Q NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O NO O 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 14-DEC-1979 8. DESCRIPTION OF PROPERTY RADIO, BASE STATION (OLD STATION 4) 9. MAKE 10.MODEL NUMBER 11. SERIAL NUMBER 280HDY0228 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) JUN D PARTMENT HEA V-AbTTRZMIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ., 5' INTRANET: PURCHASING FORMS:PROPERTY DISPOSITION 'V_ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget/Purchasing SUBJECT: Fixed asset inventory -property record removal ITEM NO. DATE: VI- C2 02/23/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Marie M. Gouin �'��1777 jjj Director l BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital inventory of the St. Lucie County Tax Collector's Office. COMMISSION ACTION: (�) APPROVED () DENIED () OTHER County Attorney Purchasing Approved 5-0 Coordination/Signatures (X) iJ Dan McIntyre ( X) XFJ , Sandra Morando CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Budget Analyst ( ) (Name) (Name) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director pfo� DATE: Febrary 23, 2010 SUBJECT: Fixed asset inventory -property record removal ITEM NO. VI- C2 Background: Per Section 18.4 of the Purchasing Manual, staff is requesting authorization to remove the fixed assets, as listed on the attached Property Disposition Forms (pages 1-15) from the inventory of St. Lucie County Tax Collector's Office. Recommendation: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital inventory of the St. Lucie County Tax Collector's Office. t PROPERTY # I DEPT. I Asset Type 403885 Tax Collector scanner software 403886 " 11 403974 &A it If 406130 11 computers 406131 It 11 406133 406136 406137 406139 " 406140 406143 " 406145 407376 407377 " 407383 406233 406134 407404 406229 " 406147 406142 406129 403748 TC0007 Capitalized software TC0006 If ST. LUCIE COUNTY PURCHASING DEPARTMENT e OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY REPORT �.a TODAY'S DATE 1/22/10? 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 'St. Lucie County Tax Collector 4. LOCATION CODE TCTAXs ............. . 5. PROPERTY RECORD # 403885 TRANSFERRING TO OTHER DEPARTMENT? YES O NO Q _ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED ETC.) 1998 8. DESCRIPTION OF PROPERTY Scanner & Software 9. MAKE Fujitsu 10. MODEL NUMBER M3093DG - -- - 11. SERIAL NUMBER 409 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk, Obs ete ^ 1 /22/10 DEPARTMENT HEAD OR A HORI ED PERSON DATE THIS FORM IS TO BE USED FOR DISPOSED OF OR TRANSFERREDFROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUREMEDLY MPORTWILL ANT OR THOCALL THE VENDOR). E FIXED ASSET RECORDS, THIS INFORMATION IS EXT B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. I INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/22110 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # _ St. Lucie County Tax Collector 4. LOCATION CODE TCVLGN 5. PROPERTY RECORD # 403886 -- - TRANSFERRING TO OTHER DEPARTMENT? YES Q NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO 0 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk, Obsolete 1 /22/10 DEPARTMENT HEAD OR A THOR ZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. r INTRANET:PURCHASING FORM&PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/22/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Tax Collector 4. LOCATION CODE 'TCTAXS 5. PROPERTY RECORD # 403974 & 403974A TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO O IF YES, DEPARTMENT NAME - - - -- 6. DISPOSING OF YES Q NO THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANETTURCHASING FORMSTROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 12/29/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # .St. Lucie County Tax Collector 4. LOCATION CODE TCTAXs 5. PROPERTY RECORD # 406130, 406131, 406133, 406136, 406137, 406139, 406140, 406143, 406145 TRANSFERRING TO OTHER DEPARTMENT? YES Q NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O NO Q 11.SERIAL NUMBER 9J8Y911, BJ8Y911, 1K8Y911, 4K8Y911, 5K8Y911, 7K8Y911, 8K8Y911, DJ8Y911, GJ8Y91 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk01 - 12/29/09 DEPARTMENT HEAD OR AUTHORIZ D PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 12/29/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 'St. Lucie County Tax Collector 4. LOCATION CODE TCTAXs _ 5. PROPERTY RECORD # 407376, 407377, 407383 TRANSFERRING TO OTHER DEPARTMENT? YES o NO O IF YES, DEPARTMENT NAME 6. DISPOSING OF YES NO THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION y I ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 12/29/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) TRANSFERRING TO OTHER DEPARTMENT? IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O NO O YES Q NO O 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk 12/29/09 lie 2' DEPARTMENT HEAD OR AU ORIZ D PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 12/29/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 'St. Lucie County Tax Collector 4. LOCATION CODE TCVLGN 5. PROPERTY RECORD # 406134 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO O IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO O 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk _ __- 12/29/09 DEPARTMENT HEAD OR ALPrHOR14ED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 12/8/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 'St. Lucie County Tax Collector 4. LOCATION CODE TCTAXES 5. PROPERTY RECORD # '407404 TRANSFERRING TO OTHER DEPARTMENT? YES o NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO o 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2004 8. DESCRIPTION OF PROPERTY 24 Port Managed Switch 9. MAKE Foundry Networks 10. MODEL NUMBER 'Fastiron Edge 2402 11. SERIAL NUMBER 'FW29040367 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) (Power Supply bad) Junk 12/8/09 DEPARTMENT HEAD 6R AUT ORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE -INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY r.a TODAY'S DATE 1/21/10 -a 1. INVOICE DATE (IF NEW PURCHASE) un 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Tax Collector 4. LOCATION CODE TCTAXS 5. PROPERTY RECORD # 406229 TRANSFERRING TO OTHER DEPARTMENT? YES O NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) i 2002 8. DESCRIPTION OF PROPERTY Computer 9. MAKE Dell _ 10. MODEL NUMBER 'GX240 11. SERIAL NUMBER .141Hx11 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk, Obsolete 1/21/10 DEPARTMENT HEAD OR AUTH RIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY r.� TODAY'S DATE 1/21/10 .a 1. INVOICE DATE (IF NEW PURCHASE) wl 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Tax Collector 4. LOCATION CODE TCTAXs 5. PROPERTY RECORD # 4os�47 TRANSFERRING TO OTHER DEPARTMENT? IF YES, DEPARTMENT NAME 6. DISPOSING OF YES o NO Q YES O NO 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk, solete 1/21/10 DEPARTMENT HEAD O AUTH RIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/21/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Tax Collector 4. LOCATION CODE 'TCTAXS 5. PROPERTY RECORD # 406142 TRANSFERRING TO OTHER DEPARTMENT? YES o NO Q IF YES, DEPARTMENT NAME YES Q NO Q 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk, Obsolete 1/21/10 DEPARTMENT HEAD OR A THO IZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/21/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 'St. Lucie County Tax Collector 4. LOCATION CODE TCTAXS 5. PROPERTY RECORD #-406129 TRANSFERRING TO OTHER DEPARTMENT? YES © NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES (�) NO O 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk, solete 1/21/10 DEPARTMENT HEAD OR AUTHOKIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY =` TODAY'S DATE 1/21/10 z 1. INVOICE DATE (IF NEW PURCHASE) Ln 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Tax Collector 4. LOCATION CODE TCTAXs 5. PROPERTY RECORD # 7403748 TRANSFERRING TO OTHER DEPARTMENT? YES O NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O NO 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk, Obsolete 1/21/10 DEPARTMENT HEAD OR A THORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/25/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Tax Collector 4. LOCATION CODE TCTAXs 5. PROPERTY RECORD # TC0007 TRANSFERRING TO OTHER DEPARTMENT? YES © NO • IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO O 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk, Obsolete 1 /25/10 --- 2- DEPARTMENT HEAD O AUTH RIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/25/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Tax Collector 4. LOCATION CODE TCVLGN 5. PROPERTY RECORD # Tc000s TRANSFERRING TO OTHER DEPARTMENT? YES O NO O IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO Q 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk, Obsolete 1 /25/10 DEPARTMENT HEAr ZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ITEM NO. VI-C3 r — DATE: 02/23/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Fixed Asset Inventory -Property Record Removal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the Clerk of Circuit Court. COMMISSION ACTION: (4) APPROVED () DENIED () OTHER Approved 5-0 County Attorney ( X ) Coordination/Signatures 0 Dan McIntyre Purchasing ( X) Sandra Morando CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Budget Analyst ( ) (Name) (Name) t c6uwry-" TO: Board of County Commissioners FROM: Marie M. Gouin, Director wA DATE: February 23, 2010 Office of Management & Budget/Purchasing MEMORANDUM SUBJECT: Fixed Asset Inventory -Property Record Removal ITEM NO. VI- C3 Background: Per Section 18.4 of the Purchasing Manual, staff is requesting authorization to remove the fixed assets, as listed on the attached Property Disposition Forms (pages 1-4), from the inventory of the Clerk of Circuit Court. Recommendation: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the Clerk of Circuit Court. IN 403092 407631 407986 407985 Clerk of Circuit Court ASSETS TYPE printer switch printer printer tv ST. LUCIE COUNTY PURCHASING DEPARTMENT 3- REPORT OF ACQUISITION/DISPOSITION OF TRANSFER PROPERTY TODAY'S DATE: 12/04/2009 — 71. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St Lucie County Clerk of Court 201 S. Indian River Dr Information Technology 4. LOCATION CODE: CCDATA 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 1999 7. DESCRIPTION OF PROPERTY: HP Laser Printer 8. MAKE: 9. MODEL NUMBER: 2015dn 10. SERIAL NUMBER: CNBIM08277 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK (DEPARTMENT HEAD OR �HORIZ�EDPER�SON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. U ARE NOT SURE PART OFT E INFORMATION REQUESTED, YOU WILL FO NEED TO CALL THE VENDOR.) INFORMATION IS ANY EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. of PROP . OF MUM CO. HP LJP2015dn SN# CNBJM08277 Warranty Expiration: 12/29/2007 F 403092 A �i r-1 T.. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OF TRANSFER PROPERTY r QD TODAY'S DATE: 02/01/2010 71. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St Lucie County Clerk of Court 201 S. Indian River Drive Information Technoloav 4. LOCATION CODE: CCMAIN 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): #407631 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 7. DESCRIPTION OF PROPERTY: Gigabit Switch 8. MAKE: Dell 9. MODEL NUMBER: 10. SERIAL NUMBER: 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK (DEPARTMENT HEA OR AUTHOR ERSON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. In T PROPERTY OF ST. LUCIE COUNTY, FL. iaa r,a ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OF TRANSFER PROPERTY TODAY'S DATE: 02/01/2010 71. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St Lucie Count' Clerk of Court 201 S. Indian River Drive Information Technology 4. LOCATION CODE: CCMAIN 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): #407986 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 7. DESCRIPTION OF PROPERTY: Printer 8. MAKE: Dell 9. MODEL NUMBER: 491 10. SERIAL NUMBER: 402B2001059 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): (DEPARTMENT HEAD OR A IZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. n PRO.IIIIIINI CO rr1 ST. LUCIE COUNTY PURCHASING DEPARTMENT t*� REPORT OF ACQUISITION/DISPOSITION OF TRANSFER PROPERTY h� TODAY'S DATE: 02/01/2010 71. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St Lucie County Clerk of Court 201 S. Indian River Drive Information Technology 4. LOCATION CODE: CCMAIN 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): #407985 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 7. DESCRIPTION OF PROPERTY: Printer 8. MAKE: Doll 9. MODEL NUMBER: 10. SERIAL NUMBER: 40IB2000461 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): (DEPARTMENAHEAD R A ZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. 1 PROPERTY 0 ST. LUCIE COUNTY, i ' W TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Office of Management & Budget/Purchasing ITEM NO. VI-C4 DATE: 2/23/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: ' Marie M. Gouin ro Director Resolution No. 10-067, Changes to Purchasing Manual — Environmentally Preferred Purchasing BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution No. 10-067, Changes to Purchasing Manual — Environmentally Preferred Purchasing. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (X ) Originating Dept. ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures kk Purchasing Daniel McIntyre (Name) ERD Melissa Simberlund l' (X) Sandra Bogan Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: February 23, 2010 SUBJECT: Resolution No. 10-067, Changes to Purchasing Manual — Environmentally Preferred Purchasing ITEM NO. VI-C4 Background: In January 2008, the Board directed staff to pursue the Florida Green Building Coalition's "Green Local Government" certification to further the County's sustainability goals. As a result, in September 2009, the Board adopted the St. Lucie County Greenprint to cohesively outline its goals and strategies for achieving a sustainable community. One of the goals outlined in the Greenprint was to strengthen green government policies and practices, including adoption of Environmentally Preferred Purchasing (EPP) policies, consistent with price, performance, availability, and safety considerations. EPP is procurement of products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. For example, EPP products can be made with recycled content, have less packaging, are energy efficient, don't create hazardous waste, and/or incorporate other environmentally preferable attributes. Resolution No. 10-067 provides for the inclusion of EPP policies into the St. Lucie County Purchasing Manual and strengthens the County's position for achieving Green Local Government Certification, anticipated for March/April 2010. Recommendation: Board approval of Resolution No. 10-067, Changes to Purchasing Manual — Environmentally Preferred Purchasing. 41 RESOLUTION 10-067 A RESOLUTION BY ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ST. LUCIE COUNTY PURCHASING MANUAL TO INCLUDE ENVIRONMENTALLY PREFERRED PURCHASING WHEREAS, in January 2008, The Board directed staff to pursue the Florida Green Building Coalition's "Green Local Government" certification to further the County's sustainability goals, and WHEREAS, one of the goals outlined in the Greenprint was to strengthen green government policies and practices, including adoption of Environmentally Preferred Purchasing (EPP) policies, consistent with price, performance, availability, and safety considerations; and WHEREAS, EPP is procurement of products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose; NOW THEREFORE BE IT RESOLVED by St. Lucie County, Florida: Section 1. The Board of County Commissioners amends the Purchasing Manual to include EPP as set out in Exhibit A. Section 2. All other sections of the Purchasing Manual shall remain the same. INTRODUCED, PASSED AND ADOPTED THIS THE _ DAY OF , 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FL BY: Chairman ATTEST: Deputy Clerk APPROVAL AS TO FORM: County Attorney • SECTION 2 - GENERAL PURCHASING OVERVIEW 2.1 VALUE OF CENTRALIZED PURCHASING The strength of the Central Purchasing System is its ability to serve the Departments without requiring them to maintain their own internal purchasing process. The Value of Centralized Purchasing has long been recognized in both government and private business. a. Centralized Purchasing promotes economy and efficiency by facilitating accounting and finance control and by enabling quantity purchasing and the standardization of frequently used items. b. Also, Centralized Purchasing facilitates public advertising and competitive bidding by channeling the purchasing process through a specialized Purchasing Division. 2.2 ROLE OF THE PURCHASING DIVISION The role of the Purchasing Division in the purchasing process is to serve the Departments. a. The Purchasing Division is responsible for verifying that the departments have adhered to County Purchasing Policies in locating and ordering goods and services, and more particularly, as follows: 1. Conform to the specifications provided by the Department; 2. Are the lowest reasonable cost; 3. Are available within the time requested by the Department, or as soon as possible; and, 4. Conform to the procedures of a professional and ethical purchasing process. b. The Purchasing Division is also responsible for insuring proper authorization and recording of all purchase transactions by its personnel. 2.3 ROLE OF OPERATING AGENCIES The role of Departments in the purchasing process is to utilize the services of the Purchasing Division. a. Departments are responsible for: 1. Identifying, as soon as possible and sufficiently in advance, their needs for goods and services in their County Operations and Activities. 2. Notifying the Purchasing Division of all purchasing needs, utilizing the proper forms and procedures as described in this manual. 3. Providing clear and precise specifications for each item or service being ordered. 4. Determining that sufficient funds are available in their authorized budgets to pay for each item or service that they order. 5. Inspecting all items or services as delivered, and notifying the Finance Department of the receipt in order to authorize payment to the Vendor. b. Departments shall adhere to proper procedures for all purchase transactions initiated by their personnel. 2.4 ROLE OF THE FINANCE DEPARTMENT The role of the Finance Department, as an agent of the Clerk to the Board, is to serve as the Accountant and Treasurer to the Board of County Commissioners. In the purchasing process, the Finance Department is responsible for: a. Pre -auditing all payment requisitions, prior to disbursement, to determine accuracy, legality, and propriety, and to determine that appropriate policies and procedures have been followed. b. Rejecting any payment requisition for a purchase transaction in which the policies and procedures outlined in this manual have not been followed. C. Disbursing funds for purchase transactions that are legal and proper, and in compliance with all appropriate policies and procedures. d. Recording all disbursements in the County's Accounting Records. 2.5 GENERAL PURCHASING POLICIES The adoption of this Purchasing Manual formalizes the General Purchasing Policies of the Board of County Commissioners, as follows: a. All purchases shall be made by the Purchasing Division, except as otherwise provided hereinafter. b. A County employee acting in a private capacity shall not rent, lease, or sell any realty, goods, or services to the County. A County employee, for the purposes of this section only, shall not include any member of the St. Lucie County Board of County Commissioners. With regard to the receipt of any benefit or profit from any contract or purchase made by the County, the actions of the County Commissioners as well as the Director of Management and Budget or any other County employee having the authority to commit the expenditure of County funds through the issuance of a purchase order shall be governed by Chapter 112, Florida Statutes. C. No County employee shall solicit or accept anything of value to the employee including a gift, loan, reward, promise of future employment, favor, or service based on any understanding that the judgment of the employee would be influenced thereby. d. The Purchasing Division strives to maintain a strong and enduring relationship with vendors of proven ability. To accomplish this, purchasing activities will be conducted so that vendors will value County business and make an effort to meet our requirements on the basis of quality, service, and price. e. The County will buy only from suppliers who have adequate financial strength, high ethical standards, and a record of adhering to specifications, maintaining shipping promises, and giving a full measure of service. New sources of supply shall be given due consideration as multiple sources of supply are necessary to ensure availability of materials. f. All Bidders must be afforded equal opportunities to furnish price quotations and are to compete on equal terms. 9. The Director of Management and Budget shall act as the County Representative on all matters pertaining to Purchasing. 11. The Director of Management and Budget shall not knowingly issue a Purchase Order when there is evidence of a conflict of interest. In instances when a conflict may exist, but its existence is not clearly established, the Director of Management and Budget shall refer the matter to the County Attorney whose opinion shall be final in the absence of any specific action by the Board of County Commissioners. All contracts between the County and any vendor or consultant shall contain the following clause: CONFLICT OF INTEREST The CONTRACTOR represents that it presently has no interest and shall acquire no lb interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes. The CONTRACTOR further represents that no person having any interest shall be employed for said performance. The CONTRACTOR shall promptly notify the COUNTY, in writing, by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the CONTRACTOR'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONTRACTOR may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a Conflict of Interest if entered into by the CONTRACTOR. The COUNTY agrees to notify the CONTRACTOR of its opinion by certified mail within 30 days of receipt of notification by the CONTRACTOR. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a Conflict of Interest by the CONTRACTOR, the COUNTY shall so state in the notification and the CONTRACTOR shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in Conflict of Interest with respect to services provided to the COUNTY by the CONTRACTOR under the terms of this Agreement. i. The County has established a policy that any Professional Consultant that contracts with the COUNTY as an advisor as to the feasibility of any County capital project, shall not be eligible to participate in any future design work on that project that might become necessary as a result of the Consultant's advice. This policy shall be included in any request for proposals requesting advice as to the feasibility of any County Project. The Board of County Commissioners may determine to waive this policy by majority vote if the Board determines that there is a compelling reason to waive the policy. eGUFeFneRt 1. t 2.6 SPECIFIC PURCHASING POLICIES AND PROCEDURES Specific purchasing policies and procedures will vary depending on the type and cost of the item or service being purchased. This manual is organized into a number of sections describing policies and procedures applicable to different purchasing transactions and controls. a. Primary Purchasing Transactions Primary Purchasing Transactions are divided into a number of mutually exclusive categories. These categories are as follows: 1. Petty Cash Purchases - Section 3 2. Outside Purchases - Section 5 3. Construction Contracts - Section 9 4. Professional Services Contracts - Section 10 5. Emergency Purchases - Section 11 6. Travel and Educational Expenses - Section 15 7. Miscellaneous Obligations - Section 16 b. Purchasing Controls Various Purchasing Controls are utilized by the Purchasing Division and Finance Departments and other Central Management Agencies to oversee various purchasing transactions. These controls are as follows: 1. Requisition Procedure - Section 6 2. Vendor Selection - Section 7 3. Professional Services Negotiations — Sections 10.5 4. Contract Procedure — Section 8 5. Purchase Orders - Section 12 6. Receiving - Section 13 7. Payment Procedures - Section 14 2.7 CONFLICT OF INTEREST FEDERALLY -FUNDED GRANT PROJECTS In addition to the provisions of Section 2.5 of this Purchasing Manual, the following standards of conduct apply to all federally supported grant projects: No elected official, employee, or agent of the County shall participate in selection or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent would be involved. Such a conflict would arise when: a. The elected official, employee, or agent b. Any member of his or her immediate family, c. His or her partner, or d. An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected or considered for award. The County's elected officials, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub -agreements. Violations of these standards of conduct may result in disciplinary action as set forth in Section 112.317, Florida Statutes, provided that such disciplinary action does not conflict with the jurisdiction of the State of Florida Commission on Ethics. 2.8 VENDOR REFERENCE REQUESTS From time to time, the County receives requests for references regarding vendors, contractors, and professional services providers with whom the County does business. All such requests are to be handled by the Purchasing Division. In the event an employee receives a verbal request for a reference, the employee should refer the person making the request to the Director of Management and Budget for response. If the request is in writing, the employee should forward the written request to the Director of Management and Budget for response. 2.9 ENVIRONMENTALLY PREFERRED PURCHASING a. The County will seek to increase acquisition and utilization of environmentally preferred products and services consistent with price performance availability and safety considerations Environmentally preferred purchases are products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. b. The County may consider paying a reasonable premium for environmentally preferred products. Such purchasing should be taken into account as early as possible in the planning and decision making process Environmentally preferred purchasing shall be considered in planning and design phases of new construction and renovation proiects including energy conservation green building technologies and Florida - friendly landscaping The County will seek to increase the purchase and use of environmentally preferred office and cleaning supplies and electronic and computer equipment including but not limited to the purchase or lease of duplex printers and copiers consistent with price performance availability and safety considerations. Any vendor contracting with the County is required to purchase products or materials with recycled content when those products or materials are available at reasonable prices within a reasonable period of time unless the products or materials fail to meet reasonable performance standards If the decision was made not to use recycled products the vendor shall provide the County with a written statement indicating the basis for the decision. ITEM NO. VI-D1 AGENDA REQUEST DATE: 2/23/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Sandra Boga SUBMITTED BY: Environmental Resources Department/ Manager Education & Outreach Division SUBJECT: Resolution No. 10-065, Amendment to SLC Greenprint BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 8, 2009 — Adoption of Resolution 09-207 and SLC Greenprint RECOMMENDATION: Board approval of Resolution No. 10-065 to amend Resolution 09-207 and the St. Lucie County Greenprint per Attachments A and B, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: O APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (>() OMB Director Budget Analyst (�-featheF-Doke)Dunro Originating Dept. (K) ERD (") C--I owz' (T onna Johnson) (Marie Gouin) (X ) (Kafefi L. Smith) (See Originating Dept.) r Environmental Resources Department MEMORANDUM TO: Board of County Commissioners THROUGH: Karen L. Smith, Environmental Resources Director ' FROM: Sandra Bogan, Manager (F) Education & Outreach Division DATE: February 23, 2010 SUBJECT: Resolution No. 10-065, Amendment to SLC Greenprint ITEM NO.: Consent Item VI-D1 Background: The purpose of this resolution is to amend Resolution 09-207 (Exhibit 1) and the St. Lucie County Greenprint. In January 2008, the Board directed staff to pursue the Florida Green Building Coalition's "Green Local Government" certification to further the County's sustainability goals. As a result, in September 2009, the Board adopted the St. Lucie County Greenprint that outlines goals and strategies for achieving a sustainable community. Resolution 10-065 amends Resolution 09-207 and the SLC Greenprint per Attachments A and B to further clarify the County's commitment to green cleaning standards, environmentally preferred purchasing, constructing projects to green standards, and expanding green building and development standards to include all nationally recognized and comparable standards as officially 'recognized' by the County. These amendments also work to strengthen St. Lucie County's position for achieving Green Local Government Certification. Recommendation: Board approval of Resolution No. 10-065 to amend Resolution 09-207 and the St. Lucie County Greenprint per Attachments A and B, and authorization for the Chairman to sign documents as approved by the County Attorney. ATTACHMENT A RESOLUTION NO. 10-066 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ADOPTION OF AMENDMENTS TO RESOLUTION 09-207 AND THE ST. LUCIE COUNTY GREENPRINT The Board of County Commissioners of St. Lucie County, Florida, (herein referred to as the "County") has made the following determinations: 1. Whereas, on January 8, 2008, the Board approved application to the Florida Green Building Coalition to become a certified "Green Local Government" to further demonstrate its commitment to sustainable practices; and 2. Whereas, on September 8, 2009, the County adopted Resolution 09-207 revising its mission statement and adopting the St. Lucie County Greenprint; and. 3. Whereas, the St. Lucie County 'Greenprint' defines the County's vision for a sustainable future and outlines the goals, strategies and actions needed to achieve that vision; and 4. Whereas, adopting the following amendments will strengthen the County's sustainability goals and aide in achieving Green Local Government Certification; and 5. Whereas, the St. Lucie County `Greenprint' is an adaptable plan that can be updated to include new goals, strategies and actions as warranted. NOW, .THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: It is declared a matter of public policy to adopt amendments to the St. Lucie County 'Greenprint' as follows: Goal 11.2.a. recognizing the U.S. Green Building Council (USGBC) Leadership in Energy Efficient Design (LEED), Florida Green Building Coalition (FGBC), and -National Association of Home Builders (NAHB), and any other nationally recognized, comparable standard as °green" standards within St. Lucie County; Goal VI1.1. Commit to constructing and renovating County proiects to +nser�erafig-USGBC and/or FGBC green standards. i^ all Gounty bu# ding pFejerts to the eAen4 feasible Goal VI1.2. Adopt Environmentally Preferred Purchasing (EPP) policies and include language in contracts to support this policy, consistent with price, performance, availability and safety considerations' +^ the e-Aent feasible Goal VI1.3. Incorporate green cleaning and green maintenance standards, such as those described by the Florida Department of Environmental Protection, as County policy, consistent with price, performance, availability and safety considerations, and include language in cleaning contracts. , tn the wden4 feasible After motion and second, the vote on this resolution was as follows: Chairman Charles Grande XXX Vice -Chairman Doug Coward XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 23rd day of February, 2010. ATTEST Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney PA r ATTACHMENT B St. Lucie County Greenprint Creating a Roadmap to Sustainability 1.0 Introduction Sustainability is not a new term. In recent years, it has become a common buzzword used in a wide array of forums, meaning everything from total self-reliance to better use of existing commodities. For the purpose of this document, "sustainability" is defined as "meeting the current environmental, social, and economic needs of a community without compromising the ability of future generations to meet these needs." The ultimate goal of adopting sustainable practices is to improve the quality of life and pass on a world that is better for future generations. The concept of sustainability is often illustrated as a three legged stool, with each leg representing a critical element — social equity (people), economic health (prosperity), and environmental stewardship (planet). Collectively, these elements are the foundation of Sustainability and all three must be addressed to have a truly sustainable community. St. Lucie County's vision of a sustainable community is one that conserves, protects and restores natural resources, implements sustainable development and building standards, improves community transportation and mobility, supports energy conservation and clean energy alternatives, develops a green economy, promotes sustainable communities and social equity, and strengthens green government policies and practices. The Greenprint articulates St. Lucie County's vision of sustainability into a plan with clearly defined goals, strategies and actions. The plan is intended to be used as an adaptable guide for future decisions and will be updated as conditions warrant. As a local government, the County plays a crucial role in shaping the future; however, broader community involvement and partnerships are required to create a sustainable community. Therefore, the County will form partnerships with other government agencies, educational institutes, businesses, and citizens to make a lasting difference that moves St. Lucie County toward the goal of a sustainable, renewable community. 2.0 Leadership and Accomplishments to Date St. Lucie County has been a leader in the region for sustainable development for over fifteen years as a result of strong leadership and citizen support. In 1994, 67% of the County's citizens passed a bond referendum to acquire and manage environmentally significant lands. Since that time over 7,000 acres have been purchased and managed to preserve, protect and/or restore native habitats and species. 1 St. Lucie County Greenprint In 1995, the St. Lucie County Economic Development Base Study was completed and a subsequent visioning process resulted in a "Vision St. Lucie" document. The visioning process was a joint effort of government, business and local residents that charted a course for sustainable economic development. The synergy between the education, business and public sectors continues to flourish today. The County has implemented a variety of sustainable land use programs and policies. The 2002 update of the County's Comprehensive Plan incorporated smart growth policies and an economic element to promote a sustainable tax base while protecting against loss of open space and natural systems. More recently, the board implemented a specific model of sustainable development in the North County area, called Towns, Villages and Countrysides (TVC). The process included numerous public meetings and resulted in criteria consistent with smart growth and sustainable development, including transect-based neighborhood planning with grid transportation networks, interconnected greenways and blueways, and low impact development standards. The TVC regulations were approved by the Board of County Commissioners in May 2006. The Board created the Smart Growth Committee and Environmental Advisory Committee to recommend changes to the County's Comprehensive Plan and Land Development Codes consistent with smart growth principles and environmental protection. Over the last few years, these committees have reviewed and made recommendations that foster sustainable practices on a variety of revisions to St. Lucie County's policies and regulations. In 2006, the Board of County Commissioners created an Environmental Resources Department and passed the Sustainability Resolution (06-272), establishing sustainability as a primary goal of the County. The Board also created the Sustainability Ad Hoc Committee, made up of citizens, and government and business representatives, to make policy recommendations on sustainable practices. The Sustainability Advisory Committee reviewed and approved the St. Lucie County Greenprint document. St. Lucie County became the catalyst for sustainability by hosting the Treasure Coast Green Conference in 2007 and 2008. The conference brought together representatives from a six -county area including the development community, state and local government entities, business leaders, and key stakeholders. In January 2008, the Board directed staff to obtain Green Local Government certification through the Florida Green Building Coalition (FGBC). This required a review of operational practices and policies within the County in addition to Comprehensive Plan policies and Land Development Code regulations. The County is currently preparing its application to be submitted to FGBC in September of this year. St. Lucie County adopted a Bicycle, Pedestrian, Greenways & Trails Master Plan in 2008 to develop alternative transportation systems and walkable, people -friendly communities. The County also completed the Evaluation and Appraisal Report, an 18-month evaluation of the Comprehensive Plan, which included numerous recommendations to strengthen the County's regulations in support of sustainable development and resource protection. In addition, the Land Development Code was updated to provide more stringent protection of native trees and other vegetation. The County is rA St. Lucie County Greenprint currently commissioning a comprehensive study of wetlands -to further protect and improve wetland functions. Since 2008, the County has been working with the agricultural industry, landowners, and the public to identify strategies to preserve prime agricultural lands. A study is currently underway to develop a long- term strategy for enhancing agriculture and preserving habitat in western St. Lucie County, including a transfer of development rights program. Another outstanding example of the Board's vision for sustainability is the Treasure Coast Research Park. Situated on 1,650 acres, it is one of the largest research parks in the nation. The park is dedicated to aiding in the economic development of the Treasure Coast by supporting industries invested in innovation and commercialization of scientific research, with a special emphasis on "clean" alternative energies and agricultural biosciences. A neighborhood charrette process is also being initiated to identify land uses and transportation networks needed to support the Research Park. St. Lucie County Government has incorporated sustainability by using industry approved green building standards in new construction. In 2008, the Havert L. Fenn Center was built to U.S. Green Building Council (USGBC) standards. This 62,575 square foot facility serves as a community center throughout the year but is specifically built and equipped to provide shelter from hurricanes for citizens with special needs. In addition, the new 57,000 square foot Clerk of Courts building was constructed to USGBC standards and includes a single -ply membrane roof, movable walls, low flow plumbing fixtures, and raised flooring for higher air conditioning efficiency. The Board created the Office of Sustainability and Business Development in 2009 to assist with county- wide sustainability initiatives, energy conservation strategies, and climate protection program development. The Sustainability/Business Development Coordinator is also responsible for coordinating energy and green technologies with local business, green collar initiatives, and job growth incentives. Finally, in the face of significant stress on its economic foundation and the resulting negative impact on the County's communities and citizens, the Board initiated its own local economic stimulus program. The program is projected to create more than 500 jobs for the local economy. 3.0 Goals, Strategies, and Actions GOAL I: CONSERVE, PROTECT AND RESTORE NATURAL RESOURCES GOAL II: IMPLEMENT SUSTAINABLE DEVELOPMENT AND BUILDING STANDARDS GOAL III: IMPROVE COMMUNITY TRANSPORTATION AND MOBILITY GOAL IV: SUPPORT ENERGY CONSERVATION AND CLEAN ENERGY ALTERNATIVES GOAL V: DEVELOP A SUSTAINABLE GREEN ECONOMY GOAL VI: PROMOTE SUSTAINABLE COMMUNITIES AND SOCIAL EQUITY GOAL VII: STRENGTHEN GREEN GOVERNMENT POLICIES AND PRACTICES 3 St. Lucie County Greenprint GOAL I: CONSERVE, PROTECT AND RESTORE NATURAL RESOURCES Strategies: 1. Continue to amend the Comprehensive Plan and Land Development Code to adopt and/or strengthen policies, regulations, and practices to improve air and water quality, conserve water, energy and other natural resources, protect native species and habitats, and improve ecosystem functions. 2. Continue to support implementation and funding of federal and state environmental conservation and restoration projects, including, but not limited to the Comprehensive Everglades Restoration Plan, Indian River Lagoon South Plan, Indian River Lagoon Aquatic Preserve, Indian River Lagoon Comprehensive Conservation and Management Plan, Lake Okeechobee and St. Lucie Estuary Watershed Protection Plans, North Fork St. Lucie Aquatic Preserve Management Plan, and Coastal Zone protection projects. 3. Protect, preserve and restore sensitive ecosystems and habitats by investigating the feasibility of a Regional Habitat Conservation Plan with the Florida Fish and Wildlife Conservation Commission and surrounding Counties. 4. Continue to acquire, preserve, protect and restore environmentally sensitive lands. 5. Promote waste reduction and explore ways to: a. support the State of Florida's goal to recycle 75% of waste by 2020; b. reduce or offset greenhouse gas emissions from the landfill; c. reduce commercial and residential waste; d. make recycling easier and more efficient for all residents and businesses; e. facilitate safe disposal of hazardous materials by businesses and residents; f. explore alternative methods of waste disposal and storage; and g. conduct a public education campaign to encourage higher participation inrecycling and proper disposal of hazardous materials. 6. Improve water quality, manage water quantity, and protect potable water sources by: a. promoting reuse water for landscape irrigation where available; b. exploring the use of pervious surfaces as an alternative to impervious surfaces; c. supporting programs that eliminate reliance on wells and septic systems near water bodies; and d. supporting "green" golf course standards. 7. Improve air quality by: a. investigating ways to reduce air pollution from County facilities and vehicles; b. supporting tree planting and preservation initiatives; and c. supporting green businesses that meet or exceed air quality standards. 4 St. Lucie County Greenprint GOAL II: IMPLEMENT SUSTAINABLE DEVELOPMENT AND COMMUNITY STANDARDS Strategies: 1. Continue to amend the Comprehensive Plan and Land Development Code such that each element reflects a goal of sustainable development, removes impediments to sustainable practices, and includes recommendations from the Regional Strategic Policy Plan and the Committee for a Sustainable Treasure Coast Report. 2. Encourage and support Green Building and Development Standards by: a. recognizing the U.S. Green Building Council (USGBC) Leadership in Energy Efficient Design (LEED), Florida Green Building Coalition (FGBC), afd-National Association of Home Builders' (NAHB), and any other nationally recognized comparable standard as "green" standards within St. Lucie County; b. implementing green development and building standards, as feasible; c. encouraging the incorporation of green building technology in housing; and d. encouraging Brownfield redevelopment and urban infill projects. 3. Continue to explore the use of innovative sustainable land planning tools which discourage urban sprawl, protect native habitat, utilize alternative transportation approaches, and create open space parks. 4. Support state efforts to revise the building code and/or energy code to require greater efficiencies. GOAL III: IMPROVE COMMUNITY TRANSPORTATION AND MOBILITY Strategies: 1. Support the expansion of public transportation, mass transit and multimodal transportation centers by: a. considering amendments to the Comprehensive Plan and Land Development Code to strengthen goals and regulations and remove impediments; b. exploring the potential to enhance the `Transportation Demand Management" program; c. encouraging neighborhood design that provides access and mobility needs of the young, the elderly, people with disabilities, and low-income residents; d. encouraging innovative approaches to meet transportation needs associated with accessing jobs, educational services, and health care; e. exploring street design standards such as "Street Design Guidelines for Healthy Neighborhoods" as described by Walkable Communities Inc.; f. increasing the number of sidewalks, bicycle trails, multi -use trails, and on -road bicycle lanes to encourage alternative forms of mobility and reduce vehicles on the road; and g. supporting the expansion of public -transportation systems on a regional and statewide basis. 5 St. Lucie County Greenprint 1 II GOAL IV: SUPPORT ENERGY CONSERVATION AND CLEAN ENERGY ALTERNATIVES Strategies: 1. Audit and implement, as feasible, strategies to reduce energy consumption in County facilities. 2. Evaluate the implementation of solar purchase partnership agreements, performance contracting, shared savings, and similar programs to reduce the County's energy costs. 3. Explore opportunities to provide incentives or creative financing programs that result in increased energy efficiency and/or use of alternative energy in residential homes and commercial buildings. 4. Incorporate energy conservation and green technology into affordable housing programs. 5. Encourage the State legislature to implement a Renewable Energy Portfolio Standard and Renewable Energy Credit program. 6. Support research, development and production of alternative fuel sources (biomass) in the County. GOAL V: DEVELOP A SUSTAINABLE GREEN ECONOMY Strategies: 1. Encourage local businesses and industries to adopt sustainable standards and practices by: a. promoting expansion and diversification of sustainable or green businesses and industries, as appropriate; and b. supporting the implementation of agricultural best management practices, certified organic production methods, and agricultural biosciences. 2. Define sustainable businesses and industries to be targeted for economic incentives; 3. Consider the Comprehensive Economic Development Strategy (CEDS) of the Treasure Coast Regional Planning Council and partner with the economic development efforts of surrounding or adjacent cities and counties, as feasible. 4. Support the creation of training opportunities in green collar jobs, including apprenticeship and pre - apprenticeship programs. 5. Continue to support the development of the Treasure Coast Research Park with a focus on research, development, and manufacturing of green technology and clean industries. GOAL VI: PROMOTE SUSTAINABLE COMMUNITIES AND SOCIAL EQUITY Strategies: 0 St. Lucie County Greenprint 1. Continue and enhance efforts to coordinate sustainability initiatives with surrounding counties and cities. 2. Support mechanisms to encourage the redevelopment and revitalization of disadvantaged neighborhoods and underutilized commercial districts. 3. Continue programs which fund rehabilitation or reconstruction of poor quality housing. 4. Monitor the availability of affordable housing units, workforce housing, and rehabilitation of substandard housing using sustainable building methods and practices. 5. Continue efforts to demolish dangerous structures in neighborhoods. 6. Continue sustainability education that increases knowledge and raises community awareness and involvement by: a. promoting or providing educational programs on alternative energy and energy conservation, water conservation, low impact landscapes, green building and green development, recycling and waste reduction, and environmentally preferred purchasing; and b. expanding networks and partnerships to enhance opportunities for community education and involvement in sustainable practices. 7. Support programs that help residents connect to "green living" by: a. encouraging the establishment of community gardens, community supported agriculture, local Farmers' Markets, and farm -to -school programs; b. facilitating appropriate public access to natural areas; and c. providing public information about County parks, preserves, and program opportunities. 8. Enhance community connections and involvement by: a. promoting volunteer opportunities; b. encouraging community -initiated events and programs; and c. expanding the broadcast area of St. Lucie County TV. GOAL VII: STRENGTHEN GREEN GOVERNMENT POLICIES AND PRACTICES Strategies: 1. Commit to and renovating all County projects to USGBC and/or FGBC green standards. in all r,,, Rty bUildiRg p eets to the e„+e..+ fe-,_Cihle 2. Adopt Environmentally Preferred Purchasing (EPP) policies and include language in contracts to support this policy, consistent with price, performance, availability, and safety considerations. to the extent feasilak 7 St. Lucie County Greenprint G 3. Incorporate green cleaning and green maintenance standards, such as those described by the Florida Department of Environmental Protection, as County policy, consistent 26ith price, performance availability, and safety considerations, and include language in cleaning contracts, to tt; + + fe- s;t,ie 4. Incorporate Florida -Friendly Landscaping' principles, Best Management Practices (BMP), and Integrated Pest Management methodologies, or similar/greater standards for all County -owned and maintained properties, ensuring appropriate staff is trained, and including indicative language in landscape maintenance contracts to support this policy. 5. Promote or provide educational opportunities to County employees and elected officials on sustainable planning, economics, and operations. 6. Reduce and monitor St. Lucie County waste by: a. establishing policies and practices, such as duplex printer procurement and double -sided printing; b. exploring a policy for green event practices for county meetings, workshops and events, to the extent feasible; and c. requiring all County facilities have a recycling program in place. 8 St. Lucie County Greenprint ITEM NO. VI-D2 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST DATE: 2/23/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY - Sandra Bogan Environmental Resources Department/ Manager Education & Outreach Division Second Amendment to Building Green Generations, Inc. contract See attached memorandum. 001-7912-534000-765 March 17, 2009 — Board approval to award contract October 27, 2009 — Board approval of first amendment to contract RECOMMENDATION: Board approval of the second amendment to contract # C09-03-089 for a no -cost time extension as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by County Attorney. COMMISSION ACTION: (X) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sig natures County Attorney (X) OMB Director Budget Analyst Originating Dept. (X) L ERD (kar&h L. Smith) ( x) (T onna Johnson) (Marie Gouin) (() (See Originating Dept.) Environmental Resources Department MEMORANDUM TO: Board of County Commissioners THROUGH: Karen L. Smith, Environmental Resources Director FROM: Sandra Bogan, Manager 6D Education & Outreach Division DATE: February 23, 2010 SUBJECT: Second Amendment to Building Green Generations, Inc. contract ITEM NO.: Consent Item VI-D2 Background: On March 17, 2009, Building Green Generations, Inc. was awarded the contract to provide services associated with achieving green local government certification through the Florida Green Building Coalition (FGBC). The application and required documentation was submitted to FGBC on September 15, 2009. FGBC submitted its first review analysis on November 23, 2009 requesting further clarification on several items. In a phone conference with FGBC on January 8, 2010, additional actions / clarifications were required for Gold Level certification. These actions, including SLC Greenprint amendments, purchasing manual changes, webpage updates, and further documentation of SLC's sustainability initiatives, are in the process of being completed. Staff expects certification to be awarded in March or April of this year. Therefore, the second amendment to contract #C09-03-089 will extend the completion date to April 30, 2010. Recommendation: Board approval of the second amendment to contract # C09-03-089 for a no -cost time extension as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by County Attorney. AGENDA REQUEST ITEM NO. VI -el DATE: 02/23/10 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: William Hoeffner SUBMITTED BY: Grants / Disaster Recovery Director SUBJECT: Silver Line Plastics — Job Growth Incentive Grant BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-5215-582000-500 County Job Incentive PREVIOUS ACTION: December 8, 2009; BOCC approval of Letter of Intent RECOMMENDATION: Board approval of a Job Growth Incentive Grant of $72,600 to Silver Line Plastics, Inc. and authorization for the Chairman to sign grant contract documents as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) psry Budget Analyst P - Dai iel McIntyre Marie Gouin y - wy Sophia Holt Originating Dept. ( ) Wilfiam Hoeffner ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: William Hoeffner, Grants/Disaster Recovery Director DATE: February 23, 2010 SUBJECT: Silver Line Plastics — Job Growth Incentive Grant ITEM NO. VI-K1 Background: Silver Line Plastics is a plastic extruding company which has purchased the land and building of a prior plastic extruding company that had closed. The property is located on Enterprise Road in an area in close proximity to the County's Public Works site on Edwards Road and Oleander Boulevard. Silver Line has completed a capital investment for building improvements and equipment of $4,558,741 during 2009. Silver Line intends to make additional capital improvements of $175,000 in 2010 and $400,000 in 2011. It is therefore anticipated that their capital investment for building improvements and equipment will total $5,133,741. Silver Line currently has 24 employees and projects having 36 employees during 2011 and 44 employees during 2012. Silver Line also projects paying an average hourly wage of $16.40 during 2010 and an average annual wage of $16.72 or higher during 2011 and thereafter. St. Lucie County's average wage hourly wage is $16.39. The Board of County Commissioners, in an informal meeting on October 27, 2009, recommended offering Silver Line Plastics an ad valorem tax abatement and a Job Growth Incentive Grant (JGIG) contingent upon Silver Line paying an average salary equal to or greater than the County's average hourly wage. On December 8, 2009, the Board authorized the County Administrator to send a Letter of Intent to offer Silver Line Plastics an ad valorem tax abatement phased over six year with an estimated value of $146,250 and a JGIG of $72,600 phased over three years. The Letter of Intent has been issued and Silver Line Plastics responded with a request for the JGIG grant. It is anticipated they will submit an application for the ad valorem tax abatement when their capital improvements are completed. RECOMMENDATION: Board approval of a Job Growth Incentive Grant of $72,600 to Silver Line Plastics, Inc. and authorization for the Chairman to sign grant contract documents as prepared by the County Attorney. V AGENDA REQUEST ITEM NO. VI-E2 DATE: 02/23/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: William Hoeffner4w SUBMITTED BY: Grants / Disaster Recovery Director SUBJECT: Harbor Branch Preserve — SFWMD Grant Contract Amendment BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 317201-3920-561000-3120 Harbor Branch Preserve PREVIOUS ACTION: September 16, 2008; BOCC approval of grant application submittal. February 10, 2009; BOCC approval of grant acceptance. RECOMMENDATION: Board approval of an amendment to a grant contract with the South Florida Water Management District for the Harbor Branch Preserve project extending the time period of the contract to July 5, 2010. COMMISSION ACTION: CONCURRENCE: (�c) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator �'�/C, oordination/Sis�natures County Attorney ( ) —! OMB Director ( ) ems` Budget Analyst Daniel McIntyre Z10 ouin Robert O'Sullivan Originating Dept. ( ) iam Hoeffner ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: William Hoeffner, Grants/Disaster Recovery Director Ov, DATE: February 23, 2010 SUBJECT: Harbor Branch Preserve — SFWMD Grant Contract Amendment ITEM NO. VI-E2 Background: The Harbor Branch Preserve involves the acquisition of 123 acres for conservation. The land is currently owned by Harbor Branch Oceanographic Institute Foundation and is located in close proximity to the Florida Atlantic University Harbor Branch campus. Due to the fact that this acquisition involves not only the lands being acquired for conservation, but also Florida Atlantic University Harbor Branch campus lands; acquisition is being managed by the Florida Division of State Lands. Acquisition has been delayed due to the complexity of the acquisition. It is anticipated acquisition should be completed within the next month. A grant in the amount of $574,600 has been received from the South Florida Water Management District (SFWMD) for the acquisition. The contract for this grant is due to expire on March 5, 2010. It is unlikely reports for the grant can be completed by the contract date. An amendment is being offered by the SFWMD to extend the contract to July 5, 2010. RECOMMENDATION: Board approval of an amendment to a grant contract with the South Florida Water Management District for the Harbor Branch Preserve project extending the time period of the contract to July 5, 2010. SOUTH RORIDA WATER MANAGEMENT DISTRICT Overnight Delivery 7983 8209 2111 February 11, 2010 Mr. William Hoeffner St. Lucie County Grants 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Hoeffner: Subject: Contract # 4600001709-01 GRANTS RESOURCE/ DISASTER RECOVERY FEB 16 2010 ST LUCIE COUNTY FLORIDA Enclosed please find two (2) copies of the above referenced document stamped "Original'. Please have both documents executed by an individual with signature authority on behalf of your organization and return both originals to my attention within two (2) working weeks. If applicable, and not previously submitted, a Certificate of Insurance reflecting the required coverage(s) as well as documentation to demonstrate official delegation of signature authority up to the contract monetary limits should also be provided with the executed documents. Any delays in the return of the documents may jeopardize the availability of funding. A fully executed original will be returned to you for your files upon execution by the South Florida Water Management District (District). Your cooperation and timely response will be greatly appreciated. Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Should there be any questions, or if you require any additional information, please do not hesitate to contact me. Sincerely, !r�4< Patrick Wiener Senior Contract Specialist Procurement Department pwiener@sfwmd.gov (561) 682-6220 FAX: (561) 681-6275 PW/kr Enclosure c: Kathy LaMartina, MSC 2370 3301 Gun Club Road, West Palm Beach, Florida 33406 - (561) 686-8800 - FL WATS 1-800-432-2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 - www.sfwmd.gov ORIGINAL 0- SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4600001709-A01 AMENDMENT NO. 01 TO CONTRACT NO.4600001709 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND ST LUCIE COUNTY BOARD OF COUNTY COMMISIONERS This AMENDMENT NO. 01, entered into on to that CONTRACT dated March 6, 2009 between "the Parties," the South Florida Water Management District (DISTRICT), and St Lucie County (COUNTY). WITNESSETH THAT: WHEREAS, the CONTRACT may be amended with the prior written approval of the parties; and WHEREAS, the parties wish to amend the CONTRACT in order to extend the period of performance and amend the Payment and Deliverable Schedule; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. The term of the CONTRACT is hereby extended by One Hundred and Twenty (120) days and the expiration date, as amended, is July 5, 2010. Regardless of the actual date of execution, this AMENDMENT NO. 01 shall be effective on March 5, 2010. 2. This AMENDMENT NO. 01 shall be at no additional cost to the DISTRICT. 3. The Payment & Deliverable Schedule is also hereby revised in accordance with Exhibit "B 1 ", attached hereto and made a part of this AMENDMENT NO. 01. Amendment No. 01 to No 4600001709- -- Page 1 of 2 EXHIBIT "Bl" PAYMENT AND DELIVERY SCHEDULE 4600001709-A01 TASK DELIVERABLE SCHEDULE (time from contract execution DISTRICT PAYMENT Task 1: Land Acquisition One copy of the due diligence studies, executed sales contracts and copy of the deeds July 2010 $574,600 Total District -Payment $574,600 ITEM NO. VI-F j — DATE: 02/23/10 . t AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY, Jessica Parris SUBMITTED BY: Community Services/Housing Division Housing ag SUBJECT: Subrecipient Agreement with Fort Pierce Housing Autho BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001512-6420-549605-600 Neighborhood Stabilization Program (NSP) PREVIOUS ACTION: March 10, 2009 — Permission to apply for NSP grant. August 11, 2009 — Acceptance of NSP grant. RECOMMENDATION: Board approval of the Subrecipient Agreement with FPHA for the management of rental properties under the NSP program, and authorization for the Chairman to sign the documents as approved by the County Attorney. COMMISSION ACTION: (7$ APPROVED ( ) OTHER Approved 5-0 County Attorney ( ) Originating Dept. ( ) CONCURRENCE: ( ) DENIED Faye W. Outlaw, MPA County Administrator Coordination/Signatures '% =tc of" Daniel S. McIntyre Beth Ryder OMB Director ( ) Budget Analyst``" .� ie Gouin Sophia Holt C OuNTY `. L Q R t D A TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manager DATE: February 23, 2010 Community Services MEMORANDUM SUBJECT: Subrecipient Agreement with Fort Pierce Housing Authority (FPHA) ITEM NO. VI — F4 Background: The NSP program was authorized by the US Housing and Economic Recovery Act of 2008. The NSP funds are to be used to acquire, rehabilitate, demolish and redevelop foreclosed and abandoned properties in order to help stabilize neighborhoods. On December 1, 2008, the Florida Department of Community Affairs (DCA) announced the funding allocations for NSP; St. Lucie County was allocated $3,984,601. A required 25 percent (25%) of the allocation, $840,041, must be used for rental housing for residents with incomes at or below 50 percent (50%) of the Area Median Income. Staff is recommending entering into a subrecipient agreement with FPHA to manage rental properties. Under the subrecipient agreement, St. Lucie County will be responsible for purchasing and contracting for the rehabilitation work on the rental properties. In accordance with grant guidelines, once the rehabilitation is complete, ownership will be transferred to FPHA for management of the properties for no less than 15 years and after that the rental restriction will be lifted. Recommendation Board approval of the Subrecipient Agreement with FPHA for the management of rental properties under the NSP program, and authorization for the Chairman to sign the documents as approved by the County Attorney. Attachment: Subrecipient Agreement SUBRECIPIENT AGREEMENT AGREEMENT BETWEEN ST. LUCIE COUNTY AND FORT PIERCE HOUSING AUTHORITY FOR THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) THIS AGREEMENT, entered this day of , 2010 by and between St. Lucie County, a political subdivision of the State of Florida (hereinafter called the "Grantee"), and the Fort Pierce Housing Authority (herein called the "Recipient"). WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE a. Activities The Subrecipient will be responsible for administering a portion of the NSP program in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include the following activity eligible under the NSP program: Program Delivery Activity #5 Acquisition/Rehabilitation of homes for lease to individuals with income less than 50% AMI General Administration The Subrecipient will be responsible for all aspects of property management. b. National Objective All activities funded with NSP funds must meet one of the NSP program's National Objectives: benefit low -and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The Subrecipient certifies that the activity carried out under this Agreement will meet the LMI National Objective. This National Objective will be met through providing assistance to individuals at or below 50% AMI. c. Performance Monitoring The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will continue noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a [City, State, ZIP] 34982 [City, State, ZIP] 34950 [Telephone] (772) 462-1400 [Telephone] (772) 429-6444 [Fax Number] [Fax Number] (772) 429-6407 VI. SPECIAL CONDITIONS Any units acquired under the NSP Activity #5, is required to maintain affordability for a minimum of 15 years. VII. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds otherwise available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Worker's Compensation The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Instructions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; 6. Audits & Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in withholding future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with the current Grantee policy concerning Subrecipient audits and OMB Circular A-133. C. Reporting and Payment Procedures 1. Program Income The Subrecipient shall report [insert frequency of reports, e.g., "monthly"] all program income (as defined at 24 CFR 570.500 (a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. 2. Indirect Costs If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Program Income The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, the Grantee reserves the right to current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire this equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 170, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Ant -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation assistance to displaced persons as defined by CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. X. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Subrecipient agrees to comply with [fill in local and state civil rights ordinances here] and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age of Discrimination Act of 1975, executive Order 11063, and Executive Order 11246 a amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activitv The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards "The work performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD Programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon finding that the subcontractor is in violation of regulations issued by the grantor agency. The The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 5. Lobbying The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form- LLL, " Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subwards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: that all owners, prospective owners, and tenants of properties constructed prior to 1978 by properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or that are included on a Federal, state, or local historic property list. XII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XIII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise the terms of this Agreement. XIV. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XV. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect this Agreement. SUBRECIPIENT AGREEMENT CHECKLIST The recommended provisions for a written Agreement between grantees and subrecipients (subgrantees) include the following provisions (irrespective of activity): 1. National Objective Compliance/Eligibility 2. Scope of Work 3. Time of Performance 4. Personnel Assigned to Scope of Work 5. Levels of Performance 6. Budget 7. Project Schedule/Milestones 8. Compensation and Method of Payment 9. Program Income 10. Record -Keeping Requirements 11. Reporting Requirements 12. Public Access to Program Records 13. Record Retention 14. Grant Closeout Procedures 15. Uniform Administrative and Program Management Standards 16. Use and Reversion of Assets 17. Real Property 18. Other Program Requirements 19. Suspension and Termination 20. Compliance with Laws/Regulations 21. Antidiscrimination/Affirmative Action and Equal Employment Opportunity 22. Financial Management 23. Audits 24. Religious and Lobbying Activities 25. Budget Modifications 26. Monitoring 27. Conflict of Interest 28. Procurement Standards and Methods 29. Environmental Issues The format and specific language of each Agreement could vary substantially, depending on the legal requirements of each state. ITEM NO. VI-F: j, - — - - DATE: 02/23/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -ID ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BYE, Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Ma ge SUBJECT: Contract Cancellation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 185010-5420-549600-500 FY08/09 SHIP 185010-5420-549601-500 FY08/09 SHIP 185011-5420-549601-500 FY09/10 SHIP 189100-6420-549600-600 FY07 HOME 189101-6420-549600-600 FY08 HOME 189102-6420-549600-600 FY 09 HOME 001512-6420-549605-600 NSP PREVIOUS ACTION: January 6, 2009 — Permission to advertise RFP. June 23, 2009 — Award of RFP to Consumer Credit Management Services (CCMS). RECOMMENDATION: Board approval to cancel contract C09-08-288 with CCMS and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: �) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) - -10 Budget Analyst Daniel S. McIntyre �i;' ►brie Gouin Sophia Holt Originating Dept. ( ) Beth Ryder 7COUNTS �� TO: Board of County Commissiopers THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manager DATE: February 23, 2010 SUBJECT: Contract Cancellation ITEM NO. VI — F5 Background: Community Services MEMORANDUM For 14 years, St. Lucie County Community Services has administered State and Federal funding for housing related activities. It is a requirement of all down payment assistance applicants to attend a homebuyer education course prior to receiving assistance. Historically, St. Lucie County has contracted with a US Department of Housing and Urban Development (HUD) certified agency to provide these services. On August 1, 2009, the County contracted with Consumer Credit Management Services (CCMS) in the amount not to exceed $10,000 to provide housing counseling services. In order to effectively serve the residents of the County, HUD certified counseling agency in the following areas: • Homebuyer Education; • Pre -purchase Counseling; • Post -purchase Counseling; • Money/debt Management; • Fair housing Assistance; • Mortgage Delinquency; and • Renter Assistance/Section 8 and public housing. Community Services has applied to become a St. Lucie County's Housing Counseling Plan outlines the activities listed above, and the process for delivering these services. On November 20, 2009, an application was submitted to HUD. The final step in receiving approval is to cancel any current contracts for services the County may have. Once the contract with CCMS is cancelled, the County will become a HUD Certified Counseling Agency. As a HUD certified counselor, the County will be eligible for additional grants to support counseling activities, and the services will be provided by current staff. Recommendation Board approval to cancel contract C09-08-288 with CCMS and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Contract C09-08-288 CONTRACT THIS CONTRACT, made this 1st day of august , 2009, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and the CONSUMER CREDIT MANAGEMENT SERVICES, INC., a Florida non-profit corporation, their successors, executors, administrators, and assigns hereinafter called the "Contractor" and whose address is 315 N.E. Second Avenue, Delray Beach, Florida 33444. WITNESSETH: DESCRIPTION OF WORK It is agreed that the work to be done under this Contract is to provide home buyer education and housing counseling services to St. Lucie County Housing Division applicants and as set forth in the Scope of Work attached hereto and incorporated herein as Exhibit "A". 2. PROJECT MANAGER The Project Manager for the County is Beth Ryder, Community Services Director at (772) 462-1777. The Project Manager for the Contractor is John C. Gormley, Ill, at (561) 454-5622. 3. TERM The term of this Contract shall begin on August 1, 2009 and shall continue through and including September 30, 2010, unless otherwise terminated as provided in Paragraph 9. The term of this Contract may be extended upon written consent of the parties. 4. CONTRACT PAYMENT The County shall pay the Contractor for services rendered in accordance with the terms and conditions of this Contract, the total amount not to exceed of ten thousand and 00/100 dollars ($10,000.00), based upon the Fee Schedule attached hereto and incorporated herein as Exhibit "B". The Contractor shall submit periodic requests for payment for services rendered pursuant to this Contract. Payment shall be made no later than thirty (30) days after the request for payment is accepted by the County Project Manager. 5. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. M:INEIGHBORHOOD STABILIZATION PROGRAMINSPSTIUCIEICCMS Qf CONTRACT REV 7-28-N.DOCX A 6. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. 7. INDEMNIFICATION: INSURANCE The Contractor covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, Agents, and Volunteers and indemnify the County, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, attorney's fees, and liability of every kind and nature whatsoever arising out of or in any way connected or arising out of the performance of this Contract to the extent of the insurance requirements set forth herein. The Contractor hereby acknowledges that the payments made under this Contract include specific consideration for the indemnification provided herein. 8. INSURANCE The Contractor shall procure and maintain during the life of this Contract insurance of the types and subject to the limits set forth below. The Contractor shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be _subject to the County's approval for adequacy. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub -contractors are used by the contractor, it shall be the responsibility of the contractor to ensure that all its subcontractors comply with all insurance requirements contained herein relating to such subcontractors. All insurance companies providing insurance under this Contract shall be licensed and authorized to do business in the State of Florida. These companies shall have a general policy holders rating of A or better and a financial rating of X or better according to the latest edition of Best's Key Rating Guide, published by A.M. Best Company. Any deductibles or self insured retention must be declared to and approved by the County. At the option of the County, either the insurer shall reduce or eliminate such deductibles or self insured retention with respect to the County, its elected and appointed officials, employees, volunteers and agents, or the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: Workers' Compensation: The Contractor shall provide and maintain during the life of this contract, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. Commercial General Liability: WNEIGHBORHOOD STABILIZATION PROGRAMNSPSTLUCIE\CCMS O2CONTRACT REV 7-28-09.DOCX The Contractor shall provide and maintain during the life of this Contract, at his, its or their own expense, Commercial General Liability Insurance on an occurrence basis for a minimum combined single limit of $1,000,000.00 per occurrence, for claims of bodily injury including death, property damage and personal injury. The coverages of Owners and Contractors Protective, Contractual Liability and the coverage of XCU shall be included. Commercial Auto Liabilitv: The Contractor shall provide and maintain during the life of the Contract, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $100,000.00 combined single limit. 9. DEFAULT: TERMINATION Either party may terminate the Contract without cause at any time upon ten (10) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Contractor for all authorized work performed through the termination date. 10. ATTORNEYS' FEES AND COSTS In the event the Contractor defaults in the performance of any of the terms, covenants and conditions of this Contract, the Contractor agrees to pay all damages and costs incurred by the County, including reasonable attomeys' fees. 11. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any persons for firm without first obtaining the County's written approval. 12. NON -WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 13. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractors judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The M:WEIGHBORHOOD STABILIZATION PROGRAMWSPSTLUCIEICCMS 09 CONTRACT REV 7-2".DOCX County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 14. MEDIATION in the event of a dispute between the parties in connection with this Contract, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 15. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has signed his, its, or their Ite; mr; , the date aforesaid. BOARD OF COUNTY COMMISSIONERS "!=� " _ -'" O ST. LUCI COUNTY, FLORIDA WITNESSES: s;,r_ _ = G t Y: CHAIR ATTEST: APPROVED AS TO FORM AND CORRECTNESS: . COUNTY ATTORNEY CONSUMER CREDIT MANAGEMENT SERVICES, INC. KNNEIGHBORHOOD STABILIZATION PROGRAWNSPSTLUCIEICCMS %CONTRACT REV 7-28-09.DOCX ' BY: Y114e SECRETARY PRESID Joh Gormley EAL) WNEIGHBORHOOD STABILIZATION PROGRAAALNSPSTLUCIEICCMS CRCONTRACT REV 7-28-09.DOCX EXHIBIT "A" SCOPE OF SERVICES 1. The Contractor will provide individual financial counseling at one of its locations most accessible for the participant family. 2. The Contractor will coordinate and facilitate a total of 13 homebuyer workshops sponsored by the County. WNEIGHBORHOOD STABILIZATION PROGRAM\NSPSTLUCIE\CCMS Oil CONTRACT REV 7-28-09.DOCX EXHIBIT "B" FEE SCHEDULE Six (6) Hour Homebuyer Workshop $50.00 per person Two (2) hour individual Follow-up Appointment $50.00 KNEIGH80RHOOD STABILIZATION PROGRAMINSPSTLUCIEICCMS IEONTRACT REV 7-28-09.DOCX EXHIBIT "B" FEE SCHEDULE Six (6) Hour Homebuyer Workshop $50.00 per person Two (2) hour individual Follow-up Appointment $50.00 WNEIGHBORHOOD STABILIZATION PROGRAMNSPSTLUCIEICCMS OtCONTRACT REV 7-28-09.DOCX CM6UNTY r E LQ R t D F TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Community Services/Housing Division Award of Housing Rehabilitation Bids See attached memorandum. VI-F3 02/23/10 PUBLIC HEARING ( ) LEG. ( ) QUASWD� ( ) CONSENT (X) PRESENTED BY: Jessica Parris Housing Ma age 189102-6420-549600-600 HOME Consortium 2009 PREVIOUS ACTION: March 14, 2006 - Approved application for funding through the HOME program. June 6, 2006 - Approved the formation of the St. Lucie County HOME Consortium. November 20, 2007 — FY 07 HOME Agreement approved. November 25, 2008 — FY 08 HOME Agreement approved. November 24, 2009 — FY 09 HOME Agreement approved. RECOMMENDATION: Board approval to award bids for four rehabilitation projects under the HOME program, and authorization for the Chairman to sign document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (�Q APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) { oj-" Budget Analyst Danie S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) r Purchasing Beth Ryder Desiree Cimino CQUTY N >� c a R t D TO: Board of County Commissioners Community Services MEMORANDUM THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manag DATE: February 23, 2010 np SUBJECT: Award of Housing Rehabilitation Bids ITEM NO. VI — F3 Background: HOME is the largest Federal block grant provided to State and local governments designed exclusively to create affordable housing for low-income households. Each year approximately $2 billion is allocated among the States and hundreds of localities nationwide. The St. Lucie County HOME Consortium is comprised of Indian River, Martin and St. Lucie Counties. St. Lucie County was designated as the lead entity by all members in 2006. A total of $714,720 has been allocated to the consortium and will be divided per the US Department of Housing and Urban Development (HUD): • St. Lucie County - $267,913; • Martin County - $142,158; and • Indian River County - $136,690. The FY 09 Action Plan calls for these funds to be utilized for rehabilitation of owner occupied home and down payment assistance to first time homebuyers. Staff is recommending award to the following contractors: • ITB 1 to Neal Long Construction located in Okeechobee County, for $62,800. • ITB 2 to Neal Long Construction located in Okeechobee County, for $59,600. • ITB 3 to Neal Long Construction located in Okeechobee County, for $53,400. • ITB 4 to Neal Long Construction located in Okeechobee County, for $54,450. All the above bids have incorporated green, energy efficient products, including Energy Star appliances, solar hot water heaters, low flow faucets and Low-E impact windows. Recommendation Board approval to award bids for four rehabilitation projects under the HOME program, and authorization for the Chairman to sign document as approved by the County Attorney. Attachment- Bid Tabulation r St. Lucie County HOME Consortium Bid Opening January 29th at 3pm Contractor Bid #1 DENISE HURLEY Bid #2 BEULAH ANDERSON Bid #3 BERTHA DAYE Bid #4 BOBBY KLECKLEY Grande Construction of FL, Inc. $64,825.00 $64,550.00 $63,525.00 $68,675.00 Neal Long Construction Company $62,800.00 $59,600.00 $53,400.00 $54,450.00 Summit Construction $0.00 $0.00 $0.00 $0.00 Southeast Contracting Services $0.00 $0.00 $0.00 $0.00 AGENDA REQUEST ITEM NO. VI-G I DATE: 2/23/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. AQD SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: Mitigation Credits BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds will transferred from Midway Road (S. 2e- Turnpike) Transportation Trust/impact Fees to 101006-4116-563000-41002 - S. Jenkins Rd. Infrastructure. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to purchase 5.2 additional Mitigation Credits from the Bluefield Mitigation Bank in the amount of $154,000 and authorize the Chairman to sign the agreements as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (x) APPROVED ( ) DENIED _ ( ) OTHER Faye W. Outlaw, MPA County Administrator Approved 5-0 Coordination/Signatures County Attorney (x) OMB Director (A) Daniel McIntyre Marie Gouin Originating Dept. ( x ) V'' Don Id West Mitigation Credits.ag County Engineer (x) WP Michael Powley 3." G// COUNTY.011K IT, Engineering Division . . MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer DATE: February 23, 2010 SUBJECT: Mitigation Credits ITEM NO. VI-G Background: The County constructed the Midway Road and the Glades Cut-off Road widening improvements and the South Jenkins Road extension north of Glades Cut-off Road to the Wal-Mart Distribution Center in 2004. Upon the recommendation of our design consultants, the County purchased mitigation credits for the Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) at the Bluefield Mitigation Bank (BMB). All credits required of SFWMD permits have been purchased and subsequently the permit requirements have been satisfied and closed out. We have recently learned that insufficient credits were purchased to satisfy the ACOE requirements. We have contacted the Bluefield Mitigation Bank advising them of our situation, and they have agreed to sell us additional credits (5.2 for both projects) at the 2003 prices. To be clear, the prices of these credits have substantially increased in the ensuing years and current prices would require payment of $432,000 for this same amount. Please see the attached email from Mr. David McIntosh regarding current prices (Attachment A). The agreements (Attachment B) with BMB to purchase credits at the 2003 prices mean that the County has suffered no loss from the omission. It is as if we purchased them at the outset. 2.7 Herbaceous Wetland credits at $20,000 each for a total of $54,000 to satisfy ACOE permit 2002-7927. 2.5 Forested Wetland credits at $40,000 each for a total of $100,000 to satisfy ACOE permit 2003-2875. Previous Action: May 20, 2003 - Wetlands Mitigation Credit Reservation and Sales Agreement relative to the South Jenkins Road extension. June 3, 2003 - Wetlands Mitigation Credit Reservation and Sales Agreement for the intersection of Midway and Glades Cut-off Roads. Recommendation: Board authorization to purchase 5.2 additional Mitigation Credits from the Bluefield Mitigation Bank in the amount of $154,000 and authorize the Chairman to sign the agreements as approved by the County Attorney. Dave McIntosh ATTACHMENT A From: Dave McIntosh [davemci@bellsouth.net] Sent: Monday, February 01, 201012:03 PM To: 'Craig Hauschild' Subject: Federal mitigation credits for two County projects Attachments: BRMB_Sales_SLC_South Jenkins & Glades Cutoff_ACOE add -on Contract02-01-2010.pdf; BRMB_Sales_SLC_Midway & Glades_ACOE add -on C_ontract_02-01-2010. pdf Hi, Craig: At your request, I've attached, in pdf format, two separate contracts for the purchase of wetland mitigation credits to satisfy the requirements of the US Army Corps of Engineers, as described below: • 2.7 herbaceous credits for Midway/Glades at a total price of $54,000; and 2.5 forested credits for South Jenkins/Glades Cutoff at a total price of $100,000. For your convenience, I've also sent two originally signed versions of each contract by FedEx for arrival tomorrow morning at your office. I ask that you return to me one executed copy of each and I've included an addressed and stamped envelope for that purpose. At top -of -the -market prices, these credits would sell for a combined $520,000. Even at today's ballpark market price, they'd sell for some $432,000. By offering these credits to the County at our prices that we offered in 2002 and 2003, we are delivering to the County taxpayers some $278,000 to $376,000 in price concessions. We do that in recognition of our long-standing relationship with the County and so that the taxpayers are burdened no more today than they would have been if the Corps' requirements had been known by you and satisfied then. You've advised me that the Board of County Commissioners will likely take up the approval of these contracts by the end of this month. Thus, I've provided that payment is due no later than March 15. And in response to my concern that our contractual pricing concessions not be considered on a piece -meal basis (and, instead, that these contracts be executed simultaneously), you've advised me that, subject to the authority and decision of the BoCC, the contracts will, in fact, be presented, recommended for approval, considered and approved together. Please call or write with any questions you may have. All the best to you and your colleagues, Dave David McIntosh, Trustee Bluefield Ranch Mitigation Bank 901 North Olive Avenue West Palm Beach, FL 33401 P (561) 355-3900; F (561) 659-9811 C (561) 346-4072; davemcicW-bellsouth.net A TACTIMENT•- B We ands Mitigation Credit Reservation and Sales Agreement This Agreement is between Bluefield Ranch Mitigation Bank ("BRMB") and St. Lucie County, Florida ("Buyer"). WHEREAS, Buyer undertook a project in 2003 known as Midway and Glades Intersection, Jenkins Road Project, in St. Lucie County, Florida; and WHEREAS, BRMB sold to Buyer 2.7 wetland mitigation credits that satisfied the requirements of the South Florida Water Management District and concurrently offered to Buyer the option to purchase 2.7 wetland mitigation credits, at BRMB's then -current pricing for credits that applied to state and federal permits, in order to satisfy any requirements of the US Army Corps of Engineers ("ACOE") permit; and WHEREAS, ACOE provided a condition to Buyer's ACOE Permit # 200207927 (IP-JES) that Buyer purchase 2.7 federal herbaceous wetland mitigation credits; and WHEREAS, BRMB will honor its pricing quote of 2003 to Buyer in recognition of BRMB's long-standing relationship with Buyer; and WHEREAS, BRMB is a mitigation bank with herbaceous wetland mitigation credits available for sale in accordance with BRMB's ACOE Permit # 200002935 (IP-TA); and NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein and good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, it is agreed: 1. That BRMB hereby agrees to sell to Buyer and Buyer hereby agrees to purchase from BRMB two and seven -tenths (2.7) freshwater herbaceous credits applicable to the Buyer's ACOE Permit, for Buyer's exclusive use only at the above -mentioned project, under the terms and conditions contained herein. 2. That Buyer shall pay to BRMB fifty-four thousand dollars ($54,000) no later than March 15, 2010. 3. That, upon receipt of the full purchase price of $54,000, BRMB shall promptly notify ACOE that the credits were purchased and will instruct ACOE to withdraw those credits from BRMB's ledger of credits and to transfer those credits to Buyer's ACOE Permit. 4. That the 2.7 credits shall be conveyed by BRMB to Buyer free and clear of any and all liens, encumbrances and restrictions. 5. That Buyer shall not sell or otherwise transfer the credits without the written consent of BRMB. 6. That Buyer is responsible for, and will pay, any applicable state sales tax, documentary stamps or other costs or taxes associated with the transfer of these credits under laws now in effect or later enacted which would apply to this transaction. BRMB is responsible for its own income taxes, if any, associated with this transaction. 7. That, if any suit or action shall be instituted to enforce or to interpret this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party all costs and reasonable attorneys' fees and costs incurred in any trial, post judgement or appellate proceedings. Venue for any such action shall be in St. Lucie County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement below. SELLER Blue field anc Miti ation Bank CI.U. c David McIntosh, Trustee Bluefield Ranch Mitigation Bank Trust Date BUYER St. Lucie County, Florida Authorized signature Printed/typed name Title Date Wetlands Mitigation Credit Reservation and Sales Agreement This Agreement is between Bluefield Ranch Mitigation Bank ("BRMB") and St. Lucie County, Florida ("Buyer"). WHEREAS, Buyer undertook a project in 2003 in St. Lucie County, Florida, commonly known as South Jenkins Road and Glades Cut-off Shoulder Improvements; and WHEREAS, Buyer has been advised by the US Army Corps of Engineers ("ACOE") that Buyer is required to provide additional forested wetland mitigation for the wetland impacts at the site of its above -referenced project; and WHEREAS, ACOE will accept from Buyer as sufficient mitigation for Buyer's wetland impacts the purchase of 2.5 forested mitigation credits from BRMB; and WHEREAS, BRMB will honor its pricing quote of 2003 to Buyer in recognition of BRMB's long-standing relationship with Buyer; and WHEREAS, BRMB is a mitigation bank with forested wetland mitigation credits available for sale in accordance with BRMB's ACOE Permit # 200002935 (IP-TA); and NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein and good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, it is agreed: 1. That BRMB hereby agrees to sell to Buyer and Buyer hereby agrees to purchase from BRMB two and five -tenths (2.5) freshwater forested credits applicable to the Buyer's ACOE Permit, for Buyer's exclusive use only at the above -mentioned project, under the terms and conditions contained herein. 2. That Buyer shall pay to BRMB one hundred thousand dollars ($100,000) no later than March 15, 2010. 3. That, upon receipt of the full purchase price of $100,000, BRMB shall promptly notify ACOE that the credits were purchased and will instruct ACOE to withdraw those credits from BRMB's ledger of credits and to transfer those credits to Buyer's ACOE Permit. 4. That the 2.5 credits shall be conveyed by BRMB to Buyer free and clear of any and all liens, encumbrances and restrictions. 5. That Buyer shall not sell or otherwise transfer the credits without the written consent of BRMB. 6. That Buyer is responsible for, and will pay, any applicable state sales tax, documentary stamps or other costs or taxes associated with the transfer of these credits under laws now in effect or later enacted which would apply to this transaction. BRMB is responsible for its own income taxes, if any, associated with this transaction. 7. That, if any suit or action shall be instituted to enforce or to interpret this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party all costs and reasonable attorneys' fees and costs incurred in any trial, post judgement or appellate proceedings. Venue for any such action shall be in St. Lucie County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement below: SELLER Blu a Ranch Mitigation Bank David'Mcintoslh, Trustee Bluefield Ranch Mitigation Bank Trust Date 4 BUYER St. Lucie County, Florida Authorized signature Printed/typed name Title Date AGENDA REQUEST ITEM NO. VI-G2 DATE: 02/23/2010 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Barbara Guettler SUBMITTED BY: Public Works - Engineering MSBU Assistant SUBJECT: North Lennard Road 1, 2, and 3 Municipal Service Benefit Units (MSBUs) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Restrictive Covenant Agreements for the North Lennard Road 1, 2, and 3 MSBUs as outlined in the agenda memorandum. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (X) L jt/. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Daniel McIntyre Originating Dept. ( X) AiW - Do Id West Marie Gouin County Engineer (X) Al VP Michael Powley Department Name MEMORANDUM TO: Board of County Commissioners THROUGH: Donald B. West, Public Works Directorr�$qx ' FROM: Barbara Guettler, MSBU Assistant Engineering DATE: February 23, 2010 SUBJECT: North Lennard Road 1, 2, and 3 Municipal Service Benefit Units (MSBUs) ITEM NO. VI-D2 Background: On June 6, 2000, the Board created the North Lennard Road 1 (paving and drainage), North Lennard Road 2 (potable water), and North Lennard Road 3 (wastewater) MSBUs to fund the cost of providing the improvements within each boundary. Before the final design was complete, property owners were given the option to file a Restrictive Covenant Agreement if they did not intend to develop their property to the maximum extent per zoning regulations. By filing this agreement the property owner is reserving less capacity in each system; thereby, lowering their assessment amount. The Restrictive Covenant Agreements, as listed below, were reflected in the Preliminary Assessment Roll approved by the Board on February 2, 2010. Subsequent to the Board approval, staff will record the Restrictive Covenant Agreements with the clerk of the court. Max Reserved _� . o.•...n.*.. flu ner Units Units r01%'19 w 341450106040002 -r- -r - Pattie J Kane 137 1 341450106120001 Raymond N Roddy 40 1 341450106140005 Michael Provencher & Deborah S Kane 9 1 341450107030006 George & Geraldine Stonebraker 40 1 341450107040003 William K Bessemer 48 1 341450107060007 Peter & Donna M Lapi 26 1 341450107060100 Christina M Lapi 22 1 341450107070004 Daniel P Stocks 7 1 341450107071005 Daniel P Stocks 7 1 341450107072006 Stan L & Amy K Swiezy 7 1 341450107072501 Roman A & Catherine E Swiezy 14 1 341450106070003 Linda E Henson 40 1 341450106150002 Dent Properties Lic 89 2 r February 23, 2010 Item No. VI-D2 Page 2 Previous Action: June 6, 2000 — Board created the North Lennard Road 1, 2, and 3 MSBUs. February 2, 2010 — Board approved the preliminary assessment rolls. February 2, 2010 — Board authorized the issuance of bonds for the improvements. Recommendation: Board approval of the Restrictive Covenant Agreements for the North Lennard Road 1, 2, and 3 MSBUs as outlined in the agenda memorandum. ITEM NO. VI-H — DATE: 02/23/10 ICOUNTY • . AGENDA REQUEST REGULAR ( ) INVESTMENT FOR THE FUTURE PUBLIC HEARING ( ) LEG. ( ) QUASI ID ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLam —�pV-k- Assistant Director SUBMITTED BY: Central Services SUBJECT: Award of Bid No. 10-008 — Rock Road Correction Facility Chiller Addition BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1931-546200-1527 Rock Road Jail Maintenance Project 001-1931-546200-15010 Old Courthouse Maintenance Project PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 10-088 to Grimes/Three G's and authorize the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( x) Dan McIntyre Originating Dept. ( x) i Roger A. Shinn H \ AGENDA - 353 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Purchasing (x) d'v rA*, Marie Gouin Robert� O'Sullivan (x) (Desiree Cimino) COUNTY F L O R I D A Central Services MEMORANDUM TO: Board of County Commissioners THROUGH: Roger A. Shinn, Directo�i/o' FROM: Don McLam, Assistant Direc or Q� Central Services DATE: February 23, 2010 SUBJECT: Award of Bid No. 10-008 — Rock Road Correction Facility Chiller Addition ITEM NO. VI-H Background: The Invitation to B (ITB) went out November 22, 2009 for Bid No. 10-008, Rock Road Correction Facility Chiller Addition. This project involves installation of one of the two 215 ton chiller units salvaged from the old downtown chiller plant before demolition. This chiller unit will be installed as a third chiller at the Rock Road Facility and will provide redundancy should the need arise. Bids were due February 3, 2010. Per Demandstar.com, 241 companies were notified, 41 bid documents distributed and five bids received (Attachment 1). Grimes/Three G's of Fort Pierce (St. Lucie County) was the lowest bidder at $76,500. Recommendation: Board approval to award Bid No. 10-008 to Grimes/Three G's and authorize the Chairman to sign documents as approved by the County Attorney. BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - BID #10-008 ATTACHMENT 7 PURCHASING DEPARTMENT ROCK ROAD CORRECTION FACILITY CHILLER ADDITION OPENED: February 03, 2010 AT 2:00 PM FIVE (5) submittals were received for subject proposal: Total Bid Price PrcimtWTHREE G'S 054 N. U.S. 1, Fort Pierce, FL 34946 el: 772-461-8711 $ 76,500.00 ax: 772-461-8722 711 VistaParkway,B-14, West Palm Beach, FL 33411 el: 561-683-3148 $ 76,582.00 ax: 561-683-3150 969 SW 42ND Ave., Palm City, FL 34990 el: 772-419-2800 $ 80,590.00 ax: 772-419-2830 3927 Westgate Ave., West Palm Beach, FL 33409 Tel: 561-689-7344 $ 84,131.00 Fax: 561-640-4081 559 SW 21 Ave., Ft. Lauderdale, FL 33312 el: 954-923-1654 $ 129,137.00 ax: 954-874-4380 Number of companies notified*: 241 Number of bid documents distributed*: 41 Number of bids received: 5 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, Distri County Administrator— FAYE W. OUTLAW, MPA ct No. 5 2300 Virginia Avenue — Fort Pierce, FL 34982-5652 — Phone (772) 462-1700 — TDD (772) 462-1428 website: www.co.st-lucie.fl.us VI -I TO: SUBMITTED BY: SUBJECT: BAC(GROUND: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Information Technology 2/23/2010 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: William Martin Security Administ Google Message Discovery (Postini) Software Support Contract See attached memorandum. FUNDS AVAILABLE: 001-1955-534110 Information Technology PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the iz ntract for Commercium a t tion fora Chairman to sign do Technology, n the amount of nz $29,463.75 and authorization as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED �) OTHER Approved 5.0 County Attorney ( ) Originating Dept. ( CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coo rdinationlSig natu res OMB Director Budget Analyst J,ee Purchasing Marie Gouin Robert O'Sullivan ( ) Ael- ((M Simberlund) Information Technology MEMORANDUM TO: Board of County Commissioners THROUGH: Dennis Wetzel, Director Information Technology FROM: William Martin, Security Adminis for Information Technology DATE: February 23, 2010 SUBJECT: Google Message Discovery (Postini) Software Support Contract ITEM NO. VI -I Background: Google Message Discovery, "Postini", is a service used by the county to help protect email from viruses, spam and malware. Postini also provides email retention for the county to meet Florida Sunshine laws for public retention. Postini is a managed service which allows the county the best possible return on investment. They allow a user interface through your web -browser for the user to manage their own spam filtering. I.T. is given an admin interface to administer all users and to setup global filtering for all users. Archiving is provided to all users with unlimited space for storage and the ability to review all your email. Administrators are given rights to view all users. I use this to assist Katherine McKenzie -Smith with Public records requests. I use the criteria given and pull the records requested, then provide it to her for her review. In the past the County purchased Postini through Acuity Solutions who maintained a Florida State contract number, "973-561-06-01 ". We first purchased Postini in the FY07/08 budget year. That was for email security. The next budget year 08/09 we added email archive to comply with public retention laws. This will be our fourth year with Postini. Commercium Technology, Inc., "CTI", is our VAR through Postini. CTI went through Acuity Solutions to use their Florida State contract number. Last year Acuity Solutions was bought out by Fishnet Security. Due to extensive management changes we thought it best to have CTI setup a contract directly with St. Lucie County. The contract has been run through purchasing and approved by the County Attorney, we are now requesting board approval. Previous Action: Florida State Contract #973-561-06-01 Recommendation: Board approval of the contract for Commercium Technology, Inc. in the amount of $29,463.75 and Boa pP roved b the County Attorney. authorization for the Chairman to sign documents as approved Y h11llcllujIlc I5 - 11111C11L111ICllt GV kLJ Jllllt7 LVV7) / li111011L1111CI1LJ / 1111V1111C111... 11LLp.//LAl1J.1nyll VI Il1Q.GV11L VUJ1110JJ_VPr,1 aL1V11D/JLaIC; W Vll0.J111r/ vca V1 ... Rate this Contract View Survey Results Amendment 20 (23 June 2009 June 23, 2009 MEMORANDUM NO.: (973-561-06-01) -20 TO: Department Addressed / User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 973-561-06-01 Amendment 20 TITLE: Information Technology Consulting Services Vendor Assumption of Responsibilities Effective immediately, FishNet Security is assuming all contractual responsibilities of contract (#973-561-06-1) listed above, from Acuity Solutions. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. 02/16/2010 Information Technology Consulting Services - EXPIRED • Contract Summary • Other - Consulting Services Survey • Price Sheets - Index Award • Contractors • Amendments o Amendments - Amendment 20 (23 June 2009) o Amendments - Admendment 19 (22 June 2009) o Amendments - Amendment 18 (6 April 2009) o Amendments - Amendment 17 (15 January 2009) o Amendments - Amendment 16 (4 November 08) o Amendments - Amendment 15 (29 July 2008) o Amendments - Amendment 14 (15 May 2008) o Amendments - Amendment 13 (14 April 2008) I of 2/ 16/2010 11:10 AM /-11.lclluLlG �'w' 11111GllU1llG ltl GV kGJ JLLL1G GVv7) / 11111G11u111c11W / lltiv1111au... 11LLIJ.// U110AL1y LLVL 1LLa.%,uui/VUJ L1lGJJ_V}1G10.Uviw/JLaLI.�/w �.1ICLJ lLI� •""""`•" o o o o o o Amendments Amendment 12 Amendments Amendment 11 Amendments - Amendment 10 Amendments - Amendment 9 (15 Amendments - Amendment 8 (12 Amendments Amendment 7 (27 (28 March 08) (07 September 07 ( 7 May 07 March 07 March 07 February 07 o Amendments Amendment 6 (21 February 07 o Amendments - Amendment 5 (19 January 07 o Amendments - Amendment 4 (19 January 07 o Amendments Amendment 3 (18 October 06 o Amendments Amendment 2 (28 September 06 o Amendments Amendment 1 (28 September 06 1 t Contract -Microsoft Word • Comp e e • Complete Contract - IT Consulting Services Conpleted Tasks - Vendor Form • Complete Contract - PDF • MyFloridaMarketPlace Users Return to State Contracts, Agreements and Price Lists Terms and Conditions I Privacy Statement I Accessibility I Copyright ©2010 Department of Management Services - State of Florida 2/ 16/2010 11:10 AM 2 of C l '� Go Google Apps Services Contract Commercium Technology Inc., an authorized Google partner ("Reseller") will provide to St. Lucie County, Florida ("Customer') each service specified in the Attachment A Order Form. Within ten (10) business days of the date on which this services contract ("Contract") is signed by both parties, the Services will be provisioned for Customer, unless otherwise agreed to by the parties, and Customer shall thereafter be able to complete the process for activating Customer's account. The right to modify the Services is hereby reserved, at no additional cost to Customer, with the objective of providing Customer with equal or enhanced Services. The Google Apps Agreement consists of the Google Apps General Terms and the Message and Collaboration service specific terms. Google Apps General Terms 1. Services. 1.1 Generally. Google will provide the Services to Customer during the Term of this Agreement. Google will provide Customer with a password and an Admin Account to use for6administering the End User Accounts, and other relevant features of the Service, if applicable. Customer may use the Services to: (a) provide End User Accounts to its End Users; and (b) administer End User Accounts through the Admin Console. 1.2 Facilities. All facilities used to store and process Customer Data will adhere to reasonable security standards no less protective than the security standards at facilities where Google stores and processes its own information of a similar type. Google has implemented at least industry standard systems and procedures to ensure the security and confidentiality of Customer Data, protect against anticipated threats or hazards to the security or integrity of Customer Data, and protect against unauthorized access to or use of Customer Data. 1.3 Modifications. a. To the Services. Google may make commercially reasonable modifications to the Service, or particular components of the Service, from time to time. Google will use commercially reasonable efforts to notify Customer of any such changes. b. To Applicable Terms. If Google makes a material change to the URL Terms, then Google will notify Customer by either sending an email to the Notification Email Address or alerting Customer via the Admin Console. If the change has a material adverse impact on Customer and Customer does not agree to the change, Customer must so notify Google via the Help Center within thirty days after receiving notice of the change. If Customer notifies Google as required, then Customer will remain governed by the terms in effect immediately prior to the change until the end of the then -current term for the affected Services. If the affected Services are renewed, they will be renewed under Google's then current URL Terms. cti Go,c)81e 1.4 Customer Domain Name Ownership. Prior to providing the Services, Google may verify that Customer owns or controls the Customer Domain Names. If Customer does not own, or control, the Customer Domain Names, then Google will have no obligation to provide Customer with the Services. 1.5 Privacy Policies. Google will comply with the Privacy Policy and the Privacy Notice. Changes to the Privacy Policy and the Privacy Notice will be made as stated in the applicable policy. 2. Customer Obligations. 2.1 Compliance with the Agreement. Customer is responsible for ensuring that it and its End Users use the Services in accordance with the Acceptable Use Policy and the Agreement. Googl-e may make additional applications, features or functionality available from time to time through the Service, the use of which may be contingent upon Customer's agreement to additional terms. Customer agrees that its use of the APIs or the Domain Service is subject to its compliance with the API Terms of Use, or Domain Service Terms, as applicable. 2.2 Aliases. Customer is solely responsible for monitoring, responding to, and otherwise processing emails sent to the "abuse" and "postmaster" aliases for Customer Domain Names. Google reserves the right to be copied on emails sent to these aliases for Customer Domain Names. 2.3 Customer Administration of the Services. Customer may specify one or more Administrators through the Admin Console who will have the rights to access the Admin Account and to administer the End User Accounts. Customer is responsible for: (a) maintaining the confidentiality of the password and Admin Account; (b) designating those of its employees who are authorized to access the Admin Account; and (c) ensuring that all activities that occur in connection with the Admin Account comply with the Agreement. Customer agrees that Google's responsibilities do not extend to the internal management or administration of Customer's electronic messaging system or messages and that Google is merely a data -processor. 2.4 Privacy. Customer agrees to protect the privacy rights of its End Users under all applicable laws and regulations. Customer's Administrators may have the ability to access, monitor, use, or disclose data available to End Users within the End User Accounts. Customer will obtain and maintain consent from all End Users to Customer's access, monitoring, use or disclosure of this data, and to Google providing Customer with the ability to do so. Customer is responsible for obtaining any necessary authorizations from End Users to enable Google to provide the Services. 2.5 Unauthorized Use. Customer will use all commercially reasonable efforts to prevent unauthorized use of the Service, and to terminate any unauthorized use. Customer will promptly notify Google of any unauthorized use of, or access to, the Services of which it becomes aware. 3. Payment. 3.1 Payment. All Fees are due days from the invoice date. All payments due are in U.S. dollars unless otherwise indicated in a Quote. Payments made via wire transfer must include the following instructions: cti Bank Name: Bank of America ABA Number: 021200339 Account Number: 9403944402 Rumson, New Jersey USA Commercium Technology, Inc. Go-c)81e- 3.2 Delinquent Payments. Customer will be responsible for all reasonable expenses '(including attorneys' fees) incurred by Google in collecting delinquent amounts, except where such delinquent amounts are due to Google's billing inaccuracies. 3.3 Purchase Orders. a. Required. If Customer wants a Purchase Order number on its invoice, Customer will inform Google and issue a Purchase Order to Google. If Customer requires a Purchase Order, and fails to provide the Purchase Order to Google, then Google will not be obligated to provide the Services until the Purchase Order has been received by Google. Any terms and conditions on a Purchase Order do not apply to this Agreement and are null and void. b. Not Required. If Customer does not require a Purchase Order number to be included on the invoice, Customer will provide Google a waiver of the Purchase Order requirement, which may be an email to this effect. If Customer waives the Purchase Order requirement, then: (a) Google will invoice Customer without a Purchase Order; and (b) Customer agrees to pay invoices without a Purchase Order. 4. Technical Support Services. 4.1 By Customer. Customer will, at its own expense, respond to questions and complaints from End Users or third parties relating to Customer's or End Users' use of the Service. Customer will use commercially reasonable efforts to resolve support issues brought to its attention on its own, without escalation to Google. 4.2 By Google. If Customer cannot resolve a support issue, then Customer may escalate the issue to Google in accordance with the applicable TSS Guidelines. Google will respond in accordance with the applicable TSS Guidelines. 5. Suspension. 5.1 Of End User Accounts By Customer. If Customer becomes aware of an End User's violation of the Agreement, unless Google agrees otherwise in writing (including by email), Customer may Suspend the applicable End User Account. The duration of any Suspension will be until the applicable End User cures the breach giving rise to such Suspension. Customer may Suspend its End Users for its own reasons. 5-.2 Of End User Accounts by Google. If Customer fails to Suspend an End User.,. Account pursuant to Section 5.1 above, then Google may specifically request that Customer do so. If Customer fails to comply with Google's request to Suspend an Gaste- C I End User Account, then Google reserves the right to do so. The duration of any Suspension by Google will be until Google is reasonably satisfied that the applicable End User has cured the breach which caused the Suspension. 5.3 Of the Services by Google. If: (i) Customer materially violates this Agreement; (ii) Google provides Customer with commercially reasonable notice of this violation (which may be by email to the Notification Email Address); (iii) Google uses commercially reasonable efforts to discuss and resolve the violation with Customer; and (iv) despite the foregoing, the violation is not resolved to Google's reasonable satisfaction, then Google reserves the right to Suspend administrative access to the Service, or to particular components of the Service. If, after all of the foregoing, Customer still has not cured a violation within thirty days of the commencement of a suspension under this Section, then Google may immediately terminate the Services for cause. 5.4 Emergency Security Issues. Notwithstanding the foregoing, if there is an Emergency Security Issue, then Google may automatically Suspend the offending use. Suspension will be to the minimum extent required, and of the minimum duration, to prevent or terminate the Emergency Security Issue. If Google Suspends an End User Account for any reason without prior notice to Customer, at Customer's request, Google will provide Customer the reason for the Suspension as soon as is reasonably possible. 6. Confidential Information. 6.1 Obligations. To the extent allowed by law, each party will: (a) protect the other party's Confidential Information with the same standard of care it uses to protect its own Confidential Information; and (b) not disclose the Confidential Information, except to affiliates, employees and agents who need to know it and who have agreed in writing to keep it confidential. Each party (and any affiliates, employees and agents to whom it has disclosed Confidential Information) may use Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to protect it. Each party is responsible for any actions of its affiliates, employees and agents in violation of this Section. 6.2 Exceptions. Confidential Information does not include information that: (a) the recipient of the Confidential Information already knew; (b) becomes public through no fault of the recipient; (c) was independently developed by the recipient; or (d) was rightfully given to the recipient by another party. 6.3 Required Disclosure. Each party may disclose the other party's Confidential Information when required by law but only after it, if legally permissible: (a) uses commercially reasonable efforts to notify the other party; and (b) gives the other party the chance to challenge the disclosure. 7. Intellectual Property Rights; Brand Features. 7.1 Intellectual Property Rights. Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to.the other's content or any of the other's intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data, and` Google owns all Intellectual Property Rights in the Services. . 7.2 Display of Brand Features. Google may display only those Customer Brand Features authorized by Customer, and only within designated areas of the Service cti Pages. Customer may specify the nature of this use using the Admin Console. Google may also display Google Brand Features on the Service Pages to indicate that the Services are provided by Google. If Customer wants to display Google Brand Features in connection with the Services, Customer will comply with the Trademark Guidelines. 7.3 Brand Features Limitation. Each party may use the other party's Brand Features only as permitted in this Agreement. Any use of a party's brand features will inure to the benefit of the party holding intellectual property rights to those Brand Features. A party may revoke the other party's right to use its Brand Features pursuant to this Agreement with written notice to the other and a reasonable period to stop the use. 8. Restrictions on Use. Unless Google specifically agrees in writing, Customer will not, and will use commercially reasonable efforts to make sure a third party does not: (a) alter the Service Pages; (b) alter information transmitted through the Services to End Users (except as required to comply with the terms of this Agreement or commercially reasonable internal policies of Customer); (c) share content or documentation provided by Google to Customer as a part of Google's provision of the Services with any third party; (d) except as expressly authorized in the Agreement, sell, resell, Pease, or the functional equivalent, the Services to a third party; (e) attempt to reverse engineer the Services or any component of the Services; (f) attempt to create a substitute or similar service through use of, or access to, the Services; or (g) use the Services for High Risk Activities. 9. Publicity. Customer hereby consents to Google's inclusion of Customer's name in a customer list, but only if Customer is not the only customer appearing on the list. Other than this, neither party may make any public statement regarding the relationship contemplated by this Agreement without the other party's prior written consent. 10. Representations and Disclaimers. 10.1 Representations. Each party represents that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with all laws and regulations applicable to its provision, or use, of the Services, as applicable. Google warrants that it will provide the Services in accordance with the applicable SLA. 10.2 Disclaimers. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, NEITHER PARTY MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. GOOGLE MAKES NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE SERVICE. THE SERVICE IS NEITHER DESIGNED NOR INTENDED FOR HIGH RISK ACTIVITIES. CUSTOMER ACKNOWLEDGES THAT THE SERVICES ARE NOT A TELEPHONY SERVICE AND THAT THE SERVICES ARE NOT CAPABLE OF PLACING OR RECEIVING ANY CALLS, INCLUDING EMERGENCY SERVICES CALLS, OVER PUBLICLY SWITCHED TELEPHONE NETWORKS. 11. Termination. 11,..1 Termination for Breach. Either party may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement cti Go�,�le and fails to cure that breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches. Either party may terminate this agreement without cause no less than 30 days in advance of the annual renewal date. The annual contract automatically renews for a subsequent 12 month term unless terminated in writing on the terms noted in this paragraph. 11.2 Effects of Termination. If this Agreement terminates, then: (i) the rights granted by one party to the other will cease immediately; (ii) Google will provide Customer access to, and the ability to export, the Customer Data for a commercially reasonable period of time at Google's then -current rates for the applicable Service; (iii) after a commercially reasonable period of time, Google will delete Customer Data pursuant to the Google Apps Privacy Notice; and (iv) upon request each party will promptly return or destroy all other Confidential Information of the other party. 12. Indemnification. 12.1 By Customer. To the extent allowed by law, customer will indemnify, defend, and hold harmless Google from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim: (i) regarding Customer Data or Customer Domain Names; (ii) that Customer Brand Features infringe or misappropriate any patent, copyright, trade secret or trademark of a third party; or (iii) regarding Customer's, or its End Users', use of the Services in violation of the Agreement. 12.2 By Google. Google will indemnify, defend, and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim that Google's technology used to provide the Services or any Google Brand Feature infringe or misappropriate any patent, copyright, trade secret or trademark of such third party. Notwithstanding the foregoing, in no event shall Google have any obligations or liability under this Section arising from: (i) use of any Services or Google Brand Features in a modified form or in combination with materials not furnished by Google, and (ii) any content, information or data provided by Customer, End Users or other third parties. 12.3 Possible Infringement. c. Repair, Replace, or Modify. If Google reasonably believes the Services infringe a third party's Intellectual Property Rights, then Google will: (a) obtain the right for Customer, at Google's expense, to continue using the Services; (b) provide a non -infringing functionally equivalent replacement; or (c) modify the Services so that they no longer infringe. d. Suspension or Termination. If Google does not believe the foregoing options are commercially reasonable, then Google may suspend or terminate Customer's use of the impacted Services. If Google terminates the impacted Services, then Google will provide a pro-rata refund of the unearned Fees actually paid by Customer applicable to the period following termination of the Services. cti 12.4 General. The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. The indemnifying party has full control and authority over the defense, except that: (a) any settlement requiring the party seeking indemnification to admit liability or to pay any money will require that party's prior written consent, such consent not to be unreasonably withheld or delayed; and (b) the other party may join in the defense with its own counsel at its own expense. THE INDEMNITIES ABOVE ARE THE ONLY REMEDY UNDER THIS AGREEMENT FOR VIOLATION OF A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. 13. Limitation of Liability. 13.1 Limitation on Indirect Liability. NEITHER PARTY WILL BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. 13.2 Limitation on Amount of Liability. NEITHER PARTY MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. 13.3 Exceptions to Limitations. These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party's Intellectual Property Rights by the other party, or indemnification obligations. 14. Miscellaneous. 14.1 Notices. All notices must be in writing and addressed to the attention of the other party's legal department and primary point of contact. Notice will be deemed given: (a) when verified by written receipt if sent by personal courier, overnight courier, or when received if sent by mail without verification of receipt; or (b) when verified by automated receipt or electronic logs if sent by facsimile or email. 14.2 Assignment. Neither party may assign or transfer any part of this Agreement without the written consent of the other party, except to an affiliate, but only if: (a) the assignee agrees in writing to be bound by the terms of this Agreement; and (b) the assigning party remains liable for obligations incurred under the Agreement prior to the assignment. Any other attempt to transfer or assign is void. 14.3 Change of Control. Upon a change of control 4for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) the party experiencing the change of control will provide written notice to the other party within thirty days after the change of control; and (b) the other party may immediately terminate this Agreement any time between the- change of control and thirty days after it receives the written notice in subsection (a). 14.4 Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control. cti-1 Google- 14.5 No Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver. 14.6 Severability. If any provision of this Agreement is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose. 14.7 No Agency. The parties are independent contractors, and this Agreement does not create an agency, partnership or joint venture. 14.8 No Third -Party Beneficiaries. There are no third -party beneficiaries to this Agreement. 14.9 Equitable Relief. Nothing in this Agreement will limit either party's ability to seek equitable relief. 14.10 Governing Law. This Agreement is governed by law, excluding that state's choice of law rules. FOR ANY DISPUTE RELATING TO THIS AGREEMENT, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN Florida and the venue is the Nineteenth Circuit Court in St. Lucie County or the Southern District of Florida. 14.11 Amendments. Any amendment must be in writing and expressly state that it is amending -this Agreement. 14.12 Survival. Those provisions that by their nature should survive termination of this Agreement, will survive termination of this Agreement. 14.13 Entire Agreement. This Agreement, and all documents referenced herein, is the parties' entire agreement relating to its subject and supersedes any prior or contemporaneous agreements on that subject. The terms located at a URL and referenced in this Agreement are hereby incorporated by this reference. 14.14 Interpretation of Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the CSS, the Service Specific Terms, the Apps General Terms, and the terms located at any URL. 14.15 Counterparts. The parties may enter into this Agreement by executing the applicable CSS, which may be executed in counterparts, including facsimile, PDF or other electronic copies, which taken together will constitute one instrument. 15. Definitions. "Account Manager" means the CTI business person working with Customer regarding Customer's purchase of the Services. "Admin Account" means the administrative account provided to Customer by Google for the purpose of administering the End User Accounts. The use of the Admin Account requires a password, which Google will provide to Customer. Cti Go,c)8le- "Admin Console" means the online tool provided by Google to Customer for use in reporting and certain other administration functions. "Administrators" mean the Customer -designated technical personnel who administer the Services to End Users on Customer's behalf. "Acceptable Use Policy" means the acceptable use policy for the Services available at http://www.google.com/a/help/intl/en/admins/use_poiicy.html or other such URL as may be provided by Google. "Ads" means online advertisements displayed by Google to End Users. "AdWords Guidelines" means the Google AdWords Editorial Guidelines located at https://adwords.google.com/select/guidelines.html or other such URL as may be provided by Google. "Agreement" means the combination of a CSS, the Apps General Terms, and a set of Service Specific Terms. The combination of a CSS, the Apps General Terms, and the Security and Compliance Service Specific Terms will create a "Google Apps - Security and Compliance Agreement." The combination of a CSS, the Apps General Terms, and the Message and Collaboration Service Specific Terms will create a "Google Apps - Message and Collaboration Agreement." "APIs" means the Google APIs listed here: http://code.google.com/apis/apps/overview.html or other such URL as may be provided by Google. "API Terms of Use" means the terms of use here: http://www.google.com/a/help/intl/en/admins/api_terms.html or other such URL as may be provided by Google. "Brand Features" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. "Confidential Information" means information disclosed by a party to the other party under this Agreement that is marked as confidential or would normally be considered confidential under the circumstances. Customer Data is Customer's Confidential Information. "CSS" means a coverage selection sheet (Attachment A - Order Form), which is the written document provided by CTI specifying the Services Google will provide to Customer under the Agreement. The CSS will contain: (i) a signature block for Customer, or for both Customer and CTI; (ii) applicable service SKUs; (iii) Fees; and, if applicable: (iv) number of, and Initial Term for, any Services or End User Accounts; (v) Customer Domain Names; and (v) a reference number. "Customer Data" means data, including email, provided, generated, transmitted or displayed via the Services by Customer or End Users. Customer Domain Names" mean the domain names owned or controlled by Customer, which will be used in connection with the Services and specified in the Quote. Google- "Domain Service" means a service provided by Google to Customer purely for Customer's convenience, where Customer may, through a Google-provided interface, register domain names through, or transfer domain names to, Registrar Partners (as defined in the Domain Service Terms). "Domain Service Terms" means the terms at: http://www.google.com/a/help/intl/en/admins/domain_service_terms.html, or other such URL as may be provided by Google. "Effective Date" means the date an Agreement is countersigned. "Emergency Security Issue" means either: (a) an End User's use of the Services in violation of the Acceptable Use Policy, which could disrupt: (i) the Services; (ii) other End Users' use of the Services; or (iii) the Google network or servers used to provide the Services; or (b) unauthorized third party access to the Services. "End Users" means the individuals Customer permits to use the Services. "End User Account" means Google-hosted accounts provided to End Users through the Services for the purpose of enabling such End Users to use the Service. "Fees" means the amounts invoiced to Customer by Google for the Services as described in a Quote. "Help Center" means the Google help center accessible at http://www.google.com/support/ or other such URL as may be provided by Google. "High Risk Activities" means uses such as the operation of nuclear facilities, air traffic control, or life support systems, where the failure of the Services could lead to death, personal injury, or environmental damage. "Intellectual Property Rights means current and future worldwide rights under patent law, copyright law, trade secret law, trademark law, moral rights law, and other similar rights. "Notification Email Address" means the email address designated by Customer to receive email notifications from Google. Customer may change this email address through the Admin Console. "Privacy Notice" means the privacy notice located at http://www.google.com/a/help/intl/en/admins/privacy.html or other such URL as may be provided by Google. "Privacy Policy" means the terms at http://www.google.com/a/help/intl/en/users/privacy.html or other such URL as may be provided by Google. "Purchase Order" means a Customer issued purchase order. "Quote" means the written document provided by CTI specifying the Services Google will provide to Customer under the Agreement. Each Quote incorporates this Agreement by reference and will contain: (i) applicable service SKUs;. Cti Gor-sle-, (ii) Fees; and, if applicable: (iii) number of, and Initial Term for, any Services or End User Accounts; (iv) Customer Domain Names; and (v) a reference number. "Service Commencement Date" is the date upon which Google makes the Services available to Customer, and will be within one week of Google's receipt of the applicable CSS signed by Customer, or the applicable Quote, unless otherwise agreed by the parties. "Service Pages" mean the web pages displaying the Services to End Users. "Suspend" means the immediate disabling of access to the Service, or components of the Service, as applicable, to prevent further use of the Service. "Start Page" means the Google-hosted web page provided through the Start Page Service. "Start Page Service" means the service that provides a Google-hosted web page for End Users, and which enables some customization by Customer and some customization by End Users. "Start Page Terms of Service" means the terms of service located at the following URL: http://www.google.com/a/help/intl/en/admins/startpage_terms.html, or other such URL as may be provided by Google, and which terms govern Customer's use of the' Start Page Service. "Taxes" means any duties, :customs fees, or taxes (other than Google's income tax) associated with the sale of the Services, including any related penalties or interest. "Term" the term of the Agreement will begin upon the Effective Date and continue for as long as Customer is receiving Services from Google, unless terminated earlier pursuant to the Agreement. "Third Party Request" means a request from a third party for records relating to an End User's use of the Services. Third Party Requests can be a lawful search warrant, court order, subpoena, other valid legal order, or written consent from the End User permitting the disclosure. "Trademark Guidelines" means Google's Guidelines for Third Party Use of Google Brand Features, located at the following URL: http://www.google.com/permissions/guidelines.html, or other such URL as may be provided by Google. "TSS" means the technical support services provided by Google to the Administrators during the Term pursuant to the TSS Guidelines. "TSS Guidelines" means Google's technical support services guidelines then in effect for the applicable Services. TSS Guidelines are at the following URLs: http://www.google.com/a/help/intl/en/admins/tssg.html and http://www.postini.com/supportinfo, or such other URLs as may be provided by Google. Cti Gpfagle "URL Terms" means the "SLA" and `Services" definitions, and other terms with which Customer must comply, which are located at a URL and referenced in this Agreement. Google Apps Service Specific Terms: Message and Collaboration Additional Defined Terms. "Admin Tool" means online tools or APIs, or both, provided by Google to Customer to be used by Customer in connection with Customer's administration of the Services for End Users, which may include, among other things, account maintenance, enforcement of Customer usage policies, and Third Party Requests. "Service" means the Google Apps Message and Collaboration services provided by Google and used by Customer under this Agreement. The Services are as described here: http://www.google.com/a/help/int1/en/users/user_features.html, or other such URL as may be provided by Google, and further specified in the CSS or the Quote. "SLA" means the Service Level Agreement here: http://www.google.com/a/help/intl/en/admins/sla.html, or such other URL as may be provided by Google. 16. Ads. 16.1 Default Setting. The default setting for the Services is one that does not allow Google to serve Ads. Customer may change this setting in the Admin Console, which constitutes Customer's authorization for Google to serve Ads. If Customer enables the serving of Ads, it may revert to the default setting at any time and Google will cease serving Ads. 16.2 Generally. Ads will comply with the AdWords Guidelines. Except as stated otherwise under this Agreement, Google will neither contact the End Users directly through email, nor authorize a third party to contact the End Users directly by email, for advertising purposes. If Google is authorized to serve Ads, any revenue generated from the display of Ads will be retained by Google and will not be subject to any revenue sharing. 17. Data Transfer. As part of providing the Service, Google may store and process Customer Data in the United States or any other country in which Google or its agents maintain facilities. By using the Services, Customer consents to this transfer, processing and storage of Customer Data. 18. The Admin Tool and Third Party Requests. 18.1 Admin Tool. Google will provide the Admin Tool only as a part of providing the Service. Customer misuse of the Admin Tool is considered a material breach of the Agreement. 18.2 Third Party Requests. Customer is responsible for responding to Third Party Requests. Google will, unless it is prohibited by law or by the terms of the Third Party Request: (a) promptly notify Customer of .its rece4pt of a Third Party Request in a manner permitted by law; (b) comply with Customer's reasonable requests regarding its efforts to oppose a Third Party Request; and. cti Gougle" (c) provide Customer with the information or tools required for Customer to respond to the Third Party Request. Customer will first use the Admin Tool to access the required information, and will contact Google only if it is insufficient for Customer's needs. 19. Requesting End User Accounts; Term for the Services. 19.1 Requesting End User Accounts. Customer may request End User Accounts by: (i) notifying its designated Google Account Manager; or (ii) after the Service Commencement Date, contacting Google support personnel. For each purchase of End User Accounts, Google will issue a Quote to Customer. 19.2 Initial Term; Prorated Terms. The initial term for End User Accounts purchased prior to the Services Commencement Date will be for the time period set forth in the CSS, and will begin on the Service Commencement Date. End User Accounts purchased after the Service Commencement Date will have a prorated term ending on the anniversary of the Service Commencement Date. 19.3 Renewal. The End User Accounts will not automatically renew. Prior to the conclusion of the initial term, Google will provide Customer with a CSS or a Quote for the renewal of the End User Accounts. To renew the End User Accounts, Customer will submit a signed CSS if provided by Google, or a Purchase Order or a waiver of the Purchase Order requirement, to Google. Upon receipt of the signed CSS, a Purchase Order, or a Purchase Order waiver, Google will renew, and invoice Customer for, the End User Accounts. ctt THIS PAGE INTENTIONALLY LEFT BLANK. Gougle- cti ATTACHMENT A —ORDER FORM Go.o8le- Date Customer Sales Representative Sales Engineer Contract Term Invoice Terms Payment Terms Bill O'Brien Michael Passamenti One Year Net 30 Net 30 Customer Contact Name Address Telephone Email William Martin 2300 Virginia Avenue Ft. Pierce, Fl. 34983 303.393.3500 martinw ,stlucieco.ore Billing Address/Information 2300 Virginia Avenue Ft. Pierce, Fl. 34983 Service Annual Unit Price Units Total Charge Google Message Discovery Annual Service from 10/ 1 /09 to 9/30/ 10 $43.65 675 $29,463.75 SERVICES TOTA $29,463.75 One -Time Fees Charge Other Terms: ONE-TIME FEES TOTAL GRAND TOTAL $29,463.75 This Services Contract (the "Services Contract"), the exhibits thereto, and any documents expressly referenced herein or therein (collectively, the "Contract") shall constitute the entire and exclusive agreement between CTI and the Customer identified above (the "Customer") regarding its subject matter. This Contract shall supersede and replace any previous or contemporaneous written or oral contract, warranty, representation or understanding regarding its subject matter. By signing below the parties acknowledge that they have received, understood and agreed to, in a legally binding manner, all components of the Contract. Commercium Technology, St. Lucie County, Fla. Inc. Signature Signature L�vae___— Print Name Print Name William B. O'Brien Title Title President Date Date 12.29.2009 ITEM NO. VII-A TO: SUBMITTED BY: SUB_ BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS DATE: 02/23/2010 REGULAR ( ) PUBLIC HEARING ( X) LEG. ( ) QUASI -JD ( ) CONSENT ( ) PRESENTED BY: Barbara Guettler `� Public Works - Engineering MSBU Assistant Notice of Intent to establish Energy Conservation/Renewable Energy (ECRE) Municipal Service Benefit Unit (MSBU) See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: January 19, 2010 — Board authorization to advertise this public hearing. RECOMMENDATION: Board authorization of Resolution No. 10-018 as outlined in the agenda memorandum 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 Admin; (Stator Coordination/Signatures County Attorney (X)4� OMB Director ( ) Budget Analyst Daniel McIntyre Originating Dept. ( X) A - County Engineer Don Id West Marie Gouin (X) MVP Michael Powley Department Name MEMORANDUM TO: Board of County Commissioners THROUGH: Donald B. West, Public Works Directo(A A FROM: Barbara Guettler, MSBU Assistant Engineering DATE: February 23, 2010 SUBJECT: Notice of Intent to establish Energy Conservation/Renewable Energy (ECRE) Municipal Service Benefit Unit (MSBU) ITEM NO. VII-F Backaround: The Board of County Commissioners (BOCC) has requested that staff investigate the feasibility of creating an MSBU to fund the cost of retrofitting homes and businesses throughout St. Lucie County with energy conservation and renewable energy improvements. The improvements would include but not be limited to: weatherization, replacement of heating, ventilation, air conditioning, solar photovoltaic systems, and solar water heating. Property owner participation in the MSBU would be completely voluntary. The idea for creating the ECRE MSBU to fund the above mentioned improvements came too late to be included with our standard notice of intent resolutions approved by the Board on December 8, 2009. Both the Tax Collector and Property Appraiser have agreed to extend adoption of the resolution date to March 1, 2010 for the proposed ECRE MSBU. Pursuant to Chapter 197.3632(3) (a) Florida Statutes, the Board shall adopt a resolution at a public hearing prior to January 1, 2010 or, if the Property Appraiser and Tax Collector agree, March 1, 2010 for all non -ad valorem assessments that may be levied during the 2010 calendar year. The resolution shall state its intent to use the uniform method of collecting such assessments. The Board shall publish notice of its intent to use the uniform method for collecting such assessments for four consecutive weeks preceding the hearing. Resolution number 10-018 does not in any way obligate the County to levy the special assessment; rather, it simply preserves the County's option to use the uniform method of collection if a special assessment is levied. Recommendation: Board authorization of Resolution number 10-018 as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION NO. 10-018 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED ENERGY CONSERVATION/RENEWABLE ENERGY MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the 'Board") is contemplating the creation of the Energy Conservation/Renewable Energy Municipal Services Benefit Unit (the "ECRE MSBU") to fund the cost of a project which would retrofit homes and businesses throughout St. Lucie County with energy conservation and renewable energy improvements within the boundaries of the proposed ECRE MSBU (the "Project') in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on February 23, 2010, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed ECRE MSBU to fund the cost of energy conservation and renewable energy improvements within the boundaries of the proposed ECRE MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments is necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 r e i After motion and second, the vote on this Resolution was as follows: Chairman Charles Grande Vice Chair Doug Coward Commissioner Paula Lewis Commissioner Chris Craft Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 23rd day of February, 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: EXHIBIT A County Attorney Page 3 of 5 EXHIBIT B BOUNDARY: ENERGY CONSERVATIONMENEWABLE ENERGY MSBU The boundary lines of St. Lucie County are as follows: Beginning on the eastern boundary of the State of Florida at a point where the north section line of section thirteen, township thirty-seven south, range forty-one east, produced easterly, would intersect the same; thence westerly on the north line of said section and other sections to the northwest corner of section eighteen, township thirty-seven south, range forty-one east; thence south on the range line between ranges forty and forty-one east, to the township line between townships thirty-seven and thirty-eight south; thence west on the said township line to the range line dividing ranges thirty-six and thirty-seven east; thence north on said range line, concurrent with the east boundary of Okeechobee County, to the northwest corner of township thirty-four south, range thirty-seven east; thence east on the township line dividing townships thirty-three and thirty-four south, to the Atlantic Ocean; thence continuing easterly to the eastern boundary of the State of Florida; thence southerly along said east boundary, including the waters of the Atlantic Ocean within the jurisdiction of the State of Florida, to the place of beginning. 12/30/2009 Page 5 of 5 +;00'00'.i AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO: VIII DATE: February 23, 2010 REGULAR [X] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT[] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Request Permission to vacate a portion of the Plat of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31 - 35 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve Resolution No. 10-057 vacating certain 10 foot Drainage Easements lying between Lots 1, 2 and 3 of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31 - 35 of the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [Nd APPROVED [ ] DENIED [ ] OTHER Approved 5-0 (x] County Attorney:_ Daniel McIntyre [x] Originating Dept: -f��K JoAnn Riley Review and Approvals [ ] Road and Bridge: uon rauiey [x] Engineering: &W1) Mike Powley CONCURRENCE: Faye W. Outlaw, MPA County Administrator [x] Public Works: W Don fest PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 23, 2010 SUBJECT: Request Permission to vacate a portion of the Plat of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31 - 35 BACKGROUND: The St. Lucie County Airport Director is requesting a partial vacation of the Plat of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31- 35. The partial vacation will consist of 10 foot side lot Drainage Easements between Lots 1, 2 and 3. Health -Chem Diagnostics has leased the referenced lots and will be building and financing the construction of its diabetic test strip facility consisting of a 200,000 square foot building and needs to use all three parcels. The Drainage Easements are 10 foot side lot easements and will hamper construction. The master storm water system for the development will handle the drainage for these parcels and will not cause any flooding by vacating the 10 foot side lot easements. Health -Chem Diagnostics will be expanding to the County's Airport West Commerce Park, bringing 160 high -wage jobs over the next five years. The new facility will manufacture the patented TO Glucose skin patch for use in TO Glucose Monitoring System. Staff published a Notice of Intent on January 15, 2010 and January 22, 2010 with no objections. RECOMMENDATION: Staff recommends the Board approve Resolution No. 10-057 vacating certain 10 foot Drainage Easements lying between Lots 1, 2 and 3 of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31 - 35 of the Public Records of St. Lucie County, Florida. Respectfully submitted, 7�Ann Riley Property Acquisition Manager Proposed abandonment of drainage easements E !l c. r�nmhor 00(`a 9 � t b • ` ,,� Subject Parcels - 1oft easements s rsf. 1 a' " { a: s d 40 A r ST.-.LuctF CCU NTY December 2009 0 M< ti Proposed abandonment of drainage easements NEE Subject Parcels 1oft easements 0 a e 0 J Q F— This instrument prepared by: Janet LiCausi, under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RESOLUTION NO. 10-05 7 A RESOLUTION VACATING A PORTION OF THE PLAT OF AIRPORT WEST COMMERCE PARK PHASE I AS RECORDED IN PLAT BOOK 60, PAGES 31- 35 OF THE PUBLIC RECORDS OF ST. L UCIE COUNTY, FLORIDA Whereas, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On February 3, 2009, the Board approved the Plat for Airport West Commerce Park Phase 1. Included within the Plat was a 10-foot Drainage Easement on the side lot lines between Lots 1, 2 and 3 of the subdivision. 2. The development of the Lots 1, 2 and 3 of Airport West Commerce Park Phase 1 as a unified parcel requires the partial vacation of the Plat to vacate the 10-foot Drainage Easements on the side lot lines between Lots 1, 2 and 3. A site plan for Health -Chem Diagnostics, who will be leasing the property from the County, depends upon the vacation of the Drainage Easements. 3. This partial vacation of the Plat will not affect the rights of other owners within the subdivision. 4. Utilities providing service within the subdivision have consented to the vacation as long as there are easements for their services on the property. 5. The owner of the parcels, St. Lucie County, has requested this partial vacation of the Plat pursuant to Section 177.101, Florida Statutes. 6. Notice of Intent to petition the Board of County Commissioners of St. Lucie County to vacate this portion of the plat was given by publishing a legal notice in The Tribune on January 15, 2010 and January 22, 2010. 7. St. Lucie County Tax Collector shows evidence of payment of all State and County taxes assessed against the property have been paid. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The 10-foot Drainage Easements lying on the side lot lines between Lots 1, 2 and 3 of Airport West Commerce Park Phase 1 recorded in Plat Book 60, Pages 31 - 35 of the Public Records of St. Lucie County is hereby vacated pursuant to Section 177.101, Florida Statutes. See Exhibit A. B The Clerk is hereby directed to file a certified copy of this Resolution in the Office of the Clerk of the Circuit Court for recording in the Public Records of St. Lucie County, Florida. After motion and second, the vote on this Resolution was as follows: Chairman Charles Grande XXXXX Vice Chairman Doug Coward XXXXX Commissioner Chris Craft XXXXX Commissioner Chris Dzadovsky XXXXX Commissioner Paula Lewis XXXXX PASSED AND DULY ADOPTED this 23`d day of February, 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY AwroRr EEsr } 1 CDypy(Y PAN a - t ! ' LOCATION .VIP DEDICATION AIRPORT WEST COMMERCE PARK PHASE I SECTION 75, T ON WIP 34 SOUTH, RANGE 39 EAST LEGAL DESCRIPTION I.mwl el Nd hb n Nmb a pmr el FcrM X IewWb N FVM Mop A(mr, St. [mN (Praha lbrb6 ab mrr ro'l4sbh emvpe m .u- .wmrb N faM lup AEmr, fl. [mN [anry.lbbe IKere SIf�FTiIY. abm M Mrm /w mN F[obnAb Olttl MorowFmrrprrsl-.y /M alSly. xpw.w 2E K. l/L mYanNm. bNlbn rewrOgn Oorkb/ rmm Ea..1Ml room+ f0l noaayi (m el M M/k lea-b e/ f,. 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H XtYS lar ro rN oM1rvoN Cmr rprrol-.y Iw .v [op mAr..T rMw Kly'rfSK eMb pb Cmr rpr,-el-ay ,w Ir /Ev[tl Mr ro M PoNI O'Li1m'KC Cmronb ",— i r I CKNONLEDFMENT awn PS,.ImK l..(. A.IA.r..C— e ox. CE(ITJFfCATION OF TIJLE CERTIFICATE APPROVAL CLERF OF TK CIRCUIT COIMT Caron m ICA R - APPRCVAL OF DRONTN YINIDEMENT Sr. I,cN [.u(y, rsxp CERTIFICA lE - APPROVAL —11 SLNVEYCR CERTIFICI TE OF APPROVAL COUNTY COMMISSION �RT,� iCIpTErz OF IPPROYAL COGVTY £NGfNE£M w rt 71=1.r rru sr. aucr. [wn rssv nWM CERTIFICATE cr suvvErDR .,���wrf ro aEf iaur n w rralK hve-s ar,.es.I. s..rm, x. SHEET 1 V 5 AIRPORT WEST COMMERCE PARK PHASE 1 SECTION 15, TOW511IP 34 SOUTH, RANGE 39 EAST ST. LUCHCOUNTY, FLORIDA 9 IL �3 24 u nuw, AIRPORT WEST COMMERCE PARRY PHASE I SECTION 25, TOWSHIP 34 SOUTH, RANGE 39 EAST SL LUCIECOUNTY, FLORIDA 559.5,'U 1'E x56.35' FL., e. :L a �26 ur n x• „ - 25� NOT INCL UDEO j g� P. o. a. LIMITS OF PLAT N 559•fJ'05'E 65SOC' Stz•SJ S!'E SG5•fJ'OS•E I6RIS' ss'2oMME710E'_._Vi'ARDAD91 XM.0)' Y _._._a iAPORTsroswF3Y _ ` siSz g` ne5•arozw nr arose ]us ban 6 sef uosc m� �-� :Y' � o I �� • 2 NOT INCL UDEO • a . ..... h :�'d.•� Q § '^ vzcrruv zr rA r+ E O �Tc • � � c csz 121 LOT 6 " lY • �9• 2 a Ui8 � 2 I I Z! j 9 li 3 i ATS•5525•M LIMITS OF PLAT %I.00' NOT INCLUDED w. NOT INCLUDED I 4 S a _7_______________________)YAGP4TAf11tl�4TxfRA/ ---------------------- AT �u�av T A r LIMITS OF PLA^""' •� _-- ____ ___lT5dZ7 _-_______ __________ __ wo 55'I5M II5r..Or' , +w� ��• ]IVJS ]rv]s srvn A r,xm LAiFm aQTI pw i 3 Eff II 2 W ti 0 i� �' LOT l L07 2 w t LOT 3 Iz we p +ns i� +ar KL T� fir, r SHEET ] OF 5 AIRPORT WEST COMMERCE PVT PHASE I SECTION25, TONNSHIP 34 SOUTH, RANGE 39 EAST ST. LUCIF COUNTY, FLORIDA LOT 6 NOT INCL LIDED L— OF All LIMITS OF PLAT F ------------------------- ------ -------------- --- �wiqSlgw --- Flikw ______________________ ___II I L07 Z LOT a -A-RK- D-R-rv-r - - - - - - - - - - - I'm TRACT I hi ------------------- ------- --------- -- _______________I___________----- - --- --------- ------------------------------ --------- g ----------------------- ----- ------------ pwLOT 4 at NOT rNCL UDED /vor xNcLuD.,D PAGE 14 1".. 1 —0 rEC 11101 ZONE V ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING LEG. QUASWD CONSENT IX 02/23/10 PRESENTED BY: Carl Holeva Human Resources Director SUBMITTED BY: Human Resources SUBJECT: Amendment to Employee Handbook, Senior Level Staff Reduction. BACKGROUND: See attached memo. FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 22, 2008, No. 08-156, establishing a severance pay policy in lieu of notice when a staff reduction is approved by the Board. RECOMMENDATION: Board approval of Resoultion No. 10-044 and Attachment A as outlined in this agenda memorandum. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER �--� ----� Approved 5-0 Faye W. Outlaw, MPA County Administrator County Attorney ( ) Coordination/Signatures OMB Director s Budget Analyst an Mclntrye Originating Dept. (�f� Carl Holeva ERD Marie Gouin (Name) 4 Human Resources MEMORANDUM TO: Board of County Commissioners .ter �--- FROM: Carl Hol a, Human Resources Director DATE: February 23, 2010 SUBJECT: Amendment to Employee Handbook, Senior Level Staff Reduction. ITEM NO. IX Backaround: Due to severe budget shortfalls facing St. Lucie County, it is imperative that the County take action now to align projected recurring expenditures with projected recurring revenues. In budget presentations to the Board of County Commissioners at the November 2009 Strategic Planning meeting and other meetings with the Commissioners and Constitutional Officers. The County Administrator has established the goal of creating a sustainable budget. A sustainable budget is one that will not continue to rely on diminishing one-time funding but will balance projected recurring expenditures with projected recurring revenues. Further, the necessary changes to create a sustainable budget must be made now to reduce the budget shortfalls facing the County through FY2013. To that end, it is essential that the County Administrator be able to appoint management staff that will be expected to assume significant additional responsibilities and quickly acquire the knowledge to effectively oversee programs and services that are new to them. The County Administrator is requesting Board approval of clarification to the Employee Handbook as shown in Resolution 10-044 and Attachment A regarding senior -level position staff members. Recommendation: Board approval of Resolution No. 10-044 and Attachment A as outlined in this agenda memorandum. .r RESOLUTION NO. 10-044 A RESOLUTION AMENDING RESOLUTION NO. 86-173, AS AMENDED, BY AMENDING THE EMPLOYEE HANDBOOK FOR EMPLOYEES OF ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. By Resolution No. 86-173, adopted September 16, 1986, and subsequently amended, the Board of County Commissioners adopted the Employee Handbook for employees of St. Lucie County in order to update personnel policies to reflect changes in the federal and state law and provide each employee with essential information regarding personnel policies and benefits. 2. It is necessary to further amend Resolution No. 86-173 to update and clarify the Employee Handbook by amending Section 2.02, Staff Reduction, as it pertains to specified Senior Level Employees. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. Resolution No. 86-173, as amended, is hereby further amended to incorporate the amendments to the following sections of the Employee Handbook, attached hereto and incorporated herein as Exhibit "A": 2. This resolution shall be effective on the date of adoption. After motion and second the vote on this resolution was as follows: Chairman Charles Grande Vice Chairman Doug Coward Commissioner Chris Craft Commissioner Chris Dzadovsky Commissioner Paula A. Lewis PASSED AND DULY ADOPTED this ATTEST: DEPUTY CLERK s: \atty\resoltn\2010\10-044.doc day of 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY EXHIBIT "A" Section 2.02, Staff Reduction, is hereby amended to add the following: 2.02 Staff Reduction Senior Level Employees Division Managers, Assistant Directors, Directors and Assistant County Administrators are senior -level at will employees who serve at the discretion of the County Administrator and are not entitled to replace (bump) other County Employees when there is a staff reduction or reor anization. At the discretion of the CounV Administrator senior level employees may be placed in another senior level position or reclassified to or placed in a lower pay grade position. If a senior level employee is placed in a position at lower pay grade,a minimum pay reduction of 5% will be applied to the employee's current salary. The County Administrator shall have the auth ritv to make the final determination as to positions which are senior level positions. In making the determination, the criteria shall include, but is not limited to the following: a. The position reports directly to a higher, senior level position; b. The position has, or is eligible to have, signing authority as designated in the Purchasing Manual; C. The position supervises employees and/or has primary responsibility for specific programs) or service(s); d. The pay grade is within the range of other senior level employees• and/or, e. The position is specifically designated as such by title. The remaining terms and conditions of Section 2.02 shall remain in full force and effect. MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.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 MINUTES Approve the minutes from the February 9, 2010 meeting. II. GENERAL PUBLIC COMMENT Ill. CONSENT AGENDA A. WARRANTS Approve warrant list No. 20 and 21. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 9, 2010 Convened: 9:46 a.m. Adjourned: 9:47 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Paula A. Lewis, Chris Craft, Charles Grande, Doug Coward (absent) Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Mark Satterlee, Growth Management Director, Marie Gouin, OMB/Purchasing Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES Approve the minutes from the January 26, 2010 meeting. It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held January 261h, 2010, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 18 and 19. The Board approved Warrant List No.18 and 19. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 02/12/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #20- 06-FEB-2010 TO 12-DEC-2010 FUND SUMMARY- MOSQUITO EXPENSES FUND TITLE 145 Mosquito Fund 70,922.04 GRAND TOTAL: 70,922.04 PAGE 1 PAYROLL 0.00 0.00 02/19/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #21- 13-FEB-2010 TO 19-FEB-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 127,762.74 GRAND TOTAL: 127,762.74 PAGE 1 PAYROLL 30,549.18 30,549.18 EROSION DISTRICT EROSION DISTRICT www.co.st-lucie.fl.us www.stiucieco.org �atut>�isi�llt[t a aeku tutr t l r' aul t ree I tinummi a uwaj[a 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 linummumomlluuu on ammumuiumniiiiinmuilli MINUTES Approve the minutes from the February 9, 2009 meeting. H. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 20 and 21. 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: February 9, 2010 Convened: 9:47 a.m. Adjourned: 9:48 a.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Charles Grande, Chris Dzadovsky, Doug Coward (absent) Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Growth Management Director, Marie Gouin, OMB/Purchasing Director, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES Approve the minutes from the January 26, 2010 meeting. It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve the minutes of the meeting held January 26, 2010, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by C ohm. Dzadovsky, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 18 and 19. The Board approved Warrant List No. 18 and 19. B. MANAGEMENT AND BUGDET Amendment to Contract for Lobbyist Services The Board approved the first amendment to Contract No. C09-03-127 with Van Scoyoc Associates, Inc., extending the contract through March 31, 2011, and authorized the Chairman to sign documents as approved by the County Attorney. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 02/12/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #20- 06-FEB-2010 TO 12-DEC-2010 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 97.65 GRAND TOTAL: 97.65 PAGE 1 PAYROLL 0.00 0.00 02/19/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #21- 13-FEB-2010 TO 19-FEB-2010 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 362.38 GRAND TOTAL: 362.38 PAYROLL 4, 999.40 4, 999.40