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Agenda Packet 03-09-2010
March 9, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 03/08/2010 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. March 9, 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 Stu INVOCATION H. PLEDGE OF ALLEGIANCE III. MINUTES AP�rcved -5--0 Approve the minutes of the February 23, 2010 Special Meeting. Approve the minutes from the March 2, 2010 meeting. iiil i� dos- :'��GVrGI tvl0 / Q IV. PROCLAMATIONSIPRESENTATIONc is f�i f S Ti���)J)/5` L� Presentation of Employee of the Quarter by the County Administrator Tropical Storm Fay Presentation by Don West, Public Works Director V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA y A. WARRANTS Approve warrant list No. 23 B. COUNTY ATTORNEY P'1W pv- of to 1, Logistics Center — Facilities Use Agreement with Treasure Coast Food Bank, Inc. Consider staff recommendation to approve the Facilities Use Agreement with Treasure Coast Food Bank, Inc. and authorize the Chairman to sign the Agreement. 2. License Agreement Extension — Dated March 5, 2005, Resolution No. 05-082 — State Road 70 (Okeechobee Road) Widening Project Consider staff recommendation to approve the License Agreement Extension and Resolution No. 10-070 with the Florida Department of Transportation, authorize the Chairman to execute the License Agreement Extension and Resolution No. 10-070 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY CONTINUED 3. AXIA Software License Agreement with Pioneer Technology Group, LLC — Value Adjustment Board Consider staff recommendation to approve the AXIA Software License Agreement and authorize the Chairman to sign the Agreement. 4. Contract for Sale and Purchase — Harmony Heights Stormwater Improvements - 17t, Street Church of God - Parcel I.D. 1431-802-0024-00013 Consider staff recommendation to approve the Contract for Sale and Purchase from 17tn Street Church of God, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 5. Donation of Right -of -Way — Lennar Homes, LLC — Silver Oaks Planned Unit Development — 20 feet on Silver Oaks Drive and 120 feet for the realignment of Lennard Road — Resolution No. 10-079 Consider staff recommendation to approve to accept the Warranty Deed, authorize the Chairman to sign Resolution No. 10-079 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 6. Resolution No. 10-060 — Expedited permit review for County funded affordable housing projects Consider staff recommendation to approve to adopt proposed Resolution No. 10-060. 7. Donation of Right -of -Way — Treasure Coast Bible Assembly, Inc. — 27 feet on Edwards Road — Resolution No. 10-086 Consider staff recommendation to approve to accept the Warranty Deed of Donation, authorize the Chairman to sign Resolution No. 10-086 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. C. PUBLIC SAFETY State of Florida, Domestic Security Federally Funded Sub -grant Agreement. Consider staff recommendation to approve the State of Florida, Domestic Security Federally Funded Subgrant Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Resolution No. 10-072 County Emergency Management Preparedness and Assistance Trust Fund Base Grant (EMPA) Federal match portion. Consider staff recommendation to approve of Budget Resolution No. 10-072 accepting the additional $24,999.26 and authorization for the Chairman to sign as approved by the County Attorney. Emergency Management Services (EMS) Grant Consider staff recommendation to approve of Resolution No. 10-083 for the EMS grant in the amount of $94,205.00 and authorization for the Chairman to sign documents as approved by the County Attomey. D. UTILITIES Resolution 10-069, Connection Fees and Charges Consider staff recommendation to approve to adopt Resolution 10-069 authorizing the adjustment of water, wastewater, and reuse utility connection fees and charges within the St. Lucie County Water and Sewer District as outlined in the agenda memorandum and attached exhibits. E. MANAGEMENT AND BUDGET Amendment to Contract for Processing and Recycling Yard Trash, Landscape Debris and Land Clearing Debris Consider staff recommendation to approve the first amendment to Contract No. C05-02- 096 with Thelin Recycling Company, L.P., extending the contract through and including March 31, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. PULLED PRIOR TO MEETING 2. Amendment to Contract for Garbage Collection and Recycling Services for St. Lucie County Facilities - Consider staff recommendation to approve the first amendment to Contract No. C08 05- 231 with All Haul, extending the contract through June 30, 2011, and for a contract price 'f increase due to Solid Waste's increased tipping fees, and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Amendment to Contract for Generator Preventive Maintenance, Service, Inspections and Load Bank Testing Consider staff recommendation to approve the eleventh amendment to Contract No. C05- 08-485 with Genset Services, Inc., adding the Platt's Creek Stormwater building generator, and authorization for the Chairman to sign documents as approved by the County Attorney. 4. Bank of America Purchasing Card Agreement Consider staff recommendation to approve for the Chairman to sign City of Port Saint Lucie procurement card program linking agreement with Bank of America. PARKS AND RECREATION Museum Pointe Park Playground Consider staff recommendation to approve authorization to purchase Landscape Structures playground equipment totaling $74,541.53 for Museum Pointe Park utilizing the U.S. Communities Government Purchasing Alliance National Contract #040376, as outlined in the agenda memorandum, permission to demolish and remove the existing playground from the fixed asset list, and authorization for the Chairman to sign documents, as approved by the County Attorney. G. COMMUNITY SERVICES Equipment Request and Budget Amendment Consider staff recommendation to approve of Equipment Request No. 10-022, Budget Amendment No. 10-014 and authorization for the Chairman to sign documents as approved by the County Attorney. G. COMMUNITY SERVICES CONTINUED 2. Early Learning Coalition (ELC) First Amendment Consider staff recommendation to approve of the contract amendment with the Early Learning Coalition of St. Lucie and authorization for the Chairman to sign documents as approved by the County Attorney. Federal Legislative Appropriation Request Consider staff recommendation to approve to support the Florida Public Transportation Association (FPTA) to submit a Federal Legislative Earmark request for replacement of transit buses. 4. US Department of Justice Violence Against Women Office (VAWO) Consider staff recommendation to approve to submit an application to the U.S. Department of Justice VAWO for the Safe Havens: Supervised Visitation and Safe Exchange Grant Program for FY10-12 on behalf of Exchange Club Castle and authorization for the Chairman to sign documents as approved by the County Attorney. 5. Award of Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids Consider staff recommendation to approve of bid awards for one rehabilitation and six replacement housing projects under the St. Lucie County CDBG DRI Grants, and authorization for the Chairman to sign documents as approved by the County Attorney. H. GROWTH MANAGEMENT Proportionate Fair Share and Road Impact Fee Credit Agreement — Oceanic Transportation, Inc. Consider staff recommendation to approve authorization to advertise for a public hearing before the Board of County Commissioners on April 6, 2010 as outlined in the agenda memorandum. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for January, FY 09-10 .Consider staff recommendation to approve payment of Prison Health Services invoice number PHS0007249 for HIV medications for the period of January 01, 2010 through January 31, 2010, in the amount of $39,082.06. PUBLIC WORKS Road Improvement Agreement with ECM Group Consider staff recommendation to approve of the Road Improvement Agreement with ECM Group and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Paradise Park Stormwater Improvements Phase 2; South Florida Water Management District (SFWMD) Amendment No. 1 — Time Extension Consider staff recommendation to approve of Amendment No. 1 for time extension to contract No. 4600001221 with SFWMD for Paradise Park Stormwater Improvements Phase 2 project as outlined in the agenda memorandum and signature by the Chairman. J. PUBLIC WORKS CONTINUED 3. Indian River Estates Stormwater, Federal Emergency Management Agency (FEMA) Project No. 1561-135-R Modification No.1 — Time Extension Consider staff recommendation to approve of Modification No. 1 for time extension to contract No. 1561-135-R with FEMA for Indian River Estates Stormwater as outlined in the agenda memorandum and signature by the Chairman. 4. Lakewood Park Phase 1 Consider staff recommendation to approve of Change Order No. 3 with American Engineering and Development Corp. in the amount of $20,442.13 for Lakewood Park Phase 1 canal control structures, and authorization for the Chairman to sign contract documents as approved by the County Attorney. K. AIRPORT Resolution No. 10-085, Fence Obstruction Lights and Airport Security Improvements Consider staff recommendation to approve of Resolution No. 10-085 accepting the FDOT Supplemental Joint Participation Agreement in the amount of $83,090.90 with no local match required for the Install Fence Obstruction Lights and Airport Security Improvements project and authorization for the Chairman to sign the document as approved by the County Attorney. L. CENTRAL SERVICES Work order program software for Central Services. Consider staff recommendation to approve of Budget Amendment No. 10-013 and Equipment Request No. 10-021 to purchase work order program software in the amount of $2,800 for Central Services. M. GRANTS Indrio Savannas Preserve Habitat Restoration Consider staff recommendation to approve authorization to accept a purchase order agreement in the amount of $20,000 from the Florida Fish and Wildlife Conservation Commission to improve gopher tortoise and scrub jay habitat in the Indrio Savannas Preserve and to approve Budget Resolution No. 10-073. VII. PUBLIC HEARINGS A. There are no public hearings scheduled for March 9, 2010. Vill. ANNOUNCEMENTS 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. The Board of County Commissioners and the City of Fort Pierce will hold a Joint Meeting on Tuesday, March 30, 2009 at 2:00 p.m. at the City of Fort Pierce Commission Chambers. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl. us www.stiucieco.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 23, 2010 meeting. H. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 22 and 23. B. MOSQUITO CONTROL Native planting at Queen's Island Consider staff recommendation to approve of a contract with Design Build, Inc. and authorization for the Chairman to sign the contract as approved by the County Attorney. 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 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 mmunuvum#umuum u MINUTES Approve the minutes from the February 23, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 22 and 23. B. PUBLIC WORKS South St. Lucie County Beach Restoration Project Consider staff recommendation to approve of Amendment No. 3 to Work Authorization No. 6 with Coastal Tech and Work Authorization No. 4 with Taylor Engineering and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Artificial Reef Grant Application Consider staff recommendation to approve of an artificial reef construction grant application to the National Geographic conservation Trust for $20,000. 3. Artificial Reef Grant Application Consider staff recommendation to approve of an artificial reef construction grant application to the Florida Fish and Wildlife Conservation Commission (FWC) for $60,000. 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. March 9, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 03/08/2010 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 for to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. March 9, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucleco.org Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 Chris Craft District No. 5 INVOCATION if. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes of the February 23, 2010 Special Meeting. Approve the minutes from the March 2, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Presentation of Employee of the Quarter by the County Administrator B. Tropical Storm Fay Presentation by Don West, Public Works Director V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 23 B. COUNTY ATTORNEY Logistics Center — Facilities Use Agreement with Treasure Coast Food Bank, Inc. Consider staff recommendation to approve the Facilities Use Agreement with Treasure Coast Food Bank, Inc. and authorize the Chairman to sign the Agreement. 2. License Agreement Extension — Dated March 5, 2005, Resolution No. 05-082 — State Road 70 (Okeechobee Road) Widening Project Consider staff recommendation to approve the License Agreement Extension and Resolution No. 10-070 with the Florida Department of Transportation, authorize the Chairman to execute the License Agreement Extension and Resolution No. 10-070 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY CONTINUED AXIA Software License Agreement with Pioneer Technology Group, LLC — Value Adjustment Board Consider staff recommendation to approve the AXIA Software License Agreement and authorize the Chairman to sign the Agreement. Contract for Sale and Purchase — Harmony Heights Stormwater Improvements - 171, Street Church of God - Parcel I.D.1431-802-0024-00013 Consider staff recommendation to approve the Contract for Sale and Purchase from 17�1 Street Church of God, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Donation of Right -of -Way — Lennar Homes, LLC — Silver Oaks Planned Unit Development — 20 feet on Silver Oaks Drive and 120 feet for the realignment of Lennard Road — Resolution No. 10-079 Consider staff recommendation to approve to accept the Warranty Deed, authorize the Chairman to sign Resolution No. 10-079 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 6. Resolution No. 10-060 — Expedited permit review for County funded affordable housing projects Consider staff recommendation to approve to adopt proposed Resolution No.10-060. Donation of Right -of -Way — Treasure Coast Bible Assembly, Inc. — 27 feet on Edwards Road — Resolution No. 10-086 Consider staff recommendation to approve to accept the Warranty Deed of Donation, authorize the Chairman to sign Resolution No. 10-086 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. C. PUBLIC SAFETY State of Florida, Domestic Security Federally Funded Sub -grant Agreement. Consider staff recommendation to approve the State of Florida, Domestic Security Federally Funded Subgrant Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Resolution No. 10-072 County Emergency Management Preparedness and Assistance Trust Fund Base Grant (EMPA) Federal match portion. Consider staff recommendation to approve of Budget Resolution No. 10-072 accepting the additional $24,999.26 and authorization for the Chairman to sign as approved by the County Attorney. Emergency Management Services (EMS) Grant Consider staff recommendation to approve of Resolution No. 10-083 for the EMS grant in the amount of $94,205.00 and authorization for the Chairman to sign documents as approved by the County Attorney. D. UTILITIES Resolution 10-069, Connection Fees and Charges Consider staff recommendation to approve to adopt Resolution 10-069 authorizing the adjustment of water, wastewater, and reuse utility connection fees and charges within the St. Lucie County Water and Sewer District as outlined in the agenda memorandum and attached exhibits. E. MANAGEMENT AND BUDGET Amendment to Contract for Processing and Recycling Yard Trash, Landscape Debris and Land Clearing Debris Consider staff recommendation to approve the first amendment to Contract No. C05-02- 096 with Thelin Recycling Company, L.P., extending the contract through and including March 31, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. PULLED,.,PRIOR TO MEETING 2. Amendment to Contract for Garbage Collection and Recycling Services for St. Lucie County Facilities Consider staff recommendation to approve the first amendment to Contract No. C08-05- 231 with All Haul, extending the contract through June 30, 2011, and for a contract price increase due to Solid Waste's increased tipping fees, and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Amendment to Contract for Generator Preventive Maintenance, Service, Inspections and Load Bank Testing Consider staff recommendation to approve the eleventh amendment to Contract No. C05- 08-485 with Genset Services, Inc., adding the Platt's Creek Stormwater building generator, and authorization for the Chairman to sign documents as approved by the County Attorney. Bank of America Purchasing Card Agreement Consider staff recommendation to approve for the Chairman to sign City of Port Saint Lucie procurement card program linking agreement with Bank of America. F. PARKS AND RECREATION Museum Pointe Park Playground Consider staff recommendation to approve authorization to purchase Landscape Structures playground equipment totaling $74,541.53 for Museum Pointe Paris utilizing the U.S. Communities Government Purchasing Alliance National Contract #040376, as outlined in the agenda memorandum, permission to demolish and remove the existing playground from the fixed asset list, and authorization for the Chairman to sign documents, as approved by the County Attorney. G. COMMUNITY SERVICES Equipment Request and Budget Amendment Consider staff recommendation to approve of Equipment Request No. 10-022, Budget Amendment No. 10-014 and authorization for the Chairman to sign documents as approved by the County Attorney. G. COMMUNITY SERVICES CONTINUED Early Learning Coalition (ELC) First Amendment Consider staff recommendation to approve of the contract amendment with the Early Learning Coalition of St. Lucie and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Federal Legislative Appropriation Request Consider staff recommendation to approve to support the Florida Public Transportation Association (FPTA) to submit a Federal Legislative Earmark request for replacement of transit buses. 4. US Department of Justice Violence Against Women Office (VAWO) Consider staff recommendation to approve to submit an application to the U.S. Department of Justice VAWO for the Safe Havens: Supervised Visitation and Safe Exchange Grant Program for FY10-12 on behalf of Exchange Club Castle and authorization for the Chairman to sign documents as approved by the County Attorney. Award of Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids Consider staff recommendation to approve of bid awards for one rehabilitation and six replacement housing projects under the St. Lucie County CDBG DRI Grants, and authorization for the Chairman to sign documents as approved by the County Attorney. H. GROWTH MANAGEMENT Proportionate Fair Share and Road Impact Fee Credit Agreement — Oceanic Transportation, Inc. Consider staff recommendation to approve authorization to advertise for a public hearing before the Board of County Commissioners on April 6, 2010 as outlined in the agenda memorandum. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for January, FY 09-10 Consider staff recommendation to approve payment of Prison Health Services invoice number PHS0007249 for HIV medications for the period of January 01, 2010 through January 31, 2010, in the amount of $39,082.06. PUBLIC WORKS Road Improvement Agreement with ECM Group Consider staff recommendation to approve of the Road Improvement Agreement with ECM Group and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Paradise Park Stormwater Improvements Phase 2; South Florida Water Management District (SFWMD) Amendment No. 1— Time Extension Consider staff recommendation to approve of Amendment No. 1 for time extension to contract No. 4600001221 with SFWMD for Paradise Park Stormwater Improvements Phase 2 project as outlined in the agenda memorandum and signature by the Chairman. PUBLIC WORKS CONTINUED Indian River Estates Stormwater, Federal Emergency Management Agency (FEMA) Project No. 1561-135-R Modification No. 1 — Time Extension Consider staff recommendation to approve of Modification No. 1 for time extension to contract No. 1561-135-R with FEMA for Indian River Estates Stormwater as outlined in the agenda memorandum and signature by the Chairman. 4. Lakewood Park Phase 1 Consider staff recommendation to approve of Change Order No. 3 with American Engineering and Development Corp. in the amount of $20,442.13 for Lakewood Park Phase 1 canal control structures, and authorization for the Chairman to sign contract documents as approved by the County Attorney. K. AIRPORT Resolution No. 10-085, Fence Obstruction Lights and Airport Security Improvements Consider staff recommendation to approve of Resolution No. 10-085 accepting the FDOT Supplemental Joint Participation Agreement in the amount of $83,090.90 with no local match required for the Install Fence Obstruction Lights and Airport Security Improvements project and authorization for the Chairman to sign the document as approved by the County Attorney. L. CENTRAL SERVICES Work order program software for Central Services. Consider staff recommendation to approve of Budget Amendment No. 10-013 and Equipment Request No. 10-021 to purchase work order program software in the amount of $2,800 for Central Services. M. GRANTS Indrio Savannas Preserve Habitat Restoration Consider staff recommendation to approve authorization to accept a purchase order agreement in the amount of $20,000 from the Florida Fish and Wildlife Conservation Commission to improve gopher tortoise and scrub jay habitat in the Indrio Savannas Preserve and to approve Budget Resolution No. 10-073. VII. PUBLIC HEARINGS A. There are no public hearings scheduled for March 9, 2010. Vill. ANNOUNCEMENTS 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. 2. The Board of County Commissioners and the City of Fort Pierce will hold a Joint Meeting on Tuesday, March 30, 2009 at 2:00 p.m. at the City of Fort Pierce Commission Chambers. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.orq Chris Dzadovsky, Chairman District No. 1 Paula A. Lewis, Vice Chair District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 - l�tli�ll�i 3. MINUTES Approve the minutes from the February 23, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 22 and 23. B. MOSQUITO CONTROL Native planting at Queen's Island Consider staff recommendation to approve of a contract with Design Build, Inc. and authorization for the Chairman to sign the contract as approved by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.org aa _- _..W.t3. ... <. ,,...�. xa �t�,-... •s,,A a v'�a: az 1.. a 3xs 4—:.t a = f _ aa�, Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 MINUTES Approve the minutes from the February 23, 2009 meeting. II. GENERAL PUBLIC COMMENT tll. CONSENT AGENDA A. WARRANTS Approve warrant list No. 22 and 23. B. PUBLIC WORKS South St. Lucie County Beach Restoration Project Consider staff recommendation to approve of Amendment No. 3 to Work Authorization No. 6 with Coastal Tech and Work Authorization No. 4 with Taylor Engineering and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Artificial Reef Grant Application Consider staff recommendation to approve of an artificial reef construction grant application to the National Geographic conservation Trust for $20,000. 3. Artificial Reef Grant Application Consider staff recommendation to approve of an artificial reef construction grant application to the Florida Fish and Wildlife Conservation Commission (FWC) for $60,000. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA SPECIAL MEETING Date: February 23, 2010 Convened: 1:30 p.m. Adjourned: 2:30 p.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Chris Dzadovsky, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young, Asst. County Attorney, Lauri Case, Utilities Director, Carl Holeva, Human Resources Director, Debra Brisson, Parks and Recreation Director, Beth Ryder, Community Services Director, Jack Southard, Public Safety Director, Don West, Public Works Director, Roger Shinn, Central Services Director, Jim David, Mosquito Control Director, Mark Satterlee, Growth Management Director, Marie Gouin, OMB Director, Shai Francis, Finance Director, Karen Smith, Environmental Resources Director, Millie Delgado -Feliciano, Deputy Clerk Opening remarks were made by the County Administrator. The County Administrator addressed the re -alignment of county operations proposed. She reiterated her comments from the previously held Strategic Planning Sessions in November where she indicated although the budget was balanced, she believed it was not a sustainable budget. The County Administrator advised the Board of the various meetings held with the department heads and staff in review of the overall operations of the county. She continued discussions with her leadership teams and continued to review the proposed re -alignment. She stated based on the Board's input during the past several weeks, she had put together this proposed re -structuring plan of the county departments from 18 departments to 9. In presenting this proposed re -structuring she also advised the Board that this is the first step of many painful steps to come in the future. The re -organization of county operations is the first step. They are looking at fiscal year 2012 and will be doing a gradual reduction rather than just a cut. She stated should the Board approve the re -alignment at the top level, then she would ten look at the next tier, the divisional level. We now have 38 operating divisions and she does not see the county being able to sustain the 38 divisions. She will need to look at this level then look at those employees below a division managerial level and work her way down. The County Administrator stated they have a deficit for FY 11 she is focusing on FY 12 due to the fact the one time money they have used for two or three years have been used and they will not have any to utilize in FY12. She believes there is a misunderstanding where it is believed the general fund and the forfeiture fund are the only funds they will have a gap in and this is not true, they are projecting to have a deficit in other funds. The County Administrator provided a power point presentation regarding the revenues and the projected gaps. They are projecting a gap of $64 million for FY2012 in total. She believes FY12 is the critical year and stated they will have to do something with expenditure reduction or revenue enhancements. The county has 18 operating divisions and the proposed will reduce it to 9 operating departments. They would be consolidating departments under new umbrellas. The proposed departmental structure is as follows: HUMAN RESOURCES & SUPPORT SERVICES Human Resources Risk Management Purchasing Central Services Total 81 HOUSING AND COMMUNITY SERVICES -Rebuilding Lives and Communities Social Services Veterans Services Transit Housing Libraries Total 70 ENVIRONMENTAL SERVICES — Protecting our Natural Resources Environmental Resources Cooperative Extension Total 36 MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES — Protecting and Managing the Indian River Lagoon and our Coastal Lands Mosquito Control Erosion Artificial Reef Program IRL and coastal ESLs and Parks Total TBD OFFICE OF MANAGEMENT, BUDGET & GRANTS — Managing our Fiscal Resources Budget Grants Total 12 PARKS AND RECREATION SERVICES —Enhancing our Communities Parks (not including Beaches & Riverside parks) Recreation Marine Center Regional History Center Total TBD 2 PLANNING & DEVELOPMENT SERVICES- Building Sustainable Communities Growth Management Building, Zoning, Code Compliance Business Development Airport Tourism Total 64 PUBLIC SAFETY & COMMUNICATIONS- Securing Communities and connecting Our Organization Public Safety Information Technology Total 128 PUBLIC WORKS- Building a Foundation for Sustainable Communities Engineering & Administration Water Quality Road & Bridge Utilities & Solid Waste Total 136 COUNTY ADMINISTRATION —Leadership for a Sustainable St. Lucie County Administration Media Relations Total 12 The County Administrator advised the Board of the positions impacted as follows Out of 18 departmental Directors 9 Director Positions: restructured with expanded duties 7 Director Positions: reclassified to a lower pay grade positions 2 Director Positions: eliminated (I.T Director & Solid Waste Director) 4 Assistant Directors positions: reclassified to lower pay grade Eliminated Positions: 1 Assistant County Administrator position 1 Executive Assistant position 1 I.T. Director position 1 Solid Waste Director position 1 Code compliance/Building Division Manager position 4.5 Code Technical positions 10 Growth Management Planner positions 9 Building Inspector Technical positions Total 28 Eliminated positions Com. Grande addressed the positions and stated they are not proposing to reduce services, they will provide the same services under a different management structure. 3 The County Administrator advised the Board they have reduced the workforce by 238 positions in the last two years and this includes reductions through attrition and voluntary layoffs. She advised the Board the third round of layoffs in the building operations is due to it being an enterprise fund. The positions funded unfilled will be brought into the fund balance. The $54 million for FY 11 to balance the budget takes into account vacant but funded positions. Com. Coward addressed the unsustainable budget the County Administrator has alluded to in the past. He stated the revenue for operating this government is comparable to 1999 revenues, yet we have had considerable growth since that time. He believes we do not have a choice but to address this issue now for the future budgets. He stated he supports what the County Administrator is doing and he also is aware that while reducing staff, it will be difficult to continue to provide the services at the present levels. Com. Dzadovsky inquired whether this proposal had been brought to the Citizen's Budget Committee and what recommendations were made by the Committee. The County Administrator advised the Board she had several meetings with the Citizen's Budget Committee and had received various recommendations and ideas from the members with regard to the budget. However, in terms of presenting the proposed realignment to them, she was not in a position to do so due to the fact she had not had the opportunity to present it to the Board of County Commissioners at that time. The County Administrator advised the Board she has scheduled a meeting for the general public to attend on Wednesday, February 24, 2010 to advise them of the county's plan. She stated as part of the process, in early April she would starting to look at the programs and the services, the employees and the dollars tied into the programs and services. She is presently looking to schedule a Strategic Planning Session in the month of May to address the $56 million dollar gap and address what level of services they would be able to provide. Com. Dzadovsky stated to maintain a certain level of service they will need to look at the issues. He stated at a meeting of a homeowners group where there were over 200 people in attendance, three questions were asked. At what point do you want county government to keep cutting, until there is no tax increase at all? Cut to a point where county government is sustainable and or a small millage rate increase? Or do you want the services to remain at status quo and have a millage rate increase of the roll back rate? Com. Dzadovsky stated the overwhelming response was somewhere in between, cut the fact but maintain the services and have a slight increase in the millage. This is why he felt it is very important to meet with the public. The people who pay the taxes expect a certain quality of life and it is important they let us know what it will be. Com. Lewis stated she believes they will be deciding what new level of service there will be. She believes they have cut back as the public has expected and under this new scenario there will be some services that will go away. Com. Grande stated that maybe it is time for a small adjustment to the millage rate, there never is a good time for that and this may be the worst time for it. Everyone is suffering and he 4 believes no one wants to see an increase. He would be surprised to receive a mandate from the public to increase the millage rate. Com. Craft stated there may be a need to sacrifice and cut some services for a year or two until the economy rebounds. They will need to make difficult decisions within the next few months, however this is their job and what they have signed up for. He stated he was very proud of the St. Lucie County staff. Com. Coward stated times have changed and we must adjust ourselves accordingly. He does not believe there is any "fat" out there especially with the cuts that have taken place. He believes we can become more efficient. He stated, "When you have cut as much as you can, then the difficult decision will come to possibly eliminate the "wants" in order to maintain the needs." He believes the other entities need to work with the Board in order to work through this situation. Com. Grande stated in speaking with the Constitutional Officers, they understand the situation. The County Administrator stated with the first tier, the estimated savings is $2 million per year. She stated this is a starting point and she will continue to keep track of the savings so the Board may be apprised of the figures. The Property Appraiser addressed the Board and advised them the unemployment record is what will decide the economy. The economy at this point has not sign of improvement regarding the real estate housing industry. He believes there have been 4,000 qualified residential sales and in the same respect, there have also been 4,000 unqualified sales this year. The problem is now he is seeing re -sales of those sales. He is trying to hold them out of the market because he believes they will not reflect the true market. He cannot project next year's numbers at this point; however he believes it will not get any worse than it is. There being no further discussion, it was moved by Com. Coward, seconded by Com. Craft, To approve to revise job descriptions for the impacted positions, and also approve the re- alignment of the county departments as presented by the County Administrator, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 5 CONSENT AGENDA ITEMS 03/05/10 FZABWARR FUND TITLE 001 001113 001164 001176 001180 001181 001184 001188 001193 001436 001442 001508 001509 001510 001511 001512 001513 001515 101 101001 101002 101003 101004 101006 102 102001 102809 105 107 107001 107002 107003 107006 107164 107205 ill 112 118 120 121 122 126 130 130101 130105 130207 139 140 ST. LUCIE COUNTY - BOARD WARRANT LIST #23- 27-FEB-2010 TO 05-MAR-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 FTA Section 5307 Operating & Capita CDBG 07 Section 112/MPO/Fhwa/Planning 2007 FDCA SLC Buildings Wind Retrofit pr INTACT Inspired Network to Achieve FCTD Planning Grant Agreement FTA Buses 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 Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology USDOJ Edward Byrne Mem JAG 09/10 Juvenile Justice & Delinquency Prev River Park I Fund River Park II Fund Paradise Park Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Southern Oak Estates Lighting SLC Public Transit MSTU FTA Operating and Capital Assist FTA 5307-2 2009 Cap & Oper FDOT Fized Route Grant Palm Grove Fund Airport Fund EXPENSES 2,514,201.17 2, 178.18 3.23 97.66 25.08 190.00 367.37- 695.80 3,82S.00 1, 130. 98 73.80 709.00 20.91 1,739.32 122.21 152.47 5,520.00 2,100.73 40,353.88 80.17 24,009.99 78, 582.81 7,253.93 156, 605. 45 14,440.21 18,740.30 460,463.00 52.08 3,835,007.84 85.62 4, 018.29 2, 502.46 20,896.20 50,265.00 533.79 2, 965.19 633.23 875.65 186.49 96.81 1,072.96 130.46 129,419.62 79,403.00 31,734.00 21,576.89 791.31 15,257.37 PAGE PAYROLL 625,492.03 2,991.01 48.81 1,315.99 332.77 0.00 0.00 9, 669.93 0.00 0.00 371.54 0.00 295.80 1,157.60 1,726.40 1, 635.80 0.00 0.00 49,120.13 13,242.32 46,099.03 22, 516.53 16, 944.76 0.00 73,160.15 5,420.16 0.00 0.00 110,491.64 1,122.83 36,854.22 0.00 8,736. 95 0.00 2,076.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,176.18 0.00 0.00 0.00 0.00 14,841.82 1 03/05/10 FZABWARR FUND TITLE 140135 140335 140356 140358 140359 150 160 183 183001 183004 183006 185010 189100 189102 310001 316 316001 316802 318 39008 401 418 451 458 461 471 478 479 491 505 505001 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #23- 27-FEB-2010 TO 05-MAR-2010 FUND SUMMARY FAA Security Fencing & Runway 9L/27 Parallel Runway Design-9L/27R FDOT Airport Master Plan Update FDOT Update Master -Drainage Plan FDOT Environmental Mitigation Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2008/2009 Home Consortium Home Consortium 2009 Impact Fees -Library County Capital 5th Cent Fuel -Capital FIND Stan Blum Boat Ramp County Capital -Transportation Bond Harmony Heights MSBU 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 12,833.25 675.43 9, 623.51 -37,-684.34 3,413.12 108.89 14,472.50 1, 163. 68 360.00 558.03 723.28 275.02 25,121.37 765.40 4, 361.35 8,076.50 313,532.08 1,179.00 432,740.29 2, 639.26 426,116.24 5, 694.56 41,978.75 12,855.13 10,585.38 42,634.32 15,084.39 3, 304 . 65 2,618.71 531,685.18 4,113.31 5, 593. 76 836.36 302,057.28 9, 805, 916 . 4 9 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 1,523.20 8,323.08 3,009.49 0.00 5, 404 .72 0.00 2,163.26 1, 635 .80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 79,360.15 20,363.87 3,522 . 92 659.01 18,956.54 7,719.26 1, 322.44 1,489.36 31,762.41 1,186.40 3,288.44 2, 001 .06 0.00 0.00 1,241,S31.81 2 AGENDA REQUEST C6UNTY F L O It ,I D_ V. ITEM NO. VI-131 DATE: March 9, 2010 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Logistics Center - Facilities Use Agreement with Treasure Coast Food Bank, Inc. BACKGROUND: See CA10-0203 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends the Board approve the Facilities Use Agreement with Treasure Coast Food Bank, Inc. and authorize the Chairman to sign the Agreement. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: (nl. 5. ru [ ] Road & Bridge.: [J) Parks & Recreation Director [ ] Solid Waste Mgr ]Finance: (check for copy only, if applicable) [X] Central Services: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 10-0203 DATE: March 9, 2010 SUBJECT: Logistics Center - Facilities Use Agreement with Treasure Coast Food Bank, Inc. BACKGROUND: Attached to this memo is a copy of the proposed Facilities Use Agreement with the Treasure Coast Food Bank, Inc., for the Logistics Center. As in past years, the Agreement provides for the Food Bank to use approximately five thousand (5000) square feet to store surplus commodities for the period May 10, 2010, through August 10, 2010. The Food Bank will have access to the space once per week. The County and the Food Bank entered into similar agreements in 2007, 2008, and 2009. RECOMMENDATION/CONCLUSION: Staff recommends the Board approve the Facilities Use Agreement with Treasure Coast Food Bank, Inc. and authorize the Chairman to sign the Agreement. Respectfully submitted, G c-, Heather Sperrazz ue Assistant County Atto ey J FACILITIES USE AGREEMENT THIS AGREEMENT made and entered into on this day of 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and TREASURE COAST FOOD BANK, INC., a not for profit corporation hereinafter referred to as "Food Bank". WITNESSETH: WHEREAS, the County owns a facility located at 3855 S. U.S. Highway 1, Fort Pierce, Florida, hereinafter referred to as the "Facility"; and, WHEREAS, the Food Bank desires to use the Facility on a temporary basis to store approximately 200,000 pounds of food; and, WHEREAS, the County is willing to enter into this agreement with the Food Bank to permit it to temporarily use the facility for storage. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1_ SITE The parties acknowledge and agree that the Facility shall be located at 3855 S. U.S. Highway 1, Fort Pierce, Florida, and shall consist of the main building and grounds. 2. USE OF FACILITY 5AATTY\AGREEMNT\FAC-U5E\Food Bank.10.doc -1- W The Food Bank shall use the Facility to store surplus commodities. The County shall provide access to the Facility once a week during the term on a mutually agreeable day. The County shall provide approximately 5,000 square feet in a location at the Facility that is acceptable to the County and the Food Bank. 3. TERM The term of this Agreement shall be for the period beginning May 10, 2010 through and including August 10, 2010, unless otherwise terminated as provided herein. The term of this Agreement may be renewed upon mutual agreement of the parties upon the same terms and conditions. Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party. 4. PERSONNEL The Food Bank represents that it has, or will secure at its own expenses, all necessary employees and volunteers required to perform the services under this Agreement. All employees employed by the Food Bank shall not be employees of or have any contractual relationship with the County. The County, at its option, may provide County employees to assist the Food Bank in the unloading and storage of commodities at the facility. 5. INDEMNIFICATION AGAINST CLAIMS The Food Bank is and shall be an independent contractor and operator, responsible to all parties for its acts and omissions and the County shall in no way be responsible for such acts or omissions. To the extent of the insurance coverage set forth in Paragraph 9 below, the Food Bank shall and will indemnify and hold harmless the County from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's 5:\ATTY\AGREEMNT\FAC-U5E\Food Bank.10.doc -2- fees of any kind and nature arising or growing out of or in any way connected with the use, occupation, management, or control of the Facility by the Food Bank or its agents, servants, employees, customers, clients, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Food Bank or its agents, servants, employees, customers, clients, patrons, or invitees, whether in the Facility or on the premises, or resulting from injury to person or property, or loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement, in or about the Facility or the premises (except for injuries, damages or claims which are the result of the primary negligence of the County and for which the County is legally, directly, and primarily liable). The Food Bank further agrees to undertake at its own expense the defense of any action brought against the County claiming damages arising out of, in connection with, or by reason of the Food Bank's use of the Facility except that in the event the claim is finally determined to have arisen due to the negligence or acts of the County, the County agrees to reimburse the Food Bank for the actual expenses incurred by the Food Bank in defending the County. The County agrees to cooperate in any defense by the Food Bank. In consideration of this indemnification obligation, the Food Bank agrees to pay the County the amount of one and 00/100 dollars ($1.00) which amount shall be due and payable on May 10, 2010. 6. NO LIEN CREATED The Food Bank covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the County in and to the Facility under this Agreement, and that no third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons contracting with the Food Bank or furnishing materials or labor to the Food Bank, or to its agents or servants, as well as all persons whomsoever, shall be bound by the provisions of the Agreement. 7. OPERATING COSTS 5;\ATTY\AGREEMNT\FAC-USE\Food Bank.10.doc -3- The Food Bank agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs, excluding utilities other than telephone, incurred in the use and operation of the Facility. 8. INDEPENDENT CONTRACTOR RELATIONSHIP All persons engaged in any of the work or service performed pursuant to this Agreement, with the exception of County employees, shall at all times, and in all places, be subject to the Food Bank's sole direction, supervision and control. The Food Bank shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Food Bank's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. In addition, the Food Bank shall not have the power or authority to bind the County in any promise, agreement or representation other than specifically provided for in this Agreement. 9. INSURANCE The Food Bank shall maintain in effect Workers' Comprehensive Insurance as required by Florida Statutes, covering all employees of the Food Bank including employer's liability insurance, with limits of not less than $100,000.00 per accident. The Food Bank shall furnish County at the time of execution of this Agreement, the Food Bank's Certificate of Insurance evidencing existence of the coverage required above with an insurer approved by the Insurance Commissioner for the State of Florida. In the event a claim is filed against a party for operations that are covered by the provisions of this Agreement, the party agrees to notify the other parties of the claim as soon as possible but not later than thirty (30) days after the party receives the claim, consideration being given to the form of the claim and the time limits within which answer must be served. 5:\ATTY\AGREEMNT\FAC-U5E\Food Bank.10.doc -4- 10. REPAIRS AND MAINTENANCE The County agrees at its expense to make all routine repairs to the Facility, including structural, air conditioning, electrical, plumbing, sewer conditions, and all other repairs that may be required to be made. The Food Bank at its expense agrees to deliver to the County upon the termination of this Agreement, the Facility in a good state of repair and condition, ordinary wear and tear, and damage by the elements or fire excepted. The Food Bank shall keep the Facility at all times in a clean and orderly condition and appearance and all of the Food Bank's fixtures, equipment and personal property which are located on any part of the facility which are open or visible to the general public shall likewise be so kept and maintained. In the event that the Food Bank fails in any material respect to so clean the Facility within a period of thirty (30) days after notice from the County to do so, or fails in any material respect diligently to pursue to completion such action, then the County may, at its option, and in addition to any other remedies which may be available to it, clean all or any part of the Facility included in such notice, and cost shall be payable by the Food Bank immediately upon demand of the County. 11. ADDITIONAL COVENANTS OF FOOD BANK A. The Food Bank shall use and occupy the Facility solely for the purpose specified in Paragraph 2 of this Agreement. B. The Food Bank shall pay all applicable taxes, assessments on its operation as well as on goods, merchandise, fixtures, appliances, equipment and property owned by it and located in or about the Facility. 12. DEFAULT; TERMINATION Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party. In the event the County terminates this SAATTY\AGREEMNT\FAC-USE\Food Bank.10.doc -5- Agreement, the County shall have the right to re-enter or repossess the property during the period of the Food Bank's right to use thereof, either by force, summary proceedings, surrender or otherwise, and dispossess and remove therefrom the Food Bank or other occupants thereof, without being liable for any prosecution therefore and shall have the right to utilize the Facility as it determines to be in the best interests of the County. Should the County incur expenses in enforcing its rights hereunder, specifically including attorneys' fees and court costs (at the lower court and appellate levels), said expenses shall be borne by the Food Bank. 13. NON-DISCRIMINATION The Food Bank for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of face, color, national origin or sex shall be excluded from participation in, be denied the benefits or, or otherwise be subjected to discrimination in the use of the facilities. 14. CONFLICT OF INTEREST The Food Bank hereby represents and warrants that neither it nor any of its directors, officers, members, partners or employees has any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. The Food Bank further represents and warrants that in the performance of this Agreement, no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of the County of St. Lucie nor any person whose salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to this Agreement which affects his/her personal financial interest or the financial interest of any corporations, partnership or association in which he/she is, directly or indirectly, interested nor shall any such person have any financial interest, direct or indirect, in this agreement or in the proceeds thereof. 5AATTY\AGREEMNT\FAC-USE\Food Bank.10.doc IM 15. ASSIGNMENT No party may assign their rights or obligations under this Agreement without the written consent of the other parties which consent shall not be unreasonably withheld. Any attempt to effect an assignment without the County's prior written consent shall be deemed a default under this Agreement. 16. ENTIRE AGREEMENT This Agreement and the attachments hereto represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiation, understandings, and representations (if any) made by and between such parties. 17. AMENDMENTS The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 18. FURTHER ASSURANCES The parties hereby agree from time to time to execute and deliver such further and other transfers, assignment and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the terms of this Agreement. 19. BINDING EFFECT 5:\ATTY\AGREEMNT\FAC-U5E\Food Bank.10.doc dA All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. 20. NOTICES All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: AS TO ST. LUCIE COUNTY St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 AS TO THE FOOD BANK: Executive Director Treasure Coast Food Bank, Inc. 3051 Industrial 25th Street Fort Pierce, Florida 34946 WITH A COPY TO: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date telecommuniated if by telegraph, (c) on the date of 5:\ATTY\AGREEMNT\FAC-U5E\Food Bonk.10.doc transmission with confirmed answer bank if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. Whenever any party hereto is required to give its approval or disapproval to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of written requests for approval or approval shall be deemed to be granted. 21. HEADINGS The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 22. PRONOUNS In this Agreement, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, wherever it appears appropriate from the context. 23. SURVIVAL All covenants, agreements, representations and warranties made herein or otherwise made in writing by any party pursuant hereto shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 24. WAIVERS The failure or delay of any party prior to a period which would constitute Inches at any time to require performance by another party of any provision of this S:\ATTY\AGREEMNT\FAC-USE\Food Bank.10.doc la Agreement, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver by any party of any breach of any provision of this agreement should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any case shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. 25. GOVERNING LAW; VENUE This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have executed this Agreement on the day of , 2010. ATTEST: BY: Deputy Clerk 5AATTY\AGREEMNT\FAC-U5E\Food Bank.10.doc BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOP-IDA BY: -10- Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ATTEST: TREASURE COAST FOOD BANK, INC. BY: President 5:\ATTY\AGREEMNT\FAC-USE\Food Bnnk.10.doc -11- (SEAL) AGENDA REQUEST ITEM NO. VI-B-2 DATE: March 9, 2010 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: JoAnn Riley SUBMITTED BY (DEPT.): County Attorney Property Acquisition Manager SUBJECT: License Agreement Extension Dated March 5, 2005, Resolution No. 05-082 State Road 70 (Okeechobee Road) Widening Project BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: March 1, 2005 - Board of County Commissioners approved Resolution No. 05-082 for a License Agreement for restoration of County property in connection with the widening project on Okeechobee Road. RECOMMENDATION: Staff recommends the Board approve the License Agreement Extension and Resolution No. 10-070 with the Florida Department of Transportation, authorize the Chairman to execute the License Agreement Extension and Resolution No. 10-070 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [] APPROVED [ ] OTHER Approved 5-0 [x] County Attorney: : X Daniel McIntyre [x] Originating Dept: JoAnn Riley ° [ ] DENIED CONCURRENCE: Faye W. Outlaw MPA County Administrator Review and Approvals [x] Road and Bridge: Don Pauley [x] Engineering: M V f Mike Powley [x] Public Works: W. Don West [ ] Purchasing: PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: March 9, 2010 SUBJECT: License Agreement Extension Dated March 5, 2005, Resolution No. 05-082 State Road 70 (Okeechobee Road) Widening Project BACKGROUND: St. Lucie County and the Florida Department of Transportation (FDOT) have been working together to improve State Road 70 (Okeechobee Road) into a four (4) lane -divided highway. This project will offer significant transportation benefits to the County and all traveling public. FDOT is making improvements to Peacock Road and re -alignment of Midway Road from State Road 70, eastward, to the eastern boundary of the County Fairgrounds site. The License Agreement with FDOT dated March 5, 2005 was to allow for sloping, grading, tying in, harmonizing and reconnecting the Fairgrounds entrance to the realigned Midway Road as shown on the attached sketch. This License Agreement had an expiration date of July 31, 2010. Unfortunately, it appears the State Road 70 project will not be completed by then. FDOT is requesting the License Agreement be extended to June 30, 2015. RECOMMENDATION: Staff recommends the Board approve the License Agreement Extension and Resolution No. 10-070 with the Florida Department of Transportation, authorize the Chairman to execute the License Agreement Extension and Resolution No. 10-070 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Ann Riley Property Acquisition Manager VEY S.R. 70 STA 851-85.59 j NE VEY C.R. 7 1 2 STA 3 0.00. 00 06°24'2! f 112 FND. NAIL IN PVMT. L 632.99. 5,659.5E - GROVES 854.14.67 FL. PO CE N15°16'i 141. EASEXINTp 6 LIGHT OD' (L T) AND MIOTh EXACT LOCATION ph 45.0o D.e. 7, PC- 425 m' _- S 11 --- -�--- ------ 31------------- . 36 ' E - L \ N'Z . _ GROVt S o B54.14-67 _. -- - --- d�4 (LT) EXIST. R/W R LINE L.O.C. h cl0 e e„ °28E N 7 8 28-24` EXIST. o e v E 838 03 R/W LINE to ti o 855.78. 37 0 6L9 2 235.12'(RT) - eo 90. s c — — `� GROVES.: S 70°15'04 .E 217 /Y /�? 67 24 i85623. 2.36 528?4 N179-00. 8•_ — _ — R iW L i NE 862.45. BB �`- / 6 1 19.00 I FIT ) T) 854.65.15 �/ s9' 126 n 233.58-IRT) `f 36-3B ti 6 If RATED 9� 6..: p 02°25'51" L ..30.97' R - 73D..00' - C:49P31_'43" E _ X, 9S L • 659.18'- �, R . 730.00' CDR. ` LIb C.B. 5 64°39'35" E / o `- t's- py-1 2 p 38•II'50- 1Nf \ l L • .00' / R 730730:OD' ' C.B.-5 69°50'33- E / �34 / •23' p 21°09'O6.1 r / N 84°34•24•, E L • 2BI.23' \ O R 761.78' 6 5 HATCHED AREA TO BE USED AS 57. LUCIE COUNTY ROAD RIGHT OF WAY. Florida Department of Transportation CHARLIE GRIST GOVERNOR February 4, 2010 Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982-5632 3400 West Commercial Boulevard STEPHANIE C. KOPELOUSOS Fort Lauderdale, FL 33309-3421 SECRETARY REGARDING: License Agreement Number 910.IR Item Segment No.: 2302621 Section: 94030-2505 State Road No.: 70 (Okeechobee Road) County: St. Lucie Parcel No. 910.1 R Dear Commissioners: The Florida Department of Transportation thanks you for executing the License Agreement you signed on March 1, 2005. This License Agreement permits the Department to temporarily enter your property solely for the purpose of restoration of your property in connection with the SR 70 transportation construction project. Unfortunately, it appears that the SR 70 project will not be completed by the July 31, 2010 expiration date of that License Agreement. Therefore, the Department is asking you to sign and date the enclosed revised License Agreement that has an expiration date of June 30, 2015. Upon execution, return it to our office in the enclosed envelope. I have also included the previous License that was signed in March 2005 for reference. If you have any questions, call me at (954) 777 4277 or e-mail me at john.panos@dot. state.fl.us Sincerely yours, hJoPanos, Senior Appraiser cc: Property Management Agent Files Enclosures Certified Mail No.: 91 7108 2133 3932 0797 2328 www.dot.state.fl.us 1 09-L.11-12/97 This instrument prepared under the direction of: Laurice C. Mayes, Esq. Legal description prepared by: Grace K. Abel (12-07-09) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 910.1R Item/Segment No. 2302621 Section No. 94030-2505 Managing District: 04 S.R. No. 70 County: St. Lucie LICENSE This Agreement made the day of , 20 between ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is: 2300 Virginia Avenue, Fort Pierce, Florida 34982-5632, herein called licensor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called licensee. In consideration of the benefits accruing unto the licensor, the parties agree as follows: Licensor hereby grants to licensee a license to occupy and use, subject to all of the terms and conditions hereof, the following described premises: Parcel No. 910 Item/Segment No. 2302621 (Section No. 94030-2505) A portion of the Southeast One -Quarter (SE 1i) of Section 1, Township 36 South, Range 38 East, St. Lucie County, Florida, being more particularly described as follows: Commence at a set spike nail and washer in cut out marking the East One -Quarter (E 'i) Corner of said Section 1; thence North 89'53144" West along the North line of the Southeast One -Quarter (SE 1-4) of said Section 1, a distance of 1,47 6.72 feet to a point on a curve concave Northerly, having a chord bearing of South 49'31'43" East; thence Southeasterly along said curve, having a radius of 730.00 feet, through a central angle of 02'25'51", an arc length of 30.97 feet to the end of said curve and the POINT OF BEGINNING; thence South 06044'40" East, a distance of 343.93 feet; thence South 65'37134" East, a distance of 210.98 feet; thence North 39'16'26" East, a distance of 341.03 feet to a point on a curve concave Northerly, having a chord bearing of North 69'50133" West; thence Northwesterly along said curve, having a radius of 730.00 feet, through a central angle of 38'11'50", an arc length of 486.67 feet to the end of said curve and the POINT OF BEGINNING. The premises may be occupied and used by licensee solely for sloping, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto during the period beginning with the date first above written and continuing until completion of the transportation project, but not later than the last day of June 2015. The making, execution and delivery of this agreement by licensor has been induced by no representations, statements, warranties, or agreements other than those contained herein. This agreement embodies the entire understanding of the parties and there are no further or other agreements or understan dings, written or oral, in effect between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the said licensor has signed and sealed these presents the day and year first above written. ATTEST: Print Name: Clerk (or Deputy Clerk) ST. LUCIE COUNTY, FLORIDA By Its Board of County Commissioners By: Print Name: Its Chairperson (or Vice -Chairperson) L.12-12/97 This instrument prepared under the direction of: Laurice C. Mayes, Esq. Legal description prepared by: Grace K. Abel (12-07-09) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section No. Managing District: S.R. No. County: RE SOLUTION 10-070 ON MOTION of Commissioner seconded by Commissioner the following Resolution was adopted: 910.1R 2302621 94030-2505 04 70 St. Lucie WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 70 (Okeechobee Road), Item/Segment No. 2302621, Section No. 94030-2505, in St. Lucie County, Florida: and WHEREAS, it is necessary that certain lands now owned by St. Lucie County, be used temporarily by the State of Florida for the use and benefit of the State of Florida Department of Transportation: and WHEREAS, said use is in the best interest of the County: and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a license agreement, or agreements, in favor of the State of Florida, for the purpose of sloping, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements which are to be constructed, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, that the application of the State of Florida Department of Transportation for a license agreement or agreements are for transportation purposes which are in the public or community interest and for public welfare; that a license agreement or agreements, in favor of the State of Florida, in St. Lucie County, should be drawn and executed by this Board of County Commissioners. Consideration shall be $ zero BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of St. Lucie County, at a meeting held on the day of , 20 Print Name: Clerk Board of County St. Lucie Cou Commissioners tv. Florida 09-L.11-12/97 This instrument prepared under the direction of: Laurice C. Mayes, Esq. Legal description prepare by: Sigita Seeley (12-8-04) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 910.1 Item/Segment No. 2302621 Section No. 94030-2S05 Managing District: 04 S.R. No. 70 'County: St. Lucie LICENSE This Agreement made the I day of 200 , between ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is: 2 300 Virginia Avenue Fort Pierce Florida 34982-5632, herein called licensor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called licensee. In consideration of the benefits accruing unto the licensor, the parties agree as follows: Licensor hereby grants to licensee a license to occupy and use, subject to all of the terms and conditions hereof, the following described premises: Parcel No. 910 Item/Segment No. 2302621 (Segment No. 94030-2505) A portion of the Southeast One -Quarter (SE 1/) of Section 1, Township 36 South, Range 38 East, St. Lucie County, Florida, being more particularly described as follows: Commence at a set spike nail and washer in cut out marking the East One -Quarter (E y,) Corner of said Section l; thence North 89'S3144" West along the North line of the Southeast One -Quarter (SE V,,) of said Section 1, a distance of 1,4 76.72 feet to a point on a curve concave Northerly, having a chord bearing of South 49*311431, East; thence Southeasterly along said curve, having a radius of 730.00 feet, through a central angle of 02'25'S1" , an arc length of 30.97 feet to the end of said curve and the POINT OF BEGINNING; thence South 06`44'40" East, a distance of 343.93 feet; thence South 65`37134" East, a distance of 210.98 feet; thence North 39`16126" East, a distance of 341.03 feet to a point on a curve concave Northerly, having a chord bearing of North 69'50'33" West; thence Northwesterly along said curve, having a radius of 730.00 feet, through a central angle of 38*11,5011, an arc length of 486.67 feet to the end of said curve and the POINT OF BEGINNING. The premises may be occupied and used by licensee solely for sloping, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements which are to be constructed together with incidental purposes related thereto during the period beginning with the date first above written and continuing until completion of the transportation project, but not, later than the last day of July 2010. The making, execution and delivery of this agreement by licensor has been induced by no representations statements, warranties, or agreements other than those contained herein. This agreement embodies the entire understanding of the parties and there 'are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the said licensor has signed and sealed these presents the day and year first above written. ATTEST: Print N Clerk ( ST. LUCIE COUNTY, FLORID? By Its Board of County Commissioners Print Name: Its Chairperson (or Vice -Chairperson) L.12-1. This instrument prepared under the direction of: Laurice C. Mayes, Esq. Legal description prepare by: Sigita Seeley (12-8-04) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 910.1 Item/Segment No. 2302621 Section No. 94030-2505 Managing District: 04 S.R. No. 70 County: St. Lucie RE SOLUTION No. 05-082 ON MOTION of Commissioner Paula Lewis seconded by Commissioner Doug Coward the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 70 (Okeechobee Road), Item/Segment No. 2302621, Section No. 94030-2505, in St. Lucie County, Florida: and WHEREAS, it is necessary that certain lands now owned by St. Lucie County, Florida be used temporarily by the State of Florida for the use and benefit of the State of Florida Department of Transportation: and WHEREAS, said use is in the best interest of the County: and WHEREAS, the State of Florida Department of Transportation has made application to said County t o execute and deliver to the State of Florida Department of Transportation a license agreement, or agreements, in favor of the State of Florida, for the purpose of sloping, grading, tying in, harmonizing and reconnecting existing features of the licensor's property with the highway improvements which are to be constructed, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the application of the State of Florida Department of Transportation for a license agreement or agreements are for transportation purposes which are in the public or community interest and for public welfare; that a license agreement or agreements, in favor of the State of Florida, in St. Lucie County, should be drawn and executed by this Board of County Commissioners. Consideration shall be $ zero BE IT FURTHER RESOLVED t hat a certified copy of this Resolution be forwarded forthwith to the St -ate of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of St. Lucie Count , Florida at a meeting held on the -_ day of , 200 S A 11� AS To CFORM WL mm ATT Y r _ Print Name: Clerk Board of County Commissioners St. Lucie County Florida AGENDA REQUEST ITEM NO. VI-B-3 DATE: March 9, 2010 REGULAR(] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5, McIntyre SUBJECT: AXIA Software License Agreement with Pioneer Technology Group, LLC - Value Adjustment Board BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the AXIA Software License Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management 6 Budget Purchasing: _ Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.:. Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 10-0227 DATE: February 22, 2010 SUBJECT: AXIA Software License Agreement with Pioneer Technology Group, LLC - Value Adjustment Board BACKGROUND: As Clerk to the Value Adjustment Board ("VAB"), the Clerk of the Circuit Court has negotiated the purchase of application software needed to cover three distinct areas within the VAB process with Pioneer Technology Group, LLC. The proposed cost is approximately $56,900, broken down as follows: License Fee $40,500 Installation & Implementation Fee $ 5,300 Yearly Maintenance $ 11,100 The expense of the VAB are shared by the County (60%) and the School Board (40%). The Clerk has funds available to pay for the County's 60% share. The Clerk has discussed the proposed software purchase with the School Board and will invoice the School Board upon approval. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the AXIA Software License Agreement and authorize the Chairman to sign the Agreement. ^ Daniel/S. McInty County Attorney DSM/caf AXIA SOFTWARE LICENSE AGREEMENT between PIONEER TECHNOLOGY GROUP, LLC ("PTG") having its principal place of business at: 1100 Central Park Drive Sanford, Florida 32771 Facsimile: 407-321-7971 and ST. LUCIE COUNTY ("County") having its principal address at: 201 S. Indian River Drive Ft. Pierce, FL 34950 Facsimile: 772-462-1614 (1) Definitions and Identifications. For all purposes of this Agreement, unless the context specifically indicates otherwise, and in addition to other terms defined only within the internal text of this Agreement, the terms defined in this §1 shall be applicable: (a) Agreement — this Agreement, all exhibits thereto, and any and all subsequent duly executed amendments thereto. (b) Confidential Information — Copyrights, Trade Secrets, Technical Information, Technology, and any and all other confidential and/or proprietary information provided by one Person ("Discloser") to another Person ("Recipient") pursuant to this Agreement or otherwise, relating to, among other items, the research, development, products, processes, business plans, customers, finances, suppliers, and personnel data of or related to the business of Discloser, including, without limitation, the Software and all Documentation. Confidential Information does not include any information: (1) Recipient knew before Discloser provided it; (2) which has become publicly known through no wrongful act of Recipient; (3) which Recipient developed independently, as evidenced by appropriate documentation; or, (4) of which Recipient becomes aware from any third Person not bound by non -disclosure obligations to Discloser and with the lawful right to disclose such information to Recipient. Notwithstanding the foregoing, specific information will not be deemed to be within the foregoing exceptions merely because it is contained within more general information otherwise subject to such exceptions. (c) Copyrights— copyrighted and copyrightable materials, whether or not registered, published, or containing a copyright notice, in any and all media, and further including, without limitation, any and all moral rights and corresponding rights under international agreements and conventions, all Derivatives thereof, and any and all applications for registrations, registrations, and/or renewals of any of the foregoing. (d) Deliverables — those components, milestones, and/or materials, including, without limitation, the Software, Documentation, Maintenance Modifications, and Enhancements to be completed by one Party and delivered or otherwise provided to the other Party in accordance with the terms of this Agreement and/or an effective Maintenance Agreement. Deliverables can mean either Deliverables required from PTG ("PTG Deliverables") or Deliverables required from County ("County Deliverables"). (e) Derivatives — any and all adaptations, enhancements, improvements, modifications, revisions, or translations, whether to Intellectual Property or otherwise. (f) Documentation — manuals, user guides, and other documentary materials for use with the Deliverables, including, without limitation, all Derivatives thereof. (g) Enhancements — changes or additions, other than Maintenance Modifications, to Software and related Documentation, including, without limitation, all new releases, that improve functions, add new functions, or significantly improve performance by changes in system design or coding; provided, however, that Enhancements do not include any New Product. (h) Error— (1) any error or defect resulting from an incorrect functioning of Software caused by the Software's failure to meet a Functional Specification therefor; or, (2) any error or defect resulting from an incorrect or incomplete statement in Documentation caused by the failure of the Software and/or the Documentation to meet a Functional Specification therefor. -1- (i) Field of Use — the Field of Use described in the License Summary. Q) Functional Specifications — the design and/or performance criteria for and qualities of the Software described as Functional Specifications in the License Summary. (k) Intellectual Property— (1) Trade Secrets, (2) Copyrights, (3) Derivatives, (4) Documentation, (5) Patents, (6) Software, (7) Technical Information, (8) Technology, and (9) any and all proprietary rights relating to any of the foregoing. (1) County — the County executing this Agreement. (m) County Data — all data of County, whether proprietary or non-proprietary to County, converted to the System. (n) County Materials — all County Data and all Derivatives thereof. (o) License Summary— the License Summary attached hereto as Exhibit 1. (p) Maintenance Agreement— a separate written agreement setting forth the terms and conditions under which maintenance services for the Software will be provided by PTG to County after the expiration of the Warranty Period. (q) Maintenance Modification — any modification or revision (except to the extent the same constitutes an Enhancement or a New Product) to Software or Documentation that corrects Errors, supports new releases of the operating systems with which the Software is designed to operate, supports new input/output (1/0) devices, or provides other incidental updates and corrections. (r) Material Breach — failure by a Party to perform any requirement, duty, or obligation upon it as provided for in this Agreement, other than as excepted pursuant to the provisions of §15 (Excusable Delays) of this Agreement. (s) New Product. Any change or addition to Software and/or related Documentation that: (1) has a value or utility separate from the use of the Software and Documentation; (2) as a practical matter, may be priced and offered separately from the Software and Documentation; and, (3) is not made available to PTG's Countys generally without separate charge. In the event of any disagreement between the Parties with respect to whether a particular change or addition constitutes a New Product, the good faith determination of such issue by PTG shall be final, binding, and conclusive. New Products are functional enhancements to the Axia System which effect something other than the standard operability of the system as it applies to the management of those file types described in the Software License Summary, attached hereto as Exhibit 1. In the event of any disagreement between the Parties with respect to whether a particular change or addition constitutes a New Product, the good faith determination of such issue by PTG shall be final, binding, and conclusive. (t) Party — either PTG or County, and "Parties" means both of the same. (u) Patents — all patentable materials, letters patent, and utility models, including, without limitation, all reissues, continuations, continuations -in -part, renewals, Derivatives, and -2- extensions of any of the foregoing, and all applications therefor (and patents which may issue on all such applications). (v) Person — an individual, partnership, corporation, association, joint stock company, limited liability company, trust, joint venture, unincorporated organization, or any governmental agency or authority. (w) Scope of Services — the written description and specifications for the System, including, without limitation, the Deliverables and Functional Specifications, and all milestone, delivery, and acceptance schedules, as described in the License Summary. (x) Software — includes, as applicable, all PTG software and all Third Party Software supplied by PTG pursuant to this Agreement. Software shall include any Maintenance Modification or Enhancement thereto created by PTG from time to time during the Warranty Period of this Agreement and/or thereafter during the term of any effective Maintenance Agreement. The term "Software" does not include New Products except to the extent added to the Software by separate agreement of the Parties as to additional fees, terms, and conditions. (y) Software Acceptance Date — the date of final acceptance of the System by County as described in §4(e) of this Agreement. (z) System — the Software system developed by PTG in accordance with the Scope of Services for use by County in the Field of Use and solely in the Territory pursuant to the terms and conditions of this Agreement. (aa) Taxes — all federal, state, local, or foreign income, gross receipts, license, payroll, employment, excise, severance, stamp, occupation, premium, windfall profits, environmental, customs duties, capital stock, franchise, profits, withholding, social security (or similar taxes), unemployment, disability, real property, personal property, sales, use, transfer, registration, value added, alternative or add -on minimum, estimated, or other taxes of any kind, including, without limitation, any interest, penalty, or addition thereto, whether or not disputed. (ab) Technical Information — know-how, data, and other technical information including, without limitation: (1) engineering documentation, such as development records, production software information, algorithms, flow charts, design information, drawings, specifications, and data sheets; (2) manufacturing documentation such as manufacturing drawings, instructions, specifications, procedures, methods, standards documentation, tooling and fixture drawings, process specifications and instructions; and, (3) quality and reliability documentation such as quality plans, specifications, instructions, procedures, test plans, test records and regulatory documentation; and further including any and all Intellectual Property therein or relating or referring thereto. (ac) Technology — know-how, show -how, procedures, systems, processes, Trade Secrets, inventions (whether or not patentable and whether or not reduced to practice), algorithms, formulae, research and development data, manufacturing, development, and production techniques, and all other proprietary information relating thereto, and further including any and all Intellectual Property therein or relating or referring thereto. (ad) Territory — the Territory described in the License Summary -3- (ae) Test Validation Criteria — the acceptance criteria for the PTG Deliverables, including, without limitation, the Software, set forth in the Scope of Services. (af) Third Party Software — software utilized in tandem with the Software, and necessary to enable the Software to perform the Functional Specifications, supplied either by PTG with the Software or by County independently of PTG. (ag) Trade Secrets — shall have the meaning set forth in applicable statutory law, if any, and, if not, as defined by applicable common law; provided, however, that, where both statutory and common law may be applicable, the broadest possible definition shall apply. (ah) Trademarks — trademarks, service marks, logos, trade names, and/or domain names including, without limitation, any and all common law and/or statutory rights therein and any and all applications to register and/or registrations therefor, anywhere within or outside of the Territory. (ai) Warranty Period — the ninety (90) day period commencing on the Software Acceptance Date. (2) Agreement to License. This Agreement provides for the license of Software, by PTG to County, in accordance with the terms and conditions of this Agreement. PTG shall license to County, and County shall license from PTG, the Software as described on the attached License Summary. County may license additional Software hereunder by execution of a subsequent License Summary. (3) Fees, Installation Charges, and Taxes. (a) License Fees. The license fees for the initial items of licensed Software are set forth on the License Summary. Subsequent orders shall be at the fees in effect at the time of receipt by PTG of any applicable subsequent License Summary executed by County and PTG. Fees resulting from the provision by PTG to County of Third Party Software are passed through by PTG to County, and, in that context, such fees payable by County shall increase, and such increase shall be payable, as and to the extent of any such fee increases payable by PTG. (b) Installation Fees. County shall also pay for installation of Software at the then prevailing fees, plus any travel expenses required, including reasonable mileage, air fare, meals, lodging, and similar expenses. In the event County is a governmental agency or authority, travel expenses shall be limited in amount by applicable federal or state statutory requirements. (c) Taxes. County is additionally liable for any applicable federal, state, or local Taxes (exclusive of income or gross receipts Taxes properly payable by PTG) and other fees or assessments incurred as a result of the license or use of the Software by County. (4) Delivery and Acceptance. (a) Delivery. Each Party shall timely perform delivery of its required Deliverables in accordance with the Scope of Services, including the delivery schedule specified therein. County shall pay or reimburse PTG for all costs of shipping Software to County, including freight, insurance, and special packaging charges, if any. The carrier, method of shipment, and other matters relating to shipment shall be determined by PTG. County is responsible for -4- movement into or within County's premises, site preparation per PTG requirements, and other site expenses required for installation. (b) Testing. Testing of PTG Deliverables shall be completed by County in accordance with the Test Validation Criteria within fifteen (15) days following initial delivery to County. (c) Initial Acceptance. Within twenty (20) days following initial delivery to County, County shall either: (i) accept the PTG Deliverables in writing; or, (ii) reject the PTG Deliverables and provide PTG with a statement of Errors resulting in operation not in conformance with the Test Validation Criteria. Failure by County to provide the rejection and statement of Errors within the twenty (20) day period provided herein shall be deemed to be acceptance by County of the PTG Deliverables. PTG will correct any Error and redeliver the affected Deliverables to County within thirty (30) days following receipt of the statement of Errors. County shall, within ten (10) days following such redelivery, retest and accept or reject the redelivered PTG Deliverables in accordance with the procedures set forth herein. Failure by County to provide a statement of either acceptance or Errors within ten (10) days following redelivery of the PTG Deliverables shall be deemed to be acceptance by County of the PTG Deliverables. (d) Installation. Within thirty (30) days following acceptance of the PTG Deliverables, PTG shall install the System at the County's facilities for final acceptance testing. (e) Final Acceptance. Within ten (10) days following completion of installation, County shall either: (i) accept the System in writing; or, (ii) reject the System and provide PTG with a statement of Errors resulting in operation not in conformance with the Test Validation Criteria. PTG will correct any Error and redeliver the System to County within thirty (30) days following receipt of the statement of Errors. County shall, within ten (10) days following such redelivery, accept or reject the redelivered System in accordance with the procedures set forth herein. Failure by County to provide a statement of acceptance or Errors within either of the ten (10) day periods specified herein shall be deemed to be final acceptance by County of the System. (5) Payment. (a) Initial License Summary. Payment of Software license fees, installation fees, and other fees on the initial License Summary will be made in installments as follows: (i) All License Fees are due upon delivery of the product to the County. (ii) Fees for installation of the software including data conversion, system implementation, training, and forms generation, as indicated on the PTG License Summary, will be billed monthly as incurred and are payable within thirty (30) days following invoice by PTG. Payments for all Third Party Software provided by PTG as described in the License Summary shall be payable at least thirty (30) days prior to due date for payment by PTG to PTG's provider. (b) Subsequent License Summary. Payment of license fees, installation fees, and other fees to PTG on any subsequent License Summary shall be made as specified in such subsequent License Summary. -5- (c) Ancillary Charges and Out of Pocket Expenses. Notwithstanding §5(a) of this Agreement, all ancillary charges (e.g., additional training charges) and all out of pocket expenses of PTG (e.g., certain travel expenses) which are payable by County hereunder shall be due and payable within thirty (30) days following invoice by PTG. (d) Failure of Payment. In the event payment is not made as specified in this Agreement, County shall pay interest at the rate of one and one-half percent (1.5%) per month (or the highest applicable legal rate, whichever is lower) on the outstanding overdue balance for each month or part thereof that such sum is overdue; provided, however, that if County is a governmental agency or authority subject to a "Prompt Payment" or similar statutory requirement for the transaction contemplated in this Agreement, such statutory requirement shall control to the extent the same is inconsistent with the requirements of this §5(d). (6) Warranty, Exclusions, and Disclaimer. (a) Software Warranty. PTG warrants that the Software delivered hereunder shall conform to the Functional Specifications set forth in the License Summary and will be free of Errors during the Warranty Period. PTG's sole obligation and responsibility to County under the foregoing warranty is to remedy, at no cost to County, any such Error reported to PTG during the Warranty Period. Notwithstanding the foregoing or any other term or provision of this Agreement, with respect to Third Party Software provided by PTG hereunder, PTG makes no warranties, but shall, to the extent legally permitted, pass through to County all warranties provided by the original licensor/manufacturer. (b) Software Warranty Exclusions. The foregoing warranties do not apply to any of the following: (i) Damage arising from any cause beyond PTG's reasonable control, including, without limitation, damage due to the improper operation or use of Software by County, abuse or misuse of Software other than as designed or intended, malfunctions caused by alteration or tampering, or any reason specified in §15 (Excusable Delays) of this Agreement. (ii) Damage resulting from movement of Software after its initial installation. (iii) Malfunction or breakdown of Software due to attachment to, or addition or use of, software not supplied by PTG with the Software, or as a result of attachment of the Software to hardware or software by anyone other than PTG, or as a result of hardware associated problems. (iv) Damage, malfunction, or breakdown of Software due to improper operating environment, including, without limitation, temperature, humidity, dust, or static charge. than PTG. (v) Destruction or damage, in whole or in part, of Software by any Person other (c) SOFTWARE WARRANTY DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS §6 AND IN §12 OF THIS AGREEMENT, PTG DISCLAIMS AND COUNTY WAIVES ALL WARRANTIES ON THE SOFTWARE FURNISHED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND LICENSES THE -6- SOFTWARE "AS IS" AND "WITH ALL FAULTS." IN NO EVENT SHALL PTG'S LIABILITY UNDER THIS §6, IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO ANY ITEM OF SOFTWARE, EXCEED THE LICENSE FEE PAID HEREUNDER TO PTG FOR SUCH ITEM OF SOFTWARE, REDUCED BY THREE PERCENT (3%) FOR EACH MONTH OR PORTION THEREOF FOLLOWING THE SOFTWARE ACCEPTANCE DATE THEREOF UNTIL THE EFFECTIVE DATE PTG IS NOTIFIED OF THE APPLICABLE CLAIM BY COUNTY. PTG SHALL NOT BE LIABLE IN ANY EVENT FOR DAMAGES RESULTING FROM LOSS OF DATA, LOSS OF PROFITS, AND/OR LOSS OF USE OF PRODUCT, OR FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF PTG'S LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE. THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF PTG ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, AND/OR PERFORMANCE OF THE SOFTWARE. ALL RIGHTS OF REVOCATION OF ACCEPTANCE UNDER THE UNIFORM COMMERCIAL CODE ARE EXPRESSLY SUPERSEDED BY COUNTY'S RIGHTS AND PTG'S OBLIGATIONS AS REFERENCED IN THIS §6. EXCEPT AS STATED IN THIS §6, THE RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS UPON COUNTY, AND COUNTY UNDERSTANDS THAT THE FEES CHARGED HEREUNDER BY PTG SPECIFICALLY REFLECT THE ALLOCATION OF RISK AND EXCLUSION OF DAMAGES PROVIDED FOR IN THIS §6. (7) Functional Specifications. (a) Functional Specifications. PTG shall provide guidance and assistance to County and County shall complete all associated tasks requested by PTG for the purpose of defining and approving all Functional Specifications for each of the items of Software licensed by County from PTG hereunder. (b) Customized Software. County understands that such Functional Specifications shall be defined in accordance with PTG standard applications and that any application and/or communication and/or functions not currently supported by PTG shall be considered "customized" and, as such, may incur additional costs and delivery schedules beyond those stated and agreed to by PTG. (8) Training. PTG shall provide County with one full day of classroom training (up to ten (10) hours) in the operation and maintenance of the Software for one class of up to eight (8) County employees, at County's facilities at which the Software is installed. County may request additional training time and/or additional personnel to be trained, provided that any such additional training shall be chargeable to County at PTG's then current fee for the requested training, plus reasonable travel expenses if such training occurs anywhere other than PTG's facilities. (9) Maintenance Agreement. County shall execute a Software Maintenance Agreement at the time this Agreement is executed. Separate fees for Software maintenance will commence as specified in the Maintenance Agreement. After that it will be the Countys option to renew or not renew the Maintenance Agreement. Should the County choose to not renew the Maintenance Agreement the Software License shall remain in effect. The County or other parties working on behalf of the County, during any time not covered by a Maintenance Agreement, cannot modify the software code. PTG staff will correct code changes and any bug fixes during such times not covered by a Maintenance Agreement, at the then prevailing hourly -7- rate as published by PTG from time to time. At any time the County may opt to renew the Maintenance Agreement, after having chosen to not renew, by paying the fees associated with all of the time frames since the time of non -renewal. Additionally at the time of renewal PTG may, at its option, require a code review to be performed by PTG personnel, to insure that no change to the software has been made. (10) Software License. (a) Background. PTG and/or its suppliers have designed, developed, and made available proprietary computer Software containing Trade Secrets of PTG and/or its suppliers. Use of this Software is strictly governed by the terms of this Agreement. No title or ownership in the Software is transferred to County. The License granted hereby is for County's internal use only, and only in the Territory and the Field of Use. County shall not copy or in any way duplicate the Software, except for necessary backup and archival procedures (non -printed, machine readable form) approved by PTG in advance, and in writing, which approval shall not be unreasonably withheld. In connection with any such permitted copy, County shall reproduce and incorporate all Trade Secret and/or Copyright notices, and the same shall be subject to all of the terms and conditions of this Agreement. All copies made by County of the Software and any Documentation, including, without limitation, all translations, compilations, partial copies, etc., are the exclusive property of PTG. Software, Documentation, and all copies thereof may not be assigned, conveyed, relicensed, sublicensed, published, disclosed, displayed, or otherwise transferred (voluntarily, involuntarily, by operation of law, or otherwise) by County for the benefit of a third Person. County shall not permit any other Person (exclusive of County's employees and necessary contractors acting in the proper scope of their services to County) to use the Software, Documentation, or any copy thereof, whether in the operation of a service bureau or otherwise, or permit access to the Software through terminals outside of County's business premises. County shall secure and protect the Software licensed hereunder and all copies thereof and all Documentation relating thereto in a manner consistent with the full preservation of PTG's rights therein, and shall take such appropriate action, by instruction or agreement, with its employees and necessary contractors as shall be reasonably requested by PTG in order to protect PTG's rights therein. County shall not adapt, modify, reverse engineer, decompile, or disassemble, in whole or in part, any of the Software and/or any Documentation. County is entitled to all Enhancements and/or Maintenance Modifications to the Software and Documentation as are expressly provided for in this Agreement or in any effective Maintenance Agreement between PTG and County. County is not entitled to any New Product (or other product of PTG) hereunder, under any Maintenance Agreement, or otherwise, except pursuant to a separate written agreement with PTG and separate payment therefor. (b) License. PTG grants County, during the term of the grant of license specified herein, a nontransferable and nonexclusive license for use of the Software (machine readable version) and Documentation therefor, solely by County in accordance with the terms and conditions of this Agreement. Such use shall be limited to County only, and only within the Territory and the Field of Use. The term of the grant of license herein shall remain in effect until termination pursuant to the express provisions of this Agreement. Title to the Software remains in PTG. PTG shall be the sole and exclusive owner of all rights to Patents, Copyrights, Trademarks, Trade Secrets, and all other Intellectual Property rights in the Software and in all Maintenance Modifications and Enhancements thereto. (c) Third Party Software. County shall execute all documents reasonably requested by PTG and will abide by all reasonable requirements with respect to all Third Party Software -8- licensed or sublicensed by PTG to County hereunder, or necessary to the performance of the Software hereter in all reaccordance with uired licenses andeapprovlonal als oSalea'ppla able third Personstions, and County agrees to maintain in effectq (11) Restrictions Upon Disclosure of Confidential Information. (a) Protection. Recipient shall use commercially reasonable care, but in no event less than the same degree of care it uses to protect its own most confidential and proprietary information, to prevent the unauthorized use, disclosure, publication, or dissemination of Discloser's Confidential Information. Recipient shall provide Discloser's Confidential Information to its employees and necessary contractors only on a "need to know" basis, and always subject to the terms of this Agreement. Recipient agrees to accept and use Discloser's Confidential Information solely in connection with Recipient's participation in, and solely with respect to, this Agreement. Recipient shall inform its employees and necessary contractors of the obligations contained within this §11 (a), and shall take such steps as may be reasonably requested by Discloser to prevent unauthorized disclosure, copying, or use of Discloser's Confidential Information. Recipient acknowledges that, in the event of a breach by Recipient of its obligations under this §11, in addition to any other right or remedy available to Discloser, at law or in equity, Discloser will suffer irreparable injury, and shall be entitled to preliminary and final injunctive relief (without bond except as otherwise required by applicable law) in order to prevent any further or other breach of this §11 or any unauthorized use of Discloser's Confidential Information. Recipient shall notify Discloser immediately upon discovery of any prohibited use or disclosure of any of Discloser's Confidential Information, or any other breach of the requirements of this §11 by Recipient (including, without limitation, by any contractors), and shall fully cooperate with Discloser to assist Discloser in regaining possession of its Confidential Information and to prevent further unauthorized use or disclosure of the same. (b) Limited Disclosure. Recipient may disclose Confidential Information of Discloser if and to the extent required by any judicial or administrative governmental request, requirement, or order, provided that Recipient shall take reasonable steps to provide Discloser sufficient prior notice in order to enable Discloser to contest such request, requirement, or order. Recipient shall, except as otherwise expressly provided by the terms of this Agreement, return all tangible Discloser Confidential Information, including, without limitation, all computer programs, documentation, notes, plans, drawings, and copies thereof, to Discloser immediately upon Discloser's request. (c) Ownership. All Discloser Confidential Information, including, without limitation, any and all adaptations, enhancements, improvements, modifications, revisions, or translations thereof created by Discloser or Recipient, shall be and remain the property of Discloser, and no license or other rights to such Confidential Information is granted or implied hereby. Except as otherwise expressly provided in this Agreement, all Discloser Confidential Information is provided "AS IS" and without any warranty, express, implied, or otherwise, regarding its accuracy or performance. (d) Survival. The obligation of Recipient to maintain the confidentiality of Discloser's Confidential Information shall survive the expiration or termination of this Agreement indefinitely, unless and until: (i) such Confidential Information shall cease to be Confidential Information; or, (ii) otherwise agreed to in writing by Discloser. (12) Intellectual Property Rights. -9- (a) Warranty. PTG warrants and represents to County that, to PTG's knowledge, the Software does not infringe upon any Intellectual Property of any other Person; provided, however, that no warranty is provided by PTG in this §12 with respect to any Third Party Software, but PTG shall, to the extent legally permitted, pass through to County any infringement warranty with respect to all Third Party Software provided by the original licensor/manufacturer. The foregoing warranty of PTG shall be ineffective if any of the Software delivered by PTG hereunder has been modified, altered, or otherwise changed by County (or on behalf of County by any Person other than PTG). Notwithstanding the foregoing, PTG will have no liability or obligation under this §12 where any claim of infringement is based upon: (i) the combination, operation, or use of the Software with any Intellectual Property other than PTG Intellectual Property, if such claim would have been avoided but for such combination, operation, or use; and/or, (ii) any Derivative of any PTG Intellectual Property created by any Person other than PTG. PTG shall have sole control over the selection of counsel and the defense of any legal proceeding or other claim described herein and any settlement thereof, and County shall provide PTG with all reasonable assistance in the defense of the same. (b) Remedy. In the event of a breach by PTG of the warranty contained within §12(a) hereof, PTG shall have the right, as County's sole remedy against PTG, at PTG's sole election, to: (i) modify the allegedly infringing Software to be non -infringing, provided that such modification does not adversely impact the functionality of the Software licensed to County hereunder in any material respect; or, (ii) obtain a license to enable County to continue to use the applicable Software as contemplated in this Agreement, provided that PTG shall have no obligation to obtain such license in the event annual payments or royalties for such license would exceed twenty-five percent (25%) of the annual amount paid by County to PTG under the Maintenance Agreement (unless County agrees to pay any and all such excess costs), and then only if and to the extent any such Maintenance Agreement remains in effect. In the event PTG fails to accomplish either of the foregoing alternatives within a commercially reasonable period, or if a permanent injunction shall be entered against the use of the Software by County, the license granted to County pursuant to this Agreement shall terminate on notice by either Party to the other Party, and, in such event, PTG shall refund to County the license fee provided for in §3(a) of this Agreement, less: (i) three percent (3%) thereof for each month, or part thereof, from the Software Acceptance Date to the effective date of termination; and less, (ii) all amounts paid by PTG to County pursuant to §6 of this Agreement. (c) Notification. County shall promptly notify PTG of any claim described in this §12 which comes to the attention of County. (d) LIMITATION OF LIABILITY. OTHER THAN WITH RESPECT TO ITS EXPRESS OBLIGATIONS UNDER THIS §12, IN NO EVENT SHALL PTG BE LIABLE TO COUNTY IN CONNECTION WITH ANY CLAIM OR OTHER MATTER DESCRIBED IN THIS §12. IN NO EVENT SHALL PTG BE RESPONSIBLE TO COUNTY FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF PROFITS, AND/OR LOSS OF USE OF PRODUCT) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. (e) Survival. The provisions of this §12 shall survive the expiration or other termination of this Agreement. (13) Protection of Software. (a) PTG Ownership. As between PTG and County, PTG shall be the sole owner of all right, title, and interest in and to the Software, the Documentation, and any and all copies or -10- Derivatives therein or thereof, created by either Party, exclusive only of the County Materials. County hereby irrevocably grants, transfers, and assigns to PTG, without reservation, all worldwide ownership rights, title, and interest, including, without limitation, any and all Patent, Copyright, Trademark, and/or Trade Secret rights, which County may have or acquire, by operation of law or otherwise, in and to any or all of the Software, the Documentation, and in and to any other Intellectual Property of PTG, along with the good will of the business appurtenant to the use of any of the same. County further hereby irrevocably transfers and assigns to PTG any and all moral rights County may have in and to such Software, the Documentation, and in and to any other Intellectual Property of PTG, and hereby forever waives and agrees never to assert any moral rights it may have therein, either prior to or following the termination of the licensenAgreement. to formally transfershall, h a the request ghts to PTG of PTG, executeto any and all documentation necessary (b) County Ownership. As between PTG and County, County shall be the sole owner of all right, title, and interest in and to all County Materials. PTG hereby irrevocably grants, transfers, and assigns to County, without reservation, all worldwide ownership rights, title, and interest, including, without limitation, any and all Intellectual Property rights, which PTG may have or acquire, by operation of law or otherwise, in and to any or all of the County Materials, along with the good will of the business appurtenant to the use of any of the same. PTG further hereby irrevocably transfers and assigns to County any and all moral rights PTG may have in such County Materials, and hereby forever waives and agrees never to assert any moral rights it may have therein, even after termination of the license granted pursuant to this Agreement. PTG shall, at the request of County, execute any and all documentation necessary to formally transfer such rights to County. (c) Protection of PTG Intellectual Property. PTG shall have the right, but not the obligation, to file and prosecute all rights in and to any or all of its Intellectual Property, in its own name and at its own cost, within and outside of the Territory. County shall cooperate with PTG, at the request of PTG, in providing any information, documentation, or other assistance to PTG reasonably necessary to enable PTG to file and prosecute any and all such rights. County has no right to file or prosecute, in its own name, on behalf of PTG, or otherwise, any right in or to any or all of the Intellectual Property of PTG without the prior consent of PTG in each instance, which consent may be withheld in the sole and absolute discretion of PTG. (d) Enforcement of PTG Intellectual Property. PTG shall have the right to enforce its Intellectual Property throughout the Territory and elsewhere, in its own name, against any and all third Persons whose activities: (i) violate, infringe, unfairly compete with, or are likely to violate, infringe, or unfairly compete with any or all of the Software licensed to County hereunder; or, (ii) cause, or are likely to cause, harm, injury, or damage to, County or PTG. County shall promptly notify PTG in writing of any such third Person violation, infringement, or unfair competition of which County acquires knowledge. PTG shall have the right to refrain from taking any such action, if, in the determination of PTG, such requested action cannot be undertaken without unreasonable expense or risk to PTG and/or to the Software, the Documentation, and/or any other Intellectual Property right of PTG. County shall not have the right to undertake any such action, whether at its own expense, in its own name, on behalf of PTG, or otherwise, without, in each instance, the prior consent of PTG, which consent may be withheld in the sole and absolute discretion of PTG. (14) License Termination. PTG or County may terminate County's license as granted herein if County commits any Material Breach of the terms and conditions of this Agreement. Upon notice of termination, County shall discontinue all use of the Software and shall -11- immediately return to PTG all copies of the Software, all related Documentation, and all other materials which contain any Confidential Information of PTG in County's possession or control. In such event, County shall also permanently delete all copies of all such items residing in County's on or off line computer memory. PTG shall be entitled to enter into any location controlled by County to repossess and remove all Software, Documentation, and any other Confidential Information of PTG, and/or to deactivate any Software. County shall, within five (5) days following the effective date of termination of County's license hereunder, certify in writing to PTG, by an executive officer of County, that all copies of the Software and all Documentation, and all other materials required to be returned to PTG hereunder or to be deleted have been returned or deleted as appropriate. Upon completion of all payments to PTG, in a timely manner, as described in this License Agreement and all attachments hereto, for fees associated with the Licensing and installation of Benchmark then a breach of contract for any terms of this agreement other than Paragraph (5) (11) or (13) of this License Agreement will not result in a loss of use of the Benchmark product by the County. (15) Excusable Delays. Notwithstanding any other term or provision of this Agreement, PTG shall not be liable for delays in delivery, failure to deliver, or otherwise to perform any obligation hereunder when such delay or failure arises from causes beyond the reasonable control of PTG, including, without limitation, such causes as acts of God or public enemies, labor disputes, supplier or material shortages, embargoes, rationing, acts of local, state or national governments or public agencies, utility or communication failures, fire, flood, storms, earthquake, settling of walls or foundations, epidemics, riots, terrorism, civil commotion, strikes, or war. (16) Miscellaneous Provisions. (a) Materiality of Breach. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and, therefore, is a material term hereof. (b) Governing Law. This Agreement is to be governed by and construed and enforced in accordance with the internal laws of the state of Florida, without giving effect to the principles of conflicts of laws thereof. (c) ARBITRATION. UPON THE DEMAND OF EITHER PARTY HERETO, ANY ACTION OR PROCEEDING SEEKING TO ENFORCE OR TO INTERPRET ANY PROVISION OF THIS AGREEMENT OR ANY RIGHT OR OBLIGATION, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OR OBLIGATION, OF ANY PARTY UNDER OR PURSUANT TO THIS AGREEMENT OR ARISING OUT OF PTG'S RELATIONSHIP HEREUNDER WITH COUNTY, SHALL BE DETERMINED EXCLUSIVELY BY ARBITRATION CONDUCTED BY AND UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION; PROVIDED, HOWEVER, THAT ARBITRATION SHALL, AT PTG'S OPTION, NOT BE REQUIRED IN ANY ACTION OR CLAIM BY PTG WHICH INCLUDES A REQUEST FOR INJUNCTIVE, EQUITABLE, OR OTHER EMERGENCY RELIEF. (d) Binding upon Successors and Assigns. Subject to, and unless otherwise provided in, this Agreement, each and all of the covenants, terms, and provisions contained -12- herein shall be binding upon, and inure to the benefit of, the successors and assigns of the Parties hereto. (e) Severability. If any provision of this Agreement shall be invalid or unenforceable, such provision shall be deemed limited by construction in scope and effect to the minimum extent necessary to render the same valid and enforceable, and, in the event no such limiting construction is possible, such invalid or unenforceable provision shall be deemed severed from this Agreement without affecting the validity of any other term or provision hereof. (f) Entire Agreement. This Agreement, together with the License Summary, constitute the entire understanding and agreement of the Parties hereto with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements, and conditions, express or implied, written or oral, between the Parties with respect thereto. The express terms hereof control and supersede any course of performance or usage of trade inconsistent with any of the terms hereof. This Agreement may be executed in any number of counterparts, each of which shall be an original as against any Party whose signature appears thereon, and all of which together shall constitute one and the same agreement. (g) Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the Party to be bound thereby. The waiver by a Party of any breach hereof or default hereunder shall not be deemed to constitute a waiver of any other breach or default. The failure of any Party to enforce any provision hereof shall not be construed as or constitute a waiver of the right of such Party thereafter to enforce such provision. (h) Notices. Whenever any Party hereto desires or is required to give any notice, demand, consent, approval, satisfaction, statement, or request with respect to this Agreement, each such communication shall be in writing and shall be effective only if it is delivered by personal service (which shall include delivery by delivery service, over -night delivery service, telecopy, or telefax) or mailed, by United States certified mail, postage prepaid, and addressed to each Party at its notice address provided on the cover page of this Agreement. Such communications, when personally delivered, shall be effective upon receipt, but, if sent by certified mail in the manner set forth herein, shall be effective three (3) days following deposit in the United States mail. Any Party may change its address for such communications to another address in the United States of America by giving notice thereof to the other Party in accordance with the requirements of this section. (i) Construction of Agreement. This Agreement has been negotiated by the respective Parties hereto, and the language hereof shall not be construed for or against any Party. The titles and headings herein are for reference purposes only, and shall not in any manner limit the construction of this Agreement which shall be considered as a whole. 0) Further Assurances; Cooperation. Each Party hereto shall execute such further instruments, documents, and agreements, and shall provide such further written assurances, as may be reasonably requested by the other Party to better evidence and reflect the transactions described herein and contemplated hereby, and to carry into effect the intents and purposes of this Agreement. -13- (k) Non -Solicitation. County shall not solicit the employment or services of, nor employ or otherwise retain, any employee or former employee of PTG who has been directly or indirectly involved in the development, licensing, installation, or support of any PTG software product, such bar to remain in effect for a period ending two (2) years following the latter of the: (i) date of termination of such individual's employment relationship with PTG; or, (ii) Software Acceptance Date. (1) Independent Contractor Status. County hereby retains PTG as an independent contractor to County, and PTG hereby accepts such appointment. It is the intention of the Parties hereto that their relationship, as created by this Agreement, is that of an independent contractor and contractee, and this Agreement shall not create any other relationship, whether partnership, joint venture, agency, or otherwise, between the respective Parties hereto. Neither Party shall hereby acquire any authority, whether actual, express, implied, or apparent, to bind or otherwise obligate the other Party in any capacity. PTG shall be entitled to list County in any designation of PTG Countys, in advertising or other published materials of PTG. (m) Absence of Third Party Beneficiary Rights. No provision of this Agreement is intended or shall be construed to provide or create any third party beneficiary right or any other right of any kind in any Person other than the Parties and their proper successors and assigns, and all terms and provisions hereof shall be personal solely between the Parties to this Agreement and such proper successors and assigns. (n) Effect of License Termination. No termination of the Software license granted in this Agreement shall terminate the continuing operation or effect of any other provision of this Agreement, or shall deny to any Party hereto the right to enforce any of its rights granted pursuant to this Agreement, whether such enforcement occurs prior to or following any such termination. (o) Fees and Costs. In the event of any litigation or arbitration between the Parties in connection with or arising out of this Agreement, or to enforce any right or obligation of either Party under this Agreement, or for a declaratory judgment, or for the construction or interpretation of this Agreement or any right or obligation under or impacted by this Agreement (in each case, a "Proceeding"), the Party which substantially prevails in any such Proceeding shall be entitled to recover from the other Party all of such prevailing Party's fees and costs therein, including, without limitation, attorneys' fees, court costs, and costs of expert witnesses and of investigation, incurred at or in connection with any level of the Proceeding, including all appeals thereof. IN WITNESS WHEREOF, the Parties have hereunto set their hands, by their duly authorized representatives. Signed in the presence of: COUNTY: Name: (please print) -14- By: _ Name: Title: Date: Name: (please print) Signed in the presence of: Nam (please print) -Jtv _ 11 Name: (please print) PIONEER TECHNOLOGY GROUP By: Name: �T yrc Title: Date:--"-2-"'' -15- EXHIBIT 1 AXIA SOFTWARE LICENSE SUMMARY between PIONEER TECHNOLOGY GROUP, LLC ("PTG") having its principal place of business at: 1100 Central Park Drive, Suite 100 Sanford, Florida 32771 800.280-5281 FAX: 407-321-7971 and ST. LUCIE COUNTY ("County") having its principal address at: 201 S. Indian River Drive Ft. Pierce, FL 34950 Facsimile: 772-462-1614 1. FUNCTIONAL SPECIFICATIONS Our Value Adjustment Board Solution, AXIA, consists of application software covering three distinct areas of work within the VAB process. Additionally, Axia is supplied with a fully functional database backend utilizing SQL 2005 (not included). Basic functionality of the Axia System includes: 1. AXIA Web: • Browser -based, platform independent • Compatible with current versions of Internet Explorer • Compatible with Windows XP,7 • Authentication based security, based on personal login information • Remote petition filing including electronic payments • Evidence submittal by petitioner and Property Appraiser Office • Petitioner can view all data pertaining to their transaction(s) including: o Schedule o Status of petitions/appeals • PAO Access c Access to VAB data o Evidence Submittal o View hearing schedules • Magistrate Access o Access to VAB data o View hearing schedules o Update and submit worksheet 2. AXIA Application Management Module Admin Features o Security administration by user/manager o Add and remove system users o Add and change user passwords o Set assigned roles o Add and change application settings o Petition application fees o Cycle deadlines and dates o Classifications such as use codes, petition types, decision codes, etc. o Add and customize forms, reports and queries Petition Acceptance o Voids ■ Transactions can be voided at any time before the chief cashier close out by a user with the required security settings o Suspense ■ Correspondence (Pop up) — list presented with check boxes with reasons for suspense o Data Entry ■ Define required fields ■ PAO folio lookup ■ Scan and manipulate images; documents can be viewed and adjusted during the scan process • Accept duplicate folio numbers ■ Contiguous petition acceptance ■ Accept multiple payments per transaction ■ Automatically calculate fees ■ Scan checks o Petition Numbering ■ After accepting fees, assign unique and contiguous numbers that include the tax year o Receipt ■ View and print on demand o Evidence Tracking • Accept at any point in process ■ Evidence time and date received ■ Evidence can apply to one or more petitions • Accounting Features o Cashier and Chief Cashier Closeouts ■ Separate listing for each payment method per transaction • Chief cashier close out approval ■ Business Operations report ■ Ability to accept multiple payment methods, such as cash, credit cards, debit cards, checks, etc. ■ Application must track shortages, overages, refunds, and multiple types of payments within a transaction 3. AXIA Paperless Hearings • Automated batch scheduling • Manual scheduling/override available • Assign Special Magistrates with the correct qualifications. • Automatic refilling of empty time slots with petitions that fall within time parameters • Generate hearing notices • Review schedule of hearings and daily agendas • Paperless meeting 2. LIMITATIONS ON THE COUNTY: • Territory — St. Lucie County, Florida • Field of Use — Administration of the Value Adjustment Board for St. Lucie County, Florida. 2 3. SCOPE OF SERVICES: Pioneer Technology Group Scope of Services • Pioneer Technology Group will meet with the County staff to review the project plan and solidify timelines and provide a complete training, installation, and data conversion calendar will be developed and communicated to all members of the installation team. • PTG shall define the communications vehicle(s) to be used by and between County and PTG. The Plan shall include, but not be limited to, the overall Project Plan and schedule. In addition, the Plan shall define the format of and frequency for Status Reporting, Project Change Management Plan, and Conference Calls. • PTG will assign a Project Manager and an Assistant Project manager who will assist with timely execution of the work plan and be responsible for the communication of their respective sides' issues in a prompt fashion. Project managers should be available on a daily basis for phone conversations and should make themselves available weekly for phone conference meetings. • PTG shall assign a Program Manager who will interface with the PTG Project Manager, PTG Assistant Project Manager and the County Project Manager. The Program Manager will oversee the installation and integration of the System and assign and verify the completion of any program changes that need to be implemented. • PTG will provide a complete list of all third party software needed. • PTG will provide Support and Maintenance service that includes diagnostic help, access to Pioneer Technology Group's help desk, upgrades to system software, and membership in the user group. • PTG will provide training on -site for the County at the rate of $800.00 per day per trainer. Training will be divided in to 3 phases. The timing of each phase of training will vary based on where the County is in the VAB cycle. Phase 1 will be for the VAB staff. Phase 2 will be for the Property Appraisers and Phase 3 will be for Magistrates. Typically phase 2 and 3 will be conducted after the County has gone "live". • All relevant history will be loaded and converted to the VAB System tables. Current data will be converted just before the final implementation date. Data conversion will be performed at a rate of $175.00 per hour. • The new system will be implemented live during this time frame. Network connections and functionality will be tested. All workstations and peripherals will be fully tested with a dry run to insure a smooth start with the new system. System implementation will be performed at a rate of $175.00 per hour. • Additional reports and forms can be created or customized at a rate of $175 per hour. County Scope of Services • The County will assign a Project Manager who will assist with timely execution of the work plan and be responsible for the communication of their respective sides' issues in a prompt fashion. Project managers should be available on a daily basis for phone conversations and should make themselves available weekly for phone conference meetings. • County personnel, with the assistance of PTG, will conduct on -site testing of the VAB system. This will ensure that all tables are properly configured and that all reports and forms are functioning as designed. It will also serve to increase the comfort level of staff with the new system. Upon completion of final testing and acceptance, the project managers will confirm the final implementation date. • County will provide network connections and test functionality. All workstations and peripherals will be fully tested with a dry run to insure a smooth start with the new system. • County shall purchase necessary servers, workstations, peripherals, network hardware and operating system software • County shall define the System and Network Topology which outlines each server in the environment, its configuration and the network configurations to host the system. • Assist PTG in the implementation of the system into a live environment. • Organize training for staff and departments to ensure all pertinent employees are being trained. 4. DELIVERABLES: Pioneer Technology Group Deliverables • Pioneer Technology Group will deliver the VAB System to the County via cd/dvd or ftp to be installed on workstations. The County can choose to place the software on a network share and download to individual workstations. • PTG will provide full user documentation including logon and logoff procedures, error messages and their meanings, screen prints and instructions on how to use each screen specifically focused toward non -technical users. PTG will provide technical documentation in an Administrator's Guide; including but not limited to an explanation of workflow diagrams, table layout, table and column definitions, entity relationships, security administration, table maintenance, start-up and shut down procedures, performance monitoring and tuning procedures, technical and network specifications, reorganization procedures and schedules, application deployment instructions and system component list. fl PTG will conduct its Final Test and Acceptance on the System in the Test environment in accordance with the provided Criteria. County acceptance will be dependent on all software components, including 3rd party software components, listed in the software component list having been delivered, installed, and are functioning as designed. • Complete post installation conference call to confirm new system operation status. County Deliverables • Provide all relevant data and images exports from the current system as requested by PTG. • County shall install and setup all necessary servers, workstations, peripherals, network hardware and operating system software. Network connections and functionality will be tested. All workstations and peripherals will be fully tested with a dry run to insure a smooth start with the new system. • County will conduct its Final Test and Acceptance on the System in the Test environment in accordance with the provided Criteria. County acceptance will be dependent on all software components, including 3rd party software components, listed in the software component list having been delivered, installed, and are functioning as designed. • Complete post installation conference call to confirm new system operation status. 5. TEST VALIDATION CRITERIA Testing of the Axia system should include the following: A. Software Installation Test - County acceptance will be dependent on all software components, including 3rd party software components, listed in the software component list having been delivered, installed, and are functioning as designed. Software installation shall include: a. Database server installed with Axia database a. Windows Server 2003 b. SQL server 2005 c. PDF kit installed on server b. Web server installed with Axia web site c. Client machines installed with Axia client a. Twain pro client installed on all Axia clients that will scan documents b. Adobe Reader installed on all client workstation d. Establish network connectivity to the server from all client workstations e. Establish a printer connection on all client workstations f. All scanning workstations are connected to a scanner B. System Functionality Test 1. Petition Processing Replication: a. County will select a number of petitions deemed sufficient by the County from their current system to process in the Axia System. b. County will submit the petitions using all submission methods: online, kiosk and county input. c. County will submit payments using all applicable payment types. d. County will submit individual/PAO evidence using all submission methods: file upload and paper scanning. e. County will process and track petitions through the full VAB process including assigning petition numbers, scheduling hearings, printing/emailing notices, accepting payments, and tracking tasks associated with petitions. 2. Paperless Hearings: a. The County will follow the number of petitions deemed sufficient by the County through the Hearings process. b. The County will review petition and evidence for each petition with the split screen feature. c. The County will simulate a magistrate taking notes and submitting his/her worksheet. 3. Cashier Close-out: a. The County will perform a daily close-out for monies collected. b. The County will run daily close-out report and review for accuracy. 4. Historical Data Conversion: a. County will run applicable reports in the Axia System using the most recent converted Historical Data. b. County will perform searches on converted Historical Data. 5. Notices and Reports: County acceptance will be dependent on the accuracy and completeness of notices and reports developed as part of the Axia installation and implementation. 2 6. PRICING: I. LICENSE FEE A. Perpetual Software License Fees $ 35,000 B. Media Player License Fees $ 5,500 $40,500 IL INSTALLATION AND IMPLEMENTATION FEES A. System Implementation (12 hours @ $175.00) $ 2,100 B. Data Conversion (00 hours @ $175.00 hour) $ NIA C. Training — ($800.00 per person per day) Est. $ 3,200 Estimating 4 days Travel expenses will be billed to the County at project completion (per FL Statute) D. System Customization - $175.00 per hour $ N/A E. Customized Reports & Forms - $75.00 per hour $ TBD Customized reports are above and beyond the 40+ reports that come standard in Axia. TOTAL INSTALLATION AND IMPLEMENTATION FEES: Est. $ 5,300 Est. $ 45,800 /it. THIRD PARTY SOFTWARE TO BE PURCHASED BY CLERK* A. MS Windows 2003 Server $ 778 * Price includes software and 5 client access licenses B. SQL Server 2005 $ 1546 C. Crystal Reports X Standard Edition (optional) $ 175 D. Adobe Acrobat 7.0 Professional $ 300 * Needed on workstations used for annotating and redacting images. E. Secure Server License (SSL) Certificate Annual Fee * Needed to process Credit Cards online $399-975/yr. * Afost recent estimated prices. Prices are subject to change per individual venders. IV. MAINTENANCE AGREEMENT A. Axia Software Maintenance paid yearly $10,000 B. Media Player Maintenance paid yearly $ 1,100 TOTAL YEARLY MAINTENANCE: $ 11,100 V. TOTAL - LICENSE, FEES, MAINTENANCE: Est. $ 56,900 PTG Initials Clerk Initials 7 AXIA SOFTWARE MAINTENANCE AGREEMENT between PIONEER TECHNOLOGY GROUP, LLC. ("PTG") having its principal place of business at: 1100 Central Park Drive Sanford, Florida 32771 Facsimile: 407-321-7971 and ST. LUCIE COUNTY ("County") having its principal address at: 201 S. Indian River Drive Ft. Pierce, FL 34950 Facsimile: 772-462-1614 -2- (1) Definitions and Identifications. For all purposes of this Agreement, unless the context specifically indicates otherwise, and in addition to other terms defined only within the internal text of this Agreement or incorporated by reference into this Agreement, the terms defined in this section shall be applicable. Unless otherwise specifically provided herein, all defined terms used in the Software License Agreement shall have the same meaning assigned thereto when used in this Agreement. (a) Basic Maintenance Fees — the fees for Covered Maintenance Services specified in §7 of this Agreement. (b) Basic Maintenance Period — the basic maintenance period specified in §6 of this Agreement. (c) Covered Maintenance Services — includes all Conformity Maintenance Services and all Upgrade Maintenance Services. (d) Conformity Maintenance Services — services necessary to insure that the Software operates in conformity with all Functional Specifications. (e) Critical Defect — an Error in the Software or Documentation which renders the Software unable to perform a Functional Specification. (f) Non -Critical Defect — any defect in the Software or Documentation other than a Critical Defect. (g) Online Support— the provision of diagnostic advice and assistance concerning the use and operation of the Software via a virtual private network or similar method. (h) Telephone Support— the provision of general information and diagnostic advice and assistance concerning the use and operation of the Software via telephone. (i) Upgrade Maintenance Services — all Enhancements developed by PTG for the Software and related Documentation during the term of this Agreement. (2) Agreement. This agreement ("Agreement") covers the maintenance of Software licensed or delivered by PTG for the benefit of Licensee pursuant to that certain concurrently effective Software License Agreement (the Software License Agreement") between the Parties. THIS AGREEMENT PROVIDES MAINTENANCE SERVICES ONLY WITH RESPECT TO SOFTWARE, INCLUDING THIRD PARTY SOFTWARE, SUPPLIED BY PTG TO LICENSEE PURSUANT TO THE TERMS OF THE SOFTWARE LICENSE AGREEMENT. THIS AGREEMENT DOES NOT PROVIDE FOR MAINTENANCE SERVICES FOR ANY THIRD PARTY SOFTWARE NOT SUPPLIED BY PTG TO LICENSEE OR FOR ANY HARDWARE. (3) Initial Maintenance Term. The initial term ('Initial Term") of this Agreement shall begin ninety (90) days following the Software Acceptance Date ("Maintenance Agreement -3- Effective Date"). Unless sooner terminated in accordance with §15 hereof, or unless extended in accordance with §4 hereof, the term of this Agreement shall remain in effect for a period ending on the date immediately prior to the third (3rd) annual anniversary date of the Maintenance Agreement Effective Date. (4) Automatic Renewal and Subsequent Term. Upon expiration of the Initial Term, this Agreement shall be automatically extended for successive three (3) year periods (each such three (3) year period referred to as a "Subsequent Term"), unless the term of this Agreement is terminated during any such Subsequent Term in accordance with §15 of this Agreement. (5) Software. This Agreement covers all Software as described in the initial License Summary incorporated into the Software License Agreement as Exhibit 1 attached thereto. Unless Licensee otherwise notifies PTG, all subsequently ordered Software installed by PTG shall be automatically added to this Agreement immediately upon the expiration of the Warranty Period for such subsequently ordered Software. (6) Basic Maintenance Period. The Basic Maintenance Period commences on Monday and continues through Friday of each week (8:30 a.m, to 5:00 p.m., Licensee Local Time), except on the following recognized holidays ("Holidays"): New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. (7) Basic Maintenance Fees. Basic Maintenance Fees during the Initial Term are set forth in the License Summary. Basic Maintenance Fees become effective upon the expiration of the Warranty Period with respect to the applicable item of Software. Basic Maintenance Fees for subsequently ordered Software shall be the PTG Basic Maintenance Fees in effect and applicable thereto at the time of delivery. PTG's Basic Maintenance Fees for all Software originally included in the initial License Summary will not be increased during the Initial Term of this Agreement. For each Subsequent Term, Basic Maintenance Fees shall be adjusted by the lower of Option 1 or Option 21. OPTION 1 Basic Maintenance Fees may be adjusted by PTG effective as of the commencement date of each Subsequent Term. Basic Maintenance Fees for each respective Subsequent Term shall not exceed the Basic Maintenance Fees in effect during the immediately preceding Initial Term or Subsequent Term, as the case may be (each a "Term" herein), multiplied by a fraction, the numerator of which fraction is the Consumer Price Index, as reported by the U.S. Department of Labor ("DOL"), All Urban Consumers (1 982-84= 100), U.S. City Average, Not Seasonably Adjusted (the "Index"), for the second full calendar month preceding the commencement of the Term for which the adjustment is being made, and the denominator of which fraction is the Index so reported for the second full calendar month prior to the commencement of the Term immediately preceding the Term for which the adjustment is being made. In the event DOL discontinues the Index, PTG shall designate an alternative comparable index for all purposes hereof. Notwithstanding any other term or -4- provision of this §7: (i) regardless of any change in the Index, in no event will any increase in Basic Maintenance Fees from one Term to the next succeeding Term exceed five percent (5%) multiplied by the number of contract years during such immediately preceding Term; and, (ii) under no circumstances shall the Basic Maintenance Fees payable to PTG hereunder during any applicable Term be less than the Basic Maintenance Fees payable to PTG in respect of the immediately preceding Term. OPTION 2 Basic Maintenance Fees may be adjusted by PTG effective as of the commencement date of each Subsequent Term. Each such adjustment will be based on the then current PTG Basic Maintenance Fees in effect; provided, however, that Basic Maintenance Fees for each respective Subsequent Term shall not exceed the Basic Maintenance Fees in effect during the immediately preceding Initial Term or Subsequent Term, as the case may be (each a "Term" herein), multiplied by a fraction, the numerator of which fraction is the Consumer Price Index, as reported by the U.S. Department of Labor ("DOL"), All Urban Consumers (1 982-84=1 00), U.S. City Average, Not Seasonably Adjusted (the "Index"), for the second full calendar month preceding the commencement of the Term for which the adjustment is being made, and the denominator of which fraction is the Index so reported for the second full calendar month prior to the commencement of the Term immediately preceding the Term for which the adjustment is being made. In the event DOL discontinues the Index, PTG shall designate an alternative comparable index for all purposes hereof. Notwithstanding any other term or provision of this §7: (i) regardless of any change in the Index, in no event will any increase in Basic Maintenance Fees from one Term to the next succeeding Term exceed five percent (5%) multiplied by the number of contract years during such immediately preceding Term; and, (ii) under no circumstances shall the Basic Maintenance Fees payable to PTG hereunder during any applicable Term be less than the Basic Maintenance Fees payable to PTG in respect of the immediately preceding Term. (8) Payment of Basic Maintenance Fees. (a) Annual Invoices. Basic Maintenance Fees shall be invoiced and paid annually in advance. Invoices for annual Basic Maintenance Fees shall be due and payable within thirty (30) days following receipt of invoice by Licensee. (b) Subsequently Ordered Software. Basic Maintenance Fees for subsequently ordered Software shall be paid annually in advance but pro -rated for the applicable annual period of this Agreement based upon the conclusion of the Warranty Period for such subsequently ordered Software. (c) Failure of Payment. In the event payment is not made as specified in this Agreement, Licensee shall pay interest at the rate of one and one-half percent (1.5%) per month (or the highest applicable legal rate, whichever is lower) on the outstanding overdue balance for -5- each month or part thereof that such sum is overdue; provided, however, that if Licensee is a governmental agency or authority subject to a "Prompt Payment" or similar statutory requirement for the transaction contemplated in this Agreement, such statutory requirement shall control to the extent the same is inconsistent with the requirements of this §8(c). (9) Covered Maintenance. (a) General. PTG will provide to Licensee all required Covered Maintenance Services. All Conformity Maintenance Services and all Online Support and Telephone Support will be performed by PTG during the Basic Maintenance Period. Covered Maintenance Services do not include the costs of accessories and expendable supplies necessary to operate the Software, such as magnetic tape cards, optical disks, disk packs, paper, and similar items, and such items are not provided free of charge by PTG hereunder. (b) Upgrade Maintenance Services. As a part of this Agreement, Licensee shall also have the right to receive from PTG, without additional service charge, all Upgrade Maintenance Services. Upgrade Maintenance Services include the right to receive, during the applicable Software Warranty Period and during the term of this Agreement (except as otherwise provided in §9(c) hereof), all Enhancements to the Software, including all related update releases and associated Documentation. The right to receive Upgrade Maintenance Services does not include installation of any new release for an Enhancement or any training, and also does not include any New Product, all of which are separately chargeable by PTG. (c) Support of Outdated Software. Support by PTG of previous versions of Software will cease ninety (90) days following the availability of a new Enhancement release. Failure of Licensee to install new Software Enhancement releases or any other correction or improvement provided by PTG shall relieve PTG of responsibility for the improper operation or any malfunction of the Software as modified by any subsequent correction or improvement, but in no such event shall Licensee be relieved of any of its payment obligations to PTG hereunder, and PTG shall be released thereafter from its obligation to support the Software as provided herein. After failure to install for in excess of ninety (90) days, in order for Licensee to return to current Software release level, Licensee must obtain a Software audit at the then current PTG rates. Following any such reinstatement to current release level, PTG will reinstate Covered Maintenance Services hereunder. (d) Online Support and Telephone. Online Support and Telephone Support includes: (i) remote diagnostics; (ii) service desk and dispatch; (iii) question and answer consulting; and, (iv) non -chargeable user error remedies. A toll -free maintenance telephone number is provided for Telephone Support from PTG's corporate offices. Remote diagnostics equipment is required at a minimum of one Licensee location for remote support, which equipment is to be obtained by Licensee at its sole expense. (e) Exclusions. Covered Maintenance Services do not include any of the following: (i) maintenance outside the agreed upon Basic Maintenance Period; (ii) maintenance required by: (a) operator error or improper operation or use of the Software by Licensee; (b) modifications, repairs, or additions to the Software performed by Persons other than PTG, and Licensee shall notify PTG of any such modification, repair, or addition; (c) modifications, repairs, or additions to hardware or to any software supplied by any Person other than PTG; (d) damage to Software by Licensee's employees or third Persons, including, without limitation, damage caused by improper operation or use of other software, hardware, or other equipment; (e) causes beyond the reasonable control of PTG, including, without limitation, any matter described in §14 (Excusable Delays) of this Agreement; (f) electrical disturbances, outages, brownouts, or similar events; (g) PTG's requested involvement in determining or solving a problem with the Software and/or any other software, hardware, or equipment not covered by this Agreement; (h) damage to optical or magnetic media or any work effort associated with copying, reconstructing, or restructuring files or data; (i) damage resulting from radiation, radioactivity, ultraviolet light, or similar agents; 0) training services other than those expressly provided for without charge pursuant to the terms of the Software License Agreement; (k) travel costs, including, without limitation, mileage, air fare, meals, lodging, and similar items, except those incurred by PTG in connection with the provision of Covered Maintenance Services; (1) any New Product; (m) Software removed or detached from the System; or, (n) modifications to the Software or to any of the Functional Specifications requested by Licensee. (10) Response Times. PTG will use its best good faith efforts to respond within four (4) hours (but only during the Basic Maintenance Period) of notice from Licensee of the need for Conformity Maintenance Services or notice of a request for Online Support or Telephone Support. Any such notice from Licensee shall, to the extent possible, identify all Critical Defects, and, in connection with the provision of any Conformity Maintenance Service, Online Support, and/or Telephone Support, Licensee shall, at its own expense, provide its full good faith support and cooperation with PTG's efforts at resolution. PTG will use its best good faith efforts to correct all Critical Defects within twenty-four (24) hours after notice from Licensee of the applicable Critical Defects. Non -Critical Defects will be corrected, if correction is reasonably possible, before the earlier of: (a) seventy-five (75) days following the date of next release (following notice of defect from Licensee) of an Enhancement relating to the applicable Software component; or, (b) one (1) year following notice of defect from Licensee. (11) Billable Call Maintenance. Any maintenance service or related service or training other than Covered Maintenance Services will be charged at PTG's then current billable call maintenance rates in effect. Such rates apply to time spent performing maintenance, including travel time. The minimum charge for billable call maintenance is one-half of one hour (1/2 hour). Should billable call maintenance services require travel to the Licensee's site, Licensee will also be invoiced for actual expenses of travel, including, without limitation, as applicable, mileage, air fare, meals, lodging, and similar expenses; provided, however, that, in the event Licensee is a governmental agency or authority, travel expenses shall be limited in amount by applicable federal or state statutory requirements. All charges for billable call maintenance shall be due and payable within thirty (30) days following invoice by PTG. (12) Taxes. All Software maintenance fees and all other charges payable hereunder are exclusive of federal, state, and local Taxes. Licensee shall pay or reimburse PTG for all such applicable Taxes (exclusive of income and gross receipts Taxes properly payable by PTG) and PTG may add such Taxes to invoices submitted to Licensee. (13) LIMITATION OF LIABILITY. IN NO EVENT SHALL PTG BE RESPONSIBLE TO LICENSEE UNDER THE TERMS OF THIS AGREEMENT OR OTHERWISE FOR ANY -7- INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF PROFITS, AND/OR LOSS OF USE OF PRODUCT) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS OF USE. IN NO EVENT SHALL PTG'S LIABILITY HEREUNDER WITH RESPECT TO THIS AGREEMENT IN THE AGGREGATE FOR ALL CLAIMS EXCEED FIFTY PERCENT (50%) OF THE MAXIMUM BASIC MAINTENANCE FEES PAID HEREUNDER BY LICENSEE TO PTG DURING ANY ONE YEAR PERIOD. THE LIMITATIONS OF PTG'S LIABILITY HEREUNDER SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE. LICENSEE UNDERSTANDS THAT THE FEES CHARGED HEREUNDER BY PTG SPECIFICALLY REFLECT THE ALLOCATION OF RISK AND EXCLUSION OF DAMAGES PROVIDED FOR IN THIS SECTION, AND THAT THE REMEDIES PROVIDED TO LICENSEE HEREUNDER ARE ADEQUATE. (14) Excusable Delays. Notwithstanding any other term or provision hereof, PTG shall not be liable for delays in delivery, failure to deliver, or otherwise to perform any obligation hereunder when such delay or failure arises from causes beyond the reasonable control of PTG, including, without limitation, such causes as acts of God or public enemies, labor disputes, supplier or material shortages, embargoes, rationing, acts of local, state, or national governments or public agencies, utility or communication failures, fire, flood, storms, earthquake, settling of walls or foundations, epidemics, riots, terrorism, civil commotion, strikes, or war. (15) Termination. (a) Termination at Will. During the Initial Term or any Subsequent Term of this Agreement, neither Party may terminate the term of this Agreement for reasons other than those expressly provided for in this Agreement; provided, however, that either Party hereto may terminate the term of this Agreement at any time as of and effective at the conclusion of the Initial Term or any Subsequent Term upon notice to the other Party given not later than ninety (90) days prior to the conclusion of the then current term of this Agreement. (b) Termination by PTG for Non -Payment or Upon Termination of License. PTG may terminate the term of this Agreement and its obligation to provide Covered Maintenance Services or any other service hereunder upon notice to Licensee in the event: (i) Licensee fails to make any payment when due to PTG after ten (10) days notice of such failure to pay from PTG; or, (ii) in the event of the termination of Licensee's license of Software. No termination pursuant to this subsection (b) shall relieve Licensee of its payment obligations to PTG pursuant to the terms of this Agreement or otherwise. (c) Termination by Licensee. Licensee may terminate the term of this Agreement upon notice to PTG in the event Licensee's license of the Software is terminated pursuant to §12(b) of the Software License Agreement. (d) General Effect of Terminations. No termination of the term of this Agreement shall terminate any right or remedy available to a Party as a consequence of any breach of this Agreement by the other Party. (16) Miscellaneous Provisions. (a) Materiality of Breach. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and, therefore, is a material term hereof. (b) Governing Law. This Agreement is to be governed by and construed and enforced in accordance with the internal laws of the state of Florida, without giving effect to the principles of conflicts of laws thereof. (c) ARBITRATION. UPON THE DEMAND OF EITHER PARTY HERETO, ANY ACTION OR PROCEEDING SEEKING TO ENFORCE OR TO INTERPRET ANY PROVISION OF THIS AGREEMENT OR ANY RIGHT OR OBLIGATION, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OR OBLIGATION, OF ANY PARTY UNDER OR PURSUANT TO THIS AGREEMENT OR ARISING OUT OF PTG'S RELATIONSHIP HEREUNDER WITH LICENSEE, SHALL BE DETERMINED EXCLUSIVELY BY ARBITRATION CONDUCTED BY AND UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION; PROVIDED, HOWEVER, THAT ARBITRATION SHALL, AT EITHER County's or PTG'S OPTION, NOT BE REQUIRED IN ANY ACTION OR CLAIM BY PTG WHICH INCLUDES A REQUEST FOR INJUNCTIVE, EQUITABLE, OR OTHER EMERGENCY RELIEF. (d) Binding upon Successors and Assigns. Subject to, and unless otherwise provided in, this Agreement, each and all of the covenants, terms, and provisions contained herein shall be binding upon, and inure to the benefit of, the successors and assigns of the parties hereto. (e) Severability. If any provision of this Agreement shall be invalid or unenforceable, such provision shall be deemed limited by construction in scope and effect to the minimum extent necessary to render the same valid and enforceable, and, in the event no such limiting construction is possible, such invalid or unenforceable provision shall be deemed severed from this Agreement without affecting the validity of any other term or provision hereof. (f) Entire Agreement. This Agreement, together with any other material incorporated herein, constitute the entire understanding and agreement of the Parties hereto with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements, and conditions, express or implied, written or oral, between the Parties with respect thereto. The express terms hereof control and supersede any course of performance or usage of trade inconsistent with any of the terms hereof. This Agreement may be executed in any number of counterparts, each of which shall be an original as against any Party whose signature appears thereon, and all of which together shall constitute one and the same agreement. (g) Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in in a particular instance and either retroactively or prospectively) only by a writing signed by the Party to be bound thereby. The waiver by a Party of any breach hereof or default hereunder shall not be deemed to constitute a waiver of any other breach or default. The failure of any Party to enforce any provision hereof shall not be construed as or constitute a waiver of the right of such Party thereafter to enforce such provision. (h) Title to Software Change Materials. All changes, Maintenance Modifications, Enhancements, and other additions to the Software or any Documentation shall remain proprietary to PTG, and shall be subject to all of the terms and conditions of the Software License Agreement. (i) Notices. Whenever any Party hereto desires or is required to give any notice, demand, consent, approval, satisfaction, statement, or request with respect to this Agreement, each such communication shall be in writing and shall be effective only if it is delivered by personal service (which shall include delivery by delivery service, over -night delivery service, telecopy, or telefax) or mailed, by United States certified mail, postage prepaid, and addressed to each Party at its notice address provided on the cover page of this Agreement. Such communications, when personally delivered, shall be effective upon receipt, but, if sent by certified mail in the manner set forth above, shall be effective three (3) days following deposit in the United States mail. Any Party may change its address for such communications to another address in the United States of America by giving notice thereof to the other Party in accordance with the requirements of this section. Q) Construction of Agreement. This Agreement has been negotiated by the respective Parties hereto, and the language hereof shall not be construed for or against any Party. The titles and headings herein are for reference purposes only, and shall not in any manner limit the construction of this Agreement which shall be considered as a whole. (k) Further Assurances; Cooperation. Each Party hereto shall execute such further instruments, documents, and agreements, and shall provide such further written assurances, as may be reasonably requested by the other Party to better evidence and reflect the transactions described herein and contemplated hereby, and to carry into effect the intents and purposes of this Agreement. (1) Independent Contractor Status. Licensee hereby retains PTG as an independent contractor to Licensee, and PTG hereby accepts such appointment. It is the intention of the Parties hereto that their relationship, as created by this Agreement, is that of an independent contractor and contractee, and this Agreement shall not create any other relationship, whether partnership, joint venture, agency, or otherwise, between the respective Parties hereto. Neither Party shall hereby acquire any authority, whether actual, express, implied, or apparent, to bind or otherwise obligate the other Party in any capacity. (m) Absence of Third Party Beneficiary Rights. No provision of this Agreement is intended or shall be construed to provide or create any third party beneficiary right or any other right of any kind in any Person other than the Parties and their proper successors and assigns, and all terms and provisions hereof shall be personal solely between the Parties to this Agreement and such proper successors and assigns. -10- (n) Fees and Costs. In the event of any litigation or arbitration between the Parties in connection with or arising out of this Agreement, or to enforce any right or obligation of either Party under this Agreement, or for a declaratory judgment, or for the construction or interpretation of this Agreement or any right or obligation under or impacted by this Agreement (in each case, a "Proceeding"), the Party which substantially prevails in any such Proceeding shall be entitled to recover from the other Party all of such prevailing Party's fees and costs therein, including, without limitation, attorneys' fees, court costs, and costs of expert witnesses and of investigation, incurred at or in connection with any level of the Proceeding, including all appeals thereof. IN WITNESS WHEREOF, the Parties have hereunto set their hands, by their duly authorized representatives. Signed in the presence of: LICENSEE: Name: (please print) Name: (please print) By: Name: Title: Date: Signed in the presence of: PIONEER TECHNOLOGY GROUP Name: (please print) -11- By: Name: v Title: 7 Date: z - e) - 2c co ADDENDUM TO SOFTWARE LICENSE AGREEMENT THIS ADDENDUM TO SOFTWARE LICENSE AGREEMENT (the "Addendum"), is made and entered into this day of February, 2010, by and between St. Lucie COUNTY, a political subdivision of the state of Florida (the "County"), and PIONEER TECHNOLOGY GROUP, LLC ("PTG). W I T N E S S E T H This Addendum is made and entered into under the following circumstances: (1) The Parties are, simultaneously herewith, entering into a Software License Agreement (the "License Agreement") and a Software Maintenance Agreement (jointly, with the License Agreement, the "Base Agreements"), pursuant to which PTG will license certain Software to County, and, in connection therewith, PTG will provide to County certain maintenance services, all as described in the Base Agreements. Unless otherwise indicated herein, all capitalized terms used in this Addendum shall have the respective meaning assigned thereto in the Base Agreements. (2) The Base Agreements expressly provide that PTG is not required to deliver to County, and County is not entitled to receive from PTG, a copy of the Source Code for the Software. (3) County has specifically requested a confidential copy of the Source Code for the PTG Software for its sole internal use within the Territory and the Field of Use in connection with making potential future Maintenance Modifications to the PTG Software in the event, and only in the event, of an uncured default by PTG under the terms of the Software Maintenance Agreement described herein (the "Maintenance Agreement') in effecting any such Maintenance Modifications on behalf of County. (4) PTG will agree to provide a confidential copy of the Source Code for the PTG Software to the County on and subject to the terms and conditions specified in this Addendum. NOW, THEREFORE, the parties hereto agree as follows: (1) License Agreement. The terms of this Addendum are deemed to be modifications to the License Agreement specifically agreed upon between PTG and County. This Addendum is deemed by the Parties to be a part of and incorporated within the License Agreement. While this Addendum has been drafted, to the extent possible, to be consistent with all of the terms of the License Agreement, any inconsistency between the terms of this Addendum and the terms of the License Agreement shall be controlled and resolved in favor of \\Ptg-sg12lsupport\Counties and Cities\Florida\St Lucie\AXIMContracts\Final AgreementsWddendum-SoftwareLicAgmt (SouroeCode).docx this Addendum. (2) Delivery of Source Code. Notwithstanding any contrary provision in the License Agreement, upon the receipt by PTG of all payments from County specified in §4(a)(i) and §5(a)(i) of the License Agreement, PTG shall deliver to County one (1) copy of the Source Code for all PTG Software licensed to County pursuant to the terms of the License Agreement. In the event, at a subsequent date, County licenses additional PTG Software from PTG, PTG shall, concurrently with payment of the license fees therefor by County, supplement the previously delivered Source Code with the Source Code for such additionally licensed PTG Software. (3) Custody and Replacement of the Source Code. All Source Code delivered to County pursuant to the terms of this Addendum shall be deemed to be Confidential Material of PTG, with County as the Recipient thereof and PTG as its Deliverer. County shall not in any way or at any time reproduce, copy, or duplicate any such Source Code or any portion thereof. In the event of any destruction, damage, or corruption of such Source Code or any portion thereof, County shall notify PTG of the same and PTG shall, at the sole expense of County, replace the same in exchange for the destroyed, damaged, or corrupted version. In addition, in the event of any substantial modification of the applicable Source Code as a result of Enhancements to the PTG Software, PTG shall also, replace the outdated version of the Source Code with the current version. shall: (4) Use of Source Code by County. County agrees and confirms to PTG that County (a) have only a non-exclusive license and right to use the Source Code delivered by PTG hereunder solely: (i) in the Territory and in the Field of Use; (ii) for the internal support and maintenance of the PTG Software; (iii) in the event, and only in the event, and only to the extent of, an uncured Material Breach by PTG in any maintenance service obligation of PTG as required pursuant to the terms of the Maintenance Agreement, and of which PTG has been notified in advance by County; and, (iv) only for such a period of time as County retains a license to utilize the PTG Software in accordance with the Base Agreements, at which time County shall return all such Source Code under its control to PTG; and, (b) maintain such Source Code as strictly confidential and will not disclose or make available the same to any Person except as strictly necessary in furtherance of its express rights pursuant to this Addendum, and with adequate safeguards against misuse or unauthorized dissemination. The Source Code delivered hereunder to County shall not be reproduced, duplicated, or otherwise used by County except as expressly provided herein, and shall not be removed by County from the Territory except for delivery to PTG or pursuant to the express written instructions of an executive officer of PTG. (5) Unauthorized Change to PTG Software by County. In the event the Source \\Ptg-sg12\support\Counties and CitiesT1orida\St LuciMAXIA\ContractsTinal Agreements\Addendum-SoftwareLicAgmt (SourceCode).docx Code delivered by PTG to County hereunder is used in any manner to effect changes in the PTG Software in violation of the terms of this Addendum, PTG shall be, immediately thereupon, relieved of any continuing obligation to provide ongoing maintenance services to County pursuant to the terms of the Maintenance Agreement, the license granted to County in the License Agreement shall be immediately terminated, and all amounts which would have subsequently become due and payable by County to PTG pursuant to the terms of each of the Base Agreements shall thereupon become immediately due and payable to PTG. (6) Assignability by County. The rights and duties of County created hereunder shall not be assignable or delegable by County without the prior written consent of PTG, which consent may be withheld in the sole and absolute discretion of PTG. IN WITNESS WHEREOF, the undersigned have hereunto set their hands this day of February, 2010. Signed in the presence of: Name: (please print) Name: (please print) Signed in the presence of: Nam (ple se p ) Name: (please print) COUNTY: f By: Name: Title: PIONEER TECHNOLOGY GROUP, LLC By: Name: Title: Z' v 26 -v Vtg-sgOsupport\Counties and Cities\FloridaXSt LudeMIAContracts\Final AgreementsWddendum-SoftwareLicAgmt (SourceCode).docx AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-13-4 DATE: March 9, 2010 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Harmony Heights Stormwater Improvements 17th Street Church of God Parcel I.D. 1431-802-0024-000/3 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Harmony Heights SLC Stormwater Imp. - Stormwater Management 102001-3725-561007-42507-Drainage Maintenance MSTU PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from 17th Street Church of God, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: CONCURRENCE: N APPROVED [ ) DENIED [ ] OTHER Approved 5-0 [x] County Attorney: Y Daniel McIntyre [x] Originating Dept: I JoAnn Riley` Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Road and Bridg� [x] Public Works: Don Pauley Don We [x] Engineering: Al Mike Powley PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: March 9, 2010 SUBJECT: Contract for Sale and Purchase Harmony Heights Stormwater Improvements 17'h Street Church of God Parcel I.D. 1431-802-0024-000/3 BACKGROUND: St. Lucie County is planning to construct stormwater improvements to the Harmony Heights neighborhood. Inwood Consulting Engineers has designated the above -mentioned parcel as a potential priority A pond site. The County contacted 17'h Street Church of God regarding the purchase of their property. They returned a willing seller form to County staff. The County verbally offered $31,000.00 to Pastor Adamson, which is 100% of the appraised value of their property. Pastor Adamson submitted a counteroffer of $36,600.00 which is within the range of value of Callaway & Price, Inc., the County's independent appraiser. The contract is contingent upon acquiring the parcel to the South that the Board approved on March 2, 2010 and would complete an additional pond site. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from 17'h Street Church of God, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Respectfully submitted, Ann Riley Property Acquisition Manager 0 w z z O E LWI HIH 1111 � � H I ITF -I I I LL -m-_ IT[ -1 lS.aNZti N -Tm JT III I Hil JLL- .LS U21£ti. N w Q O C� w 0 z lS_HlN ILI ft- liff -T-Ij J IS H15V N R H16V 1S H1LV N U m w Q z w � Q w z J w 1S 1SLG N ng� C rC-0?-C,10 PROJECT NAME: Harmony Heights Stormwater Project PARCEL: 17' Street Church of God -Parcel # 1431-802-0024-000/3 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2010,17th Street Church of God, a Florida Corporation, whose mailing address is 802-806 North 171' Street, Fort Pierce, FL 34950 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price Thirty -Six Thousand Six Hundred and 00/100 Dollars, determined to be the total of the following: ($36,600.00) Real Property 1431-802-0024-000/3 $36,600.00 Other Improvements upon the Land (described, if any) N/A Other (describe) N/A payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing This contract is contingent on St. Lucie County purchasing Lot 9, Block B, Harmony Heights No 5. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for 1 t obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No -Lien Affidavit as to realty. Harmony Heights MSBU must be paid in full by seller. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the 2 day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be with or after closing of the County purchasing Lot 9 Block B Harmony Heights Addition No. 5 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereundershall be returned tothe PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of 3 SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 4 11 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliverto PURCHASER any such notice received priorto or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors orthe parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. seals. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and EXECUTED by SELLER this 0 ! day of � b Gta 2 , 20010. 17"' STREET CHURCH OF GOD, a Florida Corporation fLv. Witness 0 Mni , , - - Witness STATE OFL COUNTY OF The foregoi g instrument was ac nowledged bpfore Ine this C/ day of &L(--A 144, 20010, by%M24,A&-Ah--re-It's who is personally known 4o me or who has produced a drivers license issued within the laif five years as identification (4ji0.//-/A) lic My Commission Expires �, Notary-Publictate of Florida (Printed, Typed or Stamped John Thome Name of Notary Public) My Commission DD666210 M' ova Expires 04129/2011 EXECUTED by PURCHASER this day of , 2010 ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 EXHIBIT "A" LOTS 10, 11, 12, AND 13, LESS the East 5 feet, Block B, Harmony Heights, Addition Five, according to the Plat thereof, as recorded in Plat Book 10, at Page 34, of the Public Records of St. Lucie County, Florida. 8 EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES njA- EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS n 16 10 EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS A , fl- 11 Summary Report LAND APPRAISAL REPORT Property Address XXX North 43rd Avenuet 14-31-802-0024-0003 Census Tract 9.02 LENDER DISCRETIONARY USE Sale Price $ Date Mortgage Amount $ Mortgage Type Discount Points and Other Concessions Paid by Seller $ City Ft. Pierce County St. Lucie State FL Zip Code 34946 Legal Description Harmony Heights No. 5 Blk B Lots 10, 11, 12, and 13 OwnerlOccupani 17th Street Church of God Ma Reference 16C/14-31S „ Sale Price $ N/A Date of Sale N/A Property Rights Appraised X❑ Fee Simple ❑ Leashold ❑ Condominium (HUDNA) PLO I Loan concessions to be paid by seller $ N/A RE. Taxes $ 549.70 Tax Year 2009 HOA $ft. WA Lender/Client St. Lucie County 2300 Virginia Avenue Fort Pierce Florida 34982 Source LOCATION LJ Urban L?(j Suburban Rural BUILT UP ❑ Over 75% X❑ 25-75% ❑ Under 25% GROWTH RATE ❑ Rapid ❑ Stable X❑ slow PROPERTY VALUES ❑ Increasing X❑ Stable ❑ Declining DEMANDISUPPLY ❑ Shortage ❑ In Balance X❑ Over Supply MARKETING TIME Under 3 Mos. 3-6 Mos. X Over 6 Mos. NEIGHBORHOOD ANALYSIS rood A,g F. Pox Empoyment Stability ❑ X❑ ❑ ❑ Convenience to Employment ❑ X❑ ❑ ❑ Convenience to Shopping ❑ Q ❑ ❑ Convenience to Schools ❑ X❑ ❑ ❑ Adequacy of Public Transportation ❑ X❑ ❑ ❑ Recreation Facilities ❑ ❑ ❑ ❑ Adequacy of Facilities ❑ X Property Compatibility ❑ ❑ ❑ Protection from Detrimental Cond. ❑ X❑ ❑ ❑ Police & Fire Protection ❑ Q ❑ ❑ General Appearance of Properties ❑ X❑ ❑ ❑ 1 Appeal to Market X PRESENT LAND USE % ' Single Family 50% 2-0 Family 10% " Mul i-Famly 5% Commercial 5% Industrial Vacant 30% LAND USE CHANGE Not Likely X❑ Likely ❑ In process ❑ To: PREDOMINANT SKiEFAMLYHDIISNG OCCUPANCY PRICE Owner ❑X $(000) Tenant ❑ Vacant (0-5%) ❑ Vacant (over 5%) X❑ 1 N/A Vacant Land AGE (Yrs) 60 Low New 160 High 30 Predominant 60-80- 15-20 Note: Race or the racial composition of the neighborhood are not considered reliable appraisal factors. COMMENTS -See Attached Addendum. Dimensions 240 x 135 Topography Basically Level Sae Typical for Area Shape Rectangular Drainage Appears Adequate View Interior Landscaping Typical Driveway None Apparent Easements None noted FEMA Flood Hazard Yes' No No FEMA' MaprZone 1202850176 F Zone "X" Site Area 32400 Sq.Ft. Comer Lot Interior Zoning Classfiratbn RF, Religious Facilities Zoning Compliance Yes HIGHEST & BEST USE: Present Use Vacant Other Use Residential UTILITIES Public Other Electricity X❑ Gas ❑ None Water ❑ Well Sanitary Sewer ❑ Septic Storm Sewer None SITE IMPROVEMENTS Type Public Private Street Dirt X❑ ❑ Curb/Gutter None ❑ O Sidewalk None ❑ ❑ Street Lights X❑ ❑ Alley None Comments (Apparent adverse easements, encroachments, special assessments, slide areas, etc.): No adverse easements nor encroachments were noted at the time of inspection. The undersigned has recited three recent sales of properties most similiar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment, reflecting market reaction to those items of significant variation bar .san the subject and comparable properties. If a significant it.. in the comparable property is superior to, or more favorable than, the subject property, a minus (-) adjustment is made, thus reducing the indicated value of subject; if a significant item in the comparable is interior to, or less favorable than, the subject property, a plus (+) adjustment is made, thus increasing the indicated value of the subject. ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO,2 COMPARABLE NO.3 Address XXX North 43rd / Ft. Pierce XXX 42nd Avenue Harmony Heights Blk 7 Lot 15 XXX Grady Drive Harmony Heights Blk J Lot 3 SEC of 47th Street & Avienda Harmony Hei. Blk J Lots 1 & 2 Prommity to Subject Same Subdivision Same Subdivision Same Subdivision Sales Price $ N/A $ 11,500 $ 8,000 $ 30,000 Pncpj SF $ 0 $ 1.480 $ 1.62 0 $ 1.38 0 Data source Public Records Seller Public Records VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION 15Apamnem DESCRIPTION .(-gAeuwnent DESCRIPTION (-AAdlwonma • Sales or Financing Concessions Conventional N/A Conventional N/A Cash to Seller Date ofSalefrime 12/18/2008 -575 5/7/2008 -800 -N/A 5/1/2008 -3,000 . Location Suburban Suburban Suburban Suburban Site/View Interior Interior Limited Canal -400 Comer -3,000 Size 32,400 SF 7,755 SF -25% -2,875 5,720 SF -25% -2 400 21,780 SF -10% -3,000 Days on Market N/A N/A N/A N/A Adj. Whole Lot Price N/A $8 050 $4,400 $21,000 Net Ad. total X + ; $ 4,600 X + ; s 0 7X I + ; $ Indicated Value of Subject Gross: Net $ 1.04 Grose: Net: s 0.77 Gross: 1 Net: $ 0.96 Comments of Sales Comparison: Comments and Conditions of Appraisal: The appraisal is made "As Is" and is subject to the attached limiting conditions. Final Reconciliation: The SALES COMPARISON APPROACH best reflects the interactions of buyers and sellers in the open marketplace, as ' such it provides the best indication of value. Neither the COST APPROACH nor INCOME APPROACH were considered as the Subject Property is vacant land. 1(WE) ESTIMATE THE MARKET VALUE AS DEFINED, OF THE SUBJECT PROPERTY AS OF November 11, 2009 to be $ 31,000 • 1 (We) certify: that to the best of my (our) knowledge and belief, the facts and data used herein are true and correct; that I (we) personally inspected the subject property and inspected all comparable sales cited inthisreport; and that I (we) have no undisclosed interest, present or prospective therein. Appraiser(s) h�m_,— , U�,^il� Review Appraiser lz ;l -. n Q X❑ Did ❑ Did Not AnthonyD. Vercillo (dappkcable) Harry D. C%y, SRA MAI b Inspect Property ,epreany,a. rmn was Ftenaa vaeg rct mare. tanas.arn sw.nommuce, Callaway & Price, Inc. Summary Report LAND APPRAISAL REPORT Fd.N. CIA-62182 The undersigned has recited three recent sales of properties most similiar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment, reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to, or more favorable than, the subject property, a minus (-) adjustment is made, thus reducing the indicated value of subject: if a significant item in the comparable is inferior to, or less favorable than, the subject property, a plus (*) adjustment is made, thus increasing the indicated value of the subject. ITEM SUBJECT COMPARABLE NO.4 COMPARABLE NO.5 COMPARABLE NO.6 Address XXX North 43rd / Ft. Pierce North 14th Street Ha land Blkl Lots 5, 8, 9, 12 XXX Juantia Avenue Harmony Heights Addn. Pro)dinity to Subject T Less than 2 miles Less than 2 miles Sales Price $ N/A $ 39,000 _ $ 30,000 ye $ Ricel SF $ 0 $ 1.26 0; $ 0.85 M $ 0 Data Source VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION -(-A Adjustment DESCRIPTION (-)Z DESCRIPTION fA4ual.a Sales or Fin Concessions � '' pri ° N/A N/A N/A N/A ' Date of Salefrime Listing -3,900 Listing -3,000 Loatim Suburban Suburban/inferior Suburban Site/View Interior Interior Interior Size 32,400 SF 30,927 SF No Ad. 35,400 SF No Ad". Days on Market N/A 182 278 Ad'. Whole Lot Price N/A $35,100 27 000 Net Ad'. total d X + $ X + ; $ X + ; $ 0 Indicated Value of Subject taeE� =: $ 1.13 Ciue� MAW$ 0.7s Ngt W - Q 0' $ 0 PmViwwy Land Form ougb YO"m0 Anr%cunr ru Borrower --_ —_ File No.: 09.62182 Property Address: XXX North 43rd Avenue/ 14-31-802-0024-0003 Case No City. Ft. Pierce State: FL Zip' 34946 Lender. St. Lucie County Purpose The purpose of the appraisal is to develop an opinion of market value of the subject property as defined in this report (see limiting conditions attached for definition), as of effective date of this appraisal November 11, 2009. Intended Use This report was prepared for our client, St. Lucie County. The intended use of this appraisal is to assist the client mentioned in this report in evaluation of the subject property for mortgage financing purposes. The scope of work performed is speck to the needs of the intended user and the intended use. No other use is intended and the scope of work may not be appropriate for other use. Scope This is a complete appraisal written in a summary report format. I inspected the subject property described as Harmony Heights No. 5 Lots 10, 11, 12, and 13, Fort Pierce, Florida on the effective date of this appraisal November 11, 2009. 1 inspected the location of the comparable sales where possible. Market research included, but was not limited to contacting local real estate brokers, St. Lucie County Property Appraiser's office (via website), local contractors, researching appraiser's files, and consulting the Multiple Listing Service. Conditions of Appraisal As per USPAP guidelines, this report is a "summary appraisal format'. 1. Personal property is not included in our valuation. 2. Third party information is verified and contained in our office files. Statement of Limiting Conditions and Appraisers Certification I certify that, to the best of my knowledge and belief, the reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. I certify that the use of this report is subject to the requirements of the Appraisal Institute relating to the review by its duly authorized representatives. The use of this report is subject to the requirements of the State of Florida relating to the review by the Florida Real Estate Appraisal Board. As of the date of this report, Harry D. Gray, MAI, SRA had completed the requirements under the continuing education program of the Appraisal Institute. This report has been prepared for St. Lucie County. The intended use was to assist the client for internal decision making purposes. The scope of work performed is specific to the needs of the intended user and the intended use. No other use is intended, and the scope of work may not be appropriate for other use. Neighborhood Comments The Subject neighborhood is considered to be the area from 41 st Street on the east to 53rd Street on the west, bordered by Avenue Q on the south, and St. Lucie Boulevard on the north. Access to the Subject Neighborhood is considered good via Juanita Avenue and Avenue Q. Proximity to employment, schools, and services is considered good. Overall appeal to the market is considered average to good. Comments on Sales Comparison All of the Comparables are located within similar subdivisions. The Subject Property has approximately .74 acres or 32,400 square feet. Given that directly comparable sales data with regards to size was limited, we have analyzed five different comparables based on an adjusted whole lot price basis then looking at the price per square foot of each sale. By using the price per sqaure foot analysis, it enables the various sized comparables to be compared to the Subject on an equal line basis. We have made the appropriate abstracted adjustments to each of the comparables where necessary and have examined the whole adjusted lot sales prices on a price per square foot basis. Below is a discussion of each sale, and a conclusion based on a per square foot analysis. It is important to note that the Subject Property could not be subdivided at this time and only one single family residence could be constructed upon it. This was verified with representatives of St. Lucie County Zoning Department. The property is also unique in that it is currently zoned RF, Religious Facilities. The underlying Land Use Designation is RU, Residential Urban. According to representatives from the St. Lucie County Zoning Department, given that the properties surrounding the Subject site all are of RS-4, (residential zoning)and have residential uses in place, it is likely that the Subject Property could obtain a zoning change at some point in the future. Therefore, given Addendum Page 1 of 2 Borrower. File No.: 09-62182 Property Address: XXX North 43rd Avenue/ 1431-802-0024-0003 Case No.: City:Ft Pierce State: FL zip 34946 Lender. St. Lucie County the surrounding uses, it is in our opinion that the Subject Property has a Highest and Best Use for Single Family Residential. Comparable 1 is the sale of a 7,755 square foot lot located on the west side of 42nd Street in the Harmony Heights subdivision. The purchase price was $11,500 in December 2008. We have adjusted Comparable 1 downwards 5% for market conditions in order to recognize the general decline in values since the end of 2007 and 2008 to the current time. We have also adjusted this comparable for size, as it is much smaller than the Subject Property. Whereas with lots of similar size we have made adjustments with regards to width and depth, in this case there is such a large size difference that economies of scale would likely be recognized. Given the fact that we are analyzing the comparables on a per square foot basis, this sale has been adjusted downward for size. Typically significantly smaller lots will sell for a higher price per square foot. The adjusted sales price is indicated at $8,050, which equates to $1.04 per square foot. Comparable 2 is the May 2008 sale of a 5,720 square foot lot located on the north side of Grady Avenue in the Harmony Heights Subdivision. The purchase price was $8,000. The tot is also significantly smaller and has been adjusted accordingly due to the economies of scale. We have adjusted this comparable downward for market conditions in order to recognize that property values within the Subject Neighborhood have slowly declined over the last twelve months. This comparable has a slightly superior view as it has a partial canal view. The appropriate adjustments have been made with this regard. The adjusted sales price is $4,400, which equates to $0.77 per square foot. Comparable 3 is the May 2008 sale of a 21,780 square foot lot located on the southeast comer of 47th Street and Avienda Avenue. The purchase price was $30,000 and was purchased by St. Lucie County as part of the Stormwater Management Project. The lot is more similar with regards to size than Comparables 1 or 2, however still warrants a slight adjustment. We have adjusted this comparable downward for market conditions in order to recognize that property values within the Subject Neighborhood have slowly declined over the last twelve months. This comparable has a comer location and is considered superior warranting a downward adjustment for view/location. The adjusted sales price is $21,000, which equates to $0.96. Comparable 4 is the current listing of a 30,927 square foot parcel located along North 14th Street. The asking price is $39,000 and has been on the market at this price for 182 days with very little activity. The site is considered very similar to the Subject Property with regards to size and no adjustment is required. The only adjustment made to Comparable 4 is for market conditions. We have adjusted this comparable downwards 15% in order to recognize that it is a listing that has been on the market a substantial amount of time with little activity. The adjusted listing price is $35,100, which equates to $1.13 per square foot. Comparable 5 is the current listing of a 35,400 square foot parcel located along the south side of Juanita Avenue, just east of North 53rd Street. The asking price is $30,000 and has been on the market at this price for 278 days with very little activity. The site is considered very similar to the Subject Property with regards to size and no adjustment is required. The only adjustment made to Comparable 5 is for market conditions. We have adjusted this comparable downwards 15% in order to recognize that it is a listing that has been on the market a substantial amount of time with little activity. The adjusted listing price is $27,000, which equates to $0.76 per square foot. Conclusion Based on a square foot analysis the comparables ranged from $0.76 to from $1.13, with an average indication of $0.95 per square foot. All of the comparables have been analyzed carefully with the appropriate adjustments having been made. We have given consideration to all of the comparables, with the most weight place on Comparables 3, 4, and 5 as they are the most similar with regards to size. These three comparables have an average indication of $0.95 per square foot. While there is very little directly comparable data in this market at this time, we have used the best available data. In our opinion, the best way to analyze the comparable data given the various sizes, was the price per square foot Therefore, it is in our opinion that the Subject Property is best represented at $0.95 per square foot. and would be calculated as follows: $0.95 per square foot X 32,400 = $30,780 Rounded $31,000 Addendum Page 2 of 2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney ITEM NO. VI-B-5 DATE: March 9, 2010 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ J CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager SUBJECT: Donation of Right -of -Way Lennar Homes, LLC Silver Oaks Planned Unit Development 20 feet on Silver Oaks Drive and 120 feet for the realignment of Lennard Road Resolution No. 10-079 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: March 1, 2005 - Resolution No. 05-021 granted Preliminary and Final Planned Unit Development approval for Silver Oaks PUD. February 6, 2007 - Resolution No. 07-018 granted a 12 Month Extension of the Final Planned Unit Development Site Plan approval for Silver Oaks PUD. February 19, 2008 - Resolution No. 08-012 granted a 12 Month Extension of the Final Planned Unit Development Site Plan approval for Silver Oaks PUD. February 10, 2009 - Public Hearing for Lennar Homes, LLC to consider DVA 09-002 and schedule a second Public Hearing for February 17, 2009. February 17, 2009 - DVA 09-002 was approved between Lennar Homes, LLC and St. Lucie County. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed, authorize the Chairman to sign Resolution No. 10-079 and direct staff to record the documents in the Public Records of St. Lucie County, Florida COMMISSION ACTION: CONCURRENCE: K APPROVED [ ] DENIED [ ] OTHER-I--� Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: [x] Road and Bri "' [x] Public Works:`- _a Daniel McIntyre Don Pauley Don We x Originating Dept: [x] Engineering: MVP [X[ Count Suly � ?4 [ ] g g P • y eyor���r _ JoAnn Riley'i Michael Powley Rpn Ha=is PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: March 9, 2010 SUBJECT: Donation of Right -of -Way Lennar Homes, LLC Silver Oaks Planned Unit Development 20 feet on Silver Oaks Drive and 120 feet for the realignment of Lennard Road Resolution No. 10-079 , BACKGROUND: Resolution No. 05-021 approved the Preliminary and Final Planned Unit Development for Silver Oaks PUD. On February 17, 2009, the Board of County Commissioners approved DVA 09-002 between Lennar Homes, LLC and St. Lucie County. Lennar Homes, LLC was required to donate 20 feet of right-of-way on Silver Oaks Drive and 120 feet for the realignment of Lennard Road. Attached is an executed Warranty Deed for the rights -of -way donation on Silver Oak Drive and for the realignment of Lennard Road. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed, authorize the Chairman to sign Resolution No. 10-079 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, 'JoAnn Riley U Property Acquisition Manager - ' � III I it � - This Instrument Prepared by: Douglas M. Smith, Esq. Hopping Green & Sams, P.A. 119 S. Monroe Street, Suite 300 P.O. Box 6526 Tallahassee, FL 32301 WARRANTY DEED This space reserved for use by the Clerk of the Circuit Court THIS INDENTURE is made and executed thiQ5 d y of September, 2009, by LENNAR HOMES, LLC, a Florida Limited Liability Company formerly known as Lennar Homes, Inc., a Florida Corporation, 700 N.W. 107`h Avenue, Suite 400, Miami, Florida 33172 ("Grantor") and ST. LUCIE COUNTY, FLORIDA, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 ("Grantee"). WITNESSETH: THAT Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, remises, conveys and confines unto Grantee, certain real property located in St. Lucie County, Florida, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"). THAT Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except ad valorem real property taxes for the year 2009 and all matters of public record as reflected in Schedule B Part II of Title Commitment No. 430900361 issued by Chicago Title Insurance Company on September 23, 2009, attached hereto as Exhibit B. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the day and year set forth above. GRANTOR LENNAR HOMES, LLC, Formerly known as Lennar Homes, Inc., a Florida Corporation By: Its: Signed, sealed and delivered e presence of - Print Name: Print Nam STATE OF FLORIDA COUNTY OF D M)F_ The foregoing instrument w executed, sworn to and acknowledged befor me this��'1 day of September, 2009, by . I:� VA dy Mf_il�f l d i , as _ 1rS" of Lennar Homes, LLC, formerly jcnown as Lennar Homes, Inc., a Florida Corporation, who is personally known tc or has produced a valid driver's license as identification �ara•� � RITA R016-MADR16Al a ~ 4L Notary Public - State of Ronda ' My Comm. Expims Apr 27, 2013 Commission # DD $78509 WrAld Though NdWW Notary Apne Nbtary Public Signature r—M rnAAn'4LA Typed or PriAted Notar� Name Notary Seal LEGAL DESCRIPTION SKETCH ONLY NOT A BOUNDARY SURVEY (TRACT "A" FUTURE LENNARD ROAD) A CERTAIN PARCEL OF LAND, LYING IN SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, SAID LANDS BEING A PORTION OF THE PROPOSED PLAT OF SILVER OAKS, SAID PROPOSED PLAT BEING A REPLAT OF TRACTS I THRU 16, BLOCK 4, PLAT NO. 1, ST. LUCIE GARDENS, AS RECORDED IN PLAT BOOK I, PAGES 35 AND 36, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST; SAID POINT ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF TRACT "A", A.K.A. PROPOSED LENNARD ROAD; THENCE S 89°52'45" W, ALONG SAID SOUTH RIGHT OF WAY LINE, SAID LINE ALSO BEING THE SOUTH LINE OF THE AFORESAID SECTION 23, A DISTANCE OF 1913.85 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHEAST, WITH A RADIUS OF 785.00', AND WHOSE CENTRAL ANGLE IS 60039'38", AND WHOSE CHORD BEARS N 59047'26" W; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 831.10' TO A POINT WHICH LIES ON THE EASTERLY RIGHT OF WAY LINE OF SILVER OAK DRIVE, SAID LINE ALSO LYING 50.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE SOUTHEAST '/4 (ONE -QUARTER), OF AFORESAID SECTION 23. SAID LINE ALSO BEING THE WEST LINE OF PROPOSED TRACT "A", A.K.A. PROPOSED LENNARD ROAD, OF THE PROPOSED PLAT OF SILVER OAKS, POINT ALSO BEING NON -TANGENT. CONTINUE N 00013'26" W. ALONG SAID LINE, A DISTANCE OF 1704.19' TO A NON -TANGENTIAL POINT OF CURVATURE OF A CURVE, CONCAVE TO THE WEST, WITH A RADIUS OF 780.00', AND A CENTRAL ANGLE OF 13-0010", AND WHOSE CHORD BEARS S 06043'31" E; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 177.01' TO A POINT WHICH LIES 20.00' EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE EASTERLY RIGHT-OF-WAY LINE OF THE AFORESAID SILVER OAK DRIVE, SAID LINE ALSO BEING THE EAST LINE OF PROPOSED TRACT "A", A.K.A. LENNARD ROAD, OF THE PROPOSED PLAT OF SILVER OAKS; THENCE S 00013'26" E, ALONG SAID LINE, A DISTANCE OF 1145.29', TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHEAST, WITH A RADIUS OF 665.00', AND A CENTRAL ANGLE OF 89°53'49"; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1043.38' TO A POINT ON A LINE WHICH LIES 120.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST '/4 (ONE -QUARTER), OF AFORESAID SECTION 23, SAID LINE ALSO BEING THE NORTH LINE OF PROPOSED TRACT "A", A.K.A. LENNARD ROAD, OF THE PROPOSED PLAT OF SILVER OAKS; THENCE N 89052'45" E, ALONG SAID LINE, A DISTANCE OF 1914.27' TO A POINT ON THE EAST LINE OF THE SOUTHEAST '/4 (ONE -QUARTER) OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ALSO BEING THE CENTERLINE OF "SHANA'S TRAIL", A PRIVATE INGRESS/EGRESS EASEMENT PER O.R.B. 1155, PAGE 1237, ST. LUCIE COUNTY PUBLIC RECORDS; THENCE S 00004'40" W, ALONG SAID LINE, A DISTANCE OF 120.00' TO THE POINT OF BEGINNING. CONTAINING 8.3915 ACRES MORE OR LESS. LEGEND P.O.C. = POINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING SURVEYOR'S NOTES: P.B. = PLAT BOOK 1. THIS IS NOT A BOUNDARY SURVEY. PG. = R = PAGE RADIUS 2. BEARINGS HEREON BASED ON THE SOUTH LINE OF L = ARC LENGTH SECTION 23 TOWNSHIP 36 SOUTH, RANGE 40 EAST, SAID A = CENTRAL ANGLE LINE BEARS S 89052'45" W. ALL BEARINGS ARE RELATIVE CB = CHORD BEARING THERETO. R/W = RIGHT-OF-WAY 3. NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS C = U.E. = CENTERLINE UTILITY EASEMENT OFFICE. CERTIFICATION: UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, MAP, SKETCH OR PLATIS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. DATE 9`(u,I`) _ SIGNATURE DATE JONATHAN T. GILBERT PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5604 MICHAEL B. SCHORAH & ASSOCIATES, INC. 1850 FOREST HILL BLVD., SUITE 206 WEST PALM BEACH, FLORIDA 33406 EB# 2438 TEL. (561) 968-0080 FAX. (561) 642-9726 LB# 2438 TRACT "A" (FUTURE LENNARD RD.) SILVER OAKS FIELD NONE DRAWN M.A.M. I SCALE I" - 200' ( PROPOSED PLAT) BOOK: NONE DATE: SEPT., 2009 PROJ. FILE 1228 CADDFILE 1228-RD PACE: NONE CHECKED: C.S.P. SHEET NO. I OF 4 JOB NO 1228 THIS IS NOT A BOUNDARY SURVEY GRAPHIC SCALE 0 100 200 400 ( INnw) 1 inch = 200 ft I Lj U), � Lo (n �z ; SILVER OAKS 'M - z PROPOSED PLAT) z '•v IL O O w l M IX _ 1a W (_ N 89052'45"E 1914 17'' ILL O It O wLo (17 W M = N ~ z I L-O O �z W V Iz W � J W I z ZM W 00 Xz I as cD � WM MUN Y J O~d Z ma= NY o -0 m z a a JJ as W TRACT "A" (FUTURE LENNARD ROAD) 10 w _ - _ - o cn S B9°52'45"W 1914.06' ( PROPOSED) � 1913.8 5' � z S 89052'45"W 2597.44'(OA) P.O.B. J I (SECTION LINE) SOUTHEAST CORNER OF SECTION 23,79, = TOWNSHIP 36 SOUTH, RANGE 40 EAST U S. LINE OF THE SE. I/4 OF SECTION 23, FD. 5/8" IRON ROD/CAP 1— TOWNSHIP 36 SOUTH, RANGE 40 EAST Q S 89052'45"W 2647.44' (1/4 SECTION LINE) (COULD NOT READ ID#) BLOCK I PLAT NO.1, SAINT LUCIE GARDENS PLAT BOOK 1, PAGES 35 AND 36 -15' :�: O o0 00 O O a, N MICHAEL B. SCHORAH & ASSOCIATES INC. 1850 FOREST HILL BLVD., SUITE 206 TRACT "A" (FUTURE LENNARD RD.) [ERM-119111 WEST PALM BEACH, FLORIDA 42-9 SILVER OAKS EB# 2438 TEL. (561) 968-0080 FAX. (561) 642-9726 LB# 2438 FIELD: NONE DRAWN: M.A.M. SCALE: i" = 200' ( PROPOSED PLAT) eoOK: NONE DATE: SEPT., 20091 PROJ. FILE 1226 7•\lnhc\GTI VFR 0AKG-177R\rlwn\CIIRVFY\177R R(1 rlwn R116/7(AW Q•54.44 AM. DI (1TTF11 RY• MARK THIS IS NOT A BOUNDARY SURVEY GRAPHIC SCALE 0 100 200 400 MATCH LINE (SEE SHEET 4) IN FEET I inch 200 ft 20, EDN uj > in u o z l iv LL 11) 1-- a- 0 cu Z0 ------ Z le 0 0 0 LLI cli LLJ. cn Z< > 0 0 LLJ _j 10 0 SILVER OAKS uj PROPOSED PLA (n w 0 -'T u- O 0 z J Lj U) 0 L 1043.3 w cn R =665. 00' 0 z 911 A =89'0 53'4 LL z 0 m C.B.=S45'10'2d E W cn Z L=895.57' -J .0 3r: R=725.00' A=70046'32" -7- C.B.=S54043'59 E LLJ C� 01 0 "'o ......... w Ir < I.- > LLJ in 0 TRACT "A" (FUTURE LENNARD ROAD) -J I — 1 I50''5 LLJ Cn 0 S 89052'45"W 1914.06' 683.59' CD (PROPOSED) 1913.85' L=831 . 10' S 89052'45"W 2597.44'(OA) R =785. 00' (SECTION LINE) A=60039'38" S. LINE OF THE SE. 1/4 OF SECTION 23, C . B . =N590 47' 26"W TOWNSHIP 36 SOUTH, RANGE 40 EAST SOUTH 1/4 CORNER OF SECTION 23, S 89052'45"W 2647.44' (1/4 SECTION LINE) TOWNSHIP 36 SOUTH, RANGE 40 EAST BLOCK I PLAT NO.1, SAINT LUCIE GARDENS PLAT BOOK 1, PAGES 35 AND 36 MICHAEL B. SCHORAH & ASSOCIATES, INC. 1850 FOREST HILL BLVD., SUITE 206 WEST PALM BEACH, FLORIDA 33406 EB# 2438 TEL. (561) 968-0080 FAX. (561) 642-9726 LB# 2438 FIELD. NONE DRAWN: M.A.M. SCALE: in - 200, BOOK: NONE DATE: SEPT.. 2009 PROJ FILE 1228 PAGE: NONE CHECKED: C.S.P. CADDFILE 1228-RD TRACT "A" (FUTURE LENNARD RD.) SILVER OAKS PROPOSED PLAT) SHEET No. 3 OF 4 IJOB NO 1228 7-\lMc\';TIVFR nAKr.177RkeI—\1,IIRVFY\177R Rf) ri— QliSpfYW I -Q-77 PM Pir=n Ry. MARK THIS IS NOT A BOUNDARY SURVEY r p o Lj UJ o H J Q U J ? Y Q O Iz W J U) _ CL TILTON ROAD w J— (80' R/W) 3 tr W N N u0i (L I- fn I 3 Z Z Q I N "� OW (�I O L) 0 W z I ' GRAPHIC SCALE O Q 0 100 200 400 vIX w I L 177`,. 0 IN FM I' w ,;- --R=780, 00' 1 inch 200 rt ILD =13° OO' 10" LL -C -B . "-S66 43' 31 "E O= w cn Z Z o SILVER OAKS 3 ~ ; ( PROPOSED PLAT) IW , of i+ 4....... __..._ ..__.... _. Q ( f • I 0. cr- (n O ' `'I O lT V „ J V MATCH LINE (SEE SHEET 3) MICHAEL B. SCHORAH & ASSOCIATES, INC. 1850 FOREST HILL BLVD., SUITE 206 WEST PALM BEACH, FLORIDA 33406 EB#2438 TEL. (561) 968-0080 FAX. (561) 642-9726 LB#2438 FIELD: NONE DRAWN: M.A.M. SCALE: I" = 200, BOOK: NONE DATE. SEPT., 2009 PROS FILE 1228 PAGE: NONE CHECKED: C.S.P. CADDFILE 1228—RD TRACT "A" (FUTURE LENNARD RD.) SILVER OAKS ( PROPOSED PLAT) SHEET NO 4 OF 4 IJOB NO 1228 7•\1Mc\QTI VFR OAM 177R1r1wn\tl IRVFY\177R Rn Awn Q115/7NIQ'i•57.74 PM. PI n-rrF11 RY• MARK RESOLUTION NO. 10-079 A RESOLUTION ACCEPTING A WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Warranty Deed is duly accepted on behalf of St. Lucie County this 9th of March 2010. ATTEST: DEPUTY CLERK S:\ACQ\WP\Right of Way Donations\Silver Oaks PUD\Resolution.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY This Instrument Prepared By: Gary IC Hunter, Jr. Douglas M. Smith HOPPING GREEN do SAMS, P.A. 123 S. Calhoun Street Taliahassee, FL 32301 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3344375 05/130009 at 08:34 AM OR BOOK 3089 PAGE 15 - 68 Doc Type: AGR RECORDING: WO-50 THP DEV LOPMENT AGREEMENT ("Agreement") is entered into this I T,- day of 1 2009, by and between the St. Lucie County Board of County Commissioners (the "County") and Lennar Homes, LLC ( the "Developer") for the purpose of establishing and binding the development rights of the Developer for certain real property located within the unincorporated area of St. Lucie County, Florida, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Property"). This Agreement is also entered into by the County and the Developer for the purpose of providing assurances to the Developer that it may proceed with the development of the Property in accordance with existing laws and policies subject to the conditions of this Agreement; and, insuring that this Agreement is in compliance with applicable provisions of Sections 163.3220 through 163.3243, Florida Statutes (2008), the St. Lucie County Comprehensive Plan, and the St. Lucie County Land Development Code. RECITALS WHEREAS, the intent of the Florida Local Government Development Agreement Act (the "Act") is explicitly stated in Section 163.3220, Florida Statutes (2008), which provides in pertinent part as follows: (2) The Legislature finds and declares that: (a) The lack of certainty in the approval of development can result in a waste of economic and land resources, discourage sound capital investment planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning. (b) Assurance to a developer that upon receipt of its development permit it may proceed with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development. (3) In conformity with, in furtherance of, and to implement the Local Government Comprehensive Planning and Land Development Regulation Act and the Florida State Comprehensive Planning Act of 1972, it is the intent of the Legislature to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. (4) This intent is effected by authorizing local governments to enter into development agreements, subject to the procedures and requirements of ss. 163.3220-163.3243. (5) Sections 163.3220-163.3243 shall be regarded as supplemental and additional to the powers conferred upon local governments by other laws and shall not be regarded as in derogation of any powers now existing. WHEREAS, Section 11.08.00 of the St. Lucie County Land Development Code ("LDC") specifically empowers the County to enter into development agreements with developers to facilitate the orderly development of real property in St. Lucie County; and WHEREAS, the Developer wishes to construct a residential development consisting of single family homes and multi -family townhouses as well as accessory uses, including, but not limited to, parking facilities (the "Silver Oaks PUD"), all as more specifically depicted on the Silver Oaks Site Plan as revised and approved by the County prior to final execution of the Development Agreement by the Chair of the County Commission, attached hereto and incorporated herein by reference as Exhibit B ("Site Plan"); and WHEREAS, the Property is currently zoned Planned Unit Development on the County's Official Zoning Atlas and is designated Residential Urban (RU) under the Future Land Use Element of the St. Lucie County Comprehensive Plan; and WHEREAS, the Property has received final site plan approval for a development containing three hundred and twenty-five residential units consisting of single family homes and multi -family townhomes. The site plan approval is set forth in St. Lucie County Resolution No. 05-021, as amended by Resolutions 07-018 and 08-012, and modified on October 30, 2007 (hereinafter "Site Plan Approval"); and WHEREAS, the Developer owns the Property, which consists of a an approximately one hundred and fifty-five (155) acre parcel located on Tilton Road and Silver Oak Drive; and WHEREAS, the Property is located within the limits of the Lennard Road 1 Municipal Services Benefit Unit (road improvements), the Lennard Road 2 Municipal Services Benefit Unit (potable water improvements), and the Lennard Road 3 Municipal Services Benefit Unit (wastewater treatment improvements) (hereinafter collectively referred to as the "Lennard Road MSBUs") which were created by the County on June 6, 2000; and WHEREAS, the improvements contemplated to be developed and funded through the Lennard Road MSBUs have not been constructed and the County is presently unable to fund those improvements through the MSBUs; and WHEREAS, it is anticipated that the MSBUs may be funded and constructed within five (5) years of the date of this Agreement; and WHEREAS, the Property possesses desirable and requisite characteristics to accommodate the Silver Oaks PUD; and WHEREAS, the Silver Oaks PUD may be constructed in phases over a period of years as reflected in the Site Plan Approval and pursuant to the timeframes specified in Exhibit C hereto; therefore, the Developer is desirous of entering into a contractual agreement with the County to memorialize an agreement regarding its development rights with regard to the Property; and WHEREAS, it is in the best interests of the County and the citizens of the County that the development of the Property be completed in a planned and orderly fashion giving consideration to the subjects addressed by this Agreement; and WHEREAS, the Developer and the County have agreed upon terms and conditions relating to the development of the Property, development rights, and benefits to the County and the citizens of the County which are acceptable to the Developer and acceptable to the County such that the Developer and the County have deemed it appropriate that the terms and conditions of their agreement be reduced to written form; and WHEREAS, the benefits to the County as a result of entering into this Agreement are unique to the particular circumstances of this Agreement; and WHEREAS, the Act provides a means for the Developer and the County to document the assurances sought by each and commitment to the terms and obligations of this Agreement; and WHEREAS, pursuant to the requirements of Section 163.3225, Florida Statutes (2008), the County has held two public hearings with respect to this Agreement, those being held on February 10, 2009 and February 17, 2009, with public notice provided for each hearing as required by law. NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein and other good and valuable consideration, the Developer and the County enter into this Development Agreement and do hereby agree as follows: Section 1: Recitals. The foregoing recitals are true, correct and incorporated herein by reference. Section 2: Leeal Description of the Pro An accurate legal description of the Property subject to the terms and conditions of this Agreement is attached hereto as Exhibit A, and incorporated herein by reference. The current owner of legal and equitable title to the Property is Lennar Homes, LLC. Lennar Homes, LLC hereby represents and warrants that it is the current owner of all legal and equitable title in the Property. Section 3: Effective Date and Duration of Agreement. Unless extended pursuant to the terms hereof, the duration of this Agreement shall be three (3) years commencing with the effective date of this Agreement. The time for development authorized hereby shall supersede any timeframes for development set forth in the Site Plan Approval, including the expiration date of the Site Plan Approval and that certain Certificate of Capacity No. 2071 dated August 5, 2005 ("Certificate of Capacity"). This Agreement shall not become effective until thirty (30) days after delivery of this fully executed and recorded copy of this Agreement to the Florida Department of Community Affairs ("DCA"). The duration of this Agreement may be extended upon mutual consent of the County and the Developer follow a public hearing as provided for in the Act In the event DCA or any other interested party not affiliated with the landowner or developer files a lawsuit or other legal proceeding challenging the validity of this Agreement, this Agreement shall not become effective until such time as a judgment is entered by a court of competent jurisdiction finding the Agreement valid and enforceable and such judgment becomes final and non -appealable. Section 4: The Silver Oaks PUD. The application and all submissions, documents and correspondence related to the proposed development of the Silver Oaks PUD, including (without limitation) all traffic and environmental studies, are hereby incorporated herein as "Application Materials." A. Site Plan for Development. Attached hereto and incorporated herein as Exhibit B is the Site Plan for the Silver Oaks PUD depicting the proposed areas of development, the respective types of development to be constructed on the Property and the buffers of the development on the perimeter of the Property. The parties understand and agree that the attached Site Plan and the Site Plan Approval establish the maximum building density for the Silver Oaks PUD as well as the minimum landscaping and wetland buffers for the perimeter. The parties further understand and agree that the Site Plan generally depicts the southern alignment for Lennard Road, as more thoroughly described in Section 5 of this Agreement. For purposes of this Agreement, it is agreed that the Site Plan accurately 4 depicts the type and density of development to be constructed on the Property. The parties further agree that the Site Plan and Site Plan Approval and Certificate of Capacity shall be extended for a period of three (3) years from the effective date of this Agreement. The parties acknowledge and agree that the Developer is currently processing a site plan adjustment to clarify the acreages of certain wetland and upland preserve tracts. The parties agree that such site plan adjustment shall be reviewed and approved by the Director of Growth Management as a minor site plan adjustment pursuant to Section 11.02.05.E of the LDC. Unless otherwise provided herein, any revisions to the approved PUD subsequent to the approval of this Developers Agreement shall be processed, evaluated and approved pursuant to Chapter 11 of the Land Development Code. B. Uses, Densities. Intensities. and Height. Attached hereto and incorporated herein as Exhibit "B" is the Site Plan for the Silver Oaks PUD depicting the proposed areas of development and the development uses permitted on the Property. Development of the Property shall not exceed 325 residential dwelling units; however, Developer may seek adjustment of such Site Plan in accordance with Section 11.02.05 of the LDC without amending this Agreement so long as such adjustment does not increase the projected traffic generation for the project as identified in the applicable traffic studies submitted with the Application Materials. Single Family Residential Units. The Developer intends to construct ninety-one (91) detached, single family residential units on the Property as depicted on the Site Plan and in accordance with the Site Plan Approval. 2. Twwnhome Residential Units. The Developer intends to construct two hundred and thirty-four (234) attached, multi -family townhome units on the Property as depicted on the Site Plan and in accordance with the Site Plan Approval. C. Accessory Structures and Parking. The Developer intends to construct those accessory structures depicted on the Site Plan including, but not limited to, two recreation centers (which may consist of swimming pools and/or clubhouses), security gate and bus shelter. D. Traffic Improvements. The Developer shall provide internal sidewalks and roads within the Silver Oaks PUD as depicted on the Site Plan. The parties understand and agree that all roads and sidewalks located within the Silver Oaks PUD will be designed and constructed to County standards at the expense of the Developer, subject to receipt of all required governmental approvals. The parties further understand and agree that all sidewalks and roads located within the Silver Oaks PUD shall be owned and maintained by the Silver Oaks Property Owners' Association. Those traffic improvements constructed by the Developer pursuant to this Agreement which are located outside of the Silver Oaks PUD shall ultimately be dedicated to the County for its ownership and maintenance. E. Landscaping: Site Restoration. The landscaping for the Silver Oaks PUD will be as depicted on the Site Plan, to the extent possible. The Developer acknowledges that all landscaping must be completed in accordance with the applicable provisions of the St. Lucie County Land Development Code. Prior to issuance of a Vegetation Removal Permit or Exemption, the Developer shall finalize an Improvement Agreement acceptable to the St. Lucie County Environmental Resources Department ("ERD") covering the cost to restore the site as well as the cost of all required landscaping, irrigation, and related improvements as shown in the Site Plan. F. Wetlands. The parties agree that wetlands depicted on the Site Plan are to be created and/or defined by the Developer as part of the Silver Oaks PUD. The Developer represents that it has obtained certain environmental permits for various federal, state and local authorities and that the same are identified in Exhibit D hereto. The Developer acknowledges that it is responsible for obtaining all necessary wetland permits from the applicable permitting agencies whether federal, state or local. The Developer reserves the right to seek all necessary regulatory approvals (including filling authorization) for altering the jurisdictional wetlands, if any, depicted on the Site Plan in a manner which would require the least disturbance possible but permit the Developer to facilitate the Silver Oaks PUD as depicted on the attached Site Plan. The parties understand that Developer may seek variances from the County wetland setback requirements, however, the parties agree that this Agreement shall in no way constitute evidence that any variance shall be granted or denied. The Board of County Commissioners expressly reserves the right to grant or deny any variance requested by any property owner with regard to the Property. Prior to issuance of a Vegetation Removal Permit or Exemption or prior to or contemporaneous with recordation of a final plat, whichever occurs first, the applicant or his assigns shall provide a conservation easement in favor of St. Lucie County for the wetland preserve areas, including their associated upland buffers. The conservation easement shall be in a form acceptable to the County Attorney and substantially in the form attached hereto as Exhibit G.. The easement shall provide that the Homeowner's Association shall be responsible for maintaining the conservation easement area in accordance with the St. Lucie County approved Preserve Area Monitoring and T Management Plan. Wetland preserve areas covered by the above -mentioned conservation easement shall be identified on the final recorded plat, and the book/page of the easement document shall be indicated on the plat. G. Upland Preserves. Prior to issuance of a Vegetation Removal Permit or Exemption or prior to or contemporaneous with the recordation of the final plat, whichever occurs first, the Developer shall dedicate to the County by separate instrument the upland preserves as shown on the approved Site Plan. The instnunent effecting the dedication shall be in a form acceptable to the County Attorney and substantially in the form attached hereto as Exhibit H. The dedication shall provide that the Homeowner's Association shall be responsible for maintaining the Upland Preserve areas in accordance with the St. Lucie County -approved Preserve Area Monitoring and Management Plan. H. Utility Services. The Developer will supply adequate public utility facilities and services to serve the Silver Oaks PUD concurrent with the impact creating the need for such services, including, but not limited to, potable water distribution, wastewater collection and solid waste disposal. The Developer will work with all necessary governmental entities, including the City of Port St. Lucie, to ensure that utilization of the constructed utility system will not adversely impact those utility customers adjacent to the Silver Oaks PUD. The Developer must obtain all necessary governmental approvals and permits prior to utilization of any potable water or wastewater collection utility system constructed by Developer. Potable Water Distribution. Drinking water for the Silver Oaks PUD will be supplied by the City of Port St. Lucie. The Developer will construct or cause to be constructed all necessary potable water service infrastructure within the Silver Oaks PUD. It is the intention of the Developer that upon construction of such potable water service infrastructure, the infrastructure will be ultimately owned and maintained by the City. Water service will be available to each area of the Silver Oaks PUD in adequate volume prior to improvements being constructed in each particular phase of development. 2. Wastewater Collection. Wastewater collection and treatment services for the Silver Oaks PUD will be provided by the City of Port St. Lucie. The Developer will construct or cause to be constructed all wastewater collection infrastructure within the Silver Oaks PUD. It is the intention of the Developer that upon construction of such wastewater collection infrastructure, the infrastructure will be ultimately owned and maintained by the City. Wastewater collection service must be available in adequate capacity prior to construction of improvements in each particular phase of development. 7 Solid Waste Disposal. There will be no particular improvements or facilities required for solid waste collection within that portion of the Silver Oaks PUD comprised of single family or multi -family residential units. I. Stormwater Treatment Facilities. The stormwater treatment facilities for the Silver Oaks PUD will be constructed as depicted on the Site Plan and as approved by the Site Plan Approval. All stormwater runoff and drainage system improvements within the Silver Oaks PUD will be: (1) designed and constructed to County standards; (2) treated to minimum South Florida Water Management District water quality standards; (3) constructed or caused to be constructed by the Developer; and (4) maintained by the Silver Oaks Property Owners' Association. The County will not be responsible for any construction or maintenance costs associated with the stormwater drainage system within the Silver Oaks PUD. The system will be designed and constructed so that there will be no outflow onto adjacent properties unless otherwise approved by the County and other regulatory authorities and will be designed to protect adjacent surface waters by use of best management practices and other innovative techniques. Certificate of Capacity. Pursuant to Section 4.A., above, the Certificate of Capacity for the Silver Oaks PUD shall be extended for a period of three (3) years from the effective date of this Agreement. Furthermore, pursuant to Section 5.D. the Certificate of Capacity shall apply if access to the site is secured via the extension of Lennard Road by the County (under the MSBU) or the Developer or if access is established via the connection of Tilton Road to Prima Vista Boulevard. The parties acknowledge that improvements to Midway Road will be required to mitigate the impact of the Silver Oaks PUD and that the total cost of those improvements is estimated to be $38,900,000. The parties further acknowledge and agree that the Developer's proportionate fair share of such improvements based on its relative traffic impact will be $340,764.00. Accordingly, the Developer agrees to pay to the County and the County agrees to accept $340,764.00 as the Developer's proportionate fair share payment for such improvements. Such payment shall be made within thirty (30) days of commencement of physical construction of the improvements to Midway Road (currently scheduled to commence in March 2012), after notice provided by the County to Developer, but no sooner than March 1, 2012, or prior to issuance of a building permit for a lot in the subdivision, whichever occurs first. In the event such payment is not made within the time specified above, the Certificate of Capacity and Site Plan depicted in Exhibit B shall expire and the remaining portions or unimplemented provisions of this Agreement shall become null and void. K. Other Conditions of Site Plan Approval. Unless otherwise provided in this Agreement, Developer shall comply with all conditions of approval set forth in Section A of the Site Plan Approval, which conditions are incorporated herein by reference. Section 5: Other Developer Contributions. In addition to the aforementioned Developer contributions to the public infrastructure of St. Lucie County, the Developer agrees to make the following additional contributions toward off -site improvements in areas near and adjacent to the Silver Oaks PUD by providing payment to the County for the purpose of such improvements or facilitating the construction of said improvements within the timeframes set for herein. A. Lennard Road: MSBUs and Single Family Assessments The Developer acknowledges the existence of the Lennard Road MSBUs and the inclusion of the Silver Oaks PUD within the Lennard Road MSBUs. The Developer agrees to pay the assessments ultimately levied against the single family residential properties within the Lennard Road MSBUs (less $18,000 already paid) which are identified with more particularity in Exhibit E (the "Single Family Assessments"). The Developer agrees to pay the above sum upon funding of the MSBUs and within forty-five (45) days of the receipt of an invoice from the County setting forth the estimated amount due. If the final cost is more than the estimated cost, the Developer shall pay an additional amount within forty-five (45) days of receipt of an invoice for the difference. If the final cost is less than the estimated cost, the Developer shall be entitled to receive a refund of the difference. This obligation shall survive the revocation or termination of this Development Agreement. Developer's agreement to pay in excess of fifty percent of the amount of the Single Family Assessments as set forth above shall not impact or increase Developer's relative obligation to pay its portion of the remaining cost of the MSBUs attributable to its development. 2. Dedication of Right of Way Within ninety (90) days of the effective date of this Agreement, the Developer agrees to dedicate those areas of the Property which are within the right-of-way for the southern alignment of Lennard Road as depicted in Exhibit F hereto (hereinafter "Lennard Road extension"). The conveyance shall be in a manner and form acceptable to the County Attorney. Upon dedication of the right of way by Developer, Developer, and its successors in interest to the Property, shall be entitled to a credit against all applicable traffic impact fees imposed by the County at the time of building permit issuance. The amount of the impact fee credit shall be established pursuant to Section 17-3 3. 1 (c)(6), St. Lucie County Code of Ordinances. The credit against impact fees provided hereby shall run with the land and extend in perpetuity until exhausted. The parties agree that under no 9 circumstances will the right-of-way dedicated to facilitate construction of the Lennard Road extension exceed one hundred thirty (130) feet in width and two thousand six hundred (2600) feet in length along the southern boundary of the Property. Along the western property line, the right-of-way dedicated to facilitate construction of the Lennard Road extension shall not exceed twenty four (24) feet in width and shall be located no less than three hundred and eighty (380) feet from the southwest property comer nor less than four hundred ninety five (495) feet from the northwest property comer. The parties hereby agree that under no circumstances shall the right-of-way dedicated by Developer pursuant to this Development Agreement to facilitate construction of the Lennard Road extension exceed 8.676 acres or 377,935.78 square feet. Upon written notice from the County that the MSBUs will be funded to allow construction of the roadway, within ninety (90) days thereafter the Developer agrees to submit to the County an estimate of the construction costs for the Lennard Road extension within the Silver Oaks PUD that are to be borne by the Developer. The Developer agrees that it will be responsible for construction of the Lennard Road extension within the boundaries of its Property only to the extent such alignment overlaps or is parallel to Silver Oak Drive and is adjacent to or north of the northern most right of way line of Dyer Road. The County agrees that it, or another governmental entity, is responsible for construction of the remainder of the Lennard Road extension, including all portions of the Lennard Road extension which are located south of the northern most right of way line of Dyer Road. The Developer further agrees to post security in the form of a performance bond or letter of credit ("Security") in the amount of the estimated construction costs for the Lennard Road extension for which the Developer is responsible within ninety (90) days of receiving written notice that the MSBUs will be funded or within thirty (30) days of receipt of a notice to proceed with the construction of the MSBU portion of the Lennard Road extension, which ever occurs later. The parties may mutually agree to one (1) reduction in the value of the Security as Lenard Road is constructed and agree that the Security shall be returned or released upon completion of the Lenard Road extension roadway improvements for which the Developer is responsible within the Silver Oaks PUD. B. Tilton Road Prior to or contemporaneous with construction of the Silver Oaks PUD, the Developer agrees, at its own cost, to design, permit and construct those portions of Tilton Road extending from Silver Oak Drive to the easternmost project entrance of the Silver Oaks PUD on Tilton Road and to diligently pursue such construction through completion. Upon completion of construction, Developer shall dedicate to the County those areas of the Property which are within the right-of-way for those portions of Tilton Road constructed by the Developer to establish such entrance. The design and construction of Tilton Road shall be subject to inspection and approval of the County. The parties agree that Mr. Michael Powley shall initially serve as the liaison between the Developer, County and St. Lucie County Public Works Department for purposes of coordinating completion of the Tilton Road improvements. No certificates of occupancy may be issued for the Silver Oaks PUD until the Tilton Road improvements are complete and 10 conditionally accepted by the County. The Developer shall be required to enter into a separate road improvement agreement with the County and to furnish the County with a form of security approved by the County Attorney. The amount of security shall be 115% of the estimated cost of construction. The engineer's estimate of probable cost shall be approved by the County Engineer. C. Silver Oak Drive Prior to or contemporaneous with the construction of the Silver Oaks PUD, the Developer, at its own cost, agrees to design, permit and reconstruct and/or widen Silver Oak Drive from Dyer Road to Tilton Road and diligently pursue such construction through completion. Upon completion of such reconstruction and/or widening, Developer shall dedicate such improvements to the County. The design and construction of the improvements to Silver Oak Drive shall be subject to inspection and approval by the County. The Developer agrees to cooperate with the County in its construction of improvements along Silver Oak Drive to assure that the roadway as improved will align properly with that portion of the Lennard Road extension that will be funded by the County via the Lennard Road MSBU. The parties agree that Mr. Michael Powley shall initially serve as the liaison between the Developer, County and St. Lucie County Public Works Department for purposes of coordinating completion of the Silver Oaks Drive improvements. No certificates of occupancy may be issued for the Silver Oaks PUD until the Silver Oaks Drive improvements are complete and conditionally accepted by the County. The Developer shall be required to enter into a separate road improvement agreement with the County and to furnish the County with a form of security approved by the County Attorney. The amount of security shall be 115% of the estimated cost of construction. The engineer's estimate of probable cost shall be approved by the County Engineer. Upon dedication of the right of way and improvements by Developer, Developer, and its successors in interest to the Property, shall be entitled to a credit against all applicable traffic impact fees imposed by the County at the time of building permit issuance. The amount of the impact fee credit shall be established pursuant to Section 17-33.1(c)(6), St. Lucie County Code of Ordinances. The credit against impact fees provided hereby shall run with the land and extend in perpetuity until exhausted. D. Funding of MSBUs. The parties acknowledge that, as of the date of this Agreement, the MSBUs are currently not funded and may not be funded during the term of this Agreement. In the event the MSBUs are not in existence and funded within three (3) years of the effective date of this Agreement such that paved access and utilities are not made available to the Property within the term hereof, and in the event no mutually agreeable alternative arrangements for the provision of paved access and utilities are made, then Developer shall be entitled to undertake the development and construction of roadway and utilities intended to be constructed through the MSBUs at its own expense. The County agrees to cooperate with Developer in securing access for purposes of installing all roadway and utility improvements pursuant to this paragraph. In addition, Developer shall be entitled 11 to impact fee credits for its construction of roadway improvements in an amount to be established pursuant to Section 17-33. 1 (c)(6), St. Lucie County Code of Ordinances. Alternatively, in the event the MSBUs are not funded and constructed pursuant to the terms hereof, the Developer, at its sole option, may procure access to the Property by connecting Tilton Road to Prima Vista Boulevard. The costs associated with the design, permitting, and construction of such extension shall be borne by Developer. However, Developer shall be entitled to an impact fee credit for roadway improvements in an amount to be established pursuant to Section 17-33.1(c)(6), St. Lucie County Code of Ordinances. Furthermore, in the event Developer secures and constructs access to the Silver Oaks PUD via Prima Vista Boulevard as provided herein, the Certificate of Capacity shall remain in full force and effect; Developer shall not be required to amend the Certificate of Capacity to allow Developer to proceed with development of the Silver Oaks PUD based on the alternative access. Nothing contained in this subsection shall eliminate the Developer's obligation to make improvements to Silver Oak Drive and Tilton Road as set forth above. Section 6: St. Lucie County Development Apvrovals. All development permits approved or requiring approval by the County for development of the Property shall be issued by the County in accordance with County regulations, including but not limited to, the Comprehensive Plan, the LDC, and the County Code of Ordinances. The parties agree that such County regulations that are in existence and effect on the date of the execution of this Agreement will control and establish the density, intensity, bulk, height, setback, and the land uses and structures allowed to be developed on the Property under this Agreement. However, the parties specifically agree that the Developer will be required to comply with any code or ordinance in effect at the time of development approvals that govern the process for obtaining development approvals, site plan review codes, subdivision codes, platting codes; further the developer will comply with all other ordinances in effect at the time of development approval that govern environmental protection, trees, signage, traffic, utilities, concurrency, stormwater, and drainage, and the developer will pay all required fees and costs imposed by the County including impact fees as set by local code in existence at the time of development approval; notwithstanding the foregoing, to the extent approvals from the County or applicable regulatory have been procured and/or are reflected in the Site Plan, Site Plan Approval, or preliminary plat, the previously secured permits shall control. All applications for building permits shall comply with the building code in effect at the time of application. Notwithstanding anything to the contrary contained herein, the Site Plan and Site Plan Approval, as the same may be amended pursuant to the terms hereof, and the Certificate of Capacity shall not expire so long as a building permit is issued for the Silver Oaks PUD within the term of this Agreement and such building permit does not otherwise expire pursuant to the terms of Section 11.02.06 of the LDC. 12 Section 7: Other Development Approvals. The Developer acknowledges and agrees that it may need permits and authorizations from other state and federal agencies which are outside the scope of this Agreement. The Developer represents that it has procured various permits relating to the development contemplated hereby and that such permits are identified in Exhibit D hereto. The Developer further represents that additional local permits may be necessary prior to issuance of a Final Development Order as further described in Exhibit D. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. Prior to modifying or revoking this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. Section 8: Consistency With CoMRLghensive Plan and Land Development Code. A. Reservation of Dedication of Land for Public Purposes. The parties acknowledge that the Developer is making the certain dedications of land and improvements for public purposes as described herein and in the Site Plan Approval for the Silver Oaks PUD, including: (1) dedication of a conservation easement over the preserve areas within the development, including the upland preserve areas, the wetlands, and the wetland buffers as more particularly depicted on the Site Plan; (2) dedication of the right of way for the southern alignment of Lennard Road; and (3) dedication of right of way improvements to be made to Silver Oak Drive and Tilton Road as described herein. The parties agree that consideration for the above dedications have been given by the County in the form of approval of this Agreement and other considerations, including credits against road impact fees as set forth above so that the provisions of Section 255.22, Florida Statutes, do not apply to the above dedications. B. Local Develyment Permits. The parties acknowledge the Developer's receipt of the various permits described in Exhibit D hereto. In addition, the following is a list of all local Development Permits approved or needed to be approved for the development of the land: 1. No comprehensive plan amendment is required. 2. No rezoning is required. 3. No permits are required to be submitted to the Treasure Coast Regional Planning Council or the Florida Department of Community Affairs (other than this Agreement) 13 4. Utility, stormwater, wastewater, environmental, and other state and local permits as identified in Exhibit D have been or are required to be procured prior to issuance of a building permit. 5. Prior to issuance of a St. Lucie County Vegetation Removal Permit or Exemption, the Development Agreement shall be executed by the Chair of the County Commission. 6. Prior to issuance of a certificate of occupancy, Developer shall obtain a final approved plat in accordance with Chapter 11 of the LDC. 7. Pursuant to Sections 4 and 5, above, no certificate of capacity issued pursuant to Chapter 5 of the LDC is required prior to commencement of any development activity. 8. Any modifications to the approved Site Plan shall be processed and approved in accordance with Chapter 11 of the LDC. All requirements of the Site Plan, as the same may be amended, shall be satisfied before commencement of development activity. C. Local Development Permits Obtained by the Developer. All local Development Permits identified in Section 11.08.03(A)(9) shall be obtained at the sole cost of the Developer and, in the event any such Development Permit is not received, no further development of the Property shall be allowed until such time as the St. Lucie County Board of County Commissioners has reviewed the matter and determined whether or not to terminate the Developer Agreement or to modify it in a manner consistent with the public interest and the St. Lucie County Comprehensive Plan. D. Consistency with Comprehensive Plan. The County finds that the development permitted or proposed in this Agreement is consistent with the St. Lucie County Comprehensive Plan. E. Consistency with Land Development Code. The County finds that the development permitted or proposed in this Agreement is consistent with the St. Lucie County Land Development Code and St. Lucie County Code of Ordinances. F. No Precedent from A eement. The County acknowledges and agrees that it is exercising its sound discretion in this instance by entering into this Agreement to achieve mutual benefits that are particular and unique to the circumstances underlying this Agreement. This Agreement 14 shall in no way establish a precedent, or bind the County to grant similar approvals to third persons. G. Compliance with Laws Not Identified in Agreement The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, terms, conditions, or restrictions. Any matter or thing required to be done under existing ordinance of the County shall not be otherwise amended, modified or waived unless such amendment, waiver, or modification is expressly provided for in this Agreement with specific reference to the code provisions so amended, modified, or waived. H. Conditions Necessary to Protect Health. Safety, and Welfare. The conditions stated herein are deemed necessary to protect health, safety and welfare of the citizens of St. Lucie County. The Board reserves the right to impose subsequently adopted laws and policies following a public hearing if the Board determines that the laws and policies are essential to the public health, safety or welfare. Section 9: Remedies. If the Developer or the County fails to carry out any of its covenants herein contained, the County and the Developer shall be entitled to all remedies available at law or in equity including, without limitations, the remedy of prohibitive injunction. The Board may revoke this Agreement if the Board determines through its annual review of this Agreement that the terms and conditions of this Agreement, including all amendments or extensions thereto, have not been complied with. Prior to any revocation of this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. At the public hearing(s), the Developer will be given an opportunity to rebut the determination that the requirements of this Agreement, or any amendments thereto have not been complied with. If the Board determines that revocation of this Agreement is not necessary, the Board may amend the terms of this Agreement to provide for any reasonable condition necessary to assure compliance with the requirements of this Development Agreement, and any extensions or amendments thereto. Either party or any aggrieved or adversely affected person may file an action for injunctive relief in the Circuit Court for St. Lucie County to appeal the revocation or amendment of this Agreement. The provisions requiring Board approval of any change in the Site Plan shall survive the revocation of this Agreement. Either party, any aggrieved or adversely affected person, or the state land planning agency, may file an action for injunctive relief in the Circuit Court for St. Lucie County to enforce the terms of this Agreement or to challenge compliance of this Agreement with the provision of the Act or Section 11.08.00 of the LDC. In the event the Board or the Developer is required to seek enforcement of the provisions of this 15 Agreement, the prevailing party shall be entitled to recover from the other party all costs of such action, including reasonable attorney's fees. None of these remedies shall be deemed exclusive of one another, or exclusive of any other remedy which the Court having jurisdiction deems appropriate. Such remedies shall be granted either singularly, or in combination, to the extent necessary to achieve the intent of this Agreement. In the event this Agreement is terminated in accordance with the terms hereof, the Site Plan Approval shall expire and no longer be valid. Section 10: Annual Review In accordance with Section 11.08.08 of the LDC, the Board shall review the development that is subject to this Agreement every twelve (12) months, commencing twelve (12) months after the effective date of this Agreement. The Board shall begin the review process by giving notice, a minimum of ninety (90) days prior to the anniversary date for the effective date of this Agreement, to the Developer of its intention to undertake the annual review of this Agreement and the necessity for the Developer to provide the following: A. An identification of any changes in the plan of development as contained in the Site Plan, or in any phasing for the reporting year and for the next year. B. If the Site Plan provided for phasing, a summary comparison of development activity proposed and actually conducted for the year. C. Identification of undeveloped tracts of land that have been sold to a separate entity or Developer. D. An assessment of the Developer's compliance with each condition of approval set forth in this Agreement. E. Identification of significant local, state and federal permits which have been obtained or which are pending by agency, type of permit, permit number and purpose of each. F. Description of progress on required improvements to Tilton Road and Silver Oak Drive. Any information required of Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement. If the County finds on the basis of substantial competent evidence that there has been a failure to comply with the terns of the Agreement, the County may revoke or modify the terms of this Agreement in accordance with the procedures set forth in Section 9. 16 Section 11: General Provisions. A. Nothing herein is intended to preclude the County from exercising its proper police powers to protect the health, welfare, and safety of the public. B. This Agreement shall be binding upon, and inure to the benefit of, all heirs, successors and assigns of the parties hereto. C. Any notices required to be given or elected to be given by either of the parties pursuant to the terms of this agreement shall be deemed effective provided when placed in the United States Mail, certified return receipt requested, or placed in the hands of an overnight delivery service. As to the Developer: Lennar Homes, LLC Attn: Lorie Moccia and Rey Melendi 730 NW 107th Avenue, Suite 300 Miami, Florida 33172 With a Copy to: Gary K. Hunter, Jr. Hopping Green & Sams, P.A. 123 South Calhoun Street Tallahassee, Florida 32301 As to the County: St. Lucie County Board of County Commissioners Attn: Chairperson 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 And a copy to: St. Lucie County Attorneys' Office Attn: County Attorney 2300 Virginia Avenue Ft. Pierce, Florida 34982 D. This Agreement constitutes the complete and exclusive statement of agreement between the parties with respect to the subject matter described. This Agreement also supersedes all prior written and oral statements; no representation, statement, condition, or warranty not contained in this Agreement has any force or effect. E. This Agreement and the rights of the parties hereunder are governed by, interpreted, and enforced in accordance with the laws of the State of Florida. Exclusive venue for any legal action brought to enforce or interpret this Agreement shall be in the Circuit Court for the Nineteenth Judicial Circuit, in and for St. Lucie County, Florida. 17 F. Common nouns and pronouns refer to the singular and plural. Any reference to statutes or laws will include all amendments, modifications, or replacements of the specific sections and provisions concerned. G. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. H. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, such provision is fully severable. Upon such event, this Agreement is to be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement and the remaining provisions of this Agreement will remain in full force and effect. If any portion of this Agreement adopted pursuant to Chapter 163, Florida Statutes, is held or declared to be void by a court of competent jurisdiction, the Agreement shall be deemed to be and enforceable as a home rule developer agreement in accordance with Florida law. I. This Agreement is made solely and specifically among and for the benefit of the parties hereto and their respective successors and assigns; no other person has or will have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise. J. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute and original, and such counterparts together shall constitute on and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. K. This Agreement shall be recorded in the Public Records of St. Lucie County, Florida by the developer within fourteen (14) days of its final execution by the Chair of the County Commission. A copy shall be delivered by the County to the State of Florida Department of Community Affairs within fourteen (14) calendar days after the Agreement is recorded in the Public Records. L. Except as otherwise provided herein, this Agreement will be effective thirty (30) days after it is received by the state land planning agency of the State of Florida. M. This Agreement may be amended only by a subsequent written instrument entered into and executed by the parties pursuant to the procedures and requirements of the Act. N. This Agreement may be amended or cancelled by mutual consent of the parties. Prior to amending this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. No further 18 development permits that would result in the generation of any additional required Level of Service impacts will be issued until a Final Development Order has been issued. Any application for a Final Development Order, except for a modification to an existing building, structure, or site facility that does not require a new concurrency review, will be subject to all applicable standards and regulations in effect at the time the application is filed. Any application for Final Development Order, for a modification to a building, structure, or site facility built or constructed in accord with the terms of this Agreement shall be subject to any applicable St. Lucie County construction standard or code in effect at the time the application is filed. All applications for building permits shall comply with the building code in effect at the time of application. O. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Itu Signed, sealed and delivered ST. LUCIE COUNTY BOARD OF in the presence of: COUNTY COMMISSIONERS Chairperson f Approv6d'as to County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this 1__2M day of March, 2009 by o , as Chairperson of the ST. LUCIE COUNTY BOARD OF CO NTY COMMISSIONERS, on behalf of the Board, who is personally known to me. ,lot a 18 01, $eptember 24, 2009 00. • • o #D0473106 ^10 �j 1 J 0h �r . uranct • � , •#;,g�ii;;�♦ -_a� 'tt'�A�o Notary Public, State of Flori My Commission Expires: 9 20 Signed, sealed and delivered in the presence of: •v Uouei (Print Name of Witness) LENNAR HOMES, LLC. STATE OF FLORDA COUNTY OF M 1,0w: r r, I T ke foregoing instrument w#.s-act ore me this of , 2009, by ftty� who is pers nally known me to be the person described in and who executed a �e ent as of LENNAR HOMES, LLC, a limited liability company organized under the laws of the State of Florida and authorized to transact business in the State of Florida. He has acknowledged before me that he executed the foregoing instrument as such office in the name and on behalf of the corporation. (SEAL) Notary Public State of Flo da Tracy Lee Pedmum My commission OD609323 Notary Public, State of lorida or Ex ices 10J26l2010 My Commission Expires: iD�a(o 21 EXHIBIT A A PARCEL OF LAND LYING WITHIN TRACTS 1 THROUGH 16, BLOCK 4, PLAT NO. 1, SAINT LUCIE GARDENS, AS RECORDED IN PLAT BOOK 1, PAGES 35 AND 36, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND LYING IN THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 23; THENCE SOUTH 89°52'45" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST ONE QUARTER (SE 1/4) OF SAID SECTION 23, A DISTANCE OF 2597.44 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SILVER OAKS DRIVE (A 100 FOOT WIDE RIGHT-OF-WAY), SAID LINE BEING PARALLEL WITH AND 50 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE SOUTHEAST ONE QUARTER (SE 1/4) OF SAID SECTION 23; THENCE NORTH 00013'26" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 2606.82 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF TILTON ROAD (AN 80 FOOT WIDE RIGHT-OF-WAY), SAID LINE BEING PARALLEL WITH AND 40 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SOUTHEAST ONE QUARTER (SE 1/4) OF SAID SECTION 23; THENCE NORTH 89056'47" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 2611.15 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHEAST ONE QUARTER (SE 1/4) OF SAID SECTION 23; THENCE SOUTH 00°04'40" WEST ALONG THE EAST LINE OF SAID SOUTHEAST ONE QUARTER (SE 1/4) OF SAID SECTION 23, A DISTANCE OF 2603.77 FEET TO THE POINT OF BEGINNING. CONTAINING 155.761 ACRES, MORE OR LESS. 6f� 4 . . 6 in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FlLE # 3174927 02/29/2008 at 09:35 AM OR BOOK 2943 PAGE 2310 - 2316 Doe Type: RESO RECORDING: $61.00 RESOLUTION NO.08-012 FILE NO.: BCC-120081382 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A 12 MONTH EXTENSION OF THE FINAL PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL ON 155.76 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF TILTON ROAD AND SILVER OAKS DRIVE, FOR THE DEVELOPMENT OF 325 UNITS FOR THE PROJECT KNOWN AS SILVER OAKS PUD. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On March 1, 2005, through Resolution No. 05-021, the Board granted approval for the Final Planned Unit Development (PUD) Site Plan known as Silver Oaks PUD. The project consists of a 325 dwelling units on 155.76 acres located at the southeast corner of Tilton Road and Silver Oaks Drive. 2. On February 6, 2007, through Resolution 07-018, the Board granted a 12 month extension to the Final Planned Unit Development Site Plan known as Silver Oaks PUD. 3. The developer, Lennar Homes, Inc., has requested that the Final Planned Unit Development Site Plan granted through Resolution 05-021 be extended for a period of 12 additional months from its date of scheduled expiration, March 1, 2008. 4. On February 19, 2008, the St. Lucie County Board of County Commissioners held a public hearing on this petition after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.06(B)(3) of the St. Lucie County Land Development Code, the Final Planned Unit Development Site Plan, approved through Resolution FileNo.: BCC-120081382 February 19, 2008 Resolution No. 08- 012 Page 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 05-021, and extended to March 1, 2008 through Resolution 07-018 is hereby granted an extension for a period of 12 additional months from its date of scheduled expiration, March 1, 2008, with the new expiration date being March 1, 2009. B. All terms and conditions of Resolution 05-021 shall remain in full force and effect. C. The property on which this Final Planned Unit Development Site Plan extension is being granted is described as follows: TRACTS 1 THROUGH 16, BOTH INCLUSIVE, OF BLOCK 4, ST. LUCIE GARDENS, SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGES 35 AND 36, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS COUNTY ROAD AND DRAINAGE EASEMENTS ALONG THE NORTH AND WEST BOUNDARIES THEREOF, LESS EASEMENTS ON PLAT ALONG THE EAST AND SOUTH BOUNDARIES. CONTAINS 155.761 AC, MORE OR LESS, INCLUDING ASSUMED 15' ACCESS EASEMENTS. CONTAINS 153.975 AC, MORE OR LESS, EXCLUDING ASSUMED 16'ACCESS EASEMENTS. TAX ID # 3414-501-0801-050/8 Location: Southeast corner of the intersection of Tilton Road and Silver Oaks Drive. D. This Final Planned Unit Development Site Plan extension shall expire on March 1, 2009, unless a building permit is obtained in accordance with Section 11.03.00 of the St. Lucie County Land Development Code for the site plan or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. E. The Certificate of Capacity granted by the Growth Management Director on March 1, 2005, shall remain valid for the period of this development order. If this order expires or otherwise terminates, the certificate of capacity shall automatically terminate. F. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. FileNo.: BCC-120081382 February 19, 2008 Resolution No. 08- 012 Page 2 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2B 29 30 31 32 33 34k 35 36 37 38 39 40 41 42 G. A copy of this resolution shall be placed on file with the St. Lucie County Growth Management Director. After motion and second, the vote was as follows: Chairman Joseph E. Smith AYE Vice -Chairman Paula A. Lewis AYE Commissioner Doug Coward AYE Commissioner Charles Grande NAY Commissioner Chris Craft AYE PASSED AND DULY ADOPTED this 19th Day of February, 2008. .r ATTEST Deputy Cle FileNo.:BCC-120081382 February 19, 2008 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA` ' BY%`. Chairman APPROVED AS TO FORM AND CORRECTNESS Resolution No. 08- 012 Page 3 EXHIBIT A MAPS FileNo.: BCC-120081382 February 19, 2008 Resolution No. 08- 012 Page 4 r, 0 o N C M m Orr A z E occ o a a QSL a� CO CL E r VMS, / I c � � I C r �nd�n jNei •�vo B CC•S`°`°w"� m y,, PNB —IV i b4.54S io m wi S Q 5• 8 to m � 4 I W Wp � PWB •P^l lS Wd oUIW '3 i6 +uwW3 S I II A ANjW m n g Ptl •1.4Ws auu c I � tl �a•+�+3 �6 �2 I II p s I � 3 I U G I O n G U I ci m 2 � I P"b wlys Pi! •-.l • RI a 75 ¢ va I•�•o »P••H ' n I � I Ct WH I••PI � �} I IPW p••ug PN uo4y0 I I I M+•O ►LO � I i ` U I I I I S I I I I I I I � I I I I I j I I I / A I � I BCC 120081382 Land Use Petitioner: Lennar Homes. Inc. R - — --- - .._ - - TILTO LRD-.. _ ■ Y O • ■ �u ■ J ■ cq . . ■ ■ . . ■ . USE US, J ■ fq ■ Q ■ z ■ 2 ■ ■ ■ ■ 500 ft R ■ ■ ■ FORGOTTEN ■ ■ Z ■ ■ � m ■ O ■ m ■ � LUSSUSSE RU ■ ■ - }¢ -DYER RD _. N O> ■ ■ z z MEDITERRANEAN o BL•VD Q - duo z m Fr N W o •. ., o Q ; > ■ .0 .............. . W ■ . ItAg......S...Z, . .. �9 REFORMA LN J LL w 0, _ `y RU Q _ z Q CW Q ? oLu w w Q O -GOLF DR-- - - LU z _- - EL CAMINO REAL-_-- _J O � � Q SPANISH WAY - EL GRECO MAYA LN ® Subject property RE - Residential estate (1 du/ac) N RM - Residential Medium (9 du/ac)'� RS - Residential Suburban 2 du/ac 500' notification area RU - Residential Urban 5 du/ac ) ( ) Map prepared January 8, 2008 BCC 120081382 zoning Petitioner: Lennar Homes, Inc. AR 1 I RM-5 AR41 r ..■■... .■■■ .. ..■ ■■■■■.■■ ..■ we -- -----TILTON=RD-- — - --- --- 1x ■ z Y = ■ O U) ■ ■ J ■ ■ ■ U ■ RM-5 ; z ■ J O V iY z N ¢ • U � �i REFORMA LN X 00 RMH-5 - - GOLF -DR- - ■ --a ■ ■ ■ i ■ ■ ■ -1 ■ ■ ■ --r ■ ■ ■ ■ T ■ T ■ -r UTCK KU ■ f O N MEDITERRANEAN BLVD z m J ¢ W z o ♦ � � � w • ■ ■� ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ is=� ■ ■ ■ ■ son ■ ■z-% ■ ■ r w r o LU RMH-5 o C W O W ¢ o 0----EL-CAMINO REAL a O coeKueu wwv _.. PU D EL GRECO MAYA LN AR-1 -Agricultural Residential (1 du/ac) N Subject property PUD -Planned Unit Development �■ ■ ■ ■■ RM-5 - Residential Multi Family (5 du/ac) �,••«�.�.,.. ■ ■ 500' notification area RMH-5 - Residential Mobile Home ' ■ ■ ' r U - Utilities Map prepared January 8, 2008 Cody Ab _ 0nz6 "P�h. 6'Ih1\ 1 RESOLUTION NO.07-018 2 FILE NO.: BCC- 12007933 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF ST. 5 LUCIE COUNTY, FLORIDA, FOR A 12 MONTH EXTENSION OF THE 6 FINAL PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL ON 7 155.76 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF 8 THE INTERSECTION OF TILTON ROAD AND SILVER OAKS DRIVE, 9 FOR THE DEVELOPMENT OF 325 UNITS FOR THE PROJECT KNOWN to AS SILVER OAKS — PUD. 11 12 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 13 testimony and evidence, including but not limited to the staff report, has made the following 14 determinations: 15 16 1. On March 1, 2005, through Resolution No. 05-021, the Board granted approval for the 17 Final Planned Unit Development (PUD) Site Plan known as Silver Oaks — PUD. The 18 project consists of a 325 dwelling units on 155.76 acres located at the southeast comer of 19 Tilton Road and Silver Oaks Drive. 20 21 2. The developer, Lennar Homes, Inc., has requested that the Final Planned Unit 22 Development Site Plan granted through Resolution 05-021 be extended for a period of 12 23 additional months from its date of scheduled expiration, March 1, 2007. 24 25 26 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 27 County, Florida: 28 29 A. Pursuant to Section 11.02.06(B)(2) of the St. Lucie County Land Development Code, the 30 Final Planned Unit Development Site Plan, approved through Resolution 05-021, is hereby 31 extended for a period of 12 additional months from its date of scheduled expiration, March 1, 32 2007, with the new expiration date being March 1, 2008. 33 34 B. All terms and conditions of Resolution 05-021 shall remain in full force and effect. 35 36 C. The property on which this Final Planned Unit Development Site Plan extension is being 37 granted is described as follows: 38 39 TRACTS 1 THROUGH 16, BOTH INCLUSIVE, OF BLOCK 4, ST. LUCIE 40 GARDENS, SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, FileNO.:BCC-12007933 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT Resolution No. OP8 Page 1 February 6, 2007 SAINT LUCIE COUNTY FILE * 3032195 03/27/2007 at 03:13 PM OR BOOK 2787 PAGE 236 - 241 Doc Type: RESO RECORDING: $52.50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGES 35 AND 36, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS COUNTY ROAD AND DRAINAGE EASEMENTS ALONG THE NORTH AND WEST BOUNDARIES THEREOF, LESS EASEMENTS ON PLAT ALONG THE EAST AND SOUTH BOUNDARIES. CONTAINS 155.761 AC, MORE OR LESS, INCLUDING ASSUMED 15' ACCESS EASEMENTS. CONTAINS 153.975 AC, MORE OR LESS, EXCLUDING ASSUMED 15' ACCESS EASEMENTS. TAX ID # 3414-501-0801-050/8 Location: Southeast corner of the intersection of Tilton Road and Silver Oaks Drive. D. This Final Planned Unit Development Site Plan extension shall expire on March 1, 2008, unless a building permit is obtained in accordance with Section 11.03.00 of the St. Lucie County Land Development Code for the site plan or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. E. The Certificate of Capacity granted by the Growth Management Director on March 1, 2005, shall remain valid for the period of this Final Planned Unit Development Site Plan approval. F. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. G. A copy of this resolution shall be placed on file with the St. Lucie County Growth Management Director. After motion and second, the vote was as follows: FileNo.:BCG12007933 February 6, 2007 Resolution No. 07— 018 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Chairman Chris Craft YES Vice -Chairman Joseph E. Smith YES Commissioner Doug Coward YES Commissioner Charles Grande YES Commissioner Paula A. Lewis YES PASSED AND DULY ADOPTED this 6th Day of February, 2007. BOARD OF COUNTY CONWI ISSIONEF S :` A � � ST. L IE COUNTY' FLORIIDA:— "e5 ;,t t;�r i Chai y ATTEST i Deputy Crerk F i l e No.: BCC-1200 79 3 3 February 6, 2007 ?PR ED AS TO FORM AND O S G County Atoey Resolution No. 07— 018 Page 3 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 F iieNo.:BCC-12007933 February 6, 2007 EXHIBIT A MAPS Resolution No. 07-- 018 Page 4 CIA M r to ~o o c ! N� O .00 wwc a" I - � m I � , ' " u vn - va -.4w apw PRY -Wl is P% ✓°d n+ia'� pw I i Z I N o � C, Fa Wl J na owl I �J , � c J I � I � I ' I , I , I r'" I , ---------------- ----------- ---------------- -------------- ------------------- 14ul A petition of Lennar Homes, .. ,c. request for a 12 month exL . Ision of the approved Final Planned Unit Development Site Plan consisting of 325 Single-family and Multi -family dwelling units on 155.76 acres J I d I _ O I I I � I I I i BCC/2007933 TILTON 1 I 1 I I N MEDITERRANEAN BLVD I < I 1 I p > 3 1 I + Z J J m H 1 � I 0 � + I '--LL----- I I i = i---_- d Z I I I I I I I I I I w H I I I I Q Q I 1 -J I IQ 2 Y rw w LLJ EL CAMINO REAL 1 ir •O O I I 1 1 I d I I 1 1 I SPANISH WAY I Legend ® Subject property z U m O m yYewr6arw,yw�..e nrf.on..e,r� Map prepared January 19, 2007 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION 05-021 File Number: PUD-04-042 and RZ-04-050 A RESOLUTION GRANTING PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT APPROVAL AND REZONING FOR A PROJECT KNOWN AS SILVER OAKS PUD. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Lennar Communities presented a petition for a Preliminary and Final Planned Unit Development Plan approval and rezoning for a 325-unit residential project to be known as Silver Oaks PUD. 2. On January 6, 2005, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition of Lennar Communities, after publishing a notice of such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries. 3. On March 1, 2005, this Board held a public hearing on the petition of Lennar Communities, for Preliminary and Final Planned Unit Development Plan approval and rezoning for the project known as Silver Oaks PUD after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. 4. The Development Review Committee has reviewed the Planned Unit Development site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 5. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 6. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety and general welfare. 7. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE S 2687917 08/152005 at 1246 PM OR BOOK 2332 PAGE 2551 - 2556 Doc Type: RESO RECORDING: $52.50 File No.: PUD-04-042 and RZ-04-050 Resolution 05-021 March 1, 2005 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 8. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 9. The proposed project will be served by adequate public facilities and services. 10. The applicant has demonstrated that water supply; evacuation facilities and emergency access are satisfactory to provide adequate fire protection. 11. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Growth Management Director on May 6, 2005. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Preliminary and Final Planned Unit Development Plan and rezoning for the project to be known as Silver Oaks PUD, and is hereby, approved as shown on the site plan drawings for the project prepared by Houston Cuozzo Group, first submitted on January 26, 2004, and date stamped received by the St. Lucie County Growth Management Department on February 8, 2005, subject to the following conditions: Prior to issuance of a certificate of occupancy for any lot in the project, the developer, or his assigns, shall be required to improve Tilton Road to County standards including construction of a right lane at the project entrance. The developer shall construct an equestrian trail and a vegetative buffer within the northern right-of-way. Pedestrian access shall be provided along the southern right-of-way; 2. Prior to issuance of a building permit for any lot in the project, the applicant shall dedicate the right-of-way for the southern alignment of Lennard Road. If the northern alignment for Lennard Road is ultimately selected, the developer shall dedicate the right- of-way required for that roadway alignment; 3. Prior to issuance of a building permit for any lot in the project, the applicant or his assigns shall provide a conservation easement in favor of St. Lucie County for the preserve areas. The conservation easement shall be in a form acceptable to the St. Lucie County Attorney. The easement shall provide that the Homeowner's association shall be responsible for maintaining the conservation easement area. Maintenance shall include exotic tree/plant removal; 4. Prior to issuance of a building permit for any lot in the project, the applicant or his assigns shall provide a monitoring and management plan for the preserve areas within the project, including any area of the property isolate by any portion of Lennard Road; 5. Site development shall be consistent with the recommendations of the submitted environmental report; File No.: PUD-04-042 and RZ-04-050 Resolution 05-021 March 1, 2005 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Prior to issuance of a building permit for any lot in the project, the developer, or his assigns, shall submit a letter from the St. Lucie County School Board indicating that they have satisfied the requirements of the St. Lucie County School Board; The developer shall, as part of the construction of this development, provide for the construction of a weather shelter, or other similar structure at the main project entrance for the purpose of providing for a central pick-up and drop off location for any school bus stops/demand response transit or other like transit activity that may be caused by the development of this property; At all gate controlled access points, the developers shall provide emergency override devices approved by the St. Lucie County Sheriffs Department and the St. Lucie County Fire District; and The developer shall construct a 6-foot fence along the east boundary of the property adjacent to Shana's Trail. The interior area immediately adjacent to the fence shall be planted with native vegetation. The developer shall provide and maintain a natural buffer to the maximum extent possible along the north and east boundaries of the property. B. The property on which this site plan approval is being granted is described below. TRACTS 1 THROUGH 16, BOTH INCLUSIVE, OF BLOCK 4, ST. LUCIE GARDENS, SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGES 35 AND 36, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS COUNTY ROAD AND DRAINAGE EASEMENTS ALONG THE NORTH AND WEST BOUNDARIES THEREOF, LESS EASEMENTS ON PLAT ALONG THE EAST AND SOUTH BOUNDARIES. CONTAINS 155.761 AC, MORE OR LESS, INCLUDING ASSUMED 15' ACCESS EASEMENTS CONTAINS 153.975 AC, MORE OR LESS, EXCLUDING ASSUMED 15' ACCESS EASEMENTS. TAX ID #3414-501-0801-050/8 Location; Southwest corner of Tilton Road and Shana's Trail C. This preliminary Planned Unit Development Site Plan approval shall expire on March 1, 2007, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or Final Planned Unit Development Approval has been granted. D. The Preliminary and Final Planned Unit Development Site Plan/General Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Lennar Communities, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the United States Army Corp of Engineers, the File No.: PUD-04-042 and RZ-04-050 March 1, 2005 Resolution 05-021 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Department. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson AYE Vice -Chairman Doug Coward AYE Commissioner Chris Craft AYE Commissioner Paula Lewis AYE Commissioner Joseph E. Smith AYE PASSED AND DULY ADOPTED this 1 st day of March, 2005. BOARD OF COUNTY COMMISS�iJI' 1 ST. LUCIE COUNT)&-= 1DA a ATTE�TD� `,�Y� BY Deput Ge srna- r rk \ p'ff•��.r • C �... Off. p" y. File No.: PUD-04-042 and RZ-04-050 March 1, 2005 Resolution 05-021 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ATTEST Deputy Clerk SlIver0aks. Resolu6on05021 File No.: PUD-04-042 and RZ-04-050 March 1, 2005 APPROVED AS TO FORM AND CORRECTNESS Resolution 05-021 Page 5 St Lucie County Certificate of Capacity Date 5/6/2005 Certificate No. 2071 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development RESIDENTIAL SUBDIVISION Number of units 325 Number of square feet 2. Property legal description & Tax ID no. SEE ATTACHED RESOLUTION SILVER OAKS PUD 3. Approval: Building Resolution No. 05-021 Letter 5i6i05 4. Subject to the following conditions for concurrency: Owner's name LENNAR HOMES, INC. Address 1015 N. STATE RD 7, STE. C ROYAL PALM B FL 33411 6. Certificate Expiration Date 3/1/2007 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent developme der(s) . sued for the same property, use and size as described herein. Signed w1�v Date:8/5/2005 Zrowth Management Director St Lucie County, Florida Friday, August 05, 2005 Page 1 of 2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-6 Date: March 9, 2010 Regular [ ] Public Hearing[ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Resolution No.10-060 - Expedited permit review for County funded affordable housing projects BACKGROUND: See C.A. No. 10-0251 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 10-060. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: V., Mgt. & Budget: D ni 5. cIntyre P% Originating Dept.: Other: Beth Ryder Christo6� Le J nge Finance (Check for Copy only, if applicable):_ Purchasing: Other : INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-251 DATE: February 24, 2010 SUBJECT: Resolution No. 10-060 - Expedited Permit Review for County Funded Affordable Housing Projects BACKGROUND: On January 27, 2009, the Board of County Commissioners adopted Resolution No. 09-036 which accepted the 2008 Incentive Review and Recommendation Report of the Affordable Housing Advisory Committee. The report included a recommendation that the Board authorize expedited permit review for affordable housing projects. Attached to this memorandum is a copy of proposed Resolution No. 10-060 which would establish a policy of expedited permit review for affordable housing projects receiving grant funding through the County. On January 27, 2010, the Affordable Housing Advisory Committee reviewed the proposed resolution and recommended it be forwarded to the Board of County Commissioners for approval. If adopted, the resolution will take effect on March 10, 2010. RECOMMENDATION/CONCLUSION : Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 10-060. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Community Services Director Code Compliance Manager Housing Manager RESOLUTION NO. 10-060 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, DIRECTING THE ST. LUCIE COUNTY BUILDING OFFICIAL TO EXPEDITE THE REVIEW OF ALL BUILDING PERMIT APPLICATIONS FOR COUNTY GRANT FUNDED AFFORDABLE HOUSING PROJECTS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 420.9076, Florida Statutes, the Board of County Commissioners has created the Affordable Housing Advisory Committee to make review County policies and procedures, ordinances, land development regulations and the Comprehensive Plan in order to make recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of property to appreciate in value. 2. On January 27, 2009, the Board of County Commissioners adopted Resolution No. 09-03 which accepted the 2008 Incentive Review and Recommendation Report of the Affordable Housing Advisory Committee, including a recommendation to expedite the review of building permit applications for affordable housing projects. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, 1. The St. Lucie County Building Official is here by directed to expedite the review of all building permit applications for affordable housing projects receiving grant funds through St. Lucie County. 2. This resolution shall take effect on March 10, 2010. After motion and second, the vote on this Resolution was as follows: Chairman Charles Grande XXX Vice -Chairman Doug Coward XXX Commissioner Paula A. Lewis XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED by the Board of County Commissioners of 5t. Lucie County, Florida, on this day of , 2010. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: s:\atty\resoltn\2010\10-060.doc County Attorney AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Donation of Right -of -Way Treasure Coast Bible Assembly, Inc. 27 feet on Edwards Road Resolution No. 10-086 BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Please see attached memorandum N/A N/A ITEM NO. VI-B7 DATE: March 9, 2010 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager Staff recommends that the Board accept the Warranty Deed of Donation, authorize the Chairman to sign Resolution No. 10-086 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: pg APPROVED[ ] DENIED [ ] OTHER: Approved 5-0 [X] County Attorney: Daniel S. McIntyre [X] Originating Dept.: ^ JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [X] Public Works Director: [X] County Engineer: MYP Don West ( I Michael Powley [X] Road A Bridge: �'� [X] County Surveyor: Don Pouley Ron Harris S \ACQ\WP\Right of Way Donations\Treasure Coast Bible Assembly\Agenda Request.wpd INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: March 9, 2010 SUBJECT: Donation of Right -of -Way Treasure Coast Bible Assembly, Inc. 27 feet on Edwards Road Resolution No. 10-086 BACKGROUND: Treasure Coast Bible Assembly, Inc. is within the jurisdiction of the City of Fort Pierce, at 4146 Edwards Road. During the site plan review process, our Public Works Department requested 27 feet of right-of-way along Edwards Road. We have attached a Warranty Deed of Donation from Treasure Coast Bible Assembly, Inc. for your review and acceptance. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed of Donation, authorize the Chairman to sign Resolution No. 10-086 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Jo.Ann Riley Property Acquisition Manager 5:\ACQ\WP\Right of Way Donations\Treasure Coast Bible Assembly\Agenda Memompd =Treasure 0 Coast Bible Assembly, Inc. 0141� 4318 3026 4314i 4302 i; 4320 i'010 4322 THOUSAND PINES DR 3040 3050 4307 4303 4319 4315 3070 o 0 3090 i 4200 14050 4146 4120 14090 4046 XEDWARDS RD M 0 4301 PN 4010 3311 4022 4000 3930 3900 4001 , 3920 3958 3965 DISCLAIMER St. Lucie County makesno warranty, representatini) or guaranty as in the content, sequence, aCCUNICY, timeliness. or completeness of any of the qeodata information provided herein. The read.ho should nor rely on the data provided herein for any reason St. Lucie Counly explicitly disclaims any representations and Warrant!", including, without limitation. the implied w .... has of Merchentabilfth, and fitness for a oarficuiar purpose, St. Lucia County shall assume no liability to;: 1. Any anors. omissions, or inaccuracies in the information provided regardless of how caused; or 2. Any decision made or action taken or not taken by any person in reliance upon any information or data famished hereunder. N w DISCLAIMER St. Lucie County makes no wananty. representation or guaranty as to the content, sequence. accuracy, timeliness. or completeness of any of the geodata information provided herein. The reader should not rely on the data provided herein for any reason. St. Lucie Counly explicilly disclaims any representations and warranties, including, without limttation, the implied warranties of merehantabilHY and fsness for a particular purpose. St. Lurie County shall assume no liability for: 1. Any armors. omissions, or inaccuracies in the information provided regardless of how caused; or 2. Any decision made or action taken or not taken by any person in reliance upon any information or data furnished hereunder. This instrument prepared by JoAnn Riley under the direction of: Daniel 5. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 PARCEL I.D. NUMBER: Part of 2430-114-0002-000-1 WARRANTY DEED OF DONATION THIS WARRANTY DEED OF DONATION, made this J� day of, , 20/0 , by TREASURE COAST BIBLE ASSEMBLY, INC., a Florida Non -Profit Corporation, hereinafter referred to as "Grantor," whose mailing address is 6959 NW Hershy Circle, Port St. Lucie, Florida 34983, to ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "Grantee," whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to the instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, That Grantor, for and in consideration of the sum of $1.00 and donative considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, donates, aliens, remises, releases, conveys, and confirms unto Grantee all that certain land, situate in St. Lucie County, Florida, to -wit: SEE ATTACHED LEGAL DESCRIPTION SUBJECT TO reservations, restrictions, rights -of -way and easements of public record, provided, however, that this reference shall not serve to re -impose any of the same. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to donate and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 20 09. (Execution of Grantor appears on the following second page.) IN WITNESS WHEREOF, said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed, and delivered in the presence of: Witness Signature k1w. IA ( , " �t�i nct-eY Printed Name Witness Signature b4e►,n �-a�; rn i t� Printed Name STATE OF FLORIDA COUNTY OF ST. LUCIE TREASURE COAST BIBLE ASSEMBLY, INC. By: Its:fSLIIe/f [ CORPORATE SEAL ] The f going i strument was acknowl ed before me this ��day of 2010 by , as of TREASURE COAST B LE ASSEMBLY, INC., who is pe nally known to me or who has produced a Drivers License issued within the last five years as identification. (NOTARY PUBLIC) SEAL Notary Public iy MARCIA L HEFFEIFINCER MV COMMl3SION # DD 742673 EXPIRES: Banded ThNotary April ubk Underw hers 5:\ACQ\WP\Right of Way Donations\Treasure Coast Bible Assembly\Warranty Deed of Donation.wpd Legal Description: 27' Right of Way Donation A parcel of land lying in Section 30, T-35-S, R-40-E, St. Lucie County, Florida. Said parcel being more particularly described as follows: The South 27-feet of the following described parcel of land as recorded in Official Record Book 2880 at page 2500 of the public records of St. Lucie County, Florida: "The South 400 feet of the East half of the NE '/4 of the NE '/a of Section 30, Township 35 South, Range 40 East, lying and being in St. Lucie County Florida. LESS and EXCEPTING the South 375 feet of the East 150 feet of that part of the NE 1/4 of NE '/4 of Section 30, Township 35 South, Range 40 East, lying North of Edwards Road and LESS and EXCEPTING the South 150 of the West 87 feet of the South 400 feet of the East'/z of the East '/2 of the NE 1/4 of the NE '/4 of Section 30, Township 35 South, Range 40 East and LESS South 33 feet for road right of way." Draft Prepared: December 31, 2009 Note: There may be a dimensional error within the record instrument. Florida, that: RESOLUTION NO. 10-086 A RESOLUTION ACCEPTING A WARRANTY DEED OF DONATION ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing WARRANTY DEED OF DONATION from Treasure Coast Bible Assembly, Inc. is duly accepted on behalf of St. Lucie County this 9th day of MARCH, 2010, ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney S:\ACQ\WP\Right of Way Donations\Treasure Coast Bible Assembly\Resolution No. 10-086.wpd i AGENDA REQUEST ITEM NO. VI-Cl DATE: 03/09/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT M TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Y- Jack T. Southa SUBMITTED BY: Public Safety Public Safety Dir SUBJECT: State of Florida, Domestic Security Federally Funded Sub -grant Agreement. BACKGROUND: See attached memorandum. FUNDS AVAILABLE:_ 001516-2510-534000-200 PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the State of Florida, Domestic Security Federally Funded Sub - grant Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ()C) OMB Director (X) Budget Analyst Dan McIntyre Originating Dept. ( ) ERD ( ) (Name) � U'-' / * Patty Marston Marie Gouin (Name) ij— Public Safety Department MEMORANDUM TO: Board of County Commissioners FROM: Jack T. Southard, Directo Public Safety Department DATE: March 9, 2010 SUBJECT: State of Florida, Domestic Security Federally Funded Sub -grant Agreement. ITEM NO. VI-C Background: This agreement shall begin October 1, 2009 and end April 30, 2010. The amount of the agreement is not to exceed $72,250.00 and no county match is required. Funding provided is to perform local planning, exercise, and training for law enforcement, Fire District and Emergency Management personnel. Also,funding will maintain the Emergency Deployable Interoperable Communication System (EDICS) and Emergency Deployable Wide Area Remote Data System (EDWARDS) packages. St. Lucie County is the host county for both EDICS and EDWARDS in the Region 5 Domestic Security Task Force. These two units are utilized for interoperable communications after a disaster has hit. The EDICS is used to tie a couple of different frequency radios together, so everyone is able to talk to one another. The EDWARDS is used for telephone and data communications. The EDICS/EDWARDS packages have already been deployed in the following disasters: Hurricane Charlie in 2004 Hurricane Katrina in 2005 Deland/Flagler County fire in 2007 Palm Bay fire in 2008 Recommendation: Board approval of the State of Florida, Domestic Security Federally Funded Sub -grant Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. • Contract Number: 10-DS-39-10-66-01-XXX CFDA Number: 97.067 FEDERALLY -FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and SAINT LUCIE COUNTY, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK. The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin October 1, 2009 and shall end April 30, 2012, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal OMB Circular No. A-102, Common Rule: Uniform Administrative Requirements for State and Local Governments" or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for -profit) Page 1 of 39 organization on a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. 'Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Page 2 of 39 (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Division. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A- 133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non -Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient to: The Division at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca.state.fl.us] and Division of Emergency Management Finance and Administration 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at http://harvester.census.gov/fac/collect/ddeindex.htmi Page 3 of 39 And to any other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (0, OMB Circular A-133, as revised. (f) Pursuant to Section .320 (0, OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Division at the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca.state.fl.us] and Division of Emergency Management Finance and Administration 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance. 0) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Sta. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close- out report. These reports shall include the current status and progress by the Recipient and all Page 4 of 39 subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information identified in Attachment D. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants.who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division or the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division or the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY Page 5 of 39 (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES. If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: Page 6 of 39 (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: law. 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further.expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. Page 7 of 39 (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. is: (b) The name and address of the Division contract manager for this Agreement Chanda D. Brown Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850414-8538 Fax: 850-488-7842 Email: chanda.brown@em.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Tom Daly Saint Lucie County 15305 West Midway Road Fort Pierce, F134945 Telephone: 772-462-8100 Email: dalyt@stlucieco.org (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as outlined in (13)(a) above. Page 8 of 39 (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes, Regulations and Special Conditions Attachment C — Justification of Advance Attachment D— Warranties and Representations Attachment E — Certification Regarding Debarment Attachment F — Statement of Assurances (17) FUNDING/CONSIDERATION (a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $72,250.00, subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which maybe advanced may not exceed the expected cash needs of the Recipient within the first three months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an Page 9 of 39 advance payment is requested below, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. An advance payment of $ is requested (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the following address: Department of Community Affairs Cashier Fiscal Management 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. Additional special conditions are listed on Attachment B. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is Page 10 of 39 unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not.invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. Page 11 of 39 In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment E) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Q) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (o) All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. Page 12 of 39 (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, 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 the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. Page 13 of 39 (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it,.the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are. transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) ASSURANCES. Attachment F. The Recipient shall comply with any Statement of Assurances incorporated as Page 14 of 39 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: SAINT LUCIE COUNTY By: Name and Title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: David Halstead Interim Director Date: EXHIBIT —1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Federal agency: State Homeland Security Grant Program Catalog of Federal Domestic Assistance title and number: 97.067 Award amount: $72,250.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: NOTE. If the resources awarded to the Recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: Recipient is to use funding to perform the following eligible activities as identified in the United States Department of Homeland Security, Federal Emergency Management Agency, National Preparedness Directorate Fiscal Year 2009-10 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. 2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient. Page 16 of 39 Attachment A Budget and Scope of Work Proposed Program Budget 41 Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. 4 The equipment category will require a "Detailed Budget Worksheet" including the proposed equipment to be purchased and the corresponding Authorized Equipment List (AEL) reference number. The AEL can be found at www.rkb.us. 4. The transfer of funds between the categories listed in the "Proposed Program Budget" is permitted. However, the transfer of funds between Issues is strictly prohibited. Issue 7 — Planning, Training and Exercises $45,250.00 St. Lucie County FY 2009 - State Homeland Security Issue 14 — EDICS/EDWARDS Sustainment & $27,000.00 Grant Program — Issues 7 and 14 Maintenance Page 17 of 39 Budget Detail Worksheet The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award amount as described in the "Proposed Program Budget". If any changes need to be made to the "Budget Detail Worksheet", after the execution of this contract, contact the grant manager listed in this agreement via email or letter. i Developing scenario plans that incorporate the range Pf prevention, protection, response, and recovery activities for a scenario Developing and implementing homeland security support programs and adopting DHS national initiatives Developing related terrorism prevention activities Developing and enhancing plans and protocols Developing or conducting assessments Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfrll costs — Payment of overtime expenses will be for work performed by award (SAA) or sub -award employees in excess of the established work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under HSGP. Other projects areas with prior approval from FEMA Overtime and backfrll for emergency preparedness and response personnel attending FEMA-sponsored and approved training classes. Overtime and backfill expenses for part0time and volunteer emergency response personnel participating in FEMA training. Training Workshops and Conferences Full or Part -Time Staff or Contractors/Consultants Travel Supplies Tuition for higher education Other items Page 18 of 39 A complete list of FEMA approved courses may be found at www.oip.usdoi.gov/FEMA/docs/Eli2ible Federal Courses.pdf Design, Develop, Conduct and Evaluate an Exercise Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. Full or Part -Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support exercise -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Remilations (FAR) must be followed. Overtime and backfill costs — Overtime and backfrll costs, including expenses for part-time and volunteer emergency response personnel participating in FEMA exercises Implementation of HSEEP Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance. with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to htti)7//www.oip.usdoj.gov/FinGuide. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non -sterile masks, and disposable protective Other Items - These costs include the rental of space/locations for exercise planning and conduct, exercise signs, badges, etc. Page 19 of 39 Page 20 of 39 A. Scope of Work Funding is provided to perform eligible activities as identified in the Fiscal Year 2009 Homeland Security Grant Program, consistent with the Department of Homeland Security State Strategy. The intent of this agreement is to complete the following approved projects: 1. Issue and Project Description Issue 7 - Local Planning, Training and Exercises - The project provides support to Florida's 67 counties through all hazard and all - discipline funding for a variety of plans, training and exercises. Each county was allowed to choose a gap that existed in their county from a list of specific plans, NIMS compliant training or exercises. These exercises were also chosen from a list of tabletop, functional or executive level. Cost estimates based on size of the county were gathered from the most recent available information. Issue 14 - EDICS/EDWARDS Sustainment & Maintenance - Provide the necessary funding to maintain and sustain the EDICS and EDWARDS packages. The funding would be utilized to provide the necessary maintenance for the radio equipment, trailers, generators, other associated hardware and software that comprise the EDICS packages. In addition satellite and VOIP service for the EDWARDS packages will be procured. H. Categories and Eligible Activities Eligible activities are outlined in the Scope of Work for each category below. FY2009 SHSGP allowable costs are divided into the following categories: planning, training, exercise, equipment, management and administration cost. Each category's allowable costs have been listed in the "Budget Detail Worksheet" above. Eligible activities should support the above approved projects. A. Planning Developing scenario plans that incorporate the range of prevention, protection, response, and recovery activities for a scenario Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: • Implementing the National Preparedness Guidelines • Enhancing and implementing Statewide Communication Interoperability Plans (SCIP) and Tactical Interoperable Communications Plans (TICP) • Aligning SCIPs and TICPs to the goals and objectives of the National Emergency Communications Plan (NECP) • Costs associated with the adoption, implementation and adherence to NIMS compliance requirements, including implementing the NIMS National Credentialing Framework. • Modifying existing incident management and EOPs to ensure proper alignment with the NRF coordinating structures, processes, and protocols • Establishing or enhancing mutual aid agreements • Developing communications and interoperability protocols and solutions • Conducting local, regional, and Tribal program implementation meetings • Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIMS Integration Center (NIC) • Designing State and local geospatial data systems • Conducting public education and outreach campaigns, including promoting individual, family and business emergency preparedness; alerts and warnings education; and evacuation plans as well as IED or bombing prevention awareness • Preparing materials for the State Preparedness Report (SPR) Developing related terrorism prevention activities including: • Developing law enforcement prevention activities, to include establishing and/or enhancing a fusion center • Hiring an IT specialist to plan, develop, and implement the IT applications necessary for a fusion center • Developing and planning for information/intelligence sharing groups • Hiring contractors and consultants to make recommendations on the development of a fusion center • Integrating and coordinating public health care and health security data gathering (threats to human and animal health) within State and local fusion centers to achieve early warning and mitigation of health events • Integrating and coordinating private sector participation with fusion center activities • Acquiring systems allowing connectivity to State, local, and Federal data networks, such as the National Crime Information Center (NCIC) and Integrated Automated Fingerprint Identification System (IAFIS), as appropriate • Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery • Multi -discipline preparation across first responder community, including EMS for response to catastrophic events and acts of terrorism • Public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils 22 • Citizen Corps volunteer programs and other activities to strengthen citizen participation Conducting public education campaigns, including promoting individual, family and business emergency preparedness; promoting the Ready campaign; and/or creating State, regional or local emergency preparedness efforts that build upon the Ready campaign Evaluating CIP security equipment and/or personnel requirements to protect and secure sites • CIP cost assessments, including resources (e.g., financial, personnel) required for security enhancements/deployments • Multi -Jurisdiction Bombing Prevention Plans (MJBPP) • Underwater Terrorist Protection Plans Developing and enhancing plans and protocols, including but not limited to: • Developing or enhancing EOPs and operating procedures Developing or enhancing local, regional, or Statewide strategic or tactical interoperable emergency communications plans • Implementing Statewide Communication Interoperabiliy Plans (SCIP) and Tactical Interoperable Communications Plans (TICP) Aligning SCIPs and TICPs to the goals and objectives of the NECP Developing protocols or standard operating procedures for specialized teams to incorporate the use of equipment acquired through this grant program • Developing terrorism prevention/deterrence plans Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies Developing or enhancing border security plans Developing or enhancing cyber security plans • Developing or enhancing secondary health screening protocols at major points of entry (air, rail, port) Developing or enhancing cyber risk mitigation plans • Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans Developing public/private sector partnership emergency response, assessment, and resource sharing plans • Developing or enhancing plans to engage and interface with, and to increase the capacity of, private sector/non- governmental entities working to meet the human service response and recovery needs of victims Developing or updating local or regional communications plans • Developing plans to support and assist jurisdictions, such as port authorities and rail and mass transit agencies • Developing or enhancing continuity of operations and continuity of government plans • Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets provided under the NRF • Developing or enhancing evacuation plans • Developing or enhancing citizen surge capacity • Developing or enhancing plans for donations and volunteer management and the engagement/integration of private sector/non-governmental entities in preparedness, response, and recovery activities • Developing or enhancing Bombing Prevention Plans • Developing school preparedness plans • Ensuring jurisdiction EOPs adequately address warnings, emergency public information, evacuation, sheltering, mass care, resource management from non -governmental sources, unaffiliated volunteer and donations management, and volunteer resource integration to support each Emergency Support Function, to include appropriate considerations for special needs populations • Developing and implementing civil rights, civil liberties and privacy policies, procedures, and protocols • Designing and developing State and local geospatial data systems Developing or conducting assessments, including but not limited to: • Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans • Conducting or updating interoperable emergency communications capabilities assessments at the local, regional, or Statewide level • Developing border security operations plans in coordination with CBP • Developing, implementing, and reviewing Area Maritime Security Plans for ports, waterways, and coastal areas • Updating and refining threat matrices • Conducting cyber risk and vulnerability assessments • Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and State resources • Conducting Bombing Prevention Capability Analysis • Activities that directly support the identification of specific catastrophic incident priority response and recovery projected needs across disciplines (e.g. law enforcement, fire, EMS, public health, behavioral health, public works, agriculture, information technology, and citizen preparedness) • Activities that directly support the identification of pre -designated temporary housing sites • Conducting community assessments, surveys, and research of vulnerabilities and resource needs, and determine citizen education and participation to meet the needs 23 Conducting Citizen Corps program assessments and evaluations, citizen preparedness surveys, volunteer impact studies, and cost/benefit analysis Soft target security planning (public gatherings) Participating in the FEMA Gap Analysis Program Hiring of full or part-time staff or contractors/consultants to assist with planning activities • Grantees cannot use funding to hire public safety personnel fulfilling traditional public safety duties. Conferences to facilitate planning activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill • Payment of overtime expenses will be for work performed by award (SAA) or sub -award employees in excess of the established work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under HSGP. (IAW operational Cost Guidance) Other project areas with prior approval from FEMA B. Training Allowable training -related costs include, but are not limited to, the following: C. Exercises • Funds used to develop, deliver, and evaluate training, including costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. • Overtime and Backfill costs, as defined in this guidance, associated with attending or teaching FEMA-sponsored and/or approved training courses and programs are allowed. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from both their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Further, overtime costs associated with employees who participate in training in a teaching role for which they are compensated are not allowed. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full or Part -Time Staff or Contractors/Consultants to support training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the State or unit(s) of local government and have the approval of the State or awarding agency, whichever is applicable. Such costs must be included within the funding allowed for program management personnel expenses, which must not exceed 15 percent of the total allocation as specified in section E.6. In no case is dual compensation allowable (see above). • Certification/Recertification of Instructors is an allowable cost. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses that involve training of trainers. This information is contained in a Information Bulletin # 193, issued October 20, 2005. Training Activities States, territories, and Urban Areas are strongly encouraged to use HSGP funds to develop a State/territory homeland security training program. Allowable training related costs under HSGP include the establishment, support, conduct, and attendance of training specifically identified under the SHSP, UASI, MMRS, and CCP grant programs. Allowable training topics include, but are not limited to, CBRNE terrorism, cyber/agriculture/food security, intelligence gathering and analysis, NIMS related training, citizen and community preparedness, and training for volunteers. Training conducted using HSGP funds should address a performance gap identified through an After Action Report/Improvement Plan (AAR/IP) or contribute to building a capability that will be evaluated through an exercise. Exercises should be used to provide the opportunity to demonstrate and validate skills learned in training, as well as to identify training gaps. Any training or training gaps should be identified in the AAR/IP and addressed in the State or Urban Area training cycle. All training and exercises conducted with HSGP funds should support the development and testing of the jurisdiction's Emergency Operations Plan (EOP) or specific annexes, where applicable. 24 Exercises conducted with FEMA support must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes One, Two, and Three contain guidance for exercise design, development, conduct, evaluation, and improvement planning. HSEEP Volume Four provides sample exercise materials, and HSEEP Volume Five: Prevention Exercises contains guidance and recommendations for designing, developing, conducting, and evaluating prevention - focused exercises. All volumes can be found at http-//hseep dhs.m. All exercises using HSGP funding must be NIMS compliant More information is available online at the NIMS Integration Center, hVp-/Avwwfema.e-ov/emergency/nims/index.shtm. Allowable exercise -related costs include: • Funds Used to Design, Develop, Conduct and Evaluate an Exercise — Includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. • Hiring of Full or Part -Time Staff or Contractors/Consultants — Full or part-time staff may be hired to support exercise -related activities. Such costs must be included within the funding allowed for program management personnel expenses, which must not exceed 15 percent of the total allocation. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) — whichever is more stringent — must be followed. In no case is dual compensation allowable. • Overtime and Backfrll — Overtime and backfill costs associated with the design, development, and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable (see above). • Travel — Travel costs are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of exercise project(s). • Supplies — Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non -sterile masks, and disposable protective equipment). • Other Items — These costs include the rental of space/locations for exercise planning and conduct, rental of equipment (e.g., portable toilets, tents), food, refreshments, gasoline, exercise signs, badges, etc. Unauthorized exercise -related costs include: • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs). Exercise Scenarios. The scenarios used in HSGP-funded exercises must be based on the State's/Urban Area's Homeland Security Strategy and plans. Acceptable scenarios for SHSP, UASI, MMRS, and CCP exercises include: chemical, biological, radiological, nuclear, explosive, cyber, agricultural and natural or technological disasters. Exercise scenarios must be catastrophic in scope and size, as defined by the National Response Framework. The scenarios used in HSGP-funded exercises must focus on validating existing capabilities and must be large enough in scope and size to exercise multiple tasks and warrant involvement from multiple jurisdictions and disciplines and nongovernmental organizations. Exercise scenarios should also be based on the Multiyear Training and Exercise Plan. Models, Simulations and Games (MS&G). Grantees who wish to expend funds on models, simulations, or games (MS&G) must consult with "Review of Models, Simulations, and Games for Domestic Preparedness Training and Exercising, Volume III, " which provides an overview and analysis of existing models, simulations, and games. Grantees can also consult with the MS&G Decision Support System, which automates the aforementioned report into a searchable database. Both the report and system are available through the HSEEP website. Special Event Planning. If a Urban Area will be hosting an upcoming special event (e.g., Super Bowl, G-8 Summit); they anticipate participating in a Tier 2 National -Level Exercise as defined by the National Exercise Program Implementation Plan (NEP I -Plan); or they anticipate that they will apply to be a venue for a Tier 1 National -Level Exercise, as defined by the I -Plan, they should plan to use SHSP or UASI funding to finance training and exercise activities in preparation for that event. States and Urban Areas should also consider exercises at major venues (e.g., arenas, convention centers) that focus on evacuations, communications, and command and control. States should also anticipate participating in at least one Regional Exercise annually. States must include all confirmed or planned special events in the Multi -year Training and Exercise Plan. Exercise Evaluation. All exercises will be performance -based and evaluated. An After -Action Report/Improvement Plan (AAR/IP) must be prepared and submitted to FDEM, following every exercise, regardless of type or scope. AAR/IPs must conform to the HSEEP format, should capture objective data pertaining to exercise conduct, and must be developed based on information gathered through Exercise Evaluation Guides (EEGs) found in HSEEP Volume IV. All applicants are encouraged to use the Lessons Learned Information Sharing System (LLIS.gov) as a source for lessons learned and to exchange best practices. 25 Self -Sustaining Exercise Programs. Urban Areas are expected to develop a self sustaining exercise program. A self-sustaining exercise program is one that is successfully able to implement, maintain, and oversee the Multi -year Training and Exercise Plan, including the development and delivery of HSGP-funded exercises. The program must utilize a multi -disciplinary approach to the development and delivery of exercises, and build upon existing plans, training, and equipment. Role of Non -Governmental Entities in Exercises. Non -governmental participation in all levels of exercises is strongly encouraged. Leaders from nongovernmental entities should be included in the planning, conduct, and evaluation of an exercise. State and local jurisdictions are encouraged to develop exercises that test the integration and use of non -governmental resources provided by nongovernmental entities, defined as the private sector and private non-profitfaith-based, community, volunteer and other non -governmental organizations. Nongovernmental participation in exercises should be coordinated with the local Citizen Corps Council(s). D. Equipment Acquisition The allowable prevention, protection, response, and recovery equipment categories and equipment standards for FY 2009 HSGP are listed on the web -based version of the Authorized Equipment List (AEL) on the Responder Knowledge Base (RKB), at https:11www rkb us. Unless otherwise stated, equipment must meet all mandatory regulatory and/or DHS-adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. III. Program Requirements A. National Incident Management System (NIMS) Compliance HSPD-5, "Management oJDomestic Incidents," mandated the creation of NIMS and the National Response Plan (NRP). NIMS provides a consistent framework for entities at all jurisdictional levels to work together to manage domestic incidents, regardless of cause, size, or complexity. To promote interoperability and compatibility among Federal, State, local, and tribal capabilities, NIMS includes a core set of guidelines, standards, and protocols for command and management, preparedness, resource management, communications and information management, supporting technologies, and management and maintenance of NIMS. The NRP, using the template established by NIMS, is an all - discipline, all -hazards plan that provides the structure and mechanisms to coordinate operations for evolving or potential Incidents of National Significance, which are major events that "require a coordinated and effective response by an appropriate combination of Federal, State, local, tribal, private sector, and nongovernmental entities." The NIMS Integration Center (NIC) recommends 38 NIMS Compliance Objectives for nongovernmental organizations that support NIMS implementation. These activities closely parallel the implementation activities that have been required of State, territorial, tribal, and local governments since 2004 and can be found at www.fema.vov/pdf/emergencv/nims/ng_o fs ndf. To integrate nonprofit organizations into the broader national preparedness effort, DHS encourages grantees to consider pursuing these recommended activities. Additionally, nongovernmental organizations grantees and sub -grantees will be required to meet certain NIMS compliance requirements. This includes all emergency preparedness, response, and/or security personnel in the organization participating in the development, implementation, and/or operation of resources and/or activities awarded through this grant must complete training programs consistent with the NIMS National Standard Curriculum Development Guide. Minimum training includes IS-700 NIMS: An Introduction. In addition, IS-800.a NRP: An Introduction, Incident Command System (ICS-100), Incident Command System (ICS-200), Intermediate Incident Command System (G-300), and Advanced Incident Command System (G-400) are also recommended. For additional guidance on NIMS training, please refer to htto://www.fema.Lov/emergency/aims/nims trainine shtm. Additional information about NIMS implementation and resources for achieving compliance are available through the NIMS Integration Center (NIC), at hM://www.fema.eov/emergencv/nims/. B. ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION COMPLIANCE GUIDELINES The following types of projects are to be submitted to FEMA for compliance review under Federal environmental planning and historic preservation (EHP) laws and requirements prior to initiation of the project: • New Construction, Installation and Renovation, including but not limited to: o Emergency Operation Centers o Security Guard facilities o Equipment buildings (such as those accompanying communication towers) o Waterside Structures (such as dock houses, piers, etc.) • Placing a repeater and/or other equipment on an existing tower • Renovation of and modification to buildings and structures that are 50 years old or older • Any other construction or renovation efforts that change or expand the footprint of a facility or structure including security enhancements to improve perimeter security • Physical Security Enhancements, including but not limited to: o Lighting 26 o Fencing o Closed-circuit television (CCTV) systems o Motion detection systems o Barriers, doors, gates and related security enhancements Field based training and exercises including activities that involve ground disturbance, use of explosives, toxic agents or otherwise have the potential to cause impact to the environment or historical resources. This is only a requirement if the exercise or field training is not being conducted by a certified professional or at an existing facility with established procedures. In addition, the erection of communications towers that are included in a jurisdiction's interoperable communications plan is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects must be submitted to FEMA for EHP review. EHP DETERMINATION PROCESS Submit the Final Screening Memo to the SAA for review prior to funds being expended. The SAA will review and notify the recipient of its decision. The grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. APPROVAL PROCESS TO FEMA I. Prepare a formal written Scope of Work with details outlined in the attached EHP Compliance Requirements, page 2. Il. The Final Screening Memo should be attached to all project information sent to the Grant Programs Directorate (GPD) for an EHP regulatory compliance review. III. Complete the attached National Environmental Policy Act (NEPA) Compliance checklist IV. Prepare maps indicating the location(s) of proposed project (Guidance provided) V. Take photographs of the location(s) of proposed project (Guidance provided) VI. Forward all documents to the SAA. All documents are then forwarded to GPD electronically via the Centralized Scheduling and Information Desk (CSID) at askcsid(adhs.gov. VII. CSID will send an email confirming receipt of the project description. VIII. FEMA Program Analyst sends notification to SAA when review is complete. SAA notifies recipient of FEMA's final decision. Ix. THE PROJECT MAY BEGIN ONCE FINAL FEMA APPROVAL IS RECEIVED. Grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. Grantees must receive written approval from FEMA prior to the use of grant funds for project implementation. III. Reporting Requirements 1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 30, June 30, September 30 and December 30) for the life of this contract If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. Reporting Period Report due to DEM no later than January 1 through March 31 Aril 30 1 through June 30 July 31 -April July 1 through September 30 October 31 27 October 1 through December 31 I January 31 2. Programmatic Reporting-BSIR After the end of each reporting period, for the life of the contract, the recipient will complete their Biannual Strategic Implementation Report in the Grants Reporting Tool (GRT) b—qs://www.reportine.odp.dhs.gov. The reporting periods are January 1-June 30 and July I -December 31. Data entry is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent. 3. Reimbursement Requests: A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period. The Recipient should include the category's corresponding line item number in the "Detail of Claims" form. This number can be found in the "Proposed Program Budget". A line item number is to be included for every dollar amount listed in the "Detail of Claims" form. 3. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the agreement is either completed or the agreement has expired. 4. Monitoring: Florida Division of Emergency Management US Department of Homeland Security Grants Program Grant Monitoring Process Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects and equipment the Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of the grant activity and items purchased. The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and federal guidelines. The FDEM is responsible for monitoring the financial, programmatic and capability portion of the grant to include equipment procurement and compliance with applicable SHSGP grant guidance and statutory regulations. Monitoring is accomplished utilizing various methods including desk monitoring and on -site visits. There are two primary areas reviewed during monitoring activities - financial and programmatic/capability. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is defined as the review of projects, financial activity and technical assistance between the program office and the applicant via e-mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a team or members of the FDEM or their designee, to actually observe records, procedures and equipment. Frequency of annual monitoring activity Each year the FDEM will identify up to 50% of sub -grantees for site visit monitoring. It is important to note that although a given grant has been closed successfully, it is still subject to either desk or on -site monitoring for a five year period following closure. _Examples of areas that may be examined include: Management and administrative procedures Grant folder maintenance Equipment accountability and sub -hand receipt procedures Program for obsolescence Status of equipment purchases Status of training for purchased equipment Status and number of response trainings conducted to include number trained Status and number of exercises Status of planning activity Anticipated projected completion Specific difficulties completing the project. Agency NIMS/ICS compliance documentation In certain circumstances, the FDEM may request additional monitoring/information if the activity, or lack there of on the part of the specific recipient has generated questions from the region, the sponsoring state agency or the FDEM leadership. The method of gathering this information will be determined on a case -by -case basis. 28 Desk monitoring is an on -going process. Agency recipients will be required to participate in desk top monitoring on an annual basis and as determined by the FDEM. The agency recipients will complete and submit the desk top monitoring within 14 business calendar days of receipt. This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if the FDEM determines that a recipient is having difficulty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email. Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the FDEM for assistance. Examples of TA include but are not limited to: Equipment selection or available vendors 4 Eligibility of items or services 4 Coordination and partnership. with other agencies within or outside the region or discipline Site Visits Site visits will be conducted by the FDEM or designated personnel. Site visits will be scheduled in advance with the recipient agency POC designated in the grant agreement. Monitoring questionnaires will be provided in advance of the visit. The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. All findings related to the capability review will be documented and maintained within the FDEM Site Visit Protocol The following outlines the monitoring protocol for the FDEM: The site visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in the completion of all required tasks. Site Visit Preaaration A letter will be sent to the recipient agency Point of Contact (POC) stating the purpose of the site visit at least 30 calendar days before the planned arrival date. FDEM personnel will call within the next 10 calendar days to schedule an appointment to review the grantee's program. The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit. The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. Any personnel from the FDEM attending the site visit will review the grantee's corresponding folder(s) before the visit. Prior to the visit, individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit team at a minimum of five (5) calendar days before the visit. A reminder e-mail should be sent to all team members and the recipient POC one business day in advance of the site visit. Site Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain their objectives and will proceed to perform the financial review. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted. Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per recipient agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capitol expenditures in excess of $1,000. per item). If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed, the FDEM personnel will then conduct an exit conference with the grantee to review the findings. Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Site Visit al A. FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will be generated and sent to the grantee. The. grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM. The Site Visit Worksheet, report and photographs will then be included in the grantee's file along with any documents distributed at the site visit by the grantee. Programmatic Point of Contact Contractual Point of Contact Chanda Brown FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 414-8538 chandabrown em.mytlorida.com B. Contractual Responsibilities Programmatic Point of Contact FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 410-3457 corn The FDEM shall determine eligibility of projects and approve changes in scope of work. The FDEM shall administer the financial processes. W Attachment B Program Statutes, Regulations and Special Conditions 1) 53 Federal Register 8034 2) Section 1352, Title 31, US Code 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, 70 6) Uniform Relocation Assistance and Real Property Acquisitions Act L w 93 7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-26 87 470Stat975 8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 12) 28 CFR applicable to grants and cooperative agreements 13) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 14) 42 USC 3789(d), or Victims of Crime Act (as appropriate); 15) Title VI of the Civil Rights Act of 1964, as amended; 16) Section 504 of the Rehabilitation Act of 1973, as amended; 17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); 18) Title IX of the Education Amendments of 1972; 19) Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 20) 28 CFR Part 42, Subparts C,D,E, and G 21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39 Special Conditions The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to Department of Homeland Security grants are listed below: A. Administrative Requirements ➢ 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments ➢ 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110) B. Cost Principles ➢ 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) ➢ 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) ➢ 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) ➢ Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations 31 C. Audit Requirements ➢ OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations 2. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. 3. The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2009 Homeland Security Grant Program guidance and application kit. 4. The recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. 5. Each State/UASI jurisdiction will contribute in full any cost share amount as submitted in the Investment Justification. 32 Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the Recipient within the initial three months of the Agreement. [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. ADVANCE REQUEST WORKSHEET I I ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following worksheet (A) (B) (C) (D) FFY FFY FFY Total DESCRIPTION 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS Divide line 2 by line 1.) ' First three months expenditures need only be provided for the years in wmcn you requested an advance. n you do not have this information, call your consultant and he or she will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ Cell D3 DEM Award MAXIMUM (Do not include any match) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous DCA/DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete Estimated Expenses chart and Explanation of Circumstances below. Attach additional pages if needed. 33 ESTIMATED EXPENSES BUDGET CATEGORY 2009-2010 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: 34 Attachment D Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 35 Codes of conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 121 Attachment E Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title DCA Contract Number Street Address City, State, Zip Date 37 Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies; guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Pan` 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 38 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil. Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug - Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 39 ITEM NO. VI-C2 DATE: 03/09/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY - Jack T. Southard , SUBMITTED BY: Public Safety Public Safety Dire SUBJECT: Resolution No. 10-072 County Emergency Management Preparedness and Assistance Trust Fund Base Grant (EMPA) Federal match portion. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001515-2510-331233-29501 PREVIOUS ACTION: October 14, 2008 - Board approved Base Grant in the amount of $98,726.00. July 14, 2009 - Board approved Resolution No.09-199 accepting additional $70,009.00. RECOMMENDATION: Board approval of Budget Resolution No.10-072 accepting the additional $24,999.26 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sig natures County Attorney ()C)A� OMB Director Budget Analyst Dan McIntyre Originating Dept. ( ) (Name) �) 4W-- Patty Marston Marie Gouin ERD ( ) (Name) Public Safety Department MEMORANDUM TO: Board of County Commissioners FROM: Jack T. Southard, Directo Public Safety Department DATE: March 9, 2010 SUBJECT: Resolution No. 10-072 County Emergency Management Preparedness and Assistance Trust Fund Base Grant (EMPA) Federal match portion. ITEM NO. VI-C2 Background: The Federal match portion of the County Emergency Management Preparedness and Assistance Trust Fund Base Grant (EMPA) is a cost -reimbursement agreement. Funding provided is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G-6, Florida Administrative Code and Chapter 252, Florida Statutes). Recommendation: Board approval of Budget Resolution No.10-072 accepting the additional $24,999.26 and authorization for the Chairman to sign documents as approved by the County Attorney RESOLUTION NO. 10-072 WHEREAS, subsequent to the adoption of the St Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Division of Emergency Management through a grant award Modification To Agreement letter for $24,999.26 to increase the funding of the Emergency Management Planning Assistance (EMPA) grant in the 2009-2010 fiscal year. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 9t' day of March, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001515-2510-331233-200 Dept of Homeland Security $24,999 APPROPRIATIONS 001515-2510-541000-200 Communications $8,333 001515-2510-543000-200 Utilities $8,334 001515-2510-551000-200 Office Supplies $4,166 001515-2510-552000-200 Operating Supplies $4,166 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chairman XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 9TH DAY OF MARCH 2O10. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Contract Number: 10-BG-25-10-66-01-128 MODIFICATION TO AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND ST. LUCIE COUNTY This Modification is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and St. Lucie County ("Recipient") to modify DCA Contract Number 10-BG-25-10-66-01-128, dated December 8, 2009 ("the Agreement"). WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a sub grant of $102, 724 to Recipient; and WHEREAS, the remaining amount of $24,999.26 from the 2008-2009 EMPG funds will increase the total Agreement amount and must be expended on or before June 30, 2010. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is amended to increase the maximum amount payable under the Agreement to 127,723.26. 2. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. 3. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out herein. RECIPIENT: ST. LUCIE COUNTY By: Name and Title: Date: DIVISION OF EMERGENCY MANGEMENT David Halstead, Interim Director Date: L AGENDA REQUEST TO: ITEM NO. VI-C3 DATE: 03/09/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Jack T. Southard 0 SUBMITTED BY: Public Safety Public Safety Direct SUBJECT: Emergency Management Services (EMS) Grant BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 104-2610-581060-2950 — Fire District PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution No. 10-083 for the EMS grant in the amount of $94,205.00 and authorization for the Chairman to sign documents as approved by the County Attorney. BOARD OF COUNTY COMMISSIONERS COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) �n,� Budget Analyst � V .lam ffioi Dan McIntyre Patty Marston Marie Gouin Originating Dept. ( ) (Name) (Name) If COUNTY �```Public Safety Department F L O R I D A -�- MEMORANDUM TO: Board of County Commissioners FROM: Jack T. Southard Public Safety Dire DATE: March 09, 2010 SUBJECT: Emergency Management Services (EMS) Grant ITEM NO. VI-C3 Background: The St. Lucie County Fire District has filled out an application for the annual Emergency Management Services (EMS) Grant offered by the Bureau of Emergency Management, State of Florida Department of Health. The application was approved by the Board of Commissioners for the St. Lucie County Fire District on Wednesday, February 17, 2010. They anticipate receiving up to $94,205.00 in the fiscal year 2009-2010. Section 4 of the application calls for a resolution from the Board of County Commissioners certifying the monies from the EMS County grant will improve and expand the County's pre -hospital EMS system and the grant monies will not be used to supplant existing Fire District EMS budget allocations. Recommendation: Board approval of Resolution No. 10-083 for the EMS grant in the amount of $94,205.00 and authorization for the Chairman to sign documents as approved by the County Attorney. i RESOLUTION NO. 10-083 A RESOLUTION APPROVING THE STATE OF FLORIDA, DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES, 2009-10 EMERGENCY MEDICAL SERVICES COUNTY GRANT APPLICATION AND AUTHORIZING THE CHAIRMAN TO EXECUTE AND SUBMIT THE APPLICATION WHEREAS, the Board of -County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 401.345, Florida Statutes, the State of Florida has established an Emergency Medical Services Trust Fund consisting in part of a portion of each fine for every municipal and county moving violation and driving under the influence conviction. 2. Under Section 401.113, Florida Statutes, a portion of the funds deposited into the Emergency Medical Services Trust Fund by St. Lucie County from July 1, 2009 through and including June 30, 2010, and remaining funds from the 2009-2010 award, plus any interest earned will be used to fund pre -hospital emergency medical services in St. Lucie County. 3. The Board of County Commissioners may disburse funds dispensed to the County under Section 401.113, Florida Statutes, to the St. Lucie County Fire District as a licensed emergency service provider operating in St. Lucie County. 4. The St. Lucie County Fire District has certified that the request is for an improvement or expansion of its pre -hospital emergency medical services. 5. Prior to any disbursements of funds from the Emergency Medical Trust Fund, the St. Lucie County Fire District will extend the Interlocal Agreement with St. Lucie County to ensure that the request will be funded and permitting the County to audit the use of funds disbursed under the grant. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The attached Application for Funding County Emergency Medical Services (EMS) Award is incorporated herein and made a part thereof. t 2. The Board of County Commissioners certifies that the attached application is for an improvement or expansion of the pre -hospital emergency medical services system in St. Lucie County and that the funds requested will not be used to supplant the existing County emergency medical services budget allocation. 3. The St. Lucie County Fire District Fire Administrative Officer is hereby designated the "Authorized Contact Person" pursuant to the requirements of the Application. 4. The Chairman of the Board of County Commissioners is authorized to submit the application and a copy of this resolution to the Department of Health, Bureau of Office of Emergency Medical Services. After motion and second, the vote on this Resolution was as follows: Chairman Charles Grande Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Chris Craft Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk XXX XXX XXX XXX XXX day of 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney EMS COUNTY GRANT APPLICATION FLORIDA DEPARTMENT OF HEALTH Bureau of Emergency Medical Services Complete all items ID. Code The State Bureau of EMS will assign the ID Code — leave this blank C90 1 County Name: St Lucie Business Address: 2300 Virginia Avenue Ft. Pierce, Florida 34982 Tele hone:772-462-1400 Federal Tax ID Number (Nine Digit Number). VF 596000835 2. Certification: (The applicant signatory who has authority to sign contracts, grants, and other legal documents for the county) I certify that all information and data in this EMS county grant application and its attachments are true and correct. My signature acknowledges and assures that the County shall comply fully with the conditions outlined in the Florida EMS County Grant Application. Date: Printed Name: Position Title: Chair, BOCC ..A k- 3. Contact Person: (The individual with direct Knowieage or ine project on a ucay-w-uQy Wool', a. responsibility for the implementation of the grant activities. This person is authorized to sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Brian Blizzard Position Title: Deputy Chief Address: 5160 NW Milner Drive Port St. Lucie, Florida 34983 Telephone: 772-621-3336 Fax Number:772-621-3596 E-mail Address: bblizzard slcfd.or 4. Resolution: Attach a current resolution from the Board of County Commissioners certifying the grant funds will improve and expand the county pre -hospital EMS system and will not be used to supplant current levels of county expenditures. 5. Budget: Complete a budget page(s) for each organization to which you shall provide funds. List the organization(s) below. (Use additional pages if necessary) St. Lucie County Fire District DH 1684, December 2008 64J-1.015, F.A.C. BUDGET PAGE I f A. Salaries and Benefits - B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an agency, such as, commodities and supplies of a consumable nature excluding expenditures classified as o eratin ca ital outla see next cate o List the4item and, if applicable, the quantity T "�-: = .TSR' 3� 'L. Y-. � � "S x Amount 1A• � M-: yL6 .�i'� �" 23.'�S TOTAI 1 $ C. Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non consumable and non expendable nature with a normal expected life of one (1) vear or more - the �teman'f applicable theunt�ty ! r .. _ . to : ".c« Power Lift Stretchers (5) �-m©u �- :l r+ 53,408.00 Zoll Soft EKG bags (30) 11,400.00 Mechanical Suction Units (15) 11 250.00 36V Rescue Batteries (34) 5 099.66 Rescue Safety Vests (36) 1,407.60 BP monitor (2) 3,330.00 Inflatable Child Seats (20) 7,780.00 EZIO Driver(1) 310.24 Manual Suction Device (5) 219.50 TOTAL $94,205.00 Grand Total $94,205.00 DH 1684, December 2008 2 FLORIDA DEPARTMENT OF HEALTH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(a), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre -hospital EMS. Name of Agency: St. Lucie County Board of County Commissioners Mailing Address: 2300 Virginia Avenue Ft. Pierce, Florida 34982 Federal Identification number 596000835 Authorized Official: Signature Chairman BOCC Type Name and Title Sign and return this page with your application to: Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee, Florida 32399-1738 Do not write below this line. For use by Bureau of E Grant Amount For State To Pay: $ Approved By Signature of EMS Grant Officer State Fiscal Year: 2009 - 2010 Organization Code E.O. 64-42-10-00-000 05 Federal Tax ID: VF Date Medical Services personnel Grant ID: Code: C90 OCA Object Code SF005 750000 Grant Beginning Date: _October 1, 2009 Grant Ending Date: DH 1767P, December 2008 64J-1.015, F.A.C. Date CategorX 059998 3 2009-2010 Florida Department of Health, County EMS Grant Explanation of Proposed Expenditures Project: Power Lift Stretcher Systems Vendor: Stryker Cost: $53,408.00 Need: Tremendous advancements have been made in stretcher technology and ergonomics. The electric lift powered ambulance cot dramatically reduces strenuous lifting and the associated risk of back injury. The battery powered hydraulic system raises and lowers patients with the touch of a button. The project is to purchase 5 power lifting stretchers in an effort to reduce employee injuries and worker compensation costs. Project: Zoll E Series EKG Bags Vendor: Zoll Medical Cost: $11,400.00 Need: This project will improve the storage and protection of equipment with our Zoll E-series EKG units. The EKG bags provide additional storage and protection for the Zoll monitors as compared to our dated EKG covers. Another benefit is the unrestricted ability to print from the Zoll monitor even with the EKG bag in place. Project: Mechanical Suction Units Vendor: Laerdal Cost: $ 11,250 Need: This project will provide for rugged mechanical suction units with 2010 technology. Our current situation is using portable suction devices that are over a decade old with decreased reliability and battery capabilities. The new suction devices will enable crews to dial in the desired amount of suction with a single knob and utilize an industry standard canister for reduced bio-hazardous risk during disposal. Project: Rescue Tool Batteries Vendor: Dewalt Cost: $5,099.66 Need: Currently, the Fire District utilizes a kit of Dewalt electric power tools (saws, blades, etc.) to facilitate extrication of victims entangled in a motor vehicle collision. These systems rely on batteries that endure many cycles of charging and have a shelf life of less than two years. The threshold for power tool failure is now great because of outdated batteries. This project would fund new 36 volt batteries with greater technology, power and shelf life and thereby increase the reliability and effectiveness of the power tools. Project: Breakaway Safety Vests Vendor: Daydreams Cost: $1,407.60 Need: The new safety vests will enable rescue crews to work without fear of entanglement due to an improved breakaway design. The older design was prone to get caught on objects and had very little give, especially in the shoulder area, causing potential for an injury. The breakaway design has additional Velcro tabs in the shoulder area that will pull apart in caught and thereby minimize the potential for an injury. Project: Automatic Blood Pressure Monitor Vendor: Boundtree Cost: $3,330.00 Need: The automatic blood pressure monitor offers leading -edge technology in a rugged, lightweight, portable Lunt that will enable rescue crews to better manage critical vital signs and patient care interventions. Automatic blood pressure machines allow for hands free maintenance of blood pressures during patient transport, thereby enabling the rescuer to attend to additional patient care treatments. Project: Inflatable Child Seat Vendor: Boundtree Medical Cost: $7,780.00 Need: Approximately six million children are transported each year by emergency medical services (EMS) providers. Safety standards, guidelines, and specifications for the safe transport of ill and injured children in ambulances are still under rule development; however, there are many recommendations indicating the use of a child seat device. The air filled, inflatable child seat project will allow for a safer transport of pediatric patients and will reduce the risk of injury in the event of an accident. Project: EZ-I0 System Vendor: Soverign Medical Cost: $310.24 Need: The EZ-10 system project is designed to help rescue crews gain vascular access in seconds in order to provide rapid intravenous therapy to patients when normal intravenous measures are not possible. The EZ-I0 system is a power driven device that allows a revolving needle to enter the bone more securely over the past practice of the manual push and twist interosseous method. Project: Manual Suction Pumps Vendor: Boundtree Medical Cost: $219.50 Need: The Manual Suction Pump project will provide a back-up mechanism to our battery powered suction devices in the event of long term remote operation, such as a lengthy extrication in rural areas. In addition to our battery powered suction devices, these manual devices will be placed on EMS field supervision vehicles to be readied for service when battery powered suction devices fail or becomes power depleted. St. Lucie County Fire District 2009-2010 EMS County Grant Budget Item Vendor Quantity Price Per Project Total Stretchers Stryker 5 10,681.60 53,408.00 Zoll soft EKG bags Zoll Medical EMS 30 380.00 11,400.00 LSU Suction Units Boundtree 15 750.00 11,250.00 36 V Rescue Batteries DeWalt 34 149.99 5,099.66 Rescue Safety Vests Day Dreams 36 39.10 1,407.60 BP monitor Boundtree 2 1,665.00 3,330.00 Child Seats Boundtree 20 389.00 7,780.00 EZIO Driver Soverign Medical 1 310.24 . 310.24 Manual Suction Device Boundtree 5 43.90 219.50 TOTAL $94,205.00 ITEM NO. VI — D: DATE: 03/09/2010 • , - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Laurie Waldie SUBMITTED BY: Utilities Department Utility Director SUBJECT: Resolution 10-069, Connection Fees and Charges. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 23, 2008 - BOCC approval of connection fees and charges. RECOMMENDATION: Board approval to adopt Resolution 10-069 authorizing the adjustment of water, wastewater, and reuse utility connection fees and charges within the St. Lucie County Water and Sewer District as outlined in the agenda memorandum and attached exhibits. COMMISSION ACTION: (�) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director Budget Analyst Dan McIntyre Originating Dept. (X) Other Laurie Waldie 1 _ft""4 Utility Department MEMORANDUM TO: Board of County Commissioners FROM: Laurie Waldie, Utility Director ' ,l DATE: March 9, 2010 SUBJECT: Resolution 10-069, Connection Fees and Charges ITEM NO. VI — D2 Background: Per the Charter of the St. Lucie County Water and Sewer District (District), Section 4.03(E): "The rates, fees and charges of the District shall further be automatically increased without further action of the Commission based upon the implementation of a rate increase to the Commission by any utility which provides utility service to the Commission", and in Section 2 of the Uniform Extension Policy, as adopted under Resolution No. 05-277, provides: "Connection Fees shall be indexed annually for cost of living increases at an amount of 6% per year, provided such indexing shall no longer apply once a Connection Fee has been paid to the District." Based on the above governing District policies, staff is requesting approval through this resolution to adopt connection fees in three phases over the next three years for the annual 6% increase with the effective dates of April 1, 2010, October 1, 2011 and October 1, 2012 for developers of a new property, or an existing home that now requests connection to the County's central utility services. This amendment is required to cover the costs of providing utility capacity to our new customers and in essence, to have growth pay for growth. The adjusted Connection and Meter Installation Fees are shown on Exhibit "'I", Exhibit "2" and Exhibit "3'. As part of the pass -through of costs from another utility to the District, any increase in Connection Fees from Fort Pierce Utility Authority (FPUA) would also be included in the charge to those District customers' being served through the bulk agreement with FPUA. Currently, the additional pass -through connection charges from FPUA per ERC are $236.00 for new water service and $1,236.00 for new wastewater service. Recommendation Board approval to adopt Resolution 10-069 authorizing the adjustment of water, wastewater, and reuse utility connection fees and charges within the St. Lucie County Water and Sewer District as outlined in this agenda memorandum and attached exhibits. `8 8g S 8 N P O I N M Q a�0 m-- r 1q m N i` N 3 H N N N U! G C 8 p 8 yWj O &� fV A 6NH r I GoC N P1 a M N N N N 8 8 8 Q n3 N cl N N N `8 88 8 8 to.a Ui r N N N H N M N 8 8 8 o a V! N N l0 N `8 88 8 S A N Y r N W x S N N H N N 8 8 8 m SS5 N Y! N O F V O 8 8 O S N m s. N l0 a N M N N N W 8 8 8 8 N $ fV N N d H N N Q• $ W N a ON N N H N 8 8 8 N N N N O 8 88 8 8 n C r CO)r �a N N M N N M 8 8 8 m m � N N N N � N H N N N N S S S O m N N H N N v wAsU U i O F 0 s N i 9 'Y RESOLUTION NO. 10-069 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SITTING AS THE COMMISSION OF THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT, AUTHORIZING THE ADJUSTMENT OF WATER, WASTEWATER, AND REUSE UTILITY CONNECTION CHARGES FOR CUSTOMERS WITHIN THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 04-023, (the "District Ordinance") the St. Lucie County Board of County Commissioners ("Commission") created the St. Lucie County Water and Sewer District ("District") for the purpose of providing water, wastewater, and reclaimed water service within the boundaries of the District; and WHEREAS, on September 23, 2008, in Resolution No. 08-286, the Commission, sitting as the Board of the St. Lucie County Water and Sewer District ("Board") established the existing water, wastewater and reuse utility connection charges for customers within the District ("2008 Resolution"); and WHEREAS, in Section 2 of the Uniform Extension Policy, as adopted under Resolution No. 05-277, provides: "Connection Fees shall be indexed annually for cost of living increases at an amount of 6% per year, provided such indexing shall no longer apply once a Connection Fee has been paid to the District."; and WHEREAS, the Charter of the District, Section 4.03(E), provides: (E) The rates, fees and charges of the District shall be automatically increased without further action of the District Commission based upon the application of the Florida Public Service Commission utility price indices, as established from time to time by the Florida Public Service Commission pursuant to Florida Statute section 367.081(4)(a), as amended, to the then existing rates, fees and charges of the W&S District Connection Fee Resolution 10-069 District. Prior to application of this automatic cost escalation provision, the District Utility Director shall submit to the Commission at a Commission meeting a report detailing the amount of the escalation and the new rates as revised. Unless the Commission votes to withhold the automatic cost escalation, the District's rates, fees, and charges tariff shall be adjusted pursuant to this section as required effective as of the first billing cycle after the Commission's meeting. The rates, fees and charges of the District shall further be automatically increased without further action of the Commission based upon the implementation of a rate increase to the Commission by any utility which provides utility service to the Commission, or upon implementation or increase of any taxes or PILOT levied by a governmental authority against the Commission, or upon an increase of costs incurred for water quality or wastewater quality testing required by the Department of Environmental Protection. Prior to application of this automatic cost escalation provision, the District Utility Director shall submit to the Commission at a Commission meeting a report detailing the amount of the escalation and the new rates as revised. Unless the Commission votes to withhold the automatic cost escalation, the District's rates, fees, and charges tariff shall be adjusted pursuant to this section as required effective as of the first billing cycle after the Commission's meeting. Notwithstanding the provisions of Section 4.03(C) hereof, no public hearing shall be required for the automatic adjustments set forth in this section (E); and WHEREAS, the District receives water and wastewater utility service from the Ft. Pierce Utility Authority ("FPUA"), and the FPUA has implemented increases in the connection fees and charges levied against the District for such utility service, which pursuant to Section 4.03(E) of the District Charter are to be passed through to the developer; and WHEREAS, the Commission, on the advice and recommendations of its Utility staff and technical advisors, finds that the adjusted Connection Fees for future customers of the District set forth in the attached Exhibit "1" ("2010 Schedule of Connection Fees"), Exhibit "2" ("2011 Schedule of Connection Fees"), Exhibit "3" ("2012 Schedule of Connection Fees"), correctly implements the provisions of Section 2 of the District Uniform Extension Policy to incorporate the Annual Indexing Adjustments and the pass - through provisions of Section 4.03(E) of the District Charter, and finds that such adjusted W&S District Connection Fee Resolution 10-069 2 r 2010, 2011 and 2012 Connection Fee Schedules are just and equitable and in the public interest; and WHEREAS, the Commission provided for advertising of the proposed Schedules of Connection Fees for the District; the notice set forth the date, time and place of the meeting of the Commission at which such proposal would be considered and whereby interested parties had an opportunity to be heard concerning the 2010, 2011, and 2012 Schedules of Connection Fees. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, sitting as the Board of the St. Lucie County Water and Sewer District: Section 1. ADOPTION OF 2010, 2011 and 2012 SCHEDULES OF CONNECTION FEES FOR THE DISTRICT. The Report from the District Utility Director detailing the amount of the increase in the Connection Fee Schedules are accepted. The 2010, 2011, and 2012 Schedules of Connection Fees are hereby approved. The 2010 Schedule of Connection Fees shall be effective April 1, 2010. The 2011 Schedule of Connection Fees shall be effective October 1, 2011. The 2012 Schedule of Connection Fees shall be effective October 1, 2012. Section 2. SEVERABILITY. If any section, paragraph, sentence, clause, phrase, or word of their Resolution is for any reason held by a court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Resolution. Section 3. EFFECTIVE DATE. This Resolution shall become effective upon adoption (the "Effective Date") W&S District Connection Fee Resolution 10-069 3 Section 4. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chairman Charles Grande XXX Vice Chairman Doug Coward XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Chris Craft XXX PASSED AND DULY ENACTED this day of , 2010. BOARD OF COUNTY COMMISSIONER ST. LUCIE COUNTY, FLORIDA ATTEST: Deputy Clerk BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney EXHIBIT "1" SCHEDULE OF CONNECTION FEES EFFECTIVE APRIL 1, 2010 EXHIBIT "2" SCHEDULE OF CONNECTION FEES EFFECTIVE OCTOBER 1, 2011 EXHIBIT " Y' SCHEDULE OF CONNECTION FEES EFFECTIVE OCTOBER 1, 2012 W&S District Connection Fee Resolution 10-069 q _f EXHIBIT I SCHEDULE OF CONNECTION FEES EFFECTIVE APRIL 1, 2010 ST. LUCIE COUNTY WATER AND SEWER DISTRICT OTHER FEES AND CHARGES RATE SCHEDULE WATER AND WASTEWATER SERVICE AVAILABILITY — Available throughout the St. Lucie County Water and Sewer District for all areas served by the District including but not limited to North Hutchinson Island, North County, Indian River Estates, HEW, and the Airport Systems. APPLICABILITY — Applicable to all water and wastewater customers who require service from the plant and line capacity. CONNECTION FEES RATES: Residential and Commercial (At time of connection) Water Wastewater Line Charge (per ERC) $ 884.00 $ 745.00 Plant Charge (per ERC) $ 2,474.00 $ 2,424.00 Reclaim Lines (per ERC) $ 505.00 Reclaim Plant (per ERC) $ 75.00 Total: $ 3,358.00 $ 3,749.00 ERC for water equals 300 gpd ERC for wastewater equals 240 gpd Multi -Family Water Wastewater Line Charge (per unit) $ 656.00 $ 555.00 Plant Charge (per unit) $ 1,831.00 $ 1,792.00 Reclaim Lines (per unit) $ 372.00 Reclaim Plant (per unit) $ 57.00 Total: $ 2,487.00 $ 2,776.00 Meter Installation Fees Meter Size 5/8" $ 386.00 1 " $ 506.00 11/2" $ 884.00 2" $ 1,516.00 3" $ 3,535.00 4" Actual cost plus 15% Lateral Fees Short (same side of street) Actual Cost Long (opposite side of street) Actual Cost Note: Currently the amount a developer would pay for connecting to the Utility system includes an additional pass -through connection charge from Fort Pierce Utility Authority (FPUA) of $236.00 for new water service and $1,368.00 for new wastewater service for those properties to be serviced through the FPUA bulk agreement. This amount can change based on revised FPUA connection charges. CF Resolution 10-069 Exhibit 1 2010 Schedule of CF EXHIBIT 2 SCHEDULE OF CONNECTION FEES EFFECTIVE OCTOBER 1, 2011 ST. LUCIE COUNTY WATER AND SEWER DISTRICT OTHER FEES AND CHARGES RATE SCHEDULE WATER AND WASTEWATER SERVICE AVAILABILITY — Available throughout the St. Lucie County Water and Sewer District for all areas served by the District including but not limited to North Hutchinson Island, North County, Indian River Estates, HEW, and the Airport Systems. APPLICABILITY — Applicable to all water and wastewater customers who require service from the plant and line capacity. CONNECTION FEES RATES: Residential and Commercial (At time of connection) Water Wastewater Line Charge (per ERC) $ 937.00 $ 790.00 Plant Charge (per ERC) $ 2,622.00 $ 2,570.00 Reclaim Lines (per ERC) $ 535.00 Reclaim Plant (per ERC) $ 80.00 Total: $ 3,975.00 $ 3,559.00 ERC for water equals 300 gpd ERC for wastewater equals 240 gpd Multi -Family Water Wastewater Line Charge (per unit) $ 696.00 $ 589.00 Plant Charge (per unit) $ 1,940.00 $ 1,900.00 Reclaim Lines (per unit) $ 394.00 Reclaim Plant (per unit) $ 61.00 Total: $ 2,944.00 $ 2,636.00 Meter Installation Fees Meter Size 5/8" $ 409.00 V $ 536.00 11/2" $ 937.00 2" $ 1,607.00 3" $ 3,747.00 4" Actual cost plus 15% Lateral Fees Short (same side of street) Actual Cost Long (opposite side of street) Actual Cost Note: Currently the amount a developer would pay for connecting to the Utility system includes an additional pass -through connection charge from Fort Pierce Utility Authority (FPUA) of $236.00 for new water service and $1,368.00 for new wastewater service for those properties to be serviced through the FPUA bulk agreement. This amount can change based on revised FPUA connection charges. CF Resolution 10-069 Exhibit 2 2011 Schedule of CF EXHIBIT 3 SCHEDULE OF CONNECTION FEES EFFECTIVE OCTOBER 1, 2012 ST. LUCIE COUNTY WATER AND SEWER DISTRICT OTHER FEES AND CHARGES RATE SCHEDULE WATER AND WASTEWATER SERVICE AVAILABILITY - Available throughout the St. Lucie County Water and Sewer District for all areas served by the District including but not limited to North Hutchinson Island, North County, Indian River Estates, HEW, and the Airport Systems. APPLICABILITY - Applicable to all water and wastewater customers who require service from the plant and line capacity. RATES: Residential and Commercial (At time of connection) Water Wastewater Line Charge (per ERC) $ 993.00 $ 837.00 Plant Charge (per ERC) $ 2,780.00 $ 2,724.00 Reclaim Lines (per ERC) $ 567.00 Reclaim Plant (per ERC) $ 85.00 Total: $ 4,213.00 $ 3,773.00 ERC for water equals 300 gpd ERC for wastewater equals 240 gpd Multi -Family Water Wastewater Line Charge (per unit) $ 737.00 $ 624.00 Plant Charge (per unit) $ 2,057.00 $ 2,014.00 Reclaim Lines (per unit) $ 418.00 Reclaim Plant (per unit) $ 64.00 Total: $ 3,120.00 $ 2,794.00 Meter Installation Fees Meter Size 5/8" $ 434.00 1" $ 568.00 11/2" $ 993.00 2" $ 1,703.00 3" $ 3,972.00 4" Actual cost plus 15 Lateral Fees Short (same side of street) Actual Cost Long (opposite side of street) Actual Cost Note: Currently the amount a developer would pay for connecting to the Utility system includes an additional pass -through connection charge from Fort Pierce Utility Authority (FPUA) of $236.00 for new water service and $1,368.00 for new wastewater service for those properties to be serviced through the FPUA bulk agreement. This amount can change based on revised FPUA connection charges. CF Resolution 10-069 Exhibit 3 2012 Schedule of CF ITEM NO. VI -El DATE: 3/09/10 AGENDA REQUEST REGULAR ( ) =ter - 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 llllllA�4- SUBJECT: Amendment to Contract for Processing and Recycling Yard Trash, Landscape Debris and Land Clearing Debris BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-534000-3901 Other Contractual Services PREVIOUS ACTION: February 8, 2005 — BOCC approval of award of bid RECOMMENDATION: Board approval of the first amendment to Contract No. C05-02-096 with Thelin Recycling Company, L.P., extending the contract through and including March 31, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED OTHER Approved 5-0 County Attorney ( X ) Purchasing (X ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/ Sianatures OMB r Budget Analyst Dan McIntyre Im Melissa Simberlund Solid Waste (X) j Ta�onna Johnson (X) y Ron Roberts Office of Management & Budget/Purchasing e MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director PAA� DATE: March 9, 2010 SUBJECT: Amendment to Contract for Processing and Recycling Yard Trash, Landscape Debris and Land Clearing Debris ITEM NO. VI -El Background: In 2005, St. Lucie County entered into a contract with Thelin Recycling Company, L.P. for the processing and recycling of yard trash, landscape debris and land clearing debris as needed for the St. Lucie County Bailing and Recycling Facility. The original RFP and contract allowed for the initial term of five years with a three-year renewal option. Thelin has agreed to renew for a one- year extension in lieu of the three-year extension. This extension will extend the contract through and including March 31, 2011. With this renewal, an RFP will be done near the end of calendar year 2010 for a new contract to be in place prior to the expiration of the current contract. Attachment A is a background memorandum from Solid Waste. Attachment B is the tabulation sheet from the original bid, RFP No. 05-017. Attachment C is the proposed first amendment to contract C05-02-096. Recommendation: Board approval of the first amendment to Contract No. C05-02-096 with Thelin Recycling Company, L.P., extending the contract through and including March 31, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. SOLID WASTE DEPARTMENT MEMORANDUM 10-010 TO: Board of County Commissioners FROM: Ron Roberts, Assistant Solid Waste Director DATE: March 9, 2010 Subject: Thelin Yard Waste Contract On January 26, 2010, this item was brought before the Board for consideration. The Board requested that this item be pulled and more information be provided. The processing/recycling of vegetative debris at the Baling and Recycling Facility was bid in 2005. The successful bidder was Thelin Recycling with a low bid of $16.97 per ton. The contract has a provision that allows for an annual CPI adjustment on April 1. The 2008 rate was $18.79. The 2009 adjustment reduced the rate eight cents per ton; bringing us to the current price of $18.71 per ton. The contract specifies that any processing method must conform to state recycling guidelines that allow St. Lucie County to use the credits toward meeting the current 30% recycling goal. Thelin Recycling has met that criterion consistently for the past five years. Currently, the material is processed on a four -acre parcel at the Baling Facility. After initial processing, it is taken to a composting facility near Indiantown. In January 2005, 465 companies were notified, 23 documents were distributed, and five bids were received. Attached is the bid tabulation sheet for RFP 05-017. Thelin Recycling was the only company that met the requirements to conform in a sustainable manner, to the state recycling guidelines. The other four companies proposed to land apply the ground material. At this time, Indian River County is paying $19.50 per ton to Consolidated Resource Recovery from Sarasota, Florida, for grinding and transportation to Okeelanta's co -generation facility. Martin County is paying $16.00 per ton to Justin Inc., from Loxahachee, Florida, for grinding and transportation with the material being land applied. However, Martin County is responsible for loading all the material onto Justin Industries trucks as well as providing the water for misting of the grinding operation and the electricity for the operation. St. Lucie County does not need a misting operation due to the size of the Landfill property and the proximity of residential properties. Attachment "A" -� �7-. BOARD OF COUNTY I — - COMMISSIONERS p TABULATION SHEET - RFP #05-017 PROCESSING/RECYCLING SERVICES FOR YARD WASTE PW-SOLID WASTE OPENED: JANUARY 12, 2005 THE FOLLOWING VENDORS RESPONDED TO THE RFP: PURCHASING DEPARTMENT ED PARKER, DIRECTOR PER TON PER TON VENDOR NO PLASTIC BAGS WITH PLASTIC BAGS BELCORP, INC. $ 19.94 $ 21.22 JACKSONVILLE, FL FAX: 904-268-7722 CONSOLIDATED RESOURCE RECOVERY $ 23.45 $ 23.45 SARASOTA, FL FAX: 941-751-6942 EARTHWISE MULCH, INC. $ 17.57 $ 17.98 STUART, FL FAX: 772-220-0100 T.F.R. ENTERPRISES, INC. $ 20.50 $ 20.50 LEANDER, TX FAX: 512-528-1942 THELIN RECYCLING COMPANY, L.P. $ 16.97 $ 16.97 SOUTHLAKE,TX FAX: 817-421-0655 NUMBER OF COMPANIES NOTIFIED*: 465 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 23 Attachment "B" NUMBER OF BIDS RECEIVED: 5 `per demandstar.com JOSEPH E. SMITH, District No.1 ♦ DOUG COWARD, District No. 2 ♦ PAULA A. LEWIS, District No. 3 ♦ FRANNIE HUTHINSON, District No. 4 ♦ CHRIS CRAFT, District No. 5 County Administrator — Douglas M. Anderson 2300 Virginia Avenue — Fort Pierce, FL 34982-5652 — Phone (772) 462-1700 — TDD (772) 462-1428 website: www.co.st-lucie.fl.us r\ C05-02-096 FIRST AMENDMENT TO FEBRUARY 8, 2005 CONTRACT BETWEEN ST. LUCIE COUNTY AND THELIN RECYCLING COMPANY, L.P. THIS FIRST AMENDMENT, is made and entered into this day of 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and THELIN RECYCLING COMPANY, L.P., or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on February 8, 2005 the parties entered into a contract whereby the Contractor agreed to provide for processing and recycling services for yard trash, landscape debris and land clearing debris as needed for the St. Lucie County Baling and Recycling Facility; and WHEREAS, the parties desire to amend the Contract to exercise a one-year renewal period in lieu of the three-year renewal option. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1 . Paragraph 6. TERM shall be amended to read as follows: 6. TERM The term of this Contract shall begin on April 1, 2005 and shall end on March 31, 2011. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: DEPUTY CLERK WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY THELIN RECYCLING COMPANY, L.P. BY: Print Name: Attachment "C" Missv Stiadle From: Missy Stiadle Sent: Monday, March 08, 2010 5:06 PM To: chasgrande@bellsouth.net; Barbara Felton; Carol Bishop; Charlene Furtado; Charline Burgess; Chris Craft; Chris Dzadovsky; Customer Service; Daniel McIntyre; Doug Coward; Erick Gill; Eva O'Donnell; Faye W. Outlaw; Millie Feliciano; Michelle Hylton; Ja'net Pentz; Jerome Adams; Joe Cimino; Kara Wood; Kristin Tetsworth; Lee Ann Lowery; Liz Martin; Mark Satterlee; Michael Brillhart; Mike Claus; Missy Stiadle; Nelson A Azcuenaga; Paula Lewis; Robin Meyer; Shane DeWitt; Terri Ann Palumbo Cc: Lee Ann Lowery; Faye W. Outlaw; Ja'net Pentz; Missy Stiadle Subject: PULLED AGENDA - ITEM VI-E2 Importance: High Please pull Agenda Item VI-E2 at the request of the Management and Budget Director, Marie Gouin. Thank you E. MANAGEMENT AND BUDGET 2. Amendment to Contract for Garbage Collection and Recycling Services for St. Lucie County Facilities Consider staff recommendation to approve the first amendment to Contract No. CO8-05-231 with All Haul, extending the contract through June 30, 2011, and for a contract price increase due to Solid Waste's increased tipping fees, and authorization for the Chairman to sign documents as approved by the County Attorney. Missy Stiadle Executive Assistant to the County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 (772) 462-1156 (772) 462-2131 stiadlemC&stlucieco.org 1 ►2 TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Office of Management & Budget/Purchasing ITEM NO. VI-E2 DATE: 03/09/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) PRESENTED BY Marie M. Gouin Director Amendment to Contract for Garbage Collection and Recycling Services for St. Lucie County Facilities See attached memorandum. FUNDS AVAILABLE: Various department accounts PREVIOUS ACTION: May 13, 2008 — BOCC approved award of contract RECOMMENDATION: Board approval of the first amendment to Contract No. C08-05-231 with All Haul, extending the contract through June 30, 2011, increasing the contract price due to Solid Waste's increased tipping fees, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( 1 APPROVED ( ) DENIED (xj OTHER Pulled prior to meeting. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney ( X) Budget Analyst ( ) Dan McIntyre Purchasing (X)A�l Solid Waste ( X ) Melissa Simberlund Ron Roberts Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director �4 DATE: March 9, 2010 SUBJECT: Amendment to Contract for Garbage Collection and Recycling Services for St. Lucie County Facilities ITEM NO. VI-E2 Background: In 2008, St. Lucie County entered into a contract with All Haul, the lowest responsive, responsible bidder, located in Ft. Pierce, to provide exclusive solid waste collection and disposal services and recycling services for St. Lucie County facilities. The initial term of the contract was for a period of two years but also allowed for two additional one-year renewal options. The initial term will expire on June 30, 2010. Exercising the first renew will extend the contract through June 30, 2011. The St. Lucie County Solid Waste Baling and Recycling Facility raised their tipping fees as of October 1, 2009 from $32/ton to $41/ton for municipal solid waste (MSW), an increase of 28.1% and from $19/ton to $29/ton for construction and demolition (C&D), an increase of 52.6%. Paragraph 5, Service, Location, and Rates, of the contract states the following: "...Prices will remain firm for the term of the contract. In addition, if the tipping fee at the St. Lucie County Solid Waste Baling and Recycling Facility is increased during the contract term, the Contractor shall be allowed to make a proportionate adjustment at each renewal period..." Attachment A is a copy of Contract No. C08-05-231 between St. Lucie County and All Haul dated March 13, 2008. The contractor is requesting a proportionate adjustment to his fees. The MSW will go from $2.75 per yard to $3.52 per yard. The C&D 20 yard roll off container will go from $100.00 per load to $152.63 per load. The cardboard 8-yard container will go from $35.00 per month to $44.84 per month. Attachment B is a copy of the contractor's request for the renewal and the new renewal rates. The increase in fees would not become effective until July 1, 2010, the actual renewal date. Attachment C is the first amendment to Contract No. C08-05-231. Recommendation: Board approval of the first amendment to Contract No. C08-05-231 with All Haul, extending the contract through June 30, 2011, increasing the contract price due to Solid Waste's increased tipping fees, and authorization for the Chairman to sign documents as approved by the County Attorney. f r & - o<7,-- -,2 3 CONTRACT THIS CONTRACT, made this day of 2008, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and ALL HAUL, or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WITNESSETH: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the Work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is exclusive solid waste collection and disposal services and recycling services for St. Lucie County facilities (the "Service") as further described in St. Lucie County Bid # 08-026. The County intends to perform periodic waste audits and, therefore, the county reserves the right to increase or decrease the number and sizes of the containers, and the frequency of collection as determined by the County to be in its best interest. The term "solid waste" as used herein is as defined in Chapter 403, Florida Statutes. 3. PROJECT MANAGER The Project Manager for the County is Melissa Simberlund at (772) 462-1799. The Project Manager for the Contractor is George Pantuso at (772) 461-0101. The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. Except as otherwise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. The Project Manager, however, has no authority to approve or execute Change Order Work. 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of pages 01 through 10 inclusive. Page 1 of 10 Attachment "A" B. Exhibit "A", consisting of 02 pages C. Exhibit "B", consisting of 02 pages D. Contractor's Bid, consisting of 11 pages. E. Bid Documents, consisting of: Call for Bids and Instructions to bidders, page 01 to 06, inclusive Scope of Services, page 22, inclusive. F. Addenda No. 01 G. Insurance Certificates which shall be provided by the Contractor, along with the return of an executed copy of this Contract. H. Any Modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 5. SERVICE, LOCATIONS, AND RATES The Service locations, frequency of Service, weekly or monthly charges, are set forth on the Waste Collection Service Locations and Rates (Exhibit "A") and on the Recycling Service Locations and Rates (Exhibit "B") both attached hereto and made a part hereof as Exhibits "A" and "B". The Contractor shall provide separate recycling containers for (a) office paper, (b) commingled, and (c) cardboard. The County reserves the right to add service locations upon prior written notice provided by the County's Project Manager. Prices will remain firm for the term of the Contract. In addition, if the tipping fees at the St. Lucie County Solid Waste Baling and Recycling Facility is increased during the Contract term, the Contractor shall be allowed to make a proportionate adjustment at each renewal period. The County also reserves the right to request replacements containers due to weather deterioration or normal wear and tear, as needed, at no additional expense. 6. TERM Unless terminated as provided for herein, the term of this Contract shall be for a period of two (2) year and begin on July 1, 2008 and continue through June 30, 2010. Upon mutual agreement, the parties may extend the terms of the Contract for two (2) additional one-year terms upon the same terms and conditions. 7. CONTRACT PAYMENT The County shall pay the Contractor in monthly payments for the performance of this Contract at the rates set forth in Exhibit "A" and "B" based on invoices provided to and approved by the County. The Contractor shall invoice each service location and all additional services individually. The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified and approved invoice from the County Project Manager or his designee. The parties agree, however, that any payments withheld for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. Page 2of10 8. SUBCONTRACTORS In the event Contractor requires the services of any subcontractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such subcontractor or professional associate. 9. 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. 10. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 11. 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. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, or because of the nature of the ground beneath, in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, has conducted a sufficient investigation of the surface and sub -surface conditions in order to submit its bid, has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the Work until final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Page 3 of 10 Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 12. INDEMNITY Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Agreement for a period of ten (10) years after the date of the acceptance of the Work by the County. Page 4 of 10 13. INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) for limits of not less than $1,000,000 per occurrence; and 2) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal and include County as an additional insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal and include County as an additional insured. Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers ' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal. 14. DEFAULT: TERMINATION A. FOR CAUSE If the Contractor fails to fulfill its obligations under this Contract in a timely and proper manner, the County shall have the right, but not the obligation, to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the Contractor fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the project schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. Page 5 of 10 (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the County in completing the Project and for reimbursement of damages incurred. The County may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the Work. If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination, and does expressly waive, in the event of termination, any and all claims for consequential damages, loss of bonding capacity, destruction of business, unabsorbed home office overhead, lost profit and the like. B. WITHOUT CAUSE Either party may terminate this Contract without cause at any time upon ninety (90) calendar days prior written ' notice to the other party. In the event of termination, the County shall compensate the Contractor for all authorized work satisfactorily and responsibly completed through the termination date. Upon such termination, the Contractor waives any claims for damages from the termination without cause, including without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. 15. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where Page 6 of 10 based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 16. VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The Count shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 17. PRODUCTS OR MATERIALS WITH RECYCLED CONTENT Contractor is required to procure products or materials with recycled content with respect to Work performed or products supplied under the contract when those products or materials are available at reasonable prices. A decision to not procure such items must be based on a determination that such procurement: a) Is not available within a reasonable period of time; or b) Fails to meet the performance standards set forth in the applicable specifications or fails to meet the reasonable performance standards of the agency. Contractor shall provide the County with a written statement indicating what recycled products were used or supplied. If a decision was made not to use recycled products, Contractor shall provide County with a written statement indicating the basis for the decision using the above criteria. 18. FLORIDA PRODUCED LUMBER Where applicable Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (2007) and as may be amended from time to time. 19. ASBESTOS -FREE MATERIALS Contractor shall not use any asbestos or asbestos -based fiber materials in the Work performed under this Contract. 20. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. In addition, the Contractor shall not have the right to assign any or all of its rights and interests under this agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially all of its assets shall be deemed to occur when the owner(s) of more than 50% of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without Page 7 of 10 County's prior written consent shall be deemed a default subject to the remedies provided herein. 21. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor: All Haul P.O. Box 14049 Ft. Pierce, Florida 34979 Phone: (772) 461-0101 With A Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 22. 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. 23. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2007) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not Page 8 of 10 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. 24. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 25. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 26. 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 exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in count each of which shall be treated as an original upon the terms and conditions abov T BOARD OF COUNTY COMMISSIONERS ST. LUCIE COU 1 DA n BY: - C P CHAIRMAN 0 x Page 9 of 10 WITNESSES: APPROVED AS TO FORM AND CORRECTNESS: A` 5� COUNTY ATTORNEY ALL BY: Prin Page 10 of 10 S� Melissa Simberlund From: Ed Barenborg [Ed@pantusoinc.com] Sent: Thursday, February 25, 2010 9:51 AM To: Melissa Simberlund Subject: Solid Waste/Recycling Renewal Melissa, We would very much like to exercise the renewal of the Solid Waste contract. I calculate the renewal rates as follows: All Haul Renewal Rate Schedule Tipping Fee Old Rate New Rate MSW 32.00 41.00 C&D 19.00 29.00 Service Old Rate New Rate Solid Waste/Square Yard 2.75 3.52 Office Paper 90 Gallon 1 x/week 10.00 10.00 Cardboard 8 Yard 1x/week 35.00 44.84 20 Yard C&D Roll Off Dumpster 100.00 152.63 Ed Barenborg Circle H Citrus, Inc. PO Box 14049 Ft Pierce, FL 34979 772-461-8868 FAX:772-461-9477 Mobile:772-559-8751 %Chg. 28.1 % 52.6% %Chg. 28.0% 0.0% 28.1 % 52.6% 1 Attachment "B" C08-05-231 FIRST AMENDMENT TO MARCH 13, 2008 CONTRACT BETWEEN ST. LUCIE COUNTY AND ALL HAUL THIS FIRST AMENDMENT made this day of , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and ALL HAUL, or his, its or their successors, executors, administrators and assigns, ("Contractor") WHEREAS, on March 13, 2008, the parties entered into a Contract for the Contractor to provide exclusive solid waste collection and disposal services and recycling services for St. Lucie County facilities; and WHEREAS, the parties desire to amend the Contract to exercise the first one-year renewal option and allow for a increase in fees. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM of the Contract is hereby amended to read as follows: 6. TERM Unless terminated as provided for herein, the term of this Contract shall be for a period of three (3) years and begin on July 1, 2008 and continue through June 30, 2011. Upon mutual agreement, the parties may extend the terms of the Contract for one (1) additional one-year term upon the same terms and conditions. 2. Paragraph 7. CONTRACT PAYMENT of the Contract is hereby amended to read as follows: 7. CONTRACT PAYMENT The County shall pay the Contractor in monthly payments for the performance of this Contract at the rates set forth in the revised Exhibit "A" and "B", attached hereto and based on invoices provided to and approved by the County. The Contractor shall invoice each service location and all additional services individually. The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the 1 Attachment "C" C08-05-231 Florida Statutes, Chapter 218.70, upon receipt of the certified and approved invoice from the County Project Manager or his designee. The parties agree, however, that any payments withheld for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 3. All other terms and conditions of the original Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: WITNESSES ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ALL HAUL By: Print Name: Title: 2 M d (D LL R U) O rL N_ 0 13 0) (4 O O_ O L- a. t� Lo M O N O N I N O C d \ O \ LO , tf) , LO �. 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O O X N � o Q n c n m o d c U C U E J U O U) O a co c @ o c - m a � -o Y � � c m a •a, � � a� O fA 0] O O C9 O U N W LL 3 r m u3 C 3 N U) "= Q > C4 Up @ O O N J 0 J Cn � U-) _ 5 1 (n U) 0 N N N N N N N N OM co co M M Lo co co Eft N co c N J cm ca a d 6R I REVISED EXHIBIT "B" RECYCLING SERVICE LOCATIONS AND RATES SERVICE LOCATIONS MONTHLY TOTAL MONTHLY CHARGE NUMBER OF FREQUENCY CHARGE PER RECYCLING RECYCLING CONTAINERS PER CONTAINER CONTAINERS OF PICK UP LOCATION Emergency Management Office Paper (90 gallon) $ 10.00 2 1 x Week $ 20.00 1 15305 W. Midway Road Ft. Pierce, Florida Tradition Field - Maintenance Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 2 527 NW Peacock Loop Port St. Lucie, Florida Tradition Field - Clubhouse Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 3 527 NW Peacock Loop Port St. Lucie, Florida Agriculture Complex Office Paper (90 gallon) $ 10.00 2 1 x Week $ 20.00 4 8400 Picos Road Ft. Pierce, Florida Mosquito Control Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 5 3150 Will Fee Road Ft. Pierce, Florida Fairwinds Golf Course Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 6 4400 Fairwinds Drive Ft. Pierce, Florida Walton Road Annex Office Paper (90 gallon) $ 10.00 3 1 x Week $ 30.00 7 1664 Walton Road Port St. Lucie, Florida Service Garage Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 8 3150 Will Fee Road Ft. Pierce, Florida Central Services - Maintenance Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 9 3071 Oleander Avenue Ft. Pierce, Florida South County Annex Office Paper (90 gallon) $ 10.00 3 1 x Week $ 30.00 10 250 NW Country Club Drive Port St. Lucie, Florida Morningside Branch Library Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 11 2410 SE Morningside Blvd. Port St. Lucie, Florida Roger Poitras Annex Office Paper (90 gallon) $ 10.00 18 1 x Week $ 180.00 12 2300 Virginia Avenue Ft. Pierce, Florida Public Defender Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 13 216 S. 2nd Street Ft. Pierce, Florida State Attorney's Office Office Paper (90 gallon) $ 10.00 8 1 x Week $ 80.00 14 411 S. 2nd Street Ft. Pierce, Florida Main Library Office Paper (90 gallon) $ 10.00 2 1 x Week $ 20.00 15 101 Melody Lane Ft. Pierce, Florida 7th Street Complex Office Paper (90 gallon) $ 10.00 2 1 x Week $ 20.00 16 437 N. 7th Street Ft. Pierce, Florida Health Department Office Paper (90 gallon) $ 10.00 2 1 x Week $ 20.00 17 714 Avenue C Ft. Pierce, Florida Page 1 of 2 REVISED EXHIBIT "B" RECYCLING SERVICE LOCATIONS AND RATES MONTHLY TOTAL MONTHLY SERVICE LOCATIONS CHARGE NUMBER OF FREQUENCY CHARGE PER RECYCLING RECYCLING CONTAINERS PER CONTAINER CONTAINERS OF PICK UP LOCATION Sheriff's Administration Bldg. Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 18 4700 W. Midway Road Ft. Pierce, Florida Hurston Branch Library Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 19 3008 Avenue D Ft. Pierce, Florida Road and Bridge Department Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 20 3071 Oleander Avenue Ft. Pierce, Florida SLC Health Department Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 21 5150 NW Milner Drive Port St. Lucie, Florida Media Relations Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 22 2300 Virginia Avenue Ft. Pierce, Florida Lakewood Park Library Office Paper (90 gallon) $ 10.00 1 1 x Week $ 10.00 23 7605 Santa Barbara Drive Ft. Pierce, Florida Clerk of Court Office Paper (90 gallon) $ 10.00 5 1 x Week $ 50.00 24 201 S. Indian River Drive Ft. Pierce, Florida Paradise Park Pool Commingled (Plastics/cans $ 10.00 1 1 x Week $ 10.00 25 2120 Juanita Avenue 90 gallon) Ft. Pierce, Florida May 1 - September 30 Only Lakewood Park Pool Commingled (Plastics/cans $ 10.00 1 1 x Week $ 10.00 26 5990 Emerson Avenue 90 gallon) Ft. Pierce, Florida May 1 - September 30 Only Open Space Pool Commingled (Plastics/cans $ 10.00 1 1 x Week $ 10.00 27 Avenue M & 13th Street 90 gallon) Ft. Pierce, Florida May 1 - September 30 Only Ravenswood Pool Commingled (90 gallon) $ 10.00 1 1 x Week $ 10.00 28 200 Ravenswood Lane Office Paper (90 gallon) $ 10.00 1 1x Week $ 10.00 Port St. Lucie, Florida Courthouse Commingled (Plastics/cans $ 10.00 4 1 x Week $ 40.00 29 218 S. Indian River Drive 90 gallon) Ft. Pierce, Florida Total Monthly $ 700.00 Amount `County reserves the right to increase or decrease the number and size of containers and locations, adjust container size, collection, frequency and number of containers at each location as needed. Periodic extra lifts (for special events, etc.) shall be at the same per cubic yard fee as above. These additional fees shall be noted separately on the monthly bill. Old: 90-Gallon Recycling Containers New: 90-Gallon Recycling Containers Old: 8-Yard Cardboard Recycling New: 8-Yard Cardboard Recycling $ 10.00 Per Month Weekly Service $ 10.00 Per Month Weekly Service 35.00 Per Month Weekly Service 44.84 Per Month Weekly Service Page 2 of 2 *3 ITEM NO. VI-E3 DATE: 03/09/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY' Marie M. Gouin Mlp� SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to Contract for Generator Preventive Maintenance, Service, Inspections and Load Bank Testing BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102001-3725-546000-425056 Equipment Maintenance PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the eleventh amendment to Contract No. C05-08-485 with Genset Services, Inc., adding the Platt's Creek Stormwater building generator, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER County Attorney ( X ) Approved 5-0 Dan McIntyre Coordination/Signatures Purchasing (X ) ice` ; , Melissa Simberlund CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Budget Analyst ( X) TaWon Johnson Public Works ( X) ` on West Office of Management _ - & Budget/Purchasing e MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: March 9, 2010 SUBJECT: Amendment to Contract for Generator Preventive Maintenance, Service, Inspections and Load Bank Testing ITEM NO. VI-E3 Background: In 2005, St. Lucie County entered into a contract with Genset Services, Inc., the lowest responsive, responsible bidder, located in Pompano Beach, to provide generator preventive maintenance, service, inspections and load bank testing. The Platt's Creek Stormwater building requires generator testing and preventive maintenance to ensure that the system is running when needed. The eleventh amendment to Contract No. C05-08-485, adding Platt's Creek Stormwater building, is attached. Previous Action: August 23, 2005 — BOCC approval of award of contract May 9, 2006 — First amendment adding the Rock Road jail facility January 8, 2008 — Second amendment adding the Road & Bridge Division building April 15, 2008 — Third amendment adding the St. Lucie County Logistic Center June 17, 2008 — Fourth amendment adding the St. Lucie County Fairgrounds August 22, 2008 — Fifth amendment extending the contract through October 1, 2009 November 25, 2008 — Sixth amendment adding South County Annex and correcting model numbers February 3, 2009 — Seventh amendment adding the downtown chiller plant March 17, 2009 — Eighth amendment adding the new Clerk of Courts building August 18, 2009 — Ninth amendment extending contract through October 1, 2010 and adding the Agriculture building February 9, 2010 — Tenth amendment adding the St. Lucie County Courthouse, the Health Department, the Hurricane House and the old EOC building Recommendation: Board approval of the eleventh amendment to Contract No. C05-08-485 with Genset Services, Inc., adding the Platt's Creek Stormwater building generator, and authorization for the Chairman to sign documents as approved by the County Attorney. A C05-08-485 ELEVENTH AMENDMENT TO AUGUST 23, 2005 AGREEMENT BETWEEN ST. LUCIE COUNTY AND GENSET SERVICES, INC. THIS ELEVENTH AMENDMENT made and entered into this day of 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called (the "County"), and GENSET SERVICES, INC., (the "Contractor"). WITNESSETH: WHEREAS, on August 23, 2005, the parties entered into a contract for generator preventative maintenance, service, inspections, and load bank testing; and, WHEREAS, on May 9, 2006, the parties executed the first amendment to the Contract adding the generator located at the Rock Road Jail Facility; and, WHEREAS, on January 8, 2008, the parties executed the second amendment to the Contract adding the generator located at Road and Bridge; and, WHEREAS, on April 15, 2008, the parties executed the third amendment to the Contract adding the St. Lucie County Logistics Center; and, WHEREAS, on June 17, 2008, the parties executed the fourth amendment to the Contract adding the St. Lucie County Fairgrounds; and, WHEREAS, on August 22, 2008 the parties executed the fifth amendment to the contract exercising the first one-year renewal option extending the contract through October 1, 2009; and, WHEREAS, on November 25, 2008 the parties executed the sixth amendment to the contract amending the locations of County generators; and, WHEREAS, on February 3, 2009 the parties executed the seventh amendment to the contract adding the (3) generators at the Downtown Chiller Plant; and, WHEREAS, on March 17, 2009, the parties executed the eighth amendment to the contract adding the generator at the new Clerk of Courts building; and, Page 1 C05-08-485 WHERAS, on August 18, 2009, the parties executed the ninth amendment to the contract adding the Agriculture Building and extending the contract through September 30, 2010; and, WHEREAS, on February 9, 2010, the parties executed the tenth amendment to the contract adding the generators at the St. Lucie County Courthouse, the Health Department, the Hurricane House, the old EOC, and the Airport; and, WHEREAS, the parties desire to further amend the contract to add the Platt's Creel Stormwater building. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The Bid Form for Bid #05-076 Generator Preventative Maintenance, Service, Inspections, and Load Bank Testing (Continuing Contract) Central Services Department attached to the Contract is hereby amended and attached hereto and made a part hereof as Amended Bid Form 10th Amendment for Bid #05-076 Generator Preventative Maintenance, Service, Inspections, and Load Bank Testing (Continuing Contract) Central Services Department. 2. Except as amended herein, all other terms and conditions of the August 23, 2005 Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its or their names, or name on the date first written above. ATTEST: DEPUTY CLERK WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY GENSET SERVICES, INC. BY: Print Name: Page 2 Amended Bid Form - 11th Amendment Bid #05-076 Generator Preventive Maintenance, (Continuing Central Equipment Service, Inspections, and Load Bank Testing Contract) Services Department Listing and Fees Minor Inspection Fee Major Inspection Fee Optional 2-Hour Load Bank Test Unit Location Unit Make 8 KW Roger Poitras Building Cummins 500 KW $ 342.50 $ 342.50 $ 600.00 $ 257.50 $ 257.50 $ 400.00 Administration/Civic Center Magnetek 125 KW $ 150.00 $ 400.00 South County Annex Onan 65KW $ 342.50 E$EE34E2.50 $ 600.00 Sheriffs Admin. Complex Kohler 750 KW Caterpillar 750 KW $ 342.50 $ 342.50 $ 600.00 Rock Road Detention Center Onan 40KW $ 150.00 $ 150.00 $ 400.00 Central Services/Service Garage Generac 150KW $ 200.00 $ 200.00 $ 400.00 Central Services/Admin Building Caterpillar 250 KW $ 342.50 $ 342.50 $ 600.00 Rock Road Jail New Pods Kohler 180KW $ 257.50 $ 257.50 $ 400.00 Road &Bridge Model96A01325-S 2-125KW $ 257.50 $ 257.50 $ 400.00 Logistic Center Model96A01325-S 2-125KW $ 257.50 $ 257.50 $ 400.00 Logistic Center Generac Model SD0100 $ 200.00 $ 200.00 $ 400.00 St. Lucie County Fairgrounds Generac Model SD0080 $ 200.00 $ 200.00 $ 400.00 St. Lucie County Fairgrounds Generac Model SD0080 $ 200.00 $ 200.00 $ 400.00 St. Lucie County Fairgrounds Onan Model GGHG $ 200.00 $ 200.00 $ 400.00 St. Lucie County Fairgrounds MQ Power Model DCA-45SSIU3 $ 200.00 $ 200.00 $ 400.00 St. Lucie County Fairgrounds MQ Power Model DCA-45SSIU3 $ 200.00 $ 200.00 $ 400.00 St. Lucie County Fairgrounds Cummins 350 KW SN37232884 $ 342.50 $ 342.50 $ 600.00 Downtown Chiller Plant Cummins 350 KW SN25326282 $ 342.50 $ 342.50 $ 600.00 Downtown Chiller Plant Page 1 Amended Bid Form - 11th Amendment Bid #05-076 Generator Preventive Maintenance, Service, Inspections, and Load Bank Testing (Continuing Contract) Central Services Department Equipment Listing and Fees Downtown Chiller Plant Cummins 500 KW SN25825974 $ 342.50 $ 342.50 $ 600.00 Clerk of Courts Building Generac 375 KW $ 342.50 $ 342.50 $ 600.00 Agriculture Building Taylor Power SN20663 $ 257.50 $ 257.50 $ 400.00 St. Lucie County Courthouse 185 kW $ 257.50 $ 257.50 $ 400.00 St. Lucie County Health Department 400 kW $ 342.50 $ 342.50 $ 600.00 Hurricane House Taylor 30kW $ 150.00 $ 150.00 $ 400.00 IT #1 @ Rock Road Onan 230 kW $ 342.50 $ 342.50 $ 600.00 IT #2 @ Rock Road Spectrum 200 kW $ 342.50 $ 342.50 $ 600.00 Airport Magnetek SDx1000 $ 257.50 $ 257.50 $ 600.00 Platt's Creek Stormwater Kohler Building 125OREOZDD $ 342.50 $ 342.50 $ 600.00 Totals $ 7,762.50 $ 7,762.50 $ 14,200.00 1. Monday -Friday, (8 a.m. to 5 p.m.) 2. Overtime and Holidays (after 5 p.m.) 3. Travel Fees Hourly Rate 70.00 Hourly Rate $ 105.00 Per Mile No Mileage Page 2 AGENDA REQUEST ITEM NO. VI-E4 DATE: 03/09/10 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin m SUBMITTED BY: Office of Management & Budget/Purchasing Director ��l SUBJECT: Bank of America Purchasing Card Agreement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: August 25, 1998 - Board approval to establish Purchasing Card Program RECOMMENDATION: Board approval for the Chairman to sign City of Port Saint Lucie procurement card program linking agreement with Bank of America. COMMISSION ACTION: } APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney (X) v Budget Analyst ( ) Dan McIntyre Purchasing (X ) \-V, Other ( ) Desiree Cimino Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director tno-k DATE: March 9, 2010 SUBJECT: Bank of America Purchasing Card Agreement ITEM NO. VI-E4 Background: On August 25, 1998, the Board of County Commissioners approved the implementation of the purchasing card program. The Florida State contract offered the purchasing card program with Bank of America. There was no associated cost with the program and the use of the purchasing cards provided a revenue stream to the County based on the total spending of St. Lucie County. The City of Port Saint Lucie has negotiated an agreement with Bank of America. Their agreement allows the rebate percentage to be calculated on the sum of the total spending of all agencies that elect to sign a linking agreement (Attachment A). This increases the rebate amount received by all agencies who have signed the linking agreement. Last year under our current agreement with Bank of America, the County had a total of $3,482,439.00 in purchasing card transactions and received a rebate of $13,929.72. In comparison, if the County was to sign the linking agreement with Bank of America and our total amount spent was $3,000,000.00, our rebate amount would be $37,200.00. Each agency will be paid their rebate directly from Bank of America. The City of Port Saint Lucie will not keep any portion of the rebate. To date, eight governmental agencies have signed the linking agreement with Bank of America. The City of Port Saint Lucie and Bank of America have recently opened this opportunity to include non-profit organizations. Recommendation: Board approval for the Chairman to sign City of Port Saint Lucie procurement card program linking agreement with Bank of America. Attachment A (page 1 of 2) CITY OF PORT ST. LUCIE PROCUREMENT CARD PROGRAM LINKING AUTHORIZATION CONTRACT 420070062 City of Port St. Lucie has agreed that local government entities (each a "Local Public Body") may utilize the procurement card program of the City of Port St. Lucie ("Procurement Card Program") as the basis for establishing a procurement card program with FIA Card Services, N.A., a Bank of America company. This Linking Authorization is entered into by [Insert local government entity name] ("Company") and FIA Card Services, N.A., a Bank of America company, ("Bank of America") as of (the "Effective Date"). By signing this Linking Authorization, the government entity requests and Bank of America agrees to provide to the entity the corporate purchasing card services as set forth in the Bank of America Corporate Purchasing Card Agreement between City of Port St. Lucie and Bank of America dated as of March 26, 2007, the Addendum to Bank of America Corporate Purchasing Card Agreement dated as of March 26, 2007 and the Amendment dated as of February 25, 2008, (collectively, the "Card Agreement"). Capitalized terms used in this Linking Authorization, not otherwise defined, have the meanings given to them in the Card Agreement. The government entity acknowledges and agrees that it has received and reviewed a copy of the Card Agreement and agrees to adhere to the terms and conditions of the Card Agreement, as amended from time to time. The government entity represents and warrants to Bank of America that: 1. it is a Local Public Body; 2. its contracting for purchasing card services with Bank of America, and its performance of its obligations under this Linking Authorization and the Card Agreement will not violate any law, regulation, judgment, decree or order applicable to the entity; and 3. it desires to utilize the Procurement Card Program of the City of Port St. Lucie as the basis for establishing a procurement card program. Bank of America represents and warrant agrees that with respect to each government entity and the City of Port St. Lucie: 1. that the combined total spend of all entities that enter into this agreement will be used to establish the rebate multiplier 2. that the rebate amount will be determined by the individual entity spend multiplied by the groups rebate multiplier 3. that each entity will be paid their rebate at the end of each calendar year 4. rebate check shall be issued no later than March 30`i' of each calendar year The government entity acknowledges and agrees that, notwithstanding anything to the contrary in the Card Agreement, Bank of America may disclose to the City of Port St. Lucie and to each other Local Public Body that utilizes the Procurement Card Program of the City of Port St. Lucie as the basis for establishing a 819742.01 Attachment A (page 2 of 2) procurement card program with Bank of America: (i) entity's name and the fact that entity has entered into this Linking Authorization; and (ii) aggregate information about entity's Transactions and spend volume. This Linking Agreement is solely for the purpose of determining a multiplier for rebates to the participating governmental entities and in no way creates a liability for any governmental entity for the expenditures of other participating governmental entities. This Linking Authorization and the Card Agreement constitute and represent the entire agreement between the government entity and Bank of America regarding the corporate card services Bank of America provides to Company anywhere in the world and supersedes and extinguishes all prior agreements, understandings, representations, warranties and arrangements of any nature (including requests for proposals and other sales material), whether oral or written, between the entity and Bank of America relating to such corporate card services. IN WITNESS WHEREOF, the parties hereby execute this Linking Authorization as of the Effective Date. GOVERNMENT ENTTTY Signature: Name: Title: 819742.01 FIA CARD SERVICES, N.A. Signature: Name: Title: Originating Dept. ITEM NO. VI-F DATE: 03/09/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark A. DiMascio SUBMITTED BY: Parks & Recreation Department Project Manager SUBJECT: Museum Pointe Park Playground BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-7210- 564000700 PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to purchase Landscape StructuresTA° playground equipment totaling $74,541.53 for Museum Pointe Park utilizing the U.S. CommunitiesTM Government Purchasing Alliance National Contract #040376, as outlined in the agenda memorandum, permission to demolish and remove the existing playground from the fixed asset list, and authorization for the Chairman to sign documents, as approved by the County Attorney. COMMISSION ACTION: b,4 APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( x ) Daniel S. McIntyre (x) --JA� Debra Brisson CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst (x) I 9VA Marie Gouin (Name) Parks and Recreation MEMORANDUM TO: Board of County Commissioners THROUGH: Debra Brisson, Director kP FROM: Mark A. DiMascio, Project Manag( DATE: March 9, 2010 SUBJECT: Museum Pointe Park Playground ITEM NO. VI-F Background: Three years ago, the Parks Division began a playground replacement program budgeting $75,000 annually to replace one failing playground. In the FY 2010 budget, the Board again approved $75,000 to replace one playground. Staff has been working with several playground manufacturers and is requesting Board approval to purchase Landscape StructuresTm equipment to replace the playground at Museum Pointe Park for the following reasons: 1) On August 13, 2009, Employers Mutual Incorporated (EMI), St. Lucie County's Insurance Brokers, inspected the playground equipment and deemed the equipment unsafe due to excessive rust and decay. (The Inspection Report is attached.) 2) As a result of the report, staff boarded up the playground for safety reasons. 3) The playground is located between St. Lucie County Regional History Museum and Marine Center and is heavily utilized by schools and groups for field trips. 4) A poured -in -place rubber safety surface will be installed under the playground which meets all current playground safety standards, ADA Accessibility guidelines and also requires less maintenance than mulch or sand. The U.S. CommunitiesTm Government Purchasing Alliance is a nonprofit government purchasing cooperative that assists local and state government agencies, school districts (K-12), higher education, and nonprofit organizations in reducing the cost of purchased goods through pooling the purchasing power of public agencies nationwide. This is accomplished through competitively solicited contracts for quality products through lead public agencies. Today more than 39,200 public agencies utilize U.S. Communities TM contracts and suppliers to procure more than 1 billion dollars in products and services annually. Each month more than 400 new public agencies register to participate. The continuing rapid growth of public agency participation is fueled by the program's proven track record of providing public agencies unparallel value. Both the County Attorney and the OMB Director have approved the purchase of the equipment utilizing the U.S. CommunitiesTM Government Purchasing Alliance. Page 2 March 9, 2010 VI-F1 The list price for the Landscape StructuresTM playground package including freight and installation is $76,541.53. Staff is requesting approval to purchase the playground package utilizing the U.S. CommunitiesTm Government Purchasing Alliance National Contract. The U.S. CommunitiesTM contract provides a $ 2,246.46 discount. A rendering of the playground is attached. Recommendation: Board authorization to purchase Landscape StructuresTM playground equipment totaling $74,541.53 for Museum Pointe Park utilizing the U.S. CommunitiesTm Government Purchasing Alliance National Contract #040376, as outlined in this agenda memorandum, permission to demolish and remove the existing playground from the fixed asset list, and authorization for the Chairman to sign documents, as approved by the County Attorney. pnpm7m Employers Mutual, Inc. To: Daniel Lutzke, Interim Risk Manager, SLCBOCC From: Tyrone Monte, EMI Loss Control Specialist RE: Playground Inspections: Martin Luther King/Dreamland Park (#31) Museum Pointe Park (#28) Date: August 13, 2009 The following findings and accompanying photos were taken this date during my safety inspections for the above named County parks and playgrounds. In addition to the playground items noted in the findings, I have included collateral items of safety concern. FINDINGS General Note: none of the playgrounds inspected have any signage or decals addressing the following: 1) The intended age of playground users, whether ages 2-5 or 5-12; 2) The need for adult supervision; 3) The standard Warning Label regarding the need to install playground equipment only on resilient surfacing. Suggestion: as these are recommendations from the ASTMF1487-07 and the CPSC Handbook for Public Playground Safety #325 and not regulations, it is suggested that Parks & Recreation contact the appropriate playground equipment vendor for the FREE decals to affix on the equipment. Martin Luther King Park This park has the following playground equipment: Play structure suitable for children aged 5-12 Play structure suitable for children aged 2-5 A swing set with three belt swings suitable for those aged 5-12 1. School Age play structure (ages 5-12). The fall zone is Fibar (manufactured wood mulch) and is in satisfactory condition. SLCBOCC Parks and Playgrounds Inspection August 13, 2009 2. Broken vinyl skin on steps has exposed rusted and flaking metal. An appropriate rust inhibitor is effective in preventing further deterioration. Suggest that the condition be monitored to ensure that the damaged vinyl does not pose a trip and fall hazard. Some of the rusted metal appears to be flaking in layers; rust treatment may be needed. 3. Graffiti. Though this may not be immediately thought of as a safety issue, law enforcement have previously noted that graffiti often leads to worse vandalism including gross destruction of play equipment by arson. Suggest removing graffiti and especially any gang tags. 4. School Age (ages 5-12) Belt swings. Rusted clevises and suspension "S" hooks. Some oxidation on chains. Suggest replacement of rusted clevises and overhead "S" hooks. Chains may be noted for scheduled replacement when feasible. Monitoring advised. 5. Belt seats. Two (2) rubber seats are cracked on their edges. Suggest scheduled replacement when feasible. Monitoring advised. 6. Fall zone. The surfacing material (Fibar) is kicked out under the swings. Suggest raking and leveling. 7. Pre -School Age play structure (ages 2-5). Fibar fall zone is compacted in places. Bubble dome is covered with graffiti and the play wheel has a finger entrapment. Suggest raking and leveling the fall zone. Also, remove graffiti if possible and tighten play wheel so that the wheel opening is <1/8 inch and allows motion but not entrapment of small fingers. 8. Basket Ball Court. No issues; very good. 9. Rest rooms. Clean. No issues. 10. Dreamland School Age Playground. The fall zone for the play structure (ages 5-12 due to the upper body equipment) is poured in place rubber surfacing; excellent condition. No issue; very good. 11. Music Pavilion (ages 2-5). No issues; very good. SLCBOCC Parks and Playgrounds Inspection August 13, 2009 2 12. Museum Pointe Paris Playground. Worn white paint, rusting and broken vinyl skin that has exposed rusted metal and appears to have been painted perhaps with a `white' rust inhibitor i.e., Rustoleum? 13. A plywood panel is secured where an elevated component has been removed. It is secure. No issue. 14. The guard rail system is broken; two vertical rails are missing and the opening may result in an unintended fall to the surface below. Suggest repair as soon as possible; panel off. 15. The overhead anchorage for the sliding pole is rusted. Suggest replace the bolt and fastener. Treat rust. 16. The fall zone is sand. Some plant litter and compacting. Suggest raking and leveling. 17. There is a missing cap for the support post under the upper deck; trip fall hazard. Replace the missing cap. See the other platform for the type cap needed. 18. Note: There is an extension to the ramp that may be for ADA access? Reason for the ramp and extension is unclear. The extension measures 8' feet in length and rises about 24" inches. There is no ADA accessible route to the ramp (grass and sand). The wood side rails do not fully extend. There is no 2" toe rail and the mid rail is set too high. No handrails provided. Suggest further evaluation by someone with direct involvement in this matter. 19. The ramp extension has some damage at the front end that may cause trips and falls. It may be a vestige of an astragal or lip leveler onto the ground? Suggest removal or repair. SLCBOCC Parks and Playgrounds Inspection August 13, 2009 20. Note: Boat Ramp wood piers. West Pier has loose planks. East Pier is partially uneven due to a pitch where the decking takes a right angle turn. Suggest repair and ensure level walking surface. Summary This report is not intended to be all inclusive, but rather representative of my findings on the date and time of my visit. You may contact me if there are any further requests or questions relevant to this report. Sincerely, Tyrone B. Monte, CSHM, CGSO, CET, CPSI EMI Loss Control Specialist SLCBOCC Parks and Playgrounds Inspection August 13, 2009 4 SLCBOCC PLAYGROUND SAFETY REPORT OF AUGUST 13, 2009 III. Museum Pointe Park Playground 1. i tr �� r. i� ��.'. �®•�r1yi��. �� it U W ; U_o >� � 3 W U a W mw 4 --p Q d N Z O d 2i Li O O N M N N d' O m d' O d' O 00 LL w U w w f-- LL u W 3 U_o > 0 LI c� n. to - ccw Y Q a F- z 0 a_ w U) O T- O N M N N -4 C� rn 0 CD co J LL LL! U Ir _W a. H LL �o m -j LL w w LL } Page 1 of 3 ' (p Please make POs and contracts out to: Please mail checks to: �J Landscape Structures, Inc. Landscape Structures SDS 12 0395 landscape 601 7th Street South P.O. Box 86 structures- Delano, MN 55328-8605 Minneapolis, MN 55486-0395 Proposed St. Lucie County Ship To: Museum Point Park Bill To: St. Lucie County To: Parks & Recreation 414 Seaway Drive Parks & Recreation 2300 Virginia Avenue Fort Pierce, FL 34949 2300 Virginia Avenue Fort Pierce, FL 34982 a Fort Pierce, FL 34982 Attn: Mark DiMascio Attn: Mark DiMascio Attn: Mark DiMascio Phone: 772-462-2551 Phone: 772-462-2551 Phone: 772-462-2551 Fax: 772-462-1940 Fax: 772-462-1940 Fax: 772-462-1940 Terms: See below Project No: 6050 Project Name: SLC-Museum Point Park Project Contact: Mark DiMascio Proposal No: 6050.02 Proposal Name: Museum Point Park-LSI 40499-1-3 Project Location: 414 Seaway Drive Proposal Expires: 3/19/2010 Fort Pierce, FL 34949 Proposal Date: 2/17/2010 For Questions Call: Tricia Thomas Phone: 407-831-9658 Sales Consultant: Kevin Furman Phone: 561-333-4451 E-Mail: kfurman@repservices.com Option: A Rev: 1 Input By: TT- 2/17/2010 Vendor: Landscape Structures Proj Drawings: 40499-1-3 523794 Freight: Prepaid Ship Method: Best Way FOB: Destination i Part No Qty Description Unit Wt Unit Price Ext Price Bridges PB114665A-001 1 ARCH BRIDGE (42) 150 1,515.00 1,515.00 PB143194A-001 1 CLATTERBRIDGE 84 W/HANDRAILS 339 2,440.00 2,440.00 Climbers PB122570D-001 1 CLIFF CLIMBER 72 DECK 158 1,415.00 1,415.00 PB148432A-007 1 CORKSCREW W/PERM 48 DECK 68 735.00 735.00 PB128608A-011 1 SUMMIT CLIMBER 1 SIDES 101 905.00 905.00 PB123284B-001 1 WIGGLE LADDER W/PERM 40 DECK D.B 48 475.00 475.00 Decks PB1 1 1240B-001 1 BALCONY DECK W/WHEEL 122 980.00 980.00 P6121948A-001 1 KICK PLATE FOR 8 RISE 13 78.00 78.00 PB1 1 1228A-001 7 SQUARE TENDERDECK 118 675.00 4,725.00 PB111229A-001 1 SQUARE DECK EXTENSION 105 645.00 645.00 PB112471A-001 1 TRANSFER STEP 57 355.00 355.00 Enclosures PB12795313-001 1 PERM. HANDHOLD PANEL 12 98.00 98.00 PB127953A-001 1 PERM. HANDHOLD SET 24 195.00 195.00 PB120314B-001 1 WIRE BARRIER W/WHEEL 44 590.00 590.00 P13120901A-001 1 GRAB BAR 5 120.00 120.00 PB1 11 275A-001 2 HANDLOOP ASSEMBLY 10 150.00 300.00 Indep. Climbers IP158998A-001 1 DISC CLIMBER 20 D.B. 15 205.00 205.00 Learning Walls PB127681A-003 1 IMAGE [GROUND LEVEL] - 176 BLOCK 81 1,035.00 1,035.00 PB117957A-001 1 PERISCOPE PANEL ABOVE DECK 63 1,060.00 1,060.00 Miscellaneous PB1 11 357A-001 1 CHINNING BAR 41 360.00 360.00 PB118089A-001 2 LOOP SEAT 19 320.00 640.00 PB11135713-001 1 TURNING BAR 35 340.00 340.00 P6152908C-001 2 DECK LINK W/HANDRAILS (3 STEPS) 165 1,160.00 2,320.00 PB148426B-007 1 FIREPOLE W/PERM 72 DECK 59 520.00 520.00 Overhead PB120872A-001 1 SWING OUT 70 875.00 875.00 Events PB1 11 353A-001 1 TRACK RIDE 125 1,720.00 1,720.00 Playthings IP120713A-001 1 DISC CLIMBER 30 D.B. 16 210.00 210.00 Posts PB111404Y-001 2 156 ALUM. POST D. B. 37 290.00 580.00 PB111404A-001 2 148 ALUM. POST D.B. 36 250.00 500.00 PB111404C-001 6 132 ALUM. POST D.B. 31 235.00 1,410.00 PB111404D-001 6 124 ALUM. POST D.B. 30 230.00 1,380.00 PB111404G-001 1 100 ALUM. POST D.B. 26 205.00 205.00 m 902 Waterway Place • Longwood, FL 32750-3573 This proposal is presented by +J REP S E R V I C E S e INC. 407.831.9658 (P) • 407.834.5366 (F) • 800.992.5357 Experts at Play & Outdoor Spaces www.repservices.com • sales@repservices.com Proposal No: 6050.02 Project Name: SLC-Museum Point Park Proposal Date: 2/17/2010 Page 2 of 3 Vendor: Landscape Structures Proj Drawings: 40499-1-3 523794 Freight: Prepaid Ship Method: Best Way FOB: Destination I Part No Qty Description Unit Wt Unit Price Ext Price PB1114041-1-001 3 92 ALUM. POST D.B. PB111403A-001 4 182 ALUM. POST FOR ROOF 23 195.00 585.00 PB1 1 1403D-001 4 158 ALUM. POST FOR ROOF 40 290.00 1,160.00 Roofs PB129816A-001 2 SQUARE PEAK TILE ROOF STD LOGO 36 265.00 1,060.00 Slides PB130798A-001 1 DOUBLE SWIRL POLY SLIDE 48 DECK 105 950.00 1,900.00 PB124863F-001 1 SLIDEWINDER2 72 DECK 176 1,485.00 1,485.00 197 2,320.00 2,320.00 Total Product: 4,459 $37,441.00 Shipping Notes: N/A Vendor: Vitriturf 523795 Part No Surfacing CP-MUSEUM POINT PIP Total Product: Vendor: Rep Services, Inc. 523796 Part No Discount per the US Communities - LSI <$80,000: 6.00% ($2,246.46) Discounted Product Total: $35,194.54 Freight Charge: $3,050.85 Landscape Structures Total: $38,245.39 Proj Drawings: 40499-1-3 Freight: Prepaid Ship Method: Best Way Qty Description Unit Wt 1,862 2" Vitriturf w/TK system. 50% Black, 50% Color (blue & green) 0 Qty Description Custom INSTALL-LSI 1 Equipment Installation - LSI SITE WORK 1 Site Work General Terns of Sale and Proposal Summary Gov't & Preferred Customers: Net 30 With Credit Approval: 50% down, Net 30 All Others: *50% down, Balance Prior to Shipment *Note: Orders less than $5,000 require check with order 0 Freight Charge: Vitriturf Total: Rep Services, Inc. Total: Product: Installation: Freight: Proposal Total: FOB: Destination Unit Price Ext Price 11.97 22,168.75 $22,168.75 Included $22,168.75 Ext Price 10,352.00 3,656.00 $14,008.00 $57,482.68 $14,008.00 $3,050.85 $74,541.53 LSI is a vendor on the U.S. Communities National Contract #040377. The contract discount is 6%. Installation is available under the contract. When utilizing this contract please reference the contract number on your Purchase Order. ORDERS PLACED BASED ON THIS PROPOSAL ARE SUBJECT TO SHIP WITHIN MANUFACTURER'S STANDARD LEAD TIME. REQUESTS FOR EXTENDED SHIPPING TIMES MAY RESULT IN ADDITIONAL COSTS, SUCH AS FREIGHT INCREASES, RAW MATERIAL COST INCREASES, ETC. BE SURE TO PLACE YOUR ORDER BEFORE THE EXPIRATION DATE SHOWN ABOVE TO SECURE THE PRICES ON THIS PROPOSAL. When placing an order, please select colors from those shown on the back inside cover of the catalog. WRITTEN COLOR SELECTION AND SUPPORT OPTION (DIRECT BURY, SURFACE MOUNT, OR OTHER) MUST ACCOMPANY SIGNED PROPOSAL OR PURCHASE ORDER. Unless otherwise noted, the following Items are to be PROVIDED BY CUSTOMER prior to installation: This proposal is presented by MX 2 REP SERVICES, INC. 902 Waterway t rwa (PPlace - Longwood, FL 2750- 57357 �' Experts at Play Fr Outdoor Spaces www.repservices.com - sales@repsemces.com Proposal No: 6050.02 Project Name: SLC-Museum Point Park Proposal Date: 2/17/2010 Page 3 of 3 - Site security to prevent theft or vandalism of equipment. Water and 110 Electric. Underground Utilities Located and Marked prior to installation. - Storage for playground equipment. Trash Dumpster to accommodate construction waste. _ Required Permitting, if applicable. Site Plan or Survey, if required. -THIS PROPOSAL DOES NOT INCLUDE THE PERMIT FEES ASSESSED BY THE BUILDING DEPARTMENT. THOSE FEES MAY RESULT IN ADDITIONAL CHARGES. Installation Charges on this proposal are based on NO UNFORESEEN conditions in the area, above or below the surface. If unforeseen conditions arise, the installation charges will change to reflect additional costs associated with dealing with those unforeseen circumstances. Examples of this include, but are not limited to, site not ready upon installer's arrival, difficulties with underground utilities, or difficulties with post footers due to coral rock or ground water in the holes. To order, please sign below and return to Rep Services Inc. at the address or fax number noted below. Thank You. Name Date �j" 902 Waterway Place • Longwood, FL 32750-3573 This proposal is presented by iI� i- REP S E RV I C E S � INC. 407.831.9658 (P) • 407.834.5366 (F) • 800.992.5357 rlsffa vwvw.repservices.com sales@repservices.com Experts at Play & Outdoor Spaces ITEM NO. VI — G1 f DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services SUBJECT: Equipment Request and Budget Amendment BACKGROUND: See attached memorandum. 3109110 PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) PRESENTED BY: Stefanie Myers Assistant Director FUNDS AVAILABLE: 001-1931-564000-15019 Community Services Renovations PREVIOUS ACTION: Approval of Equipment Request No. 10-017 and Budget Amendment No. 10- 008. RECOMMENDATION: Board approval of Equipment Request No.10-022, Budget Amendment No. 10-014 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ' Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Slanaturea County Attorney ( ) Daniel S. McIntyre Originating Dept. ( ) Beth yder OMB Director ( ) Budget Analyst Mift ouin Sophia Holt 6 COUNTY F L O R I D A Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Stefanie Myers, Assistant Directortif�^"�� DATE: March 9, 2010 �"" SUBJECT: Equipment Request and Budget Amendment ITEM NO. VI -GI Backaround• Due to an increase in the cost of equipment for the voicemail system for Community Services, a modified equipment request and a budget amendment are required. The addition of voicemail to the Community Services office will allow one receptionist to handle the calls without having to take messages directly or place callers on hold for extended periods of time, allowing for faster service and higher client satisfaction. It will also allow the messages to be retained for public record via email. The revised equipment cost for the voicemail system will be approximately $9,700. This is an increase of $3,000 over the originally approved request. Funds have been allocated for this purchase as a part of the Community Services renovation project. This is not an allowable expense under grant funding. Recommendation Board approval of Equipment Request No.10-022, Budget Amendment No.10-014 and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: Equipment Request EQ 10-022 IT Quote SLCCOMSVC110109 Budget Amendment BA10-014 d i BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Community Services PREPARED DATE: 02/18/2010 AGENDA DATE: 03/09/2010 ACCOUNT NUMBER ACCOUNT NAME' TO: 001-1931-564000-15019 Machinery & Equipment FROM: 001- REASON FOR DMENT: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: ntenance ustment for increase in Voicemail nla BA10-014 $3 NEC E W---.d tw r. ,�., Price Quote St Lucie County I Community Sw January !, 7010 aide.SLCOOMSM1010o UPORAOlLIPS Ouentlttt Pr1oe TOTAL 15080Y CCtB Link (1) 1 1 SM80 $7e.80 sn� . i7e.eo 15oe1e tPT cud (1) 1 �235.30 i�.3Y 15082Y LT ti4 Port =91.42 :31.42 151000 PowN Cob/ 1 �'� �'� 151019 4&TYy-0.7 OONN CA / S2,892.28 =2, t182.20 151254 PZ-241PL.A 1 =1,33S.d9 s1,338.83 151402 PZ-MQOS-A 1 s574.31 s574.ti1 153018 IPS UrYV PMMJ (UA) 1 i1,256.84 =1,259.84 159154 SPN-81PL.A IP-PADC 1 �'� �'� 153330 24PRTA (FD) 1 S295.41 j234.41 153318 04 Part Sys SORwan 3900 R14 1 i2.00 $2.00 153441 NEAR Z000 IPS SoMaue CO 4 $23.83 $94.50 CA8-00000015 100 dog SwiOCh Tab 9arHpMr UPO►ads soltwe►e, irgtd Ards. Oast IPCCIS Ooes not' LCR or revising number plan contllds EgtrlprrtsrK $7 OB8.94 �ervloM 584.85 TOTAL 051.t19 NEC Corporatlon of Amerlrs Proprislery and CoMidsntlal Not to be Copied or Reproduced ITEM NO. A —GZ COUNTY F LORI D A DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services/Social Services Division SUBJECT: Early Learning Coalition (ELC) First Amendment BACKGROUND: See attached memorandum. 03/09/10 PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) PRESENTED BY: Stefanie Myers Assistant Director FUNDS AVAILABLE: 001511-6420-331691-600 Department of Health and Human Services PREVIOUS ACTION: November 24, 2009 — Approved agreement with the Early Learning Coalition of St. Lucie. RECOMMENDATION: Board approval of the contract amendment with the Early Learning Coalition of St. Lucie and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Sianatures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) rn Beth yder COUNTY F L O R I D A -- TO: Board of County Commissioners THROUGH: Beth Ryder, Director Community Services MEMORANDUM FROM: Stefanie Myers, Assistant Director DATE: March 9, 2010 SUBJECT: Early Learning Coalition (ELC) First Amendment ITEM NO. VI —G2 Backaround: The Community Services Block Grant (CSBG) American Recovery and Reinvestment Act (ARRA) is a federal grant designed to assist residents with: • Securing and maintaining meaningful employment; • Attaining adequate education; • Making better use of available income; • Obtaining and maintaining adequate housing and suitable living environment; • Removing obstacles and solving problems that block achievement of self-sufficiency; • Achieving greater participation in the affairs of a community; and • Making more effective use of other programs. A community needs assessment identified a gap in services for those lower income residents who struggle with finding supervision for their children when they are at work or pursuing college training. The inability to receive childcare subsidies or affordable childcare has led to job loss and an inability to obtain post secondary education. The Early Learning Coalition (ELC) has a waiting list of more than 1,000 families in need of childcare subsidy so the parents can work. In response to this need, an initial allocation of ARRA funds in the amount of $105,350 was given to ELC. It was later determined that additional funds from St. Lucie County's allocation of the CSBG ARRA grant could be used to assist those on the ELC waiting list. The modification increases the agreement by $75,250 for a total of $180,600. This will allow a total of 60 children to be assisted. Recommendation Board approval of the contract amendment with the Early Learning Coalition of St. Lucie and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: Amendment FIRST AMENDMENT TO NOVEMBER 249 2009 GRANT AGREEMENT (C09-11-SSS) THIS FIRST AMENDMENT is dated this day of , 2010, by and between ff. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County," and EARLY LEARNING COALITION OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns, hereinafter referred to as the "Recipient." WHEREAS, on November 24, 2009, the parties entered into a Grant Agreement under the Community Services Block Grant to provide childcare funding to assist parents in low income households attend school or obtain/maintain employment in support of achieving self- sufficiency, hereinafter referred to as the "Grant Agreement"; and, WIMREAS, the parties desire to amend the Grant Agreement to increase the amount of the grant in order to assist a greater member of eligible residents. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the November 24, 2009 Grant Agreement as follows: 1. Paragraph 1 is hereby amended to read as follows: 1. The County shall disperse to the Recipient a grant in the total amount not to exceed one hundred eighty thousand six hundred and 00/100 dollars ($190,600.00) for low-income households to provide them with childcare funding to assist parents in attending school or with obtaining/maintain employment in support of achieving self-sufficiency. Those receiving scholarships for childcare must have household income at no more than 200% of poverty level as per the Community Services Block Grant requirements (see Exhibit "A'). Funds shall all be provided to Recipient within thirty (30) days after both parties have executed this Agreement, funds are available, and an invoice has been submitted. 2 Except as amended herein, the remaining terms and conditions of the November 24, 2009 Grant Agreement shall remain in full force and effect IN WITNESS WHEREOF, the County has hereunto subscribed and the Recipient has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: DEPUTY CLERK WITNESSES: Vatryt 9MMMAM&K9Ua-ftrly kaMll&doe BOARD OF COUNTY COAEMMIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY EARLY LEARNING COALITION OF ST. LUCIE, INC. BY: NAME: TITLE: -2- rl` ITEM NO. VI-G3 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: (x) APPROVED ( ) OTHER AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Community Services/Transit Division Federal Legislative Appropriation Request See attached memorandum. N/A N/A DATE: 3/09110 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) PRESENTED BY: Corine C. Williams Transit Manager Board approval to support the Florida Public Transportation Association (FPTA) to submit a Federal Legislative Earmark request for the replacement of transit buses. ( ) DENIED Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Slanatures County Attorney ( ) OMB Director Budget Analyst Daniel S. McIntyre Originating Dept. ( ) �Am 11 Beth Ry r Marie Gouin Sophia Holt t NTY O R I D A -- TO: Board of County Commissioners THROUGH: Beth Ryder, Director 01'1� FROM: Corine C. Williams, Transit Manager DATE: March 9, 2010 Community Services MEMORANDUM SUBJECT: Federal Legislative Appropriation Request ITEM NO. VI-G3 Backaround: In the past, St. Lucie County has submitted Federal Legislative Earmark requests through the Florida Public Transit Association (FPTA). FPTA is a nonprofit association whose members include every major public transit agency, interested citizens and businesses in Florida and local governments. St. Lucie County is a voting member of this organization. The FPTA acts as a collective voice in promoting the recognition, use and improvement of public transit in the State of Florida. Members of the FPTA employ thousands of Floridians, transport 300 million riders each year, and create several billion dollars per year in economic activity. Since 2005, St Lucie County has received legislative earmark allocations that exceeded $1,700,000, which has funded the purchase of replacement vehicles and the expansion of transit services. Staff is recommending that a legislative earmark request for FPTA be supported by the Board in the amount of $1 million for the replacement of vehicles that are past their useful life. Currently, the County owns 34 vehicles that need replacement: 14 buses from the fixed routes and 20 buses from the demand response fleet. The demand response buses are expected to last five years or 150,000 ro miles; and fixed route buses are expected to last seven to ten years or 300,000 miles. These 34 vehicles have met or exceed their expected useful life. Attached is the proposed congressional request to be included in the FPTA legislative packet. Recommendation Board approval to support the Florida Public Transportation Association (FPTA) to submit a Federal Legislative Earmark request for the replacement of transit buses. Attachments: FPTA Legislative Earmark Request 0'W_ THE TREASURE COAST CONNECTOR St. Lucie County Board of County Commissioners 2300 Virginia Avenue, Fort Pierce, FL 34950 (Office) 772-462-2092; (Fax) 772-462-1703 Bus Replacement and Expansion - $1 Million As population continues to increase, access to employment and educational opportunities and medical care needs to keep pace. Single occupancy vehicle trips will not be a feasible solution and expansion of transit services between urban and rural areas of the region will be necessary. Expansion of services was incorporated as part of major updates to the Transportation Development Service Plan (TDSP) and Regional Transit Development Plan (RTDP) this year. The Treasure Coast is striving toward a regional transportation vision and additional vehicles are needed to insure an efficient and seamless transition in transit services across county lines. New vehicles are needed as replacement for those that are at the end of their useful lives. In the past five (5) years, five fixed routes (two in Fort Pierce and three in Port St. Lucie) have been added to connect with the original north -south route established in 2004. These additional routes have been in response to increased travel volumes and requests to expand coverage into areas previously not accessed by the fixed route system. With this expansion and increased ridership, the safety of passengers and employees is paramount. Replacement of vehicles is critical to that safety. Legislative support of these regional goals is vital to achieving our regional vision and ensuring access to employment, services, etc. for our residents. Contact: Beth Ryder, Community Services, Director ryderb(&-stlucieco.org Corine C. Williams, Transit Manager Williamsc(fttlucieco.org Total Congressional Request $1 Million Corine Williams From: Wes Watson [fptamail@embargmail.com) Sent: Monday, January 25, 2010 3:23 PM To: Tim Garling - PSTA; Steve Myers; SNeal; Rob Nelson; Rich Weingarten; ralf.heseler@mymanatee.org; Paul Simmons (Polk Co.); Myra Wittenberg; Mike Carroll; Mike Blaylock; Mahan, Rob; Lorraine Szyms; Linda Watson; Ibirchett@co.okaloosa.fl.us; kg@nissigroupinc.com; kenneth.gordon@veoliatransportation.com; Ken Fischer; Karen Deigle - Ind. Rivr; Jimmy Swisher, Harpal Kapoor, Harley, Ken; Gomez, Jesus M.; Giulietti Joseph; Gary Mackey(St. Johns); Garrison, Ron; Diane Cunningham; David Armijo; Danny Ours; Corine Williams; Chuck Cohen; Carlos Rivera; Anthony Beckford; Lisa Sanders Subject: FPTA "Earmark' trip to D.C. - RSVP TO: FPTA DIRECTORS FROM: WES WATSON DATE: JANUARY 25, 2010 The APTA Legislative Conference will be March 14 - 16, this year. This is an RSVP request to see how many of our directors will be going on our visit to Capitol Hill to visit our Delegation and talk about FLorida Transit earmarks. We will need your one -page "earmark' request for our booklet NLT than March 1 st. We would be going to the Hill on March 16th, Tuesday, Pis advise if you are planning on the trip. THanks. V,Nk"'ka Florida Public Transportation Association Pap I of # V NOIN 41 AIOOT O/ Ii IVINH O M1MIllINIr INTO Po LIGIII&ANTIO AO/NNA MEDIA 111ATIONI d IIANi1T IACTI//INl/In p Nl1MI q TIAN/1111NO3 p IITA IIAOI11NW 4 CONTACI O! FPTA 2010 Legislative Agenda 1. AM � NI�NA dl11NIN dlllll ll►�NINN NM Ow1�wrSNN N �NIMII MIw NNN OIII nrO � �wNd M fML 2 Frm No ep/m NMNNM SSI NMI /wMIN paid" i =1 YI OW how& Owlw b NruN w EMI!~ * ATA M wwwAwM mummmmN/ sodwr w ipmom lwiM pr041rM IIow harm i FPTA VAIIwNNNN wlr 1y Aga Or1 rwM MIwM Owl MISS TRMWPWk N1 pWIMININ O NMI Mmj* III l //TA VA UPPM NUMBNESS OId d ow nmwwlr selemn b NIpw1 bw •NNW Oy W" dI MId ArN. VA"P/MSMNINr SIBINNI10118511101MIRIIW/Mbn%MMUM ME YIW@Wq=k"MWM@MndI"wrYd lnum A F VA w1*wISS blr MI 10llLMd OPMII NOWP dPIw.I1. NNIw NdwM SlrlN Motion! r Sp MISS NIdN NMI. • � NI m MINIM/ b YIpNr Sid SPOM Nwwllld r OW 111111111106 "NEWSMEN a w4mr4NOWDY M1q1 MI Tn wVAOPPNM SS S MI NwINNMI/ awSld V49MM SNIM b SN TNVApwIlONI1 T11 d M/ Tl►~ 4MI jr ITEM NO. VI —G4 DATE: 03/09/10 COUNTY • R I . A AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TQ BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Stefanie Myers Aylr`� SUBMITTED BY: Community Services/Social Services Division Assistant Director SUBJECT: US Department of Justice Violence Against Women Office (VAWO) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to submit an application to the U.S. Department of Justice VAWO for the Safe Havens: Supervised Visitation and Safe Exchange Grant Program for FY 10-12 on behalf of The Exchange Club Center and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (Vi APPROVED ( ) DENIED ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sianatures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel S. McIntyre Originating Dept. ( ) Beth Ryffir Marie Gouin Sophia Holt COUNTY F L 0 R I D A Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Stefanie Myers, Assistant Director DATE: March 9, 2010 SUBJECT: US Department of Justice Violence Against Women Office (VAWO) ITEM NO. VI —G4 Backaround: Since FY02, St. Lucie County, on behalf of the Exchange Club Castle, has been awarded the Safe Havens: Supervised Visitation and Safe Exchange Program by the VAWO. The full amount is being requested from VAWO; there is no local match required. This is a pass through grant provided to Exchange Club Castle. The Valued Visits project is a partnership between St. Lucie County and The Exchange Club Center for the Prevention of Child Abuse of the Treasure Coast; d.b.a. CASTLE. Valued Visits provides court ordered supervised visits and exchanges of children in cases of domestic violence, dating violence, child abuse, sexual assault, and stalking. Valued Visits operates three sites in three adjacent counties. • Safe Havens (Site 1) 2945 W. Midway Rd Fort Pierce, FL 34981 • Safe Havens (Site 2) 1275 Old Dixie Highway Vero Beach, FL 32960 • Safe Havens (Site 3) 3824 SE Dixie Highway Stuart, FL 34997 Recommendation Board approval to submit an application to the U.S. Department of Justice VAWO for the Safe Havens: Supervised Visitation and Safe Exchange Grant Program for FY 10-12 on behalf of Exchange Club Castle and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Grant Application Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 Project Abstract: The project (Valued Visits) is a partnership between the lead governmental entity (St. Lucie County) and the provider (The Exchange Club Center for the Prevention of Child Abuse of the Treasure Coast; d.b.a. CASTLE). Valued Visits provides supervised visits and exchanges of children in cases of domestic violence, dating violence, child abuse, sexual assault, and stalking. Valued Visits operates three sites in three adjacent counties in a culturally diverse area of Florida known as the Treasure Coast. These services will continue in the coming grant cycle. In continuing to develop Valued Visits into a culturally responsive center, we intend to further our efforts to forge a community wide response to domestic violence in the coming grant cycle. As noted in earlier project cycles, supervised visitation is under-utilized by Spanish speaking and African -American women. We have used the current grant cycle to begin the development of a community wide response to domestic violence, from first responders (e.g. Law enforcement) to service providers (the domestic violence shelter and services provider; the local child abuse prevention program, e.g.) To date, we have had circuit 19 domestic violence services evaluated by Dr. Ira SanGupta, of Cross Cultural Health Care, a nationally recognized center for cultural competency. We have developed recommendations and goals to increase the cultural awareness and sensitivity of providers to issues of domestic violence. We now are planning to implement the recommendations offered by Cross Cultural Health Care, with the goal of increasing the understanding and usage of supervised visitation by Spanish speaking and African American women. Funding for the new grant cycle will allow us to bring the plan to fruition, and meet our goals. Safe Havens: Supervised Visitation & Safe Exchange Program Applicant: Saint Lucie County PROJECT NARRATIVE A. Purpose of the Application CFDA Number: 16.527 Funding Opportunity #: OV W-2010-2453 1. Describe the problem to be addressed and how the funding would alleviate it. During the course of the current funding period of 2008-2010, the project (Valued Visits - Supervised Visitation and Monitored Exchange Center, hereafter referred to as Valued Visits) has worked toward its expressed goal of creating a culturally responsive visitation center, and beyond that, a culturally responsive community wide response to victims of domestic violence. This impetus behind the initiative is the demographic data that shows visitation center services being utilized by a disproportionately low number of Spanish speaking and African American women. Specifically, 30% of women who utilize the local domestic violence shelter, are African American while, less than 10% of women using supervised visitation are African American. 20% of women who utilize the local domestic shelter are Hispanic, while less than 10% of women using supervised visitation are Hispanic. There seems to be a disconnect in getting information about supervised visitation to minority communities (Florida Department of Children and Families Report, 2008-2009; Valued Visits demographic data, 2009). Our efforts to address this issue so far include 1. Hiring a Spanish speaking court liaison, who assists Spanish speaking women at the time of their court appearances; 2. Collaborating with the Martin & St. Lucie County cultural collaborative to train staff in cultural competency and cultural responsiveness; ira Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 3. Hiring Ira SanGupta, of Cross Cultural Health Care, a nationally recognized center for cultural competency, to evaluate our community's current response systems to episodes of domestic violence; 4. Holding focus groups with the staff and management of Valued Visits, the local domestic violence service provider, and the local domestic violence task force. 5. Valued Visits management staff has been the chairperson of the domestic violence sub -committee of the statewide child abuse prevention plan, and in that capacity has overseen the implementation of two of the plans goals: (1. through a memorandum of understanding, have agencies that teach parent education include a segment on domestic violence in their curriculum, and 2. develop a flyer/brochure that effectively and succinctly imparts information on domestic violence, and where/how to get help. This information is available to all community agencies including law enforcement.) 6. Sponsoring a Domestic Violence Summit training day for the community. 7. Created a road map for the continuation of the effort to make Valued Visits and our local community culturally sensitive within a coordinated community response to domestic violence. We plan to implement that road map during the remainder of the current funding cycle, and complete it during the next funding cycle. We believe it is imperative that supervised visitation is available equally to all, and that access to supervised visitation is not hindered by any cultural barriers. This is especially true in light of research that indicates that African American women are over -represented when compared to the general population as victims of domestic violence M Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 (Domestic Violence Research for Racial Justice Project,• Family Violence Prevention Fund; Erwin/Vidales, December, 2001). According to Latino mental health literature, cultural and institutional barriers, rather than lack of desire for services, impede minority help seeking efforts (Rodriguez & O'Donnell, 1995). More broadly, we seek to go beyond developing a culturally responsive visitation center, and work toward building a culturally responsive community among those who respond to domestic violence victims and their children. We believe the key building blocks in this effort to be training first, and then imbedding this knowledge into agency policies and practices by ensuring attention to diversity in mission statements, in quality improvement plans, in staff training, in service delivery, in access to services, in participation in programs, and in outcomes for culturally diverse populations. It is imperative that our current efforts continue, as the social changes proposed are long term in nature, and thus take longer to implement. Abandoning our efforts now would greatly diminish the progress we have made in our community. We are proposing then, for the coming grant cycle, to build a culturally competent and responsive community approach in responding to domestic violence. Key partners are identified in the Memorandum of Understanding, and all have agreed to invest the time and resources needed toward this effort. 4 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 2. Identify the target population and state how the target population would benefit from the proposed project. The target population is victims of domestic violence, dating violence, child abuse, sexual assault or stalking, and their children. The target population resides in Martin, St. Lucie and Indian River Counties (known as the Treasure Coast). Local data indicates that in 2008/09 the Treasure Coast had a child abuse rate twice as high as the national average. About half of all child abuse reports involved family violence. Eleven of those abused children died at the hands of their parent or caretaker. This is double the number of children who died as a result of abuse in the previous year. 437 women used 10,374 days of shelter at the local domestic violence agency. The area had a total of 3,327 domestic violence crimes. (FDLE crime reports, Department of Children and Families database reports, Florida Uniform Crime Reports). These victims of domestic violence and child abuse are eligible to utilize Valued Visits services. Victims of domestic violence benefit from Valued Visits by having a safe alternative when they must exchange a child with a spouse who has abused them. Rather than being forced to have contact with that spouse, or forced to violate a court order by not appearing for visits, the victims have a way to comply with visits and shared custody, and remain safe. Children are able to visit in a safe and conflict -free environment with a parent who has hurt them, without the fear of further abuse by the visiting parent. On the Treasure Coast, Valued Visits is the only supervised visitation program available. Before Valued Visits, these exchanges and visits took place in parks, fast food restaurants and police station parking lots, all unsafe and unsupervised settings. 5 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 3. Describe the community's service area in which the project would be implemented, including location, population, and demographic information. Valued Visits takes place in St. Lucie County, Florida, with additional visitation sites in the adjacent counties of Martin and Indian River. The three county area is known as the Treasure Coast, named for the large number of ships that sank off its shores in the 17`h and 18t' centuries and the treasure buried within their hulls. The Treasure Coast is located in the heart of Florida's citrus region, (100 miles SE of Orlando and 60 miles North of West Palm Beach). There is a combined population of 562,000 people, with rural areas in the central and west parts of the counties and small cities and pockets of wealth along the coast. These pockets of wealth are often juxtaposed with pockets of extreme poverty. There is a large migrant and permanent resident Spanish speaking population, which has more than doubled over the past ten years, and a large African American population (41 % overall) centered in Fort Pierce, the city in St. Lucie County in which Valued Visits is located. Fort Pierce has a poverty rate 2 '/2 times higher than St. Lucie County and the state as a whole. The adjacent counties of Martin and Indian River have similar concentrations of underserved populations (demographic data is from the U.S. Census). Agriculture, tourism, and construction are the primary industries in the area, with these industries employing a large number of unskilled workers. Caused in part by a lack of strong diversification of employment opportunities and a large number of low -paying, seasonal jobs, the area has been hit especially hard by the nationwide recession, posting record high unemployment figures, 6 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 reaching 13.8% in November 2009. All four counties exceed the November state unemployment rate of 11.5%, with St Lucie and Indian River Counties having some of the highest unemployment rates in the state. 4. Describe the current services and gaps. Currently, Valued Visits provides supervised visits and monitored exchanges at three locations in three counties. An identified gap is the persistent under -use of supervised visitation by minority populations. Through an assessment and focus groups, we have identified specific target areas that we will strengthen and develop throughout this project. The end result will be a visitation center whose clientele mirror the local community and who more closely reflect the use of domestic violence shelter services. More specifically, we will be looking at the intake process for services that domestic violence victims utilize. What questions are asked? Who is asking these questions? Next we will look at the services themselves, i.e. what is being offered, how are the services made known? We will also be looking at the training of staff, including law enforcement and court personnel. Are there points in the series of events that occur when someone is victimized where we can be more inclusive and welcoming? We plan to use the rest of the current funding period and the upcoming funding period to answer these questions and embed an improved and coordinated approach to victims of domestic violence into the community. 7 Safe Havens: Supervised Visitation & Safe Exchange Program Applicant: Saint Lucie County 5.Other Office on Violence Against Women Grants CFDA Number: 16.527 Funding Opportunity #: OVW-2010-2453 Safe Havens is the only Office on Violence Women grant received. E. What Will be Done 1. How will the Proposed Project Address the Identified Need The identified need is to continue the development of Valued Visits into a culturally competent and culturally responsive visitation program that positively impacts the access to services, the participation in services, and the preferred outcomes for people from diverse cultures and communities. As part of accomplishing this, Valued Visits will take the lead in coordinating a community wide effort to create a culturally competent and culturally responsive community response to domestic violence, from first responders (e.g. law enforcement) to service providers (the domestic violence shelter and services provider; the local child abuse prevention program) to supervised visitation, to other community services that assist victims of domestic violence and their children (e.g. workforce development, homeless coalition, counseling). This will be accomplished by acting on the information gathered during the current grant cycle thorough focus groups and Dr. SanGupta's evaluation of our current processes. We have already developed a common flyer/brochure, that begins our training/education of the community. The flyer contains information on what to do if you become a victim of domestic violence, and also asks the question: "are you in a violent relationship?" and lists signs that might indicate this. In the coming grant cycle, we will enhance and build on our initial efforts. 8 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 2. Goals and Objectives Goal 1: Provide data that measures the results of the work of the Valued Visits Supervised Visitation and Monitored Exchange program. Objective: Strengthen partnerships for safer communities and enhance the nation's capacity to prevent, solve, and control crime. Performance measures: 1. The number of supervised visitation and exchange centers supported by the program. 2. The number of supervised visits between parents and children. 3. The number of supervised exchanges between parents and children. Goal 2: Reduce the risk of harm to victims of domestic violence and their children by providing safe supervised visits and monitored exchanges using strict security procedures and careful monitoring of all interactions during a visit. Objective: Security procedures and the monitoring of all interactions will deter violent, intimidating and/or other harmful behavior on the part of the offending parent. Performance Measures: 1. The number of visits monitored at the level ordered by the court. 2. The number of security threats, including failure to follow arrival and departure rules, arrival at the site with unallowable items, arrival at the site under the influence of alcohol or drugs, arrival before or after scheduled times, on the part of the non-residential parent. 3. The number of visits cancelled or interrupted due to a rules violation on the part of the non- residential parent. E Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 Goal 3: Develop the Valued Visits Supervised Visitation Center into a culturally competent and culturally responsive program. Objective 1: Increase the use of Valued Visits by African American victims of domestic violence. Performance Measure: The number of African American families who utilize Valued Visits. Objective 2: Continue Valued Visits' outreach to the Spanish speaking community to ensure continued use by Spanish speaking victims of supervised visitation and monitored exchanges. Performance Measure: The number of Spanish speaking families who utilize Valued Visits. Objective 3: Improve the ability of Valued Visits to address the needs of clients from diverse cultures and communities. Performance Measure: The number of training hours and training seminars attended directly related to cultural competency. Goal 4: Continue to ensure that victims of domestic violence, dating violence, child abuse, sexual assault and stalking are informed about supervised visitation and exchange prior to their initial court hearing, and have the opportunity for a Fast Track visit that can be ordered at the time of the injunction. Objective: Have information on supervised visitation on handouts, brochures, or other publications given out to victims, and have supervised visitation as an option on injunctions. Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 Performance Measure: The number of fast track referrals received by Valued Visits. Goal 5: Adhere to the Guiding Principles for Supervised Visitation and Safe Exchange Programs as developed by the Office on Violence Against Women, for the operation of Valued Visits. Objective: Utilize the above principles as the standard operating procedures for the project, notably in the areas of safety, relationship with the courts, and record keeping. Performance Measure: 1. The principles are codified into Valued Visits' policy and procedure manual. Goal 6: Create a culturally competent and culturally responsive method of operating in both the Valued Visits Supervised Visitation Program, and the collaborative partners who are named in the Memorandum of Understanding. Objective: Provide training seminars to the staff and organizations that operate Valued Visits and the agencies and organizations that come in contact with victims of domestic violence and their children (e.g. law enforcement, courts, service providers). Performance Measures: 1. The number of seminars held, the number of people attending, and the number of agencies/organizations represented. 2. The number of organizations that formalize the goal of cultural competency and cultural responsiveness in at least two of the following areas: through their mission, quality 11 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 improvement plans, staff training, service delivery, accessibility, and/or outcomes for diverse populations. Goal 7: Provide a child friendly environment in which visits can occur, such as a "recreation room" type setting, to enhance the comfort level of visiting children. Objective: Ensure activities are available for all age groups that visit Valued Visits, including toys, games, and books. Performance Measure: Client satisfaction surveys will reflect that the visitation center sites provide age appropriate activities for children. 3. Mechanisms for referral: The project has an agreement with the 19`h Judicial Circuit to provide supervised visitation and monitored exchanges ordered/referred by the Judges of the 19`h Circuit. Meetings are held with the judges at least quarterly to evaluate the effectiveness of the referral process. Referrals can also come from partners listed in the MOU. Referrals are mailed or faxed to the project, and the family is contacted, and scheduled for orientation. Prior to orientation, project staff gathers background information on the case, Including a criminal background check on the non-residential parent. After a successful orientation, the first visit is scheduled. 12 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 4. Tasks and activities of each collaborative partner: (The tasks and activities will be highlighted here, and specified in section F, "Who will implement the project," and in the MOU). The Courts (19 Judicial Circuit): Enter into an annual formal agreement with Valued Visits to provide supervised visitation and monitored exchange services in the 19'' Judicial Circuit. Local Shelter (SafeSpace): Consult with Valued Visits on safety and security policies and procedures for the operation of the supervised visitation center, and offer recommendations to improve safety and security. Provide up to four domestic violence awareness sessions per year to partners. The Local Supervised Visitation Center (Valued Visits) will: Provide supervised visitation and monitored exchange services to children in situations involving domestic violence, dating violence, child abuse, sexual assault, and stalking for up to three days per week, at three locations, in a three county area known as the Treasure Coast. Hold training seminars and consultation sessions (in conjunction with Cross Cultural Health Care Program of Seattle, Washington) that improve the cultural competency of staff and the cultural responsiveness of agencies and programs that work with the victims of domestic violence and their children. St. Lucie County will: Act as the fiscal agent for the grant project and ensure compliance with the reporting requirements of the Office on Violence Against Women. 13 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 St. Lucie County Sheriff's Office will: Provide security during operating hours of the center. Continue to handle domestic violence calls in adherence with State Statute 741.29 regarding the arrest of the "primary aggressor." The Domestic Violence Task Force will: Continue to serve as a community wide committee with the goals of a coordinate response to domestic violence, advocacy for victims, and educating the community about domestic violence. Local child abuse prevention provider: (CASTLE) will: Oversee the operation of Valued Visits. Provide training for Valued Visits staff on child abuse and neglect. 5. Timeline Timeline: October 1, 2010 — September 30, 2013: This is an on -going program. The three supervised visitation centers will be fully operational at the start of the funding period. The timeline reflects the dates for the continued development of Valued Visits. October, 2010 Hold the 2nd community wide training with the content based on the roadmap to cultural competency March. 2011 Hold the P community wide training based on the roadmap to a community wide response to domestic violence. October. 2011 provide individual tools (flyers, brochures, intake & assessment tools) to partner Agencies. October. 2011 - September. 2013 Through the Domestic Violence Task Force, monitor, adjust and improve the community - wide, culturally competent response to victims of domestic violence. October 1, 2010 — September 30, 2013 Concurrent with the implementation of the cultural competency and responsiveness initiative outlined above, all current Valued Visits services will continue, including the operation of three supervised visitation center sites in three counties. 14 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 6. Current services (of existing visitation center): The current project offers supervised visitation and monitored exchanges in St. Lucie County, with additional centers in the adjacent counties of Martin and Indian River. The centers operate under an agreement with the 19`h Judicial Circuit. The centers follow the Guiding Principles for Supervised Visitation as developed by the Office on Violence Against Women. The centers are open Friday from 2pm - 9pm; Sunday from 2pm - 6pm; and Monday from 4:30pm - 7:30pm. The fee schedule is $15 per supervised visit, and $5 for a supervised exchange. The fees are set by the court, and the fees can be reduced or waived by court order. There is a sliding scale payment schedule for those unable to afford the full fee. An inability to pay is never a barrier to services. The current project (Valued Visits) utilizes a court liaison who attends court on the days domestic violence hearings are held. The liaison's attendance at court allows victims of domestic violence to have information about and access to supervised visitation and exchange at the time of their court appearance and/or at the point of their injunction (before their court hearing). The proposed enhancement is the continuation of our efforts to expand culturally sensitive outreach to the African American community. This is an issue because local data shows that although 30% of the women using the domestic violence shelter are African American, less than 10% of women utilizing Valued Visits are African American. 15 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 A second part of the enhancement is to ensure that Valued Visits is a culturally competent and culturally responsive program, and that the local domestic violence community is as well. We believe that it is effective and efficient to build on the groundwork done during the current grant period by this project and its partners. Adherence to Guiding Principles: The services currently offered by Valued Visits adhere to the Guiding Principles of Supervised Visitation. Principal 1. Equal regard for the safety of children and adult victims: Valued visits uses staggered arrival and departure times, separate entrance and exit, an on -site deputy, a metal detecting wand, search and seizure of inappropriate items brought into the site, a thorough orientation, and background checks on non-residential parents to ensure the safety of children and adult victims. Principal 2. Valuing Multiculturalism and Diversity: We can offer services in five languages, we hire interpreters for deaf/hard of hearing clientele, and we are focusing our efforts on increasing the use of supervised visitation services by Spanish speaking and African women. We offer services during evening and weekend hours. Principal 3. Incorporating an understanding of domestic violence into center services: Each staff member has an annual minimum required number of training hours in the area of domestic violence. We partner with the local domestic violence provider, we are members of the local 16 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 domestic violence task force, we attend court on the days domestic violence cases are heard. We refer victims to other needed services, we monitor conversations so that discussions about the victim are not held, we monitor and address non-compliance, and we document critical incidents. Principal 4. Respectful and fair interaction: All parties are treated with dignity and respect. We prepare parents with a thorough orientation session prior to the first visit. Children are offered choices as to ending a visit early. We offer referral services when needed. We survey victims as to their satisfaction with Valued Visits. Principal 5. Community Collaboration: We have partnerships with the Sheriffs Departments in all three counties, the local domestic violence task force and the local domestic violence service provider. We participate in the development and implementation of the statewide child abuse prevention and permanency plan for our circuit. Principle 6. Advocacy for children and victims. We have a strong connection with our community and local providers of services, which allows us to not only refer victims and children for needed help, but to advocate for them as well, in the areas of cost, transportation, and availability of services. Using non-federal funds, we provide for the emergency needs of victims and children for food, housing, and utilities. We provide for each family in need at the holidays with our annual food and toy drives. 17 Safe Havens: Supervised Visitation & Safe Exchange Program Applicant: Saint Lucie County 7. Program Specifications a. Scope of the visitation and exchange services: CFDA Number: 16.527 Funding Opportunity #: OVW-2010-2453 The purpose of Valued Visits is to provide a safe, secure place for children to visit a non- residential parent who poses an on -going risk to the child or to the residential parent. Valued Visits offers the following: Supervised Visitation: A safe one and one half hour visit between a non-residential parent and his/her child under the supervision of a trained monitor in a nurturing, educational, and safe environment. Visits are generally once per week, but are subject to court order. Monitored Exchange: a safe, supervised way for parents to exchange children for visitation. The centers are available for initial exchanges on Friday and for return exchanges on Sunday. b. Number of families to be served: Based on the history of the program, and the anticipated additional outreach efforts it is projected that the 75 families (150 parents & 200 children) will be served with an average of 14 visits per family for a total of 1,050 visits/exchanges during the first year of this proposal. c. Available services to meet the needs of underserved populations: The program will continue to employ a bi-lingual court liaison who will attend court on the days domestic violence hearings are held, and advocate for the use of supervised visitation with all clients who would benefit from this service. The court liaison also is on -call with the local domestic violence 18 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 shelter, and provides advocacy to Spanish speaking women using shelter services. As discussed in this proposal, we will be expanding our outreach efforts in the African American community to ensure that the availability of supervised visitation services is well known and understood. d. Demographics of Families Served: For the most recently completed year, 80% of families were White, 9% were Hispanic or Latino, 1 % were African American, and 1 % were Asian. In projecting for next project, we anticipate the number of African American families to increase. Our goal for demographics for the coming project is to increase the number of African American families utilizing the center to 20-25%. e. Hours of operation: Friday from 2pm-9pm; Sunday from 2pm-6pm; Monday from 4:30- 7:30pm. f. Program security: A uniformed law enforcement officer is on duty during all hours of operation. The officer uses a metal detecting wand to screen the non-residential parent. The officer monitors the lobby area and the parking lot. The officer is in constant contact with all visitation center staff through a multi channel two-way radio. All non-residential parents attend a mandatory orientation prior to their first visit. The orientation covers the rules and regulations of the center, the center's communication with the courts, and expected behavior during visits. All non-residential parents and children are photographed for identification purposes and these photographs are stored on computer disc to allow for quick transmission to law enforcement 19 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 should a criminal act take place. Staff wear golf shirts with a logo identifying them as staff of the program, so that children know immediately who to turn to if they feel uncomfortable or unsafe. Staggered arrival and departure times ensure that the non-residential parent does not see the residential parent. g. Record keeping and confidentiality: Client record: A record is kept of all contacts, assessments and services provided, including intake information, written correspondences concerning the client or case, reports to the court, cancellations, closures, referrals made, and written observations of staff. Report to the court: The program supervisor reports attendance and observable behaviors to the court as requested or court ordered. Any incident of a potentially harmful nature is reported immediately. All reports to the court are factual, objective and absent of any opinions, judgments or conclusions. Confidentiality: The center maintains all records in a discrete manner and does not disclose or participate in the disclosure of information relating to a case to any person who is not a party to the cause, except in reports to the court or as provided by law or court order. The center has a policy protecting information that might reveal the location of domestic violence victims and their children or any other information that is confidential, as provided by law or court order. 20 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 h. Referral process: A court order is received by Valued Visits. The center calls (or receives a call from) the parents. The non-residential parent comes to the center to register and pay (if court ordered to pay). An intake assessment is completed, and parents are scheduled for orientation. Orientation for non-residential parents is on a different night then orientation for residential parents, so that there is no contact. begin. After successfully completing orientation, visits i. Intake procedures: The intake assessment is conducted by supervised visitation center staff. Relevant information about the case, the parents, and the child is reviewed. The volatility of the case is reviewed, including a criminal background check. At orientation, the rules, policies, and procedures of the center are reviewed, and an agreement to cooperate with the rules is signed. j. Fee protocol: The fee is set by the court. The current rate is $15 per supervised visit, and $5 for a monitored exchange. The fee can be reduced or waved by the court, in cases where it is an obstacle to utilizing supervised visitation. A sliding scale fee policy ensures that victims are never turned away due to an inability to pay. k. Center staff. Valued Visits is operated with a Program Manager (full time, Bachelor's degree required), and a Site Supervisor (full time, Associate degree required). These employees manage the program. A Case Manager (part time/Associate degree required) assists families in scheduling appointments, and refers families to additionally needed resources. A Court Liaison (part time/Bachelor's degree required) attends court on the days domestic violence cases are 21 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 heard, and advocates for victims. Visitation Monitors (High School diploma required) supervise visits. All employees and volunteers receive in-service training consisting of two hours of orientation in practice, policies and procedures of the visitation center; five hours of shadowing visits prior to being assigned a family; eight hours of competency based training including child development, child abuse indicators, mental health, substance abuse, parental alienation, domestic violence, cultural diversity, sexual assault or stalking and crisis intervention; and five hours in the supervised visitation curriculum developed by the Florida Clearinghouse on Supervised Visitation. This equates to a minimum of 20 hours of training. Also, full time staff receives an additional 20 hours of training in relevant topic areas. These training requirements repeat yearly. Training is performed by consultants, SafeSpace, CASTLE, the Children's Services Council, United for Families, and the Department of Children and Families. 1. Composition and role of the consulting committee: The consulting committee is comprised of: representatives of child abuse and neglect services, the court, law enforcement, supervised visitation services, domestic violence services, attorneys and members from other local service providers. The role of the consulting committee is to provide services and consultation to Valued Visits, assist in referrals to and from the program, and continue to build a coordinated community wide response to domestic violence. 22 Safe Havens: Supervised Visitation & Safe Exchange Program Applicant: Saint Lucie County C. Who will implement the project? CFDA Number: 16.527 Funding Opportunity #: OV W-2010-2453 Saint Lucie County: is the grant applicant and lead entity. The role of the county is to prepare and send fiscal reports and invoices, and receive reimbursement from the grantor. The Exchange Club CASTLE: is the agency responsible for carrying out the project. The CASTLE appoints the Program Manager of Valued Visits to act as the Project Coordinator with duties to include operating the visitation centers, documenting service provision, overseeing collaborative participation by the community, preparing all services reports and financial reports necessary for reimbursement, and working with the county to insure all grant requirements are met. The CASTLE also provides the staff with training and expertise in the area of child abuse prevention. The 19 Judicial Circuit: court orders participants to the visitation center, participates in collaborative efforts and planning, contracts with the CASTLE to operate supervised visits and exchange sites, and allows the ordering of supervised visits and exchanges as early as the injunction. SafeSpace (The local domestic violence shelter and the local victim services program): upon intake for their programs, informs clients of the availability of the visitation center, in cases where usage of the center is appropriate, and trains visitation center staff in all relevant areas of domestic violence. These trainings occur at least quarterly. 23 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 Sheriff s Office: provides security during operating hours. Also, deputies, when responding to domestic violence calls, understand the nature of domestic violence and will follow policy which states that when there is probable cause, an arrest of the primary aggressor will be made with or without the victim's consent; victims will be informed of their legal rights and remedies and of the services available in the community, and reports will be made if a child is a witness to the violence. D. Sustainability Plan: We have had discussions with the local community based care provider (United for Families) about the unavailability of Safe Havens funds at the end of the proposed grant cycle (2013). Valued Visits has been able to demonstrate to United for Families the need in the community for supervised visitation and monitored exchange, and has developed a reputation for quality services, achieving two accreditations in the past year, and scoring well in both client satisfaction surveys, and community base surveys of agencies that utilize Valued Visits. We believe that these factors position us well to receive funding from United for Families in the future. We will continue to work with them on a 5-year plan to ensure that funding doesn't disappear in 2013 when the Safe Havens funding ends. In addition, the CASTLE has written and received funding from the local Children's Services Council, the United Way and local foundations for program enhancements, and has, as one of its goals, sustaining and increasing these funds. 24 Safe Havens: Supervised Visitation & Safe Exchange Program CFDA Number: 16.527 Applicant: Saint Lucie County Funding Opportunity #: OVW-2010-2453 We have a long history of seeking and obtaining funding from multiple sources for the programs we operate that are worthwhile and successful in serving the needs of the community. 25 ITEM NO. VI G5 - DATE: 03/09/10 i * R I , A AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) REVISED LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parris SUBMITTED BY: Community Services/Housing Division Housing Ma ge SUBJECT: Award of Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001184-6420-549605-600 CDBG DRI 2005 001113-6420-549605-600 CDBG Supplemental Disaster Recovery 001113-6420-549610-600 CDBG Supplemental Disaster Recovery PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of bid awards for one rehabilitation and five replacement housing projects under the St. Lucie County CDBG DRI Grants, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordinatbn/Slanatures County Attorney ( ) OMB Director 01� Budget Analyst Daniel S. McIntyre Originating Dept ( ) Beth Ryder Marie Gouin Sophia Holt kev ),C-XCA Community Services COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Mana DATE: March 9, 2010 SUBJECT: Award of Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids ITEM NO. VI —G5 Background: The CDBG DRI Grant is a federal program that provides funding for low-income residents located in communities that have been impacted by a natural disaster. Congress has appropriated additional funding for the CDBG program in the form of Disaster Recovery grants to assist with recovery. In order to decrease the potential for change orders, a cost estimate was prepared for each bid and bids falling 15 percent (15%) below or above the cost estimate were rejected. An Invitation for Bid (IFB) was advertised on January 24, 2010. On February 9, 2010, a mandatory project review with contractors was completed. February 23, 2010, bids were evaluated in compliance with the approved Housing Assistance Plan. Staff is recommending award to the following contractors: • IFB 4 (Replacement) to Hartnett Building Group located in Fort Pierce, for $82,550. • IFB 10 (Replacement) to A Thomas Construction, Inc. located in Fort Pierce, for $82,600. • IFB 11 (Replacement) to White Sands Construction located in Arcadia, for $82,450. • IFB 12 (Replacement) to White Sands Construction located in Arcadia for $82,550. • IFB 13 (Replacement) to Bilantar Construction USA, LLC located in Miami for $104,198. • IFB 14 (Rehabilitation) to Black Street Enterprises, Inc. located in Port St. Lucie for $20,711. On March 5, 2010, staff received a letter from The Griffith Law Firm, P.A. regarding a bid protest on IFB 3. IFB 3 will be awarded at a later date when the protest is resolved. All the above bids have incorporated green, energy efficient products, such as Energy Star appliances, solar hot water heaters, low flow faucets and Low-E impact windows. Agenda Item VI-G5 March 9, 2010 Page 2 Recommendation Board approval of bid awards for one rehabilitation and five replacement housing projects under the St. Lucie County CDBG DRI Grants, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Bid Tabulation ITEM NO. VI-H LL — DATE: 03/09/10 'COUNTY AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart 010 SUBMITTED BY: Growth Management Department Capital Improvements Manager SUBJECT: Proportionate Fair Share and Road Impact Fee Credit Agreement — Oceanic Transportation, Inc. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 1, 2009 — Growth Management Order GM-09-014 approved by Growth Management Director. RECOMMENDATION: Board authorization to advertise for a public hearing before the Board of County Commissioners on April 6, 2010 as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: JJ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney County Surveyor Daniel S. McIntyre County Engineer ( ) Originating Dept. ( ) Ar Michael Powley Mark Satterlee ERD Ron Harris Karen Smith COUNTY F L O R I D A Growth Management Department MEMORANDUM TO: Board of County Commissioners AA THROUGH: Mark Satterlee, AICP, Growth Management D FROM: Michael Brillhart, Capital Improvements Manager DATE: March 9, 2010 SUBJECT: Proportionate Fair Share and Road Impact Fee Credit Agreement — Oceanic Transportation, Inc. ITEM NO. VI-H Background: On December 1, 2009, Growth Management Order GM-09-014 was authorized by the Growth Management Director granting approval for the Oceanic Transportation minor site plan consisting of 160,069 square feet of parking area and 460 square feet of office space for a truck storage and distribution center located along West Orange Avenue. In accordance with Section 5.07(A) of the Land Development Code (LDC), Condition No. 5 of the Growth Management Order (attached) requires the developer to enter into a Proportionate Fair Share Agreement with St. Lucie County as a means of mitigating project transportation concurrency impacts on the Kings Highway at Orange Avenue intersection. The developer's proportionate fair share contribution is in the amount of $6,814.05. In addition, Section 5.07 (E) of the LDC allows the proportionate fair share contribution to be applied as a credit against road impact fees. A Proportionate Fair Share and Road Impact Fee Credit Agreement requires an advertised public hearing before the Board of County Commissioners. Recommendation: Board authorization to advertise for a public hearing before the Board of County Commissioners on April 6, 2010, as outlined in this agenda memorandum. PROPORTIONATE FAIR SHARE AND ROAD IMPACT FEE CREDIT AGREEMENT This Proportionate Fair Share and Road Impact Fee Credit Agreement (hereinafter 'Agreement) is made and entered into this day of 2010, Y and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County") and FRANK VEGA, a Florida limited liability company ("Developer"). WITNESSETH WHEREAS, the Board of County Commissioners has established by Ordinance No. 06- 04E the Proportionate Fair Share Program as required by and in a manner consistent with Section 163.3180(16), Florida Statutes; and WHEREAS, the Proportionate Fair Share Program allows developers under certain conditions to proceed with development notwithstanding a failure of transportation concurrency, by contributing their proportionate fair share of a transportation facility; and WHEREAS, the County has determined that the Developer's proposed project is eligible for the Proportionate Fair Share Program; and WHEREAS, in order to conform to the requirements of this Program, the County and the Developer agree to the conditions, rights and obligations established in this Agreement; and WHEREAS, the Proportionate Fair Share Program provides credits against road impact fees for proportionate fair share contributions; and WHEREAS, the County's adopted Road Impact Fee Ordinance provides credits for the provision of non -site related improvements on those roadways that are a part of the County's Road Impact Fee Eligibility network. NOW, THEREFORE, in consideration of the promises, mutual covenants, and conditions contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows: 1. Recitals. The above recitals are true and correct and form a part of this Agreement 5 \ATTY\A6REEMNT\Vega Prop Fair Share.wpd -1- 2. Project Identification The proposed Project is located on the property described in Exhibit "A" attached and is known as Oceanic Transportation, Inc.,as originally approved by Resolution GM-09-014. 3. Proportionate Fair Share The required road improvements that triggered application of the Proportionate Fair Share Program are intersection improvements at Kings Highway and Orange Avenue intersection. The total cost of the improvements identified herein is eleven million two hundred fifty thousand ($11,250,000) dollars and the Developer's proportionate fair share cost, based on the methodology set forth in Section 5.07.D.3, St. Lucie County Land Development Code ("LDC"), is six thousand eight hundred fourteen and 05/100 ($6,814.05) dollars. In consideration for providing the Proportionate Fair Share as described above, the Developer shall receive a certificate of capacity subject to the following conditions: A. If the Developer fails to apply for a development permit (including but not limited to a vegetation removal permit or building permit) within twelve months of the date of this Agreement, or fails to obtain an extension in accordance with any applicable provisions of the LDC, then the Agreement, and the certif icate of capacity approval shall be considered null and void, and the applicant shall be required to reapply. B. Any requested change to a development order may be subject to the additional Proportionate Fair Share contribution to the extent the change generates additional traffic that would require mitigation. C. If the Proportionate Fair Share contribution is cash payment, such payment is due in full no later than sixty (60) days after the approval of this Agreement. Said payment shall be non-refundable. 4. Road Impact Fee Credit Upon payment of the Proportionate Fair Share contribution, Developer is entitled to and is hereby awarded, a credit against road impact fees in the total amount of Six thousand eight hundred fourteen and 01/100 ($6,814.05) dollars, which credit is limited solely to the Property described in Exhibit "A." The Credit is not transferable to any other property and S:\ATTY\AGREEMNT\Vega Prop Fair Share.wpd -2- may only be applied against road impact fees for development on the Property described in Exhibit "A." 5. Governing Law. This Agreement and the rights and obligations created hereunder shall be interpreted, construed and enforced in accordance with the laws of the United States and the State of Florida. If any litigation should be brought in connection with this Agreement, venue shall lie in St. Lucie County, Florida. 6. Attorneys' Fees and Costs. The parties hereto agree that in the event it becomes necessary for either party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms and provisions of this Agreement, each party in such litigation shall bear its own costs and expenses incurred and expended in connection therewith including, but not limited to, reasonable attorneys' fees and court costs through all trial and appellate levels. 7. Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 8. Agreement. This Agreement contains the entire agreement between the parties. No rights, duties or obligations of the parties shall be created unless specifically set forth in this Agreement. 9. Amendment. No modif ication or amendment of this Agreement shall be of any legal force or effect unless it is in writing and executed by both parties. Al amendments must comply with the requirements of Section 5.07.F.8, LOC. 10. Binding Agreement. This Agreement shall inure to the benefit of and shall bind to parties, their heirs, successors and assigns. 5:\ATTY\AGREEMNT\Vega Prop Fair 5hare.wpd _3_ 11. Assignment. This Agreement may be assigned by the Developer to its successor in interest. Developer may assign all or part of the impact fee credit set forth in Section 4 above to its successors in interest to be used only for development on the property described in Exhibit "A." Within thirty (30) days of any assignment under this Agreement, Developer shall provide notice of such assignment to the County as set forth in Section 13 below, and all the terms and conditions set forth herein shall inure to the benefit of and shall bind all future assignees to the extent of such assignment. 12. Waiver. Failure to enforce any provision of this Agreement by either party shall not be considered a waiver of the right to later enforce that or any provision of this Agreement. 13. Notices. Any notice, request, demand, instruction or other communication to be given to either party under this Agreement shall be in writing and shall be hand delivered, sent by Federal Express or a comparable overnight mail service, or by U.S. Registered or Certified Mail, return receipt requested, postage prepaid, to County and to Developer at their respective addresses below: As to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to County's Legal Representative: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 As to Developer With a copy to Developer's Legal Representative: Oceanic Transportation, Inc. ATTN: Frank Vega 3523 NW 116" Street Miami, Florida 33167 5AATTY\A&kEEMNT\Ve9a Prop Fair 5hare.wpd '4' 14. Effective Date. Expiration of Certificate of Capacity. The effective date of this Agreement shall be The Certificate of Capacity issued pursuant to this Agreement shall expire on the same date that Resolution No. GM-09-014 expires. 15. Counterparts. This Agreement may be executed by the parties in any number of counterparts, each of which shall be deemed to be an original, and all of which shall be deemed to be one and the some Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. ATTEST: Deputy Clerk WITNESSES: 5:\ATTY\AGREEMNT\Ve9a Prop Fair 5hare.wpd -rJ— BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney FRANK VEGA BY: TITLE: 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 JOSEPH E- SMITH. CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 0 3417752 12A)4/2009 at 11:55 AM OR BOOK 315D PAGE 2324 - 2330 Doc Type: ORD RECOROWG: $61.0D GM-09-014 MNSP 920071327 AN -ORDER -OF THE-GROW-T-H-MANAGEMENT DIRECTOR GRANTING - APPROVAL FOR A MINOR SITE PLAN KNOWN AS OCEANIC TRANSPORTATION, INC. CONSISTING OF A TRUCK STORAGE AND DISTRIBUTON CENTER AND A 460 SQUARE FOOT OFFICE TRAILER ON 6.47 ACRES IN THE IL, INDUSTRIAL LIGHT ZONING DISTRICT ON CERTAIN PROPERTY SITUATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for minor site plan approval submitted by Frank Vega and reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. Oceanic Transportation. Inc. has proposed a truck storage and distribution center, and a 460 s. f. office trailer on 6.47 acres located on the east side of Boyd Road, approximately 800 feet north of Orange Avenue. 2. On June 11, 2009 the Development Review Committee reviewed the minor site plan for the proposed project and found it to meet technical requirements of the Land Development Code and to be consistent with the St. Lucie County Comprehensive Plan. 3. The project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code. 4. The project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 6. The project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The project is to be served by adequate public facilities and services. However, a well and septic system will be utilized until such time as public water and sewer is available in the future. 8. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. File No.: MNSP 920071327 GM-09-014 December 1, 2009 Page 1 I NOW, THEREFORE, BE IT ORDERED: 2 3 A. Pursuant to Section 11.02.03 (A) of the St. Lucie County Land Development Code, 4 the Minor Site Plan for the project to be known as Oceanic Transportation, Inc., is _5— -hereby-approved-as-shown-on-the-site plan (dated March-6, 2009 — prepared-by- 6 Culpepper and Terpening, Inc.) and the landscape plan (dated April 21, 2009 - 7 prepared by Conceptual Design Group, Inc.) for the project date stamped received by 8 the St. Lucie County Growth Management Department on April 27, 2009 is being 9 granted for the property described below, subject to the following conditions: 10 11 1. Prior to approval of a Notice of Vegetation Removal Permit or Exemption, the 12 applicant shall finalize an improvement agreement acceptable to Environmental 13 Resources covering the cost of landscaping. A copy of this agreement can be 14 obtained by visiting the St. Lucie County Environmental Resources Department 15 website at: htto:/AmNw-stlucieco.orci/erdAndex.htm. 16 17 2. Prior to approval :of a Notice of Vegetation Removal or Exemption, the applicant 18 shall have obtained and provided Environmental Resources Department with 19 copies of any required federal and state permits, including but not limited to a US 20 Fish and Wildlife Service (FWS) Incidental Take Permit and associated FWS 21 approved Habitat Conservation Plan. If federal or state agency compliance 22 requires modification to the development plans, the applicant will promptly modify 23 the plans and submit to St Lucie County for review and approval as required by 24 the LDC. The applicant will not use the County's development approval to 25 prevent compliance with any federal or state agency requirements. 26 27 3. Within ninety (90) days of issuance of a Vegetation Removal or Exemption 28 Permit, all Category I and II Invasive Exotic vegetation, as defined by the most 29 recent list by Florida Exotic and Pest Plant Council, shall be removed from the 30 site. 31 32 4. Prior to the issuance of a building permit, the owner shall be required to submit 33 well and septic permit applications concurrently to the Health Department for 34 review and approval. 35 36 5. Within ninety (90) days after final site plan approval the developer, successor 37 or assign shall enter into a Proportionate Fair Share Agreement, pursuant to 38 Section 5.07. F, acceptable to the Board of County Commissioners, in the amount 39 of $6,814.05 for the future intersection improvements at the Kings Highway and 40 Orange Avenue intersection. To the extent permitted under Section 5.07.E the 91 proportionate fair -share contribution shall be applied as a credit against Road 92 Impact Fees. 43 44 6. Within ninety (90) days of the date of the approval, the petitioner, his/her 45 successors or assigns, shall dedicate and convey to St. Lucie County, in manner 46 and form acceptable to the St. Lucie County Attorney, five (5) feet of additional 47 right-of-way for the expansion of Boyd Road along the east -west property line of 48 the adjacent property line of the subject property. A Florida Licensed Surveyor File No.: MNSP 920071327 GM-09-014 December 1, 2009 Page 2 1 shall prepare a sketch and legal description of the right-of-way donation. 2 Additional requirements associated with the right-of-way include proof of 3 ownership and Phase 1 Environmental Audit certified to the Board showing no 4 evidence of hazardous waste contamination on the right-of-way parcel. Said —5 - dedicationshallbe-by-general-warranty deed, free and clear of all liens--and-- encumbrances. 8 7. There shall be no outdoor storage of materials or goods on the property, with 9 the exception of truck trailers and serviceable vehicles. 10 11 B. Prior to the issuance of a building permit, the petitioner, their successors or 12 assigns shall obtain a North St. Lucie River Water Control District permit for the 13 surface water management system. 14 15 B. The property on which this Minor Site Plan is being granted is described as follows: 16 17 LEGAL DESCRIPTION: 18 19 A PARCEL OF LAND LYING IN THE SOUTHWEST '/+ OF THE NORTHEAST 20 % OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE 21 COUNTY, FLORIDA, LYING NORTH OF ORANGE AVENUE EXTENSION 22 (STATE ROAD 68) AND EAST OF THE N.S.L.R.W.C. DISTRICT CANAL NO. 23 57, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 24 25 COMMENCE AT THE NORTHEAST CORNER OF LOT 1, BLOCK --C" 26 CARBOY INDUSTRIAL PARK — UNIT ONE, ACCORDING TO THE PLAT 27 THEROF AS RECORDED IN PLAT BOOK 28, PAGE 13, OF THE PUBLIC 28 RECORDS, OF ST. LUCIE COUNTY, FLORIDA AND A POINT LYING 360.01 29 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST % OF THE 30 NORTHEAST % SASID SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 31 EAST; THENCE NORTH 89 DEGREES,14 MINUTES, 39 SECONDS WEST*, 32 PARALLEL WITH SAID NORTH LINE OF SOUTHWEST 1/4 OF THE 33 NORTHEAST % OF SAID SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 34 EAST, A DISTANCE OF 674.38 FEET, TO THE EAST LINE OF SAID 35 SOUTHWEST % OF THE NORTHEAST % OF SAID SECTION 12, TOWNSHIP 36 35 SOUTH, RANGE 38 EAST; THENCE SOUTH 00 DEGREES, 02 MINUTES, 37 05 SECONDS EAST ALONG SAID EAST UNE A DISTANCE OF 396.61 FEET, 38 TO THE NORTH LINE OF PROPERTY DESCRIBED IN OFFICIAL RECORDS 39 BOOK 469, AT PAGE 39, OF THE PUBLIC RECORDS, OF ST. LUCIE 40 COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES, 56 MINUTES, 45 41 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 536.69 42 FEET, TO THE EAST LINE OF TRACT'-B" (STORMWATER MANAGEMENT), 43 OF SAID CARBOY INDUSTRIAL PARK UNIT ONE; THENCE NORTH 00 44 DEGREES, 02 MINUTES, 05 SECONDS WEST ALONG SAID EAST LINE A 45 DISTANCE OF 154.18 FEET TO THE NORTHEAST CORNER OF SAID TRACT 46 --B-- A DISTANCE OF 141.09 FEET TO THE SOUTHEAST CORNER OF LOT 1, 47 BLOCK "C", A DISTANCE OF 250.00 FEET RETURNING TO THE POINT OF File No.: MNSP 920071327 GM-09-014 December 1, 2009 Page 3 1 2 3 4 —5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 BEGINNING. TOGETHER WITH: L-OT-1-BL-OC-K-"C-'-ACCORDING TO -THE PLAT OF CARBOY INDUSTRIAL PARK - UNIT ONE. BOTH PARCELS CONTAINING 6.473 ACRES, MORE OR LESS C. The approvals granted by this administrative order shall expire on December 1, 2011 unless building permits are issued or an extension is granted in accordance with the provisions of Section 11.02.06 (A) of the St. Lucie County Land Development Code. D. The Final Site Plan approval granted under this order is specifically conditioned to the requirement that the petitioner, Frank Vega including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan application. G. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. H. This order shall be recorded in the Public Records of St. Lucie County. [LINES 38-47 ARE INTENTIONALLY LEFT BLANK] File No.: MNSP 920071327 December 1, 2009 GM-09-014 Page 4 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER effective the 1 st day of December, 2009. GROWTH MANAGEMENT DIRECTOR - -ST: L-UC—IE-COUNTYIFLORIDA — --- "P 0'-- C) BY I " �n Mark Satterlee, AICP Growth Management Director APPROVED AS TO FORM AND CORRECTNESS: BY JNJ GAPLANNINWROJECT FILES\Oceanic Transportation, Inc. MNSP 920071327/GM Order 09-014.doc File No.: MNSP 920071327 December 1, 2009 GM-09-014 Page 5 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Exhibit A Certificate of Capacity File No.; MNSP 920071327 December 1, 2009 GM-09-014 Page 6 St Lucie County Certificate of Capacity Date 11/23/2009 Certificate No. 2840 --This-document-certifies-that _concurrencLy_will-ba-met _andshat _adequate_public_faciiity_______... . capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development 09-014 Number of units 1 Number of square feet 460 2. Property legal description & Tax ID no. 2212-500-0015-000-0 800 ft. north of Orange Ave., east of Boyd Rd Oceanic Transportation 3. Approval: Building Resolution No. 09-014 Letter 12i1i09 4. Subject to the following conditions for concurrency: Owner's name Frank Vega Address 3523 116th Street Miami FL 33167 6. Certificate Expiration Date 12/1/2011 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent develo t order(s) issued for the same property, use and size as described herein. 1 Signed Date: 11/23/2009 Growth Management Director St Lucie County, Florida Monday, November 23, 2009 Page i of 2 F0 COCINTY F LORI D A AGENDA REQUEST ITEM NO. VI -I DATE: 03/09/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Prison Health Services Inmate HIV Medications Invoice for January, FY 09-10. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval for payment of Prison Health Services invoice number PHS0007249 for HIV medications for the period of January 01, 2010 through January 31, 2010, in the amount of $39,082.06. COMMISSION ACTION: (, APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X) OMB Director Budget Analyst (Daniel S. McIntyre) Originating Dept. ( X) ERD ((Daniel J. (X) (Marie Gouin) (Name) Human Resources/Risk Management •NTY MEMORANDUM TO: Board of County Commissioners�� THROUGH: Carl Holeva, Human Resources irD ecto� FROM: Daniel J. Lutzke, Risk Manager &4,t+ DATE: March 9, 2010 SUBJECT: Prison Health Services Inmate HIV Medications Invoice for January, FY 09-10. ITEM NO. VI -I Background: Prison Health Services (PHS) acts as a third party administrator for St. Lucie County jail inmate health care and manages, administers and pays for inmate medications and out -patient medical services provided to inmates by off -site medical providers. PHS is now requesting reimbursement from the County for January 2010 inmate HIV medication costs in accordance with Florida Statute F.S. 901.35 which states that the medical services provider shall be reimbursed from the general fund of the County when no other source of payment is available. The Board has previously approved FY 09/10 inmate HIV medication payments of $147,759.23, first quarter Out -Patient Medical Costs of $475,003.61 and prior FY late Out -Patient Medical costs of $410,923.16. Those costs and this invoice result in a total inmate medical cost paid to date for FY 09-10 of $1,072,768.06. The Board has established a FY 09-10 total budget of $1,850,000 for inmate medical care. Attachments Prison Health Services Invoice number PHS0007249 in the amount of $39,082.06. Certification of invoice number PHS0007249 by Sheriffs Consultant, Alliance Medical Management. Recommendation Board approval for payment of Prison Health Services invoice number PHS0007249 for HIV medications for the period of January 01, 2010 through January 31, 2010, in the amount of $39,082.06. d Ok Prison Health Services, Inc. 105 Westpark Drive, Suite 200 Brentwood, TN 37027 1-800-729-0069 ext. 338 ST LUCIE COUNTY SHERIFF'S DEPT ATTN: TOBY LONG 4700 WEST MIDWAY ROAD FORT PIERCE, FL 34981 Customer Number: 1534B ID# 23-2108853 Aggregate CAP HIV Meds for the Period of January 1-31, 2010 Amount Due: Remit Payment To: Prison Health Services, Inc. 12464 Collection Center Drive Chicago, IL 60693 Payment Due Date: March 21, 2010 $39,082.06 Invoice Number: PHS0007249 Account Terms: NET 30 DAYS * * * PLEASE DOCUMENT IF INVOICE IS NOT PAID IN FULL February 19, 2010 $39,082.06 t MONTHLY INVOICE St. Lucie County, FL Contract Year: October 1, 2009 through September 3o-3010-- - H!V Medications For the month ended: January 31, 2010 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ _ Annual Aggregate Total: $ _ 100% bill back over $ _ Pharmacy - HIV Meds YTD: See Attached 39,082.06 Amount Due - January 2010 $ 39,082.06 Psi February 23, 2010 Mr. Dan J. Lutzke, CSP, CDS, ARM, ARM-P St. Lucie County BOCC — Risk Manager 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Mr. Lutzke: This letter is to inform you that I have received PHS' invoice #PHS 0007249 dated February 19, 2010 for the amount of $39,082.06. It is the correct invoice amount for HIV Meds for the period of 01/01/10 — 01/31/10. Please let me know,WIT'Sw%be of further assistance. Philip �cher, President Alliandical Management ITEM NO. VI-J I DATE: 3/9/10 AGENDA REQUEST REGULAR l ) PUBLIC HEARING ( ) LEG. ( 1 QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. VP SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: Road Improvement Agreement with ECM Group BACKGROUND: ROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Minor site plan approval on August 12, 2009 RECOMMENDATION: Board approval of the Road Improvement Agreement with ECM Group and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (>Q APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( x) OMB Director ( ) Budget Analyst Daniel McIntyre Originating Dept. ( x ) D ald West cc: Finance Virginia Ave Medical Center RIA .ag (Marie Gouin) County Engineer (x) hi VP Michael Powley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: DATE: SUBJECT: ITEM NO. Backaround: Michael Powley, County Engineer March 9, 2010 Road Improvement Agreement with ECM Group VI-J ECM Group, developer of the proposed Virginia Avenue Medical Center, was granted minor site plan approval on August 12, 2009 (GM Order 09-010). The project is located on the south side of Virginia Avenue between South 38th Street and South 39th Street. As a condition of approval, the developer is required to construct right-of-way improvements to portions of South 38th Street and South 39th Street. The improvements to be constructed include sidewalks, drainage swales and travel lanes. As part of the right-of-way permitting process, the developer is required to enter into a Road Improvement Agreement (Attachment A) and provide surety in the amount of $157,090.17 (Attachment B). Recommendation: Board approval of the Road Improvement Agreement with ECM Group and authorization for Chairman to sign documents as approved by the County Attorney. Attachment A ROAD IMPROVEMENT AGREEMENT IS ROAD IMPROVEMENT AGREEMENT, is entered into this 154- day of 20 09 , by and between ECM Group, Inc. (the "Developer"), and ST. LUCIE 0te a political subdivision of the State of Florida, (the "County"). WITNESETH: WHEREAS, the Developer is commencing proceedings to develop land in St. Lucie County; and WHEREAS, the Developer proposes to construct certain road improvements to the satisfaction of the County, and NOW THEREFORE, in consideration of the mutual promises contained herein, the Developer and County agree as follows: 1. COMPLETION OF REQUIRED ROAD iMpRovEMENTSIOWNERSHIP. The Developer agrees to satisfactorily complete the required improvements (the °improvement for the above referenced development within twelve (12) months from and after the signing of this Agreement according to the construction plans approved by the County Engineer. The Improvements are more particularly set forth on those certain plans drawn by the Developer's en ineerS, Friscie Engineering , dated 11/24/09 . Upon completion, the ownership of the Improvements shall be conveyed to the County by Will of Sale free and clear of all liens and encumbrances. 2. SECURITY. The Developer agrees to provide the County with security in a form �.� » acceptable to the County Attorney in"the amount of =30edollars ($ 75.090.1 , representing 115% of the estimated cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer. This amount includes the fifteen percent (15%) to be retained for a period of one (1) year and thirty (30) days from the date the improvements are conditionally accepted by the St. Lucie County Board of County Commissioners to provide for maintenance of the improvements and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 3. REDUCTION OF AMOUNT OF SECURITY. The amount of the security may be reduced once during the term of this Agreement upon the completion of a portion of the Improvements by the Developer and upon inspection and acceptance by the County. In no event, however, shall the amount of the security be less than one hundred percent (1000/6) of the cost of completing the remaining Improvements plus fifteen percent (150/6) of the total cost for construction of all the Improvements. 4. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 5. FAILURE TO COMPLETE IMPROVEMENTS. It is further understood and agreed by g:\a*l groupfMoad Improvement Agreement -1- and between the parties to this Agreement that, in the event Improvements are not constructed within twelve (12) months from the date of the recording of the above referenced plat, the County shall have and is hereby granted the right to cause the Improvements to be made and to use the security provided herewith for payment of all costs and expenses incurred in the construction thereof, including but not limited to, engineering, surveying, constriction, legal and contingent costs. Furthermore, it is agreed by the parties hereto that County shall be reimbursed from the security provided for any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all of the provisions of this Agreement. In the event of Developer's failure or refusal to construct and install the Improvements in accordance with the terms of this Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In the event that the total costs incurred in construction and full completion of the improvements shall exceed the amount of security provided, such additional costs shall be paid by Developer on written demand by the County Engineer. 6. RELEASE OF SECURITY. Upon completion of construction of all Improvements, the Developer's engineer shall certify that the improvements have been constructed in accordance with the approved plans. When the improvements have been certified bythe Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting toWcontrol data furnished by the Developer's engineer. If all Improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners. The Developer's security, minus the fifteen percent (15%) to be held as security for maintenance, shall then be released. 7. INTERPRETATION: VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be govemed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southem District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Agreement shall be the date on which this Agreement is approved by the Board of County Commissioners. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 9.\atty\1 groupfMoad Improvement Agreement - 2 - WITNESSES: W ." s JoWph T. Friscia, P.E. XX BY: Printwr perry .�awua�i Title: President, ECM Group Inc. g:\atty\l groupfo\Road Improvement Agreement - 3 - Attachment B Project: Virginia Avenue Medical Office Bond Estimate for Offsite Improvements I Job # 09-1182 RR Calcd By: RR F�II�IG Ckd By: J.T.F. &WNW. Pdm Vi.a Bhd, e«ts4 Lw;t, FL&M Date: 09-30-09 rn: (774)au►-a FAX: (772)�7� Bra & FBPE Rev 11 /24/09 �,e na EARTHWORK: QUANTITY UNIT COST TOTAL S. 38TH STREET & S. 39TH STREET MOBILIZATION (Approx 5% of Const. Costs) 1 LS $6,100.00 $6,100.00 SEDIMENT & EROSION CONTROLS 1 LS $1,500.00 $1,500.00 EARTHWORK & GRADING (ROUGH & FINE) 1 LS $5,000.00 $5,000.00 FILL 327 CY $10.50 $3,433.50 SOD 1,094 SY $1.50 $1.641.00 SAWCUT EXISTING ROADWAY 180 LF $1.50 $270.00 REMOVAL OF EXISTING RECYCLED ASPHALT PAVEMENT 1,276 SY $10.00 $12,760.00 MAINTENANCE OF TRAFFIC 1 LS $2,000.00 $2,000.00 ROADWAY: S. 38TH STREET SP-12.5 SUPERPAVE ASPHALTIC CONCRETE - 1.5" THICK PRIMECOAT 7" BASE ROCK (LBR 100) 12" STABILIZED SUBGRADE (LBR 40) FDOT DROP CURB SUBTOTAL EARTHWORK $32,704.50 QUANTITY UNIT COST TOTAL 907 SY $10.00 $9,070.00 907 SY $0.25 $226.75 935 SY $14.50 $13,557.50 963 SY $8.50 $8,185.50 18 LF $15.00 $270.00 ROADWAY (CONT.): QUANTITY UNIT COST TOTAL FDOT TYPE 'D' CURB 12 LF $15.00 $180.00 4" THICK CONCRETE SIDEWALK 137 SY $27.00 $3,699.00 THERMOPLASTIC (WHITE)(SOLIDx6") 433 LF $0.75 $324.75 THERMOPLASTIC (WHITE)(SOLID)(17') 30 LF $1.20 $36.00 THERMOPLASTIC (WHITEXSOLID)(24") 26 LF $2.50 $65.00 S. 39TH STREET SP-12.5 SUPERPAVE ASPHALTIC CONCRETE - 1.5" THICK 990 SY $10.00 $9,900.00 PRIMECOAT 990 SY $0.25 $247.50 7" BASE ROCK (LBR 100) 1,017 SY $14.50 $14,746.50 17STABILIZED SUBGRADE (LBR 40) 1,043 SY $8.50 $8,865.50 FDOT TYPE'F' CURB & GUTTER (INCL. DROP CURB) 35 LF $15.00 $525.00 H:\Spreadsheets\Cost Estimates\SLCWirginia Ave Medical Offsite Cost Estimate.xls Page 1 of 2 4" THICK CONCRETE SIDEWALK 132 SY $27.00 $3,564.00 FDOT GRAVITY WALL 1 EA $900.00 $900.00 HANDRAIL 15 LF $20.00 $300.00 THERMOPLASTIC (WHITE)(SOLID)(6") 423 LF $0.75 $317.25 THERMOPLASTIC (WHITE)(SOLID)(12") 92 LF $1.20 $110.40 THERMOPLASTIC (WHITE)(SOLID)(24") 26 LF $2.50 $65.00 TRUNCATED DOME MAT 92 SF $30.00 $2,760.00 SUBTOTAL ROADWAY 1 $78,096.65 DRAINAGE: QUANTITY UNIT COST TOTAL S. 38TH STREET 15" RCP 66 LF $35.00 $2,310.00 INLET, TYPE'C' 1 EA $1,500.00 $1,500.00 MITERED END SECTION 2 EA $500.00 $1,000.00 DRAINAGE (CONT.): QUANTITY UNIT COST TOTAL S. 39TH STREET 15" RCP 314 LF $35.00 $10,990.00 INLET, TYPE'C' 2 EA $1,500.00 $3,000.00 MITERED END SECTION 2 EA $500.00 $1,000.00 SUBTOTAL DRAINAGE 1 $19,800.00 CONSTRUCTION SUBTOTAL 1 $130,600.15 MISCELLANEOUS: QUANTITY UNIT COST TOTAL MAINTENANCE OF TRAFFIC 1 LS $2,000.00 $2,000.00 RECORD DRAWINGS 1 LS $1,500.00 $1,500.00 LAYOUT & TESTING 1 LS $2,500.00 $2,500.00 SUBTOTAL MISC. 1$6,000.00 PROJECT SUBTOTAL 1 $136,600.15 CONTINGENCY (15%) 1 $20,490.02 GRAND TOTAL 1$167,090.17 Joseph T. Friscia, P.E. PE # 31443 H:\Spreadsheets\Cost Estimates\SLC\Virginia Ave Medical Offsite Cost Estimate.xls Page 2 of 2 ITEM NO. VI — J2 0 AGENDA REQUEST DATE: 3/9/2010 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West SUBMITTED BY: Public Works - Administration Public Works Dir ctor SUBJECT: Paradise Park Stormwater Improvements Phase 2; South Florida Water Management District (SFWMD) Amendment No. 1 — Time Extension BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Amendment No. 1 for time extension to contract No. 4600001221 with SFWMD for Paradise Park Stormwater Improvements Phase 2 project as outlined in the agenda memorandum and signature by the Chairman. COMMISSION ACTION: (j APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) Dan McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Originating Dept. ( ) W ' Don Id B. West ERD () -i-- — Marie Gouin Public Works Department TO: Board of County Commissioners FROM: Donald B. West, Public Works DirectorW DATE: March 9, 2010 SUBJECT: Paradise Park Stormwater Improvements Phase 2; SFWMD Amendment No. 1 — Time Extension ITEM NO. VI — J2 Backaround: Paradise Park Subdivision consists of approximately 168 acres located between North 15"' and North 23'd Streets and between two drainage canals: SFWMD Canal 25 (C-25) and Ft. Pierce Farms Water Control District (FPFWCD) Canal 1. The subdivision was developed in the 1960's before State water quality regulations, and has poor stormwater conveyances and lacks stormwater treatment. During rain events, stormwater outfalls directly into the two canals, both of which discharge into the Indian River Lagoon by means of Taylor Creek. Project improvements include drainage swales, dry detention ponds, and control structures for pretreatment and conveyance of stormwater. This system will dramatically reduce outfall of fresh water and stormwater pollutants from Paradise Park into the Indian River Lagoon. Phase 1 of this project was completed in May 2007. The current grant allocation of $500,000 is assisting with construction expenses associated with Phase 2. St. Lucie County's cost share is $500,000 totaling $1,000,000 toward the total project costs for Phase 2 of the Paradise Park retrofit. The original project completion date was March 10, 2010. This amendment will extend the grant deadline to July 10, 2010. This extension will allow the County to complete the project and recover the remaining funds available from the granting agency. Previous Action: February 12, 2008 — Board approval of Local Governmental Agreement with SFWMD in the amount of $500,000.00 (50%) for Paradise Park Stormwater Improvements — Phase 2. Estimated total project cost of $1,000,000.00. Recommendation: Board approval of Amendment No. 2 for time extension to contract No. 4600000621 with South Florida Water Management District for Lakewood Park Canal Control Structures Stormwater Drainage and Water Quality Improvement project as outlined in the agenda memorandum and signature by the Chairman. 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4600001221-A01 AMENDMENT NO. 01 TO CONTRACT NO.4600001221 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 11, 2008 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 10, 2010. Regardless of the actual date of execution, this AMENDMENT NO. 01 shall be effective on March 10, 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. 0l to No 4600001221- -- Page 1 of 2 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4. All other terms and conditions of the CONTRACT, as amended, remain unchanged. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO.01 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT SFWMD PROM APPtovID By: .GG�Gi Date: - !0 - �o �D Ze7_ Frank Hayden, Procurement Director ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Title: Amendment No. 01 to No 4600001221- — Page 2 of 2 EXHIBIT "Bl" PAYMENT AND DELIVERY SCHEDULE 4600001221-A01 TASK DELIVERABLE SCHEDULE DISTRICT (time from PAYMENT contract execution Task 1: One copy of progress On -going Quarterly report every quarter Progress throughout the Reports duration of the contract Task 2: One copy of Complete Permitting construction permits and one copy of rogress re rts Task 3: One copy of progress June 2010 $495,000 Construction Task 4: Final re As One Engineers July 2010 $5,000 Inspection Certificate of Completion Total District $500,000 Pa went ITEM NO. VI — J3 DATE: 3/9/2010 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West SUBMITTED BY: Public Works - Administration Public Works Dirrctor r SUBJECT: Indian River Estates Stormwater, Federal Emergency Management Agency (FEMA) Project No. 1561-135-R Modification No. 1 —Time Extension BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Modification No. 1 for time extension to contract No. 1561-135- R with FEMA for Indian River Estates Stormwater as outlined in the agenda memorandum and signature by the Chairman. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) Ff OMB Director ( ) Dan McIntyre Marie Gouin Originating Dept. ( ) LAM - ERD ( ) Don d B. West Public Works Department MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director (11w DATE: March 9, 2010 SUBJECT: Indian River Estates Stormwater, FEMA Project No. 1561-135-R Modification No. 1 —Time Extension ITEM NO. VI — J3 Background: In April 2005, County staff submitted a grant application to the FEMA. Hazard Mitigation Grant Program for funding in the amount of $4.19 million for the construction of the Indian River Estate/Savannas Water Retention Facilities Retrofit Project Phase 2. Phase 1 consisted of the construction of a pump station and the water retention facilities and was completed in early 2009. St. Lucie County partnered with the South Florida Water Management District, Florida Department of Environmental Protection, and the Indian River Lagoon National Estuary Program to design and construct the first segment. Currently, we are partnering with FEMA to design and construct the storm water collection and conveyance system. This current grant allocation of $116,243 is assisting with design expenses associated with Phase 2. St. Lucie County's cost share is $38,747 totaling $154,990 toward the total design costs for this phase of the Indian River Estates retrofit. The original grant completion date was November, 14, 2009. This modification will extend the grant deadline to November 14, 2010. This extension will allow the County to move toward design and recover the remaining funds available from the granting agency. Previous Action: April 19, 2005 — Board approved submittal of grant application to the FEMA Hazard Mitigation Grant Program. January 27, 2009 — Board accepted the agreement from FEMA Hazard Mitigation Grant Program in the amount of $116,243, requiring a 25% match or $38,747, for a total project cost of $154,990. March 17, 2009 — Board approved Budget Resolution No.09-039 in the amount of $116,243 from FEMA for Indian River Estates Storm Water Improvements Phase 2. Recommendation: Board approval of Modification No. 1 for time extension to contract No. 1561-135-R with FEMA for Indian River Estates Stormwater as outlined in the agenda memorandum and signature by the Chairman. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT CHARLIE CRIST Governor February 9, 2010 Mr. William Hoeffner Principal Engineer Saint Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 DAVID HALSTEAD Interim Director Re: FEMA Project Number 1561-135-R, St. Lucie County, Indian River Estates, Drainage Project Dear Mr. Hoeffner: Please print four copies of the attached, proposed modification agreement between St. Lucie County and the Division of Emergency Management (DEM). The official representative, as listed below, will need to sign the signature page of each modification. All four (4) copies of the modification should then be sent to the Tallahassee address listed below for full execution no later than ninety (90) days after receipt of this letter. One fully executed modification will be returned to St. Lucie County for its files. Additional assistance is available regarding your Project on the Florida Division of Emergency Management Website: httT)://www.floridadisaster.orp,/Mitimation/Hazard/index.htm. Please reference the heading: `Grant Management Tools Listed Below', which contains sample documents that will provide guidance for completing requests for reimbursement, reporting requirements and supporting documents containing important points, and sub grantee close-out checklists. Official Representatives: County: Chairman of the Board of Commissioners City: Mayor Indian Tribe: Chief or President Water Management District: Chairman Non -Profit: Chairman of the Board If there is an official that is not listed above who is authorized to sign the modifications for your organization, please provide a copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign. FLORIDA RECOVERY OFFICE - DIVISION HEADQUARTERS - STATE LOGISTICS RESPONSE CENTER 36 Skyline Drive 2555 Shumard Oak Boulevard 2702 Directors Row Lake Mary, FL 32746-8201 Tallahassee, FL 32399.2100 Orlando, FL 32809-5831 Tel: 850-413-9969 - Fax: 850-488-1016 www.FloridaDisaster ora Mr. William Hoeffner February 9, 2010 Page Two If you have questions regarding this modification or who is authorized to sign it, please call Velma Ellis at (407) 268-8630 and Carly Miller at (407) 268-8637. Respectfully, Miles E. Anderson, State Hazard Mitigation Officer 33,r Bureau of Recovery and Mitigation 1p"' Mitigation Section MEA/velcm/It Attachment Agreement Number: 09HM-23-10-66-01-012 Project Number: 1561-135-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND SAINT LUCIE COUNTY This Modification Number One is made and entered into by and between the State of Florida, Division of Emergency Management, ("the Division"), and Saint Lucie County ("the Recipient') to modify DEM Contract Number:09HM-23AO.66-01-012, dated February 18, 2009 ("the Agreement"). WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to Recipient under the Hazard Mitigation Grants Program of $120,343.00; and WHEREAS, the Agreement expired on November 14, 2009; and WHEREAS, the Division and the Recipient desire to reinstate the Agreement and to extend the term of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: The Agreement is hereby reinstated as though it had never expired. Paragraph 3 of the Agreement is hereby amended to read as follows: This Agreement shall begin November 14, 2008, and shall end November 14, 2010, unless terminated earlier in accordance with the provisions of paragraph (12) of this Agreement. 3. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. 4. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 5. Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative closeout report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out below. RECIPIENT: SAINT LUCIE COUNTY f Name and Title: Date: DIVISION OF EMERGENCY MANAGEMENT Ln Name and Title: David Halstead, Interim Director Date: Attachment A (Revised Budget and Scope of Work Scope of Work As a Hazard Mitigation Grant Program project, the Recipient, St Lude County, proposes to improve the drainage within the Indian River Estates Community by constructing a drainage system capable of solving or reducing a flooding problems in the area. The recommended solution consists of installation of and improvements to a gravity stormwater system, placing control structures in the ditches of the subdivision that drain directly to the Savannah State Preserve, installation of a sewer interception line. A phase 1 study will be conducted to determine modifications needed to improve and upgrade the existing drainage system. The completed construction project will minimize recurring flooding and reduce repetitive flood loss to properties. The completed project will significantly reduce damages for 10, 25, 50 and 100-year events. Phase I will provide funding for completion of design, permitting and geotechnical surveying process for this proposal. The Phase I deliverables should: • Have an engineer's plan that dearly shows the engineer's estimate of the pre and post -mitigation effects of the proposed project and the relationship of the damages to be mitigated (commensurate with the level of funding requested). This includes, but is not limited to, the existing and proposed hydrology and hydraulics for the level of event being mitigated. • Demonstrate mitigation effectiveness, in part, by showing the physical location(s) and elevation(s) of the infrastructure/structures that is being damaged and the Federal Emergency Management Agency (FEMA) Special Flood Hazard Areas on the same plan. • Meet all required environmental laws and policies. All environmental permits and approvals/concurrences must be obtained.. A public notice must be published to notify Interested parties of the proposed activity. Notices must be published in a manner that anyone that may be affected or interested in this project has access to the posting. The comment period expired and all comments addressed prior to initiating any construction activities. • Refine the cost estimate. A new Benefit Cost Analysis will be performed using the revised information. • Provide a set of community approved, State reviewed construction plans (sealed) for review and comment including milestones and timelines for completion of the final phase of the project and bid documents/award. Phase I of this is approved with the condition that the above list of deliverables will be submitted for review and -approval by State and FEMA before Phase II is considered. No construction work may begin until phase is approved. This is FEMA Project 1561-135-R, funded under 1561-DR-FL. The Period of Performance for this project ends on November 14, 2010. Schedule of Work Phase I: State Contracting: 6 Months Phase I: Engineering Design, Survey, Envir. Permitting: 3 Months 10 Days Total Period of Performance: 9 Months 10 Days 15 Line Item Budaer Phase I — Permits, Fees & Designs: Sub -Total: Administrative Cost: Total: Project Cost Federal Share Local Share $154.990.00 $116,243.00 $38,747.00 $154,990.00 $116,243.00 $38.747.00 $ 0.00 $ 4,100.00 $ 0.00 $154,990.00 $120,343.00 $38,747.00 Any line item amount in this Budget may be increased or decreased 10% or less without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. Funding Summary Federal Share: $116,243.00 (75%) Local Share: $ 38,747.00 (25%) Total Project Cost: $154.990.00 (100%) Recipient Administrative Allowance up to $4.100.00 16 ITEM NO. VI — J4 — DATE: 3/9/10 COUNTY • R I r A AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: BOARD OF COUNTY COMMISSIONERS Public Works Administration Lakewood Park Phase 1 See attached memorandum. PRESENTED BY: Donald B. West �� - Public Works Direrctor 102001-3725-563000-425047 SFMWD — MSTU, Stormwater Management. See attached memorandum. RECOMMENDATION: Board approval of Change Order No. 3 with American Engineering and Development Corp. in the amount of $20,442.13 for Lakewood Park Phase 1 canal control structures, and authorization for the Chairman to sign contract documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (A) OMB Director (x ) Budget Analyst //. 3 Daniel McIntyre Marie Gouin Originating Dept. (X ) W - Don Id B. West ERD ( ) Karen Smith Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director��W DATE: March 9, 2010 SUBJECT: Lakewood Park Phase 1 ITEM NO. VI — J4 Background: This project involves replacement of the three primary water control structures with adjustable outfalis to provide maximum flexibility for stormwater management under varying conditions. The primary goals of this stormwater improvement project are flood control and groundwater recharge, accomplished by managing canal stages at optimum levels under variable conditions. The ability to provide pre -storm drawdown of the water in the Lakewood Park canals will maximize storage volume and provide enhanced flood protection during the wet season. Fort Pierce Farms Water Control District (FPFWCD) has agreed to allow the County to install the desired operable gates. An operations agreement between County and FPFWCD will guarantee that the permit limitations for Lakewood Park will not be violated. County staff has determined that a catwalk is needed to provide safe access to the operational gate at the Seminole Canal structure. A chain link fence is needed to provide secured access to the operational gates at Eastwood and Seminole canals. These additional features will require a Change Order from the Contractor, as the operational gates were not included in the original design drawings and permits. The Contractor has submitted the attached proposal (Attachment "A") as Change Order No. 3, (Attachment "B") to construct the project with the fence and catwalk in the amount of $20,442.13. Previous Action: March 1, 2005 — BOCC approval of Work Authorization #16 with Hazen & Sawyer for design of Lakewood Park Phase 1 Improvements in the amount of $149,190. February 13, 2007 — BOCC approval of grant contract with South Florida Water Management District for Phase 1 construction in the amount of $250,000. April 28, 2009 — BOCC award of construction contract to American Engineering and Development Corp. in the amount of $116,870. August 25 2009 — BOCC approval of change order no. 1 with American Engineering and Development Corp. in the amount of $16,871. November 3, 2010 — BOCC approval of change order no. 2 with American Engineering and Development Corp. in the amount of $58,054. Recommendation: Board approval of Change Order No. 3 with American Engineering and Development Corp. in the amount of $20,442.13 for Lakewood Park Phase 1 canal control structures, and authorization for the Chair to sign contract documents as approved by the County Attorney. Attachment "A" — Change Order Proposal from American Eng & Dev Corp Attachment "B" — Change Order No. 3 & Spreadsheet (2 Pages) III Attachment A American Engineering s Development lt!L Corporation AEDC PROJECT NO: 09-831 HCSS No.: CHANGE ORDER PROPOSAL TO: St. Lucie County Public Works CHANGE ORDER NO. 04 Attn: Don West DATE: February 18, 2010 7300 Virginia Avenue PROJECT: Lakewood Park Fort Pierce, FL 34982-5652 AEDC Job #: 09-831 We hereby propose to perform the following work: Furnish and install a Galvanized Grate (Catwalk) w/handrails and a lockable $ 13,155.00 swing gate at the Seminole Canal structure, and a 6 ft high commercial grade galvanized chain link fence w/6 ft swine gate at the Eastwood Canal structure. A. Furnish & Install a Galvanized catwalk na Seminole Canal Structure Fabrication of Catwalk 1 LS @ $ 5,466.00 = $ 5,466.00 Labor and Installation 1 LS @ $ 2,974.00 = $ 2,974.00 B. Furnish & Install a 6 ft Galvanized chain link fence w/ a 6ft lockable swine gate (a) Eastwood Canal Structure Fabricate & Install Fence 1 LS @ $ 2,950.00 = $ 2,950.00 Overhead (10%) 1 LS @ $ 1,139.00 = $ 1,139.00 Profit (5%) 1 LS @ $ 626.00 = $ 626.00 TOTAL ADDITION FOR THIS CHANCE ORDER PROPOSAL: $ 13,155.00 The contract duration for this work will be increased by 30 Days from the time we receive the notice to proceed. THE PARTIES HEREBY AGREE to modify the Contract by the herein Change Order, which becomes part of the Contract. All work is to be performed under the terms and ADD conditions of the Contract unless otherwise agreed in writing. Facsimile signatures are $ 13,155.00 binding as originals. Accepted By: American Engineering & Development Corp. St. Lucie County Public Works By: By: Name: JJ Kopelakis Name: Title: Proiect Manager Title: O:\Contracts\Job Files\09831 - Lakewood Park Phase [\Change Orders\831-04 (Cat walk and Fence).doc EXECUTIVE OFFICE • 11765 W. OKEECHOBEE ROAD • HIALEAH GARDENS, FL 33018 (305) 825-9800 • (888) 522-8160 • FAX: (305) 825-9806 WEST PALM BEACH BRANCH • 15075 CORPORATE RD. NORTH JUPITER, FL 33478 • (561) 242-9770 • FAX: (561) 242-9680 Page 1 s Attachment A U.S. Concrete Products Corporation 1878 N.W. 21st Street, Pompano Beach, Florida 33069 Tel: (954) 973-0368 Fax: (954) 973.0394 Proposal and Purchase Order NO: US32887 To: AMERICAN ENGINEERING CN: 10200 Date: 2/18/2010 11765 W. OKEECHOBEE HIALEAH GARDENS, FL 33016 Job No: Terms: 30 Days ,lob Description: LAKEWOOD PARK GALV. CATWALK &HANDRAIL Bid Date: 2/18/2010 We propose to furnish on the above job: Revised Quan4it7y Description Unit Price Total 1 GALV. STEEL CATWALK(1-1/2"X3/16") 3,072 3,072 36"W X 13'-6" LONG, W/(3) 3"X3"Xl/4" WALL ANGLE (1 @ 13'-6" AND 2 @ 3611) AND (2) 3"X3"X1/4" CENTER SUPPORTS. 1 GALV. STEEL HANDRAIL AND SWING GATE; 2,394 2,394 MADE USING 1-1/2" SCH 40 PIPE QTY (2) - 2-LINE PIPE RAIL SECTIONS @ 13'-6" QTY (1) - SWING GATE 4211W X 42"H ANY MODIFICATIONS MAY REQUIRE A REVISED QUOTE Proposal Total 5,466 Proposal: US32887 LAKEWOOD PARK GALV. CATWALK & HANDRAIL U.S. Concrete Products Corporation PDF created With pdfFactory trial version www.pdffactory.com Page 2 Attachment A American Engineering O Development Corporation AEDC PROJECT NO: 09-831 HCSS No.: CHANGE ORDER PROPOSAL TO: St. Lucie County Public Works Attn: Don West 7300 Virginia Avenue Fort Pierce, FL 34982-5652 CHANGE ORDER NO. 05 DATE: February22, 2010 PROJECT: Lakewood Park AEDC Job #: 09-831 We hereby propose to perform the following work: Furnish and install additional Rubble Rip Rap and lengthen the existing 12" 7,287.13 outfall by +/- 5 ft at the Eastwood canal structure as discussed with Chester and Joanne on 1/26/10. A. Material Rip Rap 66 TN @ $ 32.17 = $ 2,123.48 Bedding Material 44 TN @ $ 23.48 = $ 1,033.04 Filter Fabric 1 EA @ $ 275.00 = $ 275.00 Sod 1 LS @ $ 450.00 = $ 450.00 B. Labor Excavator/w Operator 8 HR @ $ 104.35 = $ 834.78 Loader/w Operator 8 HR @ $ 69.57 = $ 556.52 Foreman/w Truck 4 HR @ $ 86.96 = $ 347.83 Laborer 24 HR @ $ 26.09 = $ 626.09 Overhead (10%) 1 LS @ $ 624.67 = $ 624.67 Profit (5%) 1 LS @ $ 343.57 = $ 343.57 Bond Premium (1%) 1 LS @ $ 72.15 = $ 72.15 TOTAL ADDITION FOR THIS CHANGE ORDER PROPOSAL.: $ 7,287.13 The contract duration for this work will be increased by 15 Days from the time we receive the notice to proceed. THE PARTIES HEREBY AGREE to modify the Contract by the herein Change Order, which becomes part of the Contract. All work is to be performed under the terms and ADD conditions of the Contract unless otherwise agreed in writing. Facsimile signatures are $ 7,287.13 binding as originals. EXECUTIVE OFFICE • 11765 W. OKEECHOBEE ROAD • HIALEAH GARDENS, FL 33018 (305) 825-9800 • (888) 522-8160 • FAX: (305) 825-9806 WEST PALM BEACH BRANCH • 15075 CORPORATE RD. NORTH JUPITER, FL 33478 • (561) 242-9770 • FAX: (561) 242-9680 Page 3 CHANGE ORDER ST. LUCIE COUNTY PROJECT: Lakewood Park Phase I Canal Control Structures (name, address) TO (Contractor): American Engineering & Development Corp. 11765 West Okeechobee Road Hialeah Gardens, FL 33018 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A — Yes) SEE ATTACHED EXHIBIT "A" CHANGE ORDER NUMBER: 3 INITIATION DATE: 2/23/10 CONSULTANT'S PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C09-04-246 CONTRACT DATE: 4/28/09 The original (Contract Sum) was.............................................................................................................................. $116,870.00 Net change by previous authorized Change orders................................................................................................... $74,925.00 The (Contract Sum) prior to this Change Order was................................................................................................ $191,795.00 The (Contract Sum) will be increased bythis Change Order................................................................................................................................................. $20,442.13 The new (Contract Sum) including this Change Order will be................................................................................. $212,237.13 The Contract Time will be unchanged by......................................................................................................................(45) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 4/13/10 Funds Available: Account Number 102001-3725-563000-425047 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: St. Lucie Countv. Enaineerina Division Architect/Engineer 2300 Virginia Ave.. Ft. Pierce, FL 34982 Address I LaT L,� !h01� "fQ&n" 2/23/10 By: Chester Belcher, Project Manager Date Agreed To: American Engineering & Development Cora. Contractor Address By: ate Approved: Public Works Department St. Lucie County Department 2300 Virginia Ave.. Ft. Pierce, FL 34982 d s 2/23/10 By: Donald B. VVest, P.E. P Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By: Date Approved as to Form and Correctness County Attorney Attachment B Project: Lakewood Park Storm Water System Improvements CHANGE ORDER # 3 Contractor American Engineering & Development Corp. Notice to Proceed Date: 7/27/2009 Additional Time: 45 Complete Date: 4/13/2010 1 Rip -Rap (Rubble) LS 1.00 $7,287.13 10A Fence (Galanized Chain Link) LS 1.00 $3,832.50 Catwalk (Galvanized Steel) LS 1.00 $9,322.50 Total Page 2 $7,287.13 $3,832.50 $9,322.50 ;20-- ITEM NO. VI-K - j DATE: 03/09/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: CONSENT ( X ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY!% % Todd A. Cox Airport Airport Manager Resolution No. 10-085, Fence Obstruction Lights and Airport Security Improvements See attached memorandum. 140362-4220-564000-400 No local match required. PREVIOUS ACTION: March 24, 2009 - BOCC approval of Resolution No. 09-093 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement. May 5, 2009 - BOCC approval of Budget Resolution No. 09-145 establishing the fund. RECOMMENDATION: Board approval of Resolution No. 10-085 accepting the FDOT Supplemental Joint Participation Agreement in the amount of $83,090.90 with no local match required for the Install Fence Obstruction Lights and Airport Security Improvements project and authorization for the Chairman to sign the document as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst D iel S. McIntyre Heather Young Purchasing ( ) ERD O arie Gouin (Name) COUNTY`` F L O R I D A TO: Board of County C mmissioners FROM: Todd A. Cox 4�q` I'll Airport Manager DATE: March 9, 2010 AIRPORT MEMORANDUM SUBJECT: Resolution No. 10-085, Fence Obstruction Lights and Airport Security Improvements. ITEM NO. VI-K Background: This agenda request is for the Board to accept the attached Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) amending an existing FDOT grant approved by the Board in March 2009. The original grant was used to install obstruction lights on 3,955 linear of feet of fencing as recommended by FDOT to ensure that the Airport met the licensing requirements contained in Chapter 330 of the Florida Statutes. The project was completed leaving an unused balance of $103,864. This balance consisted of $83,090.90 in FDOT grant funds and $20,772.72 in local match funds. In January 2010, the Airport advised FDOT that it would not be using the balance of the grant for this project. FDOT stated that they would issue a supplement to the grant that would allow the Airport to use the remaining $83,090.90 to fund 100% of a security improvement project. The Airport plans to use the $83,090.90 for fencing, which is an on -going need. The unused local match funds ($20,772.72) will be moved into a reserve account. Recommendation Board approval of Resolution No. 10-085 accepting the FDOT Supplemental Joint Participation Agreement in the amount of $83,090.90 with no local match required for the Install Fence Obstruction Lights and Airport Security Improvements project and authorization for the Chairman to sign the document as approved by the County Attorney. RESOLUTION NO. 10-085 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (FIN. PROD. NO. 426174-1-94-01) FOR THE INSTALLATION OF FENCE OBSTRUCTION LIGHTS AND AIRPORT SECURITY IMPROVEMENTS AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for the Installation of Fence Obstruction Lights and Airport Security Improvements at the St. Lucie County International Airport (Fin. Proj. No. 426174-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Supplemental Joint Participation Agreement with the State of Florida Department of Public Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Supplemental Joint Participation Agreement with the State of Florida (Fin. Proj. No. 426174-1-94-01) to provide funding for the Installation of Fence Obstruction Lights and Airport Security Improvements at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above - referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on Resolution 10-085 was as follows: Chairman Charles Grande XXX Vice -Chairman Doug Coward XXX Commissioner Chris Craft XXX Commissioner Paula Lewis XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this day of ATTEST: BY: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRPERSON APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 FORM 725-030-07 PUBLIC TRANSP ADMIN OGC —07/02 Page 1 of 4 STATE OF FLORIDA DEPARTMENSJT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Supplement #1 FM No: 426174-1-94-01 Fund: DS Function: 637 FLAIR Approp: 088719 Job No: Federal No: FLAIR Obj.: 750004 Contract No: APS80 Catalog of Federal Domestic Assistance O ode: 55042010428 do No.: VF59600083 030 Number: THIS AGREEMENT, made and entered into this day by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St Lucie County BOCC hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 15th of April 2009 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 120,000 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended to include Airport Security Improvements FORM 725-030-07 PUBLIC TRANSP ADMIN OGC -07/02 Page 2 of 4 2.00 Project Cost: Paragraph 3.00 of said Agreement is inGreaseQ/decreased by $ 20,772.72 bringing the revised total cost of the project to $_ 129,227.28 Paragraph 4.00 of said Agreement is increased/decreased by $ 0 bringing the Department's revised share in the project to $ 120,000 3.00 Amended Exhibits: Exhibit(s) 4.00 Contract Time: Paragraph 18.00 of said Agreement is amended N/A of said Agreement is (are) amended by Attachment "A". i. FORM 725-030-07 PUBLIC TRANSP ADMIN OGC - 08/99 Page 3 of 4 FM No. 426174-1-94-01 Contract No. APG80 Supp. Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated April 15 2009 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St Lucie County BOCC BY TITLE ATTEST: TITLE: (SEAL) APPROVED AS TO FORM, LEGALITY FDOT COMPTROLLER FUNDING APPROVAL DATE: ATTORNEY DEPARTMENT OF TRANSPORTATION DIRECTOR OF TRANSPORTATION DEVELOPMENT FORM 725-030-07 PUBLIC TRANSP ADMIN OGC - 08/99 Page 4 of 4 FM No. 426174-1-94-01 Contract No. APG80 Supp. Agreement Date ATTACHMENT "A" SUPPLEMENTAL AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): Description amended to include Airport Security Improvements, per Florida Statute 332.007. The FDOT participation on the unspent portion ($83,090.90) of the Install Fence Obstruction Lights Project has been converted to 100% funding to facilitate airport security improvements. Install Fence Obstruction Lights Project at St. Lucie County International Airport I. PROJECT COST: II. PARTICIPATION Departm ent# FAA Local Approved $150,000 Approved Amended Approved 80.0% 100.0% $120,000 0.0% 0.0% $0 20.0% 0.0% $30,000 Net Change Amended $20,772.72 129,227.28 N et Change Am ended $83,090.90 $36,909.10 $0.00 $20,772.72 $9,227.28 III. TOTAL PROJECT COST: 100.0% 100.0% $150,000 $103,863.62 $46,136.38 Airport Security Improvements at St. Lucie County International Airport PROJECT COST: Approved $83,090.90 PARTICIPATION: Approved Approved Department**# 100% $83,090.90 FAA 0.0% $0 Local 0.0% $0 TOTAL PROJECT COST: 100.0% $83,090.90 ** Funding limits and activities provided in accordance with Florida Statute 332.007. ITEM NO. VI-L = DATE: 03/09/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B1 Don McLam --"�� Assistant Director SUBMITTED BY: Central Services SUBJECT: Work order program software for Central Services. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-19301-568000-100 Central Services Administration -Software (pending BOCC approval) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Amendment No. 10-013 and Equipment Request No. 10-021 to purchase work order program software in the amount of $2,800 for Central Services. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator rdination/Signatures County Attorney (x ) OMB Director } Budget Analyst Dan McIntyre Originating Dept. ( x ) (� Other Roger A. Shinn (x) Ma�ouin Tawonna Johnson H \ AGENDA - 354 c6MU STY IF L Q it t a Central Services MEMORANDUM TO: Board of County Commiss oners THROUGH: Roger A. Shinn, Direc ir4� FROM: Don McLam, Assistant Director�`�—� Central Services DATE: March 9, 2010 SUBJECT: Work order program software for Central Services ITEM NO. VI-L Background: On October 28, 2009 a selected group of employees met with the Board of County Commissioners to discuss employee budget reduction suggestions. As a cost savings measure, one of the groups' suggestion to Central Services was to reduce paper trails and utilize an electronic system for work orders. In response to the employee suggestion, staff is seeking approval to purchase a work order program that will allow work orders to be generated electronically by any County department or agency. The work order is received electronically by Central Services, assigned a work order number and forwarded directly to staff assigned to complete the work. When the work is completed the work order is signed off on and returned for final closeout. This process will eliminate the need for additional paper copies and will save delivery time and turnaround time on the work orders. Cost to purchase the work order program software is $2,800. There will be an annual cost of $240 for the database and server host maintenance. Funds are available and staff is requesting use of these funds to purchase the software through Budget Amendment No. 10-013 and Equipment request No. 10-021, as shown in Attachment 1 and Attachment 2. Recommendation: Board approval of Budget Amendment No. 10-013 and Equipment Request No. 10-021 to purchase work order program software in the amount of $2,800 for Central Services. ATTACHM, NT ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ATTACHMENT EQUIPMENT REQUEST FOR FISCAL YEAR 2009-2010 DEPARTMENT: CENTRAL SERVICES RECOMMENDED: YES NO REVISED DIVISION: ADMINISTATION APPROVED: YES NO REVISED EQUIPMENT: WORK ORDER PROGRAM SOFTWARE ADDITIONAL COST ET AMOUNT: $2,800I INEW IX (REPLACEMENT IX IYES I INO We are requesting permission to purchase a work order program. This program will allow work orders to be generated electronically by any County department or agency. Work orders will be received at Central Services, assigned a work order number and forwarded directly to staff that will in turn complete the work, sign off on the work order and send back for final close out. This will eliminate the need for additional paper copies and cut out delivery time. The suggestion came from the Budget Work Group as a cost savings measure. We believe this will save time in going through the work order process. There will be an annual cost of $240 per year for the database and server hosting by the vendor who created this program. UIPMENT REQ#: EQ10-021 ACCOUNT#: 001-19301-568000-100 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Grants/Disaster Recovery Department Indrio Savannas Preserve Habitat Restoration See attached memorandum. PUBLIC HEARING LEG. QUASI -JD CONSENT PRESENTED BY: Glenn Henderson Grants/Resource Developer N/A December 8, 2009 — Board approval of an application to the Florida Fish and Wildlife Commission. RECOMMENDATION: Board authorization to accept a purchase order agreement in the amount of $20,000 from the Florida Fish and Wildlife Conservation Commission to improve gopher tortoise and scrub jay habitat in the Indrio Savannas Preserve and to approve Budget Resolution No. 10-073. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER ` Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director Dan McIntyre 4—o rie Gouin Budget Analyst ( ) nna Johnson Grants/Disaster ( ) Environmental ( ) Recovery Dept. Resources Dept. AWmoffnero� Ka n Smith U Grants/Disaster Recovery ICOUNTYr Department MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants/Disaster Recovery Department Director �✓ FROM: Glenn Henderson, Grants/Resource Developer DATE: March 9, 2010 SUBJECT: Indrio Savannas Preserve Habitat Restoration ITEM NO. VI-M1 Background: This agenda item is a request for Board authorization to accept a purchase order agreement from the Florida Fish and Wildlife Conservation Commission in the amount of $20,000 to improve gopher tortoise and scrub jay habitat in the Indrio Savannas Preserve. The amount originally requested was $19,278, but budget modifications have resulted in that amount being increased to $20,000. These funds will be held in Account No. 001-3920-534000-310035 (Other Contractual Services). The project will include reduction of saw palmetto stands and a prescribed burn in the preserve's scrubby flatwoods to improve habitat and forage areas while reducing the threat of uncontrolled fires. The grant does not require matching funds from St. Lucie County. Recommendation Board authorization to accept a purchase order agreement in the amount of $20,000 from the Florida Fish and Wildlife Conservation Commission to improve gopher tortoise and scrub jay habitat in the Indrio Savannas Preserve and to approve Budget Resolution No. 10-073. RESOLUTION NO. 10-073 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a purchase order agreement with Fish & Wildlife Conservative Commission in the amount of $20,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 9th day of March, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001-3920-369930-310035 Reimbursements $20,000 APPROPRIATIONS 00 1 -3920-534000-310035 Other Contractual Services $20,000 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chair XXX Commissioner Doug Coward, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 9th DAY OF MARCH 2O10. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY - 0 �1/22/10 10:29:11 MyFloridaMarketPlace —> 7724621614 MyFloridaMarketPlace 4/s a 18. hase act at any time with or without cause by a written tice by The Commission may terminate this eto the Purchase order/contract vendor, Upon receipt of certified such certified mail, return receipt requested, fromthe Commission notice, the vendor shall, unless the notice directs otherwise, immediately discontinue all work and services. The hardship may request approval from the Commission to terminate the purchase order/contract in the event of a documented hardship or circumstances beyond the vendor's control, and such approval will not be unreasonably withheld. 19. Applicable provisions of all Federal, State, County and local laws, and of all ordinances, rules, and regulations shall all commodities and/or services received in response to this purchase govern development, submittal and evaluation of order/contract. ued, and the monies which may become due hereunder are not assignable except with the 20. Any purchase order/contract iss prior written approval of the Commission. 21. The vendor shall hold and save the State of Florida, its officers, agents and employees harmless against claims by thin parties resulting from the vendor's breach of this purchase order/contract or the vendor's negligence, to the extent provided by Florida law. This provision shall not be deemed a waiver of the vendor's claim of sovereign immunity or 768.28, Florida Statutes. 22. All records in conjunction with this purchase order/contract shall be public records and shall be treated in the same manner as other public records are under general law.(Seetion 119.07 F.S.) eminent t0 performance under this purchase 23. The vendor shall maintain books, records and documents directly p order/contract in accordance with generally accepted accounting principles consistently applied. The State or State authorized representative shall have access to such records for audit purposes during the term of this purchase chase order/contract completion. In the event any work or services is sub• order/contract and for 3 years following the pur contracted, the vendor shall require each aubcontractor to maintain and allow access to such records rtagainst rlany other parry 24. The parties hereby waive trial by jury in any action or proceeding brought by any party pertaining to any matter arising out of or in any way connected with this purchase order/contract, and no third party benefits are created or contemplated by the parties. Venue for any actions, in law or equity, arising from this purchase order/contract, shall be in Leon County, Florida to the exclusion of all other lawful venues. 25. The vendor shall indemnify and save harmless the Commission and its employees from any liability including costs and expenses for or on account of any copyrighted, patented, or un-patented invention, process or article manufactured or supplied by the vendor. The vendor has no liability when such claim is solely due to the combination, operation, or use of any article supplied hereunder with equipment or data not supplied by the vendor or is based solely upon the State's alteration of the article. The Commission will provide prompt written notification of a claim of copyright or patent infringement and will afford the vendor full opportunity to defend the action and control the defense. Further, if such a claim is made or is pending the vendor may, at its option and expense procure for the Commission the right to continue use of, replace or modify the article to render it non -infringing. (If none of the alternatives are reasonably available, the State agrees to return the article on request to the vendor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction). If the vendor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood device, or without exception that the agreed prices shall include all royalties or costa arising from the use of ouch design, materials in any way involved in the work. This provision shall not be deemed a waiver of the vendor's claim of sovereign immunity or 768,28, Florida Statutes, 26. All copy, photos, artwork disks, cds, and other materials supplied by the Commission must be returned in good condition upon completion of any work. Payment will not be authorized until return is effected. 27. The vendor shall maintain insurance sufficient to adequately protect the Commission from any and all liability and property damage hazards which may result in the performance of this purchase order/contract. All insurance shall be with insurers qualified and duly licensed to transact business in the State of Florida. A Certifications of Insurance evidencing that all appropriate coverages are in full force and effect shall be provided to the Commission upon request. 28. The vendor shall indemnify and hold harmless the Commission for all personal and property damages and claims which may arise from this purchase order contract. This provision shall not be deemed a waiver of the vendor's claim of sovereign immunity or 768.28, Florida Statutes. 29. It is understood that any articles which are the subject of, or required to carry out this purchase order shall be purchased from the corporation (PRIDE) identified under Chapter 946, F.S., if available, in the same manner and under the same procedures set forth in 946.515(2), (4) F.S.; and for the purposes of this purchase order purchase order/contract, shall be deemed to be substituted for this agency insofar as dealings with ouch corporation are concerned. Available products, pricing, and delivery schedules may be obtained by contacting: PRIDE of FL, 611 Druid Rd. E., Ste. 715, Clearwater, FL 33616; Telephone (813) 441.1950. Contact Purchasing concerning questions about purchase orders @ (850) 488-3427 Contact Bureau of Accounting concerning payment of a purchase order ® (860) 488.3323 Specialized Telecommunications Devices for Hearing and Speech Impaired Individuals: The Florida Relay Service access numbers are 1-800-955-8770 (voice) and 1-800-965-8771(TDD) REVISED MARCH 2O08 01/22/10 10:29:11 MyFloridaMarketPlace —> 7724621614 MyFloridaMarketPlace 3/5 INSTRUCTIONS AND CONDITIONS 1. All purchases are F.O.B. destination, transportation charges prepaid, unless otherwise indicated. 2. No extra charges are allowed for boxing, crating, packing, type of shipment, insurance, etc. unless otherwise indicated. 3. Price(s) specified on the purchase order/contract are all inclusive, with no added fees allowed, including travel expenses. 4. Delivery to be between the hours of 8:00am and 5:00pm, Monday through Friday, excluding State of Florida holidays. The Commission assumes no liability for merchandise shipped to other than the specified destination. If delivery date or completion of the service date cannot be met as specified, notify the Commission promptly. 5. The State of Florida is not required to pay direct Federal Excise and State taxes on services or commodities purchased. 6. Vendors are expected to examine the specifications, delivery echedule(s), prices and all instructions pertaining to commodities and services. Failure to do so will be at the vendor's risk. 7. The terms and conditions of the purchase order/contract may not be modified by the vendor. Modifications or amendments of the purchase order/contract require prior written approval by the Commission. 8. Failure to perform according to the purchase order/contract shall be cause for the vendor to be found in default, and may result in the vendor being charged any or all re -procurement costs. The Commission may test the commodities for compliance with specifications, and commodities found to not be in compliance may be rejected and returned at the vendor's expense. 9. Inspection and acceptance will be at destination unless otherwise indicated. The vendor shall be responsible for filing, processing, and collecting any damage or loss claims occurring during shipment or prior to delivery. Upon delivery, the Commission shall: (a) record evidence of visible damage on the delivering carrier's Bill of Lading (b) report damage (visible or concealed) to carrier and vendor within 15 days requesting that the carrier inspect the damaged merchandise. (c) retain items in shipping container as delivered, until inspection of carrier and disposition given by the purchase order/contract. (d) provide the vendor's supplier with a copy of the carrier's Bill of Lading and damage inspection report. 10. The parties agree that there is no conflict of interest or any other prohibited relationship between the vendor and the Commission. 11. The State of Florida's performance and obligation to pay under this purchase order/contract is contingent upon an annual appropriation by the Legislature. 12. The vendor shall be paid upon submission of properly certified invoice(s) to the Commission after delivery and acceptance of commodities or services is expressed in writing by the purchase order/contract manager. Invoices shall contain detail sufficient for a proper pre -audit and post audit thereof ands shall contain the purchase order/contract number and the vendor's Federal Employer Identification Number or Social Security Number. An original and two (2) copies of each invoice shall be submitted. 13. When approved by the Commission, partial payments may be made upon partial delivery of the commodities or partial completion of the services. 14. The Commission has five (5) working days to inspect and approve commodities and services unless bid or purchase order/contract specifications state otherwise. (Section 215.422, F.S.) With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice is received or the commodities or services are received, inspected, and approved, a separate interest penalty set by the Comptroller pursuant to Section 55.03, F.S. will be due and payable in addition to the invoice amount. Payments to health care providers for hospitals, medical or other health care services, shall be made not more than 35 days from the date of the eligibility for payment is determined, and the daily interest rate is .03333%. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 410.9364 or by calling the State Comptroller Hotline, 1.800.848.3792. 16. The employment of unauthorized aliens by any purchase order/contractor/vendor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Purchase order/contract vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Purchase order/contract. The vendor shall be responsible for including this provision in all sub purchase order/contracts with private organizations issued as a result of this Purchase order/contract. 16. In accordance with Section 287.133(2)(a), F.S., a person or affiliate who has been placed on the Florida Department of Management Services' convicted vendor list following a conviction for a public entity crime may not submit a bid on a purchase order/contract with a public entity to provide any goods or services, or for the construction or repair of a public building or public work, or on leases of real property, may not be awarded or perform work as a grantee, purchase order/contractor, supplier, sub purchase order/contractor, consultant or by any other manner under a purchase order/contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 17. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a purchase order/contract to provide goods or services to a public entity, may not submit a bid on a purchase order/contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or real property to a public entity, may not award or perform work as a purchase order/contractor, supplier, sub purchase order/contractor, or consultant under purchase order/contract with any public entity, and may not transact business with any public entity. REVISED MARCH 2O08 01,/22/30 10:29:11 MyFloridaMarketPlace -> 7724621614 MyFloridaMarketPlace D 2/5 Status: Ordering Comments • SUBMITTED by Magda Soliman on Thursday, January 21. 2010 at 9:14 AM with comment (2 documents attached) FWC Terms and Conditions, and FL Emergency Supplier doc. are attached. . 105 acres 0,$190,47 per acre and not to exceed $20.000 (Magda Soliman, Thu, 21 Jan, 2010) S 01/,22/10 10:29:11 MyFlcriclaMarketPlace —> 7724621614 MyFloridaMarketPlace 1/5 Order No. Al Al EO Issued on Fri, 22 Jan, 2010 Created on Fri, 22 Jan, 2010 by Ar1ba System Supplier. St Lucie CountyBoard of County Commissioners 2300 Virgin AvelAtt: Finance Fort Pierce, FL 34982 Phone:772-462-1700 Fax:772-462-1614 Contact: Neil Appel Ship To: Fish & Wildlife Cons. Comm. Habitat & Species Conservation 620 S. Meridian Street Tallahassee, FL 32399-1600 United States Deliver To: Magda Soliman VersionNumber; 1 Bill To: Fish & Wildlife Cons. Comm. Habitat & Species Conservation 620 S, Meridian Street Bryant Bldg. Tallahassee, FL 32399-1600 United States Entity Description: Fish and Wildlife Conservation Commission Organization Code: 77355090200 Object Code: 770000-139940 Expansion Option: 62 Exemption Status: Yes Exemption Reason?: 1 E Reaivd JAN 2 5 2010 LRL Item Description Part Unit Qty Need By Unit Price Extended Amount Number 1 100 acres of habitat managed via roller ... each 20,000 None $1.0000OUSD $20,000.0000OU5D 105 acres of habitat managed via roller chopping and prescribed fire conducted by St. Lucie County on County owned conservation land. 105 acres Q $190.47 per acre Not to exceed $20,000 Requester: Magda Sollman Ship To Code; AOfbelvn.q Distributors?: N State Contract ID: PR No.: PR4427281 Requester Phone: Master Agreement ID; MyGreenFlorida Content: N Method of Procurement,: L - governmental agency per 287.057(5)(f)l3, defined In 163.3164(10). Shipping Method: Best Way FOB Code: INC-Dent FOB Code Description; Destination freight paid by vendor and included in price. Title passes upon receipt. Vendor files any claims. Encumber Funds, Yes PO Start Date; Thu, 21 Jan, 2010 PO End Date; Wed, 30 Jun, 2010 Fiscal Year Indicator: 2010 PUI#; 7701 Site Code: 770000-00 Additional Item Info: Terms and Conditions: http,//marketplace.myflodda.comAtendor/po tou.pdf P Card Order?: No Total $20,000.00OOOUSD G1/�2/1J 10:29:11 MyFloridaMarketPlace —> 7724621614 MyFloridaMarketPlace 5/5 FLORIDA RMERGMCY SUITL1F.R NETW91tU1C Suppliers of products and acrvices needed by governmont dtuing hurricanes and other emergencies arc itw tcd to join a Florida Emcrgcncy Supplier Network. Suppliers will identify emergency products and services availgble, emergeney oonma information, plans to maintain their oporations and supply chain in emorgoney circumslancw, god pricing arrsngomonta. ?ilia information will be nrgan}wd and famished to buyers at Static and Cmmty Erncrgettcy opemtions CentcTS, and suppliers will be recognized with a eortiffcate identifying their busincse as a momba of the Florida Hmergency Supplier Network. ?lease go to the fbilowing webudto to obtain a FFSN application and contract: N •,. t Gran 7 - -,, •.yr.. V .rr rraWaI,3arc-a,c=s^i•n:�i MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl-us www.stiucieco.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 iUMMUHMMMUMMUnjunummummWilli MINUTES Approve the minutes from the February 23, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 22 and 23. B. MOSQUITO CONTROL Native planting at Queen's Island Consider staff recommendation to approve of a contract with Design Build, Inc. and authorization for the Chairman to sign the contract as approved by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 23, 2010 Convened: 9:47 a.m. Adjourned: 9:48 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Paula A. Lewis, Doug Coward, Charles Grande, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Assistant County Administrator, Heather Young, Asst. County Attorney, Jim David, Mosquito Control Director, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES Approve the minutes from the February 9, 2010 meeting. It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held on February 9, 2010, and; upon roll call, motion carved unanimously. II. GENERAL PUBLIC COMMENT None III. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 20 and 21. The Board approved Warrant List No. 20 and 21. There being no further business to bring before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 02/26/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #22- 20-FEB-2010 TO 26-FEB-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 16,854.78 0.00 GRAND TOTAL: 16,854.78 0.00 03/05/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #23- 27-FEB-2010 TO 05-MAR-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 9,053.13 GRAND TOTAL: 9,053.13 PAYROLL 30,777.65 30,777.65 TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST MOSQUITO CONTROL BOARD Mosquito Control Native planting at Queen's Island. See attached memorandum. ITEM NO. III-B DATE: 3/9/10 REGULAR PUBLIC HEARING LEG. QUASWD CONSENT ( X PRESENTED BY: James R. David Director 4t// FUNDS AVAILABLE: 145123-6230-534000-600 Other Contracted Services — SJRWMD NEP Grant 145832-6230-534000-600 Other Contracted Services — SFWMD IRL License Plate Grant PREVIOUS ACTION: January 26, 2010 — BOCC approval of Budget Resolution RECOMMENDATION: Board approval of a contract with Design Build, Inc. and authorization for the Chairman to sign the contract as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB/Purchasing Director assrx Budget Analyst Dani I S. McIntyre Heather Young Originating Dept. Other Ja es R. David Marie Goui Tawonna Johnson Mosquito Control MEMORANDUM TO: Mosquito Control Board FROM: James R. David, Mosquito Control Director Mosquito Control DATE: March 9, 2010 SUBJECT: Native planting at Queen's Island ITEM NO. III-B Background: St. John's River Water Management District (SJRWMD) and South Florida Water Management District (SFWMD) have awarded grants in the amount of $20,000 each to St. Lucie County for plant restoration activities in Queen's Island Park. In accordance with Section 7-2 of the Purchasing Manual, formal quotes were solicted from the Purchasing Department's list of locally registered vendors, and three vendors responded with formal proposals. The low quote was received from Design Build Inc., located in Port St Lucie, in the amount of $31,664. Recommendation Board approval of a contract with Design Build, Inc. and authorization for the Chairman to sign the contract as approved by the County Attorney. Native Re -planting Areas - Queens Island Park Queens Island Park Native Re -planting Areas 0.57 Acres 7.67 Acres �; 11.77 Acres EROSION DISTRICT EROSION DISTRICT www.co.st-lucie.fl.us www.stiucieco.org MMMMii Mxi MMtMut MMrIMMIituMMMla 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 MMt MINUTES Approve the minutes from the February 23, 2009 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 22 and 23. B. PUBLIC WORKS South St. Lucie County Beach Restoration Project Consider staff recommendation to approve of Amendment No. 3 to Work Authorization No. 6 with Coastal Tech and Work Authorization No. 4 with Taylor Engineering and authorization for the Chairman to sign documents as approved by the County Attorney. Artificial Reef Grant Application Consider staff recommendation to approve of an artificial reef construction grant application to the National Geographic conservation Trust for $20,000. 3. Artificial Reef Grant Application Consider staff recommendation to approve of an artificial reef construction grant application to the Florida Fish and Wildlife Conservation Commission (FWC) for $60,000. 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 CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 23, 2010 Convened: 9:48 a.m. Adjourned: 9.49 a.m. Commissioners Present: Chairman, Chris Craft, Doug Coward, Paula A. Lewis, Charles Grande, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young, Asst. County Attorney, Don West, Public Works Director, Jim David, Mosquito Control Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES Approve the minutes from the February 9, 2010 meeting. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve the minutes of the meeting held February 9, 2010, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 20 and 21. The Board approved Warrant List No. 20 and 21. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 02/26/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #22- 20-FEB-2010 TO 26-FEB-2010 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 18,863.34 GRAND TOTAL: 18,863.34 PAGE 1 PAYROLL 0.00 0.00 03/05/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #23- 27-FEB-2010 TO 05-MAR-2010 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 4,109.06 GRAND TOTAL: 4,109.06 PAYROLL 4, 966.40 4, 966. 40 i� AGENDA REQUEST ITEM NO. III-B1 DATE: 03/09/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: Richard A. Bouchard, P.E. SUBMITTED BY: Public Works — Erosion District Erosion District Manager SUBJECT: South St Lucie County Beach Restoration Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 184211-3710-531000-36203 Erosion District — South St. Lucie County Beach 184214-3710-531000-36203 Erosion District — South St. Lucie County Beach PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Amendment No. 3 to Work Authorization No. 6 with Coastal Tech and Work Authorization No. 4 with Taylor Engineering and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (x ) Originating Dept. (x ) AGEND356.PERMIT.SCB �---1 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director p/ Budget Analyst Daniel S. McIntyre Erosion District DoI ald B. West (x) �M 1 � � arie uin Tawonna Johnson (x) Richeir-d A. Bouchard A Public Works -NJ r Erosion District • MEMORANDUM TO: St. Lucie County Erosion District Board THROUGH: Donald B. West, P.E., Public Works Director f FROM: Richard A. Bouchard, P.E., Erosion District Manager i DATE: March 9, 2010 SUBJECT: South St. Lucie County Beach Restoration Project ITEM NO.: III-61 Background: St. Lucie County has initiated a non-federal project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal Shore Protection Project to provide for future re -nourishment of the beaches in the project area. During the 2006/07 budget session, the State approved $3 million to assist St. Lucie County with the South St. Lucie County Beach Restoration project because of impacts from hurricane activity. On January 23, 2007, the Board approved two separate work authorizations with Coastal Tech along with FDEP Project Agreement 07SL2 for $3 million in State funds to undertake these long-term tasks. The proposed design includes an enhanced dune in concert with an equilibrated 35-foot beach berm width, similar to the Martin County beach project design immediately to the south. The intent is to provide for a one-time State -County beach restoration project in anticipation of future re-nourishments through the federal shore protection program. Considering the lengthy permitting process and sea turtle nesting season, it would appear the earliest construction could commence would be after October 31, 2011. With the recent addition of grassed parking areas at both Dollman and Waveland beach and the completion of the restroom at Dollman, State cost sharing for this project increased from 29.9% to 44.1 % while the County's share decreased to 55.9%. Additional cost savings are likely if a regional project could be coordinated with the Martin County, tentatively scheduled for construction during the spring of 2012. Consistent with the most recent Board action, application submittals for the South St. Lucie County Beach and Dune Restoration project to the appropriate permitting agencies occurred on September 18, 2009. As a result, the U.S. Army Corps of Engineers (USACE) informed the County that they determined an Environmental Impact Statement (EIS) would be necessary to evaluate potential impacts associated with the construction of this project. Pursuant to federal guidelines, the USACE requested the County submit a list of contractors (consultants) for their consideration during an interview process. The County submitted both Coastal Technology and Taylor Engineering as potential consultants since they were already under contract to assist the County with coastal engineering related services. After their interview process, the USACE recommended utilizing the services of Taylor Engineering, as a third party contractor, to develop the EIS for the South County project. March 9, 2010 Item III-131 Page 2 Work Authorization No. 4 ($421,786) includes a scope of work for Taylor Engineering to undertake the tasks necessary to develop the South County EIS. As the engineer of record for the project, Coastal Tech has also developed a separate scope of work in Amendment No. 3 to Work Authorization No. 6 to assist the County during the EIS process. Tasks 5b through 5f delineates the amended scope with Coastal Tech and provides for a decrease in the original design and permitting contract amount of $421,784. Funding for the EIS work has been identified in both Project Agreement Nos. 09SL1 and 07SL2 with FDEP (State: $218,262 and County: $276,552) as previously approved by the Board. Since both work authorizations are currently under review by the USACE and FDEP, and due to time constraints, staff is recommending Board approval of said draft documents contingent upon review and approval of the final documents by the County Attorney. Previous Action: January 23, 2007 - Board approved FDEP Project Agreement 07SL2 and W.A. Nos. 6 and 7 with Coastal Tech for design & permitting and geotechnical work of the Southern St. Lucie County Beach project. April 30, 2007 - First Public Workshop to discuss study area and project needs. July 15, 2008 - Board approved Amend. No. 1 to 07SL2 increasing state funding by $42,515. January 20, 2009 - Board approved Amend. No. 2 to 07SL2 increasing state funding by $148,097. April 29, 2009 - Second Public Workshop to discuss plan formulation and various design alternatives. August 25, 2009 - Board approved submittal of permit applications for the South SLC Beach project. November 10, 2009 - Board approved FDEP Project Agreements 09SL1 and Amend. No. 3 to 07SL2, reducing the County's funding percentage while increasing state funding by $70,165. Recommendation: Board approval of Amendment No. 3 to Work Authorization No. 6 with Coastal Tech and Work Authorization No. 4 with Taylor Engineering and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment "A": Amend. #3 to W.A. #06 w/Coastal Tech (7 pages) Attachment "B": W.A. No. 04 w/Taylor Engineering (28 pages) Attachment "C": EIS Letter to USACE (1 page) Attachment "D": EIS Letter from USACE (4 pages) C-04-" -642 (Amend #3, WA #06) THIRD AMENDMENT TO WORK AUTHORIZATION NO. 06 Professional Services Related to Design & Permitting of the Southern St. Lucie County Shoreline Project Pursuant to Work Authorization No. 06 between the St. Lucie County Erosion District (the "District") and Coastal Technology Corporation (the "Consultant") approved January 23, 2007 (the "agreement") and amended on July 15, 2008 and January 20, 2009, is hereby amended to decrease the amount of the compensation to be paid to the Consultant to a not to exceed total of Eight -Hundred Forty -Nine Thousand and Six - Hundred Seventy -Two Dollars ($849,672.00), a decrease of Four -Hundred Twenty -One Thousand and Seven -Hundred Eighty -Four Dollars ($421,784.00). The Consultant's amended "Scope of Services", "Work Compensation Sheet", and "Project Schedule" have also been attached hereto and made a part hereof as Exhibits "A", "B", and "C", respectively. The Consultant also agrees to abide by the conditions and requirements of DEP Agreement No. 07SL2 and subsequent amendments. All other terms and conditions of Work Authorization No. 06 (C-04-11-642) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Third Amendment to Work Authorization No. 06 (C-04-11-642) to be executed and delivered on the dates below. ATTEST: CLERK ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: COASTAL TECHNOLOGY CORPORATION BY: Print Name: Title: H:/MSWORD/MISC/CTECH. WA06.A3.2010 St. Lucie County Task Assignment 2007-1 South County Beach Project -EIS Scope of Services EXHIBIT "A" SCOPE OF SERVICES Task Assignment 2007-1 Amendment 3 General: St. Lucie County (COUNTY) previously authorized COASTAL TECH to formulate a preliminary design, submit permit applications, and subsequently, upon permit issuance, prepare final design drawings for restoration of "critically eroded beaches" in the south County — known as the "South County Beach Project" (Project). In concert with these prior authorizations, the COUNTY also authorized COASTAL TECH to prepare an Environmental Impact Statement (EIS) as required by the U.S. Army Corps of Engineers (USACE) for issuance of a USACE permit. After submittal of the permit applications, the USACE required that the EIS be prepared by an independent "third -party contractor", who is not expected to provide services dependent upon a favorable EIS and subsequent USACE permit. This Amendment reflects changes to Tasks 5b through 5f of the previously authorized Scope of Work and budget to reflect preparation of the EIS by TE (TE) — under separate authorization by the COUNTY as accepted by the USACE — with continued support by COASTAL TECH as described herein. Tasks 5b through 5f are amended to read as follows: Task 5 - USACE PERMIT PROCESSING & NEPA COMPLIANCE Task 5a — USACE Permit Processing: [The Scope of Work for this Task is unchanged.] Task 5b — EIS Scoping: To date, COASTAL TECH has or will provided additional services including: ■ justification and request FDEP expansion of the designated "critically eroded beaches" in the south County region, ■ additional modeling and design for 35' and 70' berm templates — beyond the alternatives identified in previous authorizations with appropriate revisions to the Design Document and permit sketches, and ■ conceptual identification of future borrow areas for future re -nourishment over the 50 year Project life. In coordination with USACE staff, TE will prepare a draft "Notice of Intent (NOI) to Prepare an EIS" for publication in the Federal Register. TE will provide the draft NOI to COASTAL TECH and the COUNTY for review and comment. TE will provide the draft NOI to the USACE for publication with mailing labels for interested parties identified by the USACE. TE will confer with USACE staff to expedite USACE processing and publication of the NOI. TE will apprise the COUNTY regarding the USACE schedule for publishing of the NOI. Page I of 5 February 22, 2010 St. Lucie County Task Assignment 2007-1 South County Beach Project -EIS Scope of Services In preparation for the Scoping Meeting, TE will: a) consult with the USACE and commenting agencies to conceptually identify the scope of the EIS based on comments received on the NOI, b) research and review federal rules and procedures governing NEPA and the EIS process, and c) confer with COUNTY and USACE staff to formulate an agenda for the Scoping Meeting, d) contact USACE, USFWS, EPA, and NMFS staff to assist USACE staff with scheduling and arrangements for of the Scoping Meeting, and e) prepare and distribute a preliminary EIS Scope Document for presentation at the meeting. In preparation for the Scoping meeting, COASTAL TECH will: a) consult with and advise the COUNTY relative to the overall EIS process and the Scoping meeting, f) review TE's preliminary EIS Scope Document and confer with the COUNTY regarding the format and content of the EIS Scope Document. As may be requested by the COUNTY, COASTAL TECH will prepare and provide to TE exhibits relative to work products previously completed by COASTAL TECH. TE and COASTAL TECH shall attend the EIS Scoping meeting as scheduled by the USACE. TE will make a presentation describing the proposed Project and identifying known issues regarding the scope of the EIS. At this meeting, TE will seek to clarify the EIS scope and resolve scoping issues raised in NOI comments. Following the Scoping meeting, TE will prepare a written summary of the meeting and revise the draft EIS Scope Document identifying specific issues to be analyzed and/or addressed in the EIS document, including any additional field investigation or environmental analysis necessary to support the EIS. The revised draft EIS Scope will be provided to the COUNTY, FDEP, COASTAL TECH, the commenting agencies and USACE staff for review and acceptance. TE will confer with the COUNTY, USACE, and federal agencies as appropriate to review, revise, and finalize the EIS Scope. COASTAL TECH will address COUNTY questions and confer and advise the COUNTY regarding the proposed draft EIS Scope Document. As may be warranted based on the scoping process, upon request by the COUNTY, TE and/or COASTAL TECH will prepare and provide to the COUNTY a detailed Scope of Work to address any required work elements beyond that separately authorized by the COUNTY. Task 5c — Preliminary Draft EIS: In general, TE will initiate preparation of a Preliminary Draft EIS document consistent with the EIS Scope concluded under Task 5b.; this initial work shall be limited to the available budgeted funds. The COUNTY will provide to TE the separately developed "Project Purpose and Need" — as refined in concert with Task 5b and the "Project Alternatives" as separately developed by COASTAL TECH. TE will also prepare the "Affected Environment" and "Environmental Consequences" sections for Page 2 of 5 February 22, 2010 St. Lucie County Task Assignment 2007-1 South County Beach Project -EIS Scope of Services inclusion in the Draft EIS based on data and reports supplied by the COUNTY or, if necessary, any supplemental field investigations or environmental reports mandated by the state or federal agencies. COASTAL TECH will review the Preliminary Draft EIS and confer with the COUNTY regarding suggested revisions and/or comments. The COUNTY will confer with COASTAL TECH and the COUNTY will provide to the USACE and TE clarification relative to COASTAL TECH'S preliminary design, technical reports, and other work products; responses to questions posed relative to COASTAL TECH's models and Design Document; and, additional modeling and/or engineering analysis as required by the USACE and separately authorized by the COUNTY. TE will reproduce and distribute the Preliminary Draft EIS in "pdf' format to the USACE, COUNTY, NMFS, EPA, and USFWS, and other appropriate agencies, as identified by the USACE in its role as lead agency. TE will schedule and attend up to three interagency Preliminary Draft EIS review meetings to present the Preliminary Draft EIS draft and solicit comments on the content, format, organization, and analyzes as presented in the Preliminary Draft EIS document. The COUNTY, COASTAL TECH, and all participating agencies, including NMFS, will be invited to attend these joint review meetings. Based on agency review, TE will identify the data and/or analysis gaps raised by the COUNTY and/or agencies. TE will prepare a written summary of meeting discussions and comments. As may be required by the agencies, TE and/or COASTAL TECH will conduct additional analysis and data collection under separate authorization. COASTAL TECH will review TE's written summary of meeting discussions and confer with COUNTY staff regarding additional analysis that may be proposed by the agencies. Task 5d — Draft EIS: TE will prepare a Draft EIS document which shall incorporate the results of the interagency meetings under Task 5c. Compilation of the Draft EIS is expected to be primarily administrative in nature and include such tasks as re -titling the report, footnotes, document references, and addition or expansion of select sections. TE will provide the USACE, COUNTY, COASTAL TECH, NMFS, EPA, and USFWS with a digital copy in "pdf' format — of the Draft EIS. TE will provide for further reproduction and distribution as deemed appropriate by the USACE. TE will informally review and consult with the USACE, COUNTY, NMFS, EPA, and USFWS to refine and complete the draft EIS. COASTAL TECH will provide comments on the document to the COUNTY. TE will schedule and TE will attend one USACE meeting to present the Draft EIS, advise USACE staff of agency comments, and solicit USACE staff comment on the content, format, organization, and analyzes presented in the document. COASTAL TECH will attend this meeting along with COUNTY staff. Based on USACE, COUNTY, and regulatory agencies review and comments, TE will make necessary and appropriate revisions to the Draft EIS. TE will provide the USACE and Page 3 of 5 February 22, 2010 St. Lucie Task Assignment 2007-1 COUNTY with (a) a "hard copy", (b) a digital copy in Microsoft Word, and (c) a digital copy in "pdf' format — of the Draft EIS. The USACE will provide for further reproduction and distribution as deemed appropriate by the USACE in accordance with federal regulations. Task 5e — Public Hearing & Comments and Draft FEIS: In accordance with applicable federal regulations and USACE guidance, TE will prepare and provide to the USACE a draft notice for publication in the Federal Register to announce the availability of the Draft EIS for a 45 day public review period and the public hearing on the document - with mailing labels for interested parties identified by the USACE. COASTAL TECH will review the draft notice and provide comments to the COUNTY. The COUNTY will identify and provide (a) locations where the Draft EIS will be available for public review, and (b) a date and location for the public hearing, if required. TE will also provide the Draft EIS in a format acceptable to the USACE for posting on the USACE website. If required by the USACE, TE will prepare for and present the Draft EIS document at a public hearing scheduled by the USACE. TE will coordinate the public hearing agenda with USACE staff and prepare such exhibits, summaries or other materials to facilitate the public hearing process. COASTAL TECH will attend the public hearing and provide to the COUNTY exhibits of separately authorized COASTAL TECH work products to support TE, USACE, and the COUNTY with the public hearing process. In accordance with applicable federal regulations and USACE guidance, TE will compile and prepare a written summary of written and oral comments received on the Draft EIS during the public review period, including the comments received at the public hearing, if a public hearing is required by the USACE. COASTAL TECH will review TE's written summary and provide comments to the COUNTY. In coordination with the USACE and the COUNTY, TE will prepare draft responses to all public comments individually or collectively, including drafts of any necessary and appropriate revisions to the Draft EIS. The draft response to comments and draft FEIS document revisions will be forwarded by TE to the USACE staff and COUNTY for review and approval. COASTAL TECH will review TE's draft responses and provide comments to the COUNTY. TE will schedule and TE will attend one meeting with USACE staff to review the draft responses. The purpose of this meeting will be to identify and advance appropriate revisions to (a) responses to public comments and (b) the FEIS document revisions. TE will make such revisions to the Draft FEIS as directed by the USACE after consultation with and concurrence by the COUNTY. A revised Draft FEIS will be produced incorporating the changes and the Public Comment and Response Appendix. TE will provide the Draft FEIS in digital form to the USACE and COUNTY. TE will reproduce and distribute the revised Draft FEIS to the USFWS, NMFS, EPA and other entities identified by the USACE. Task 5f — Final EIS (FEIS): To advance and complete the FEIS, TE will solicit input from the COUNTY and agencies as to appropriate revisions to the Draft FEIS document. TE will prepare a written summary of the public comments and compile the Draft FEIS document Page 4 of 5 February 22, 2010 St. Lucie County Task Assignment2007-1 South County Beach Project -EIS Scope of Services and distribute it to the USACE, COUNTY, FDEP, federal commenting agencies, and other key stakeholders. COASTAL TECH will provide comments to the COUNTY for incorporation into the FEIS. Compilation of the Draft FEIS is expected to be primarily administrative in nature and include such tasks as re -titling the report. footnotes, document references, and addition or expansion of select sections. TE will coordinate with the USACE to schedule and host a meeting with the COUNTY, and federal commenting agencies to review the Draft FEIS and discuss necessary modifications, clarifications and comment responses within the Draft FEIS. COASTAL TECH will also attend this meeting. Based on the review of the document and comments from the USACE, COUNTY and other agencies, TE will make appropriate revisions and prepare the Final EIS. TE will provide the USACE and COUNTY with (a) a "hard copy", (b) a digital copy in Microsoft Word, and (c) a digital copy in "pdf' format — of the Final EIS. The USACE will provide for reproduction and distribution to agencies and the public in accordance with federal regulations. In accordance with applicable federal regulations and USACE guidance, TE will prepare and provide to the USACE and COUNTY a draft Federal Register notice announcing the availability of the Final EIS for public review - with mailing labels for interested parties identified by the USACE. COASTAL TECH will review and provide comments on the draft notice to the COUNTY. TE will also provide the Final EIS in a format acceptable to the USACE for posting on the USACE website. TE will compile and tabulate all written comments received on the Final EIS during the public review period and evaluate these comments to determine whether comments should be (a) incorporated into an appendix in the Final EIS, (b) addressed via a response to the commenter, or (c) addressed via a change in the Final EIS. COASTAL TECH will review the draft written comments and any new appendices and provide suggested revisions and/or comments on the FEIS to the COUNTY. TE will schedule and TE will attend one meeting with USACE staff to review comments to conclude whether comments should be (a) incorporated into an appendix in the Final EIS, (b) addressed via a response to the commenter, or (c) addressed via a change in the Final EIS. . In coordination with the USACE and COUNTY, TE will prepare responses to all public comments individually or collectively, including drafts of any necessary and appropriate revisions to the Final EIS. The draft response to comments and draft document revisions will be forwarded to the COUNTY, and USACE staff for review and acceptance. COASTAL TECH will provide comments to the COUNTY on the draft responses and draft document revisions. No additional face-to-face meeting is anticipated to finalize the comments or revisions to the Final EIS. Upon USACE, and COUNTY acceptance of the responses to public comments, TE will incorporate the responses into the Final EIS and provide the USACE and COUNTY with (a) a "hard copy", (b) a digital copy in Microsoft Word, and (c) a digital copy in "pdf' format — of the Final EIS. The USACE will provide for reproduction and distribution to agencies and the public in accordance with federal regulations. Page 5 of 5 February 22, 2010 s. C d E C cd C Q W L y W a a �w �yIV 6 <m m y i -21 `mt a i � mjU i Iw �I - Ela 'm mIE vi E NIO- Y IN mj I 1 Ai I� i IU I m U ' I j c 1 i0 '4 's - -Im mmjcg �I.n iJ ,- m $�NIq f WI _ - Y >• I O� O N N .. mIm E °lo ml Im piw - _ - z Y c � O H x 'c m o r3 NEE `i vai W JET _ o - x_ x i - c m c L= t x F' s •• _ r oZU n- .miC- a x w E n x` 2 E m m W �m3�y-z°e b Umo°t U »a'u E a u :� a g 2 .e E w w n `o y E w o g n w¢ a o d¢ m a b ny N�vrc o"�a `�_ u�i o= o5.e ad°c o c:u �u.oq�mobmo`FsmWE=E`gx_LLam xWoEm �N`a d�a'cuimamcd `o cm6 Eft E'I 17 1_ of nac myou Em� Etc �� Dv o.eammLLw�m-� la r: z W 8 a p¢m o$ b E 5 m c m o a c a=aEW'`�" c w��m-3°cUE�'E �¢ NmuumE of ud mE 78 E a q u q 2 7 d F a Z H s m 0o Z p qo 0 4,- c o f m S E - E LL J. -. a _ N e Attachment "B" COUNTY F L O R I D A ^• WORK AUTHORIZATION NO. 04 CONTRACT C08-12-632 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of 2010, by and between the ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of Florida, hereinafter referred to as the "District' and TAYLOR ENGINEERING, INC., hereinafter referred to as the "Consultant'. WITNESSETH: WHEREAS, on December 16, 2008, the District entered into a Consulting Agreement (Contract No. C08-12-632) hereinafter referred to as "Contract' with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: PROJECT: The District has determined that it would like to complete a project described below: St. Lucie County South Beach and Dune Restoration Project Preparation of an Environmental Impact Statement (hereinafter referred to as "the Project'.) 2. SERVICES: The District has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C08-12-632). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. Page 1 of 2 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall not exceed a total amount of four -hundred twenty-one thousand and seven -hundred eighty-six and 00/100 dollars ($421,786), as further detailed in Exhibit "B". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within the time, as further described in Exhibit "C". C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the District invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: TAYLOR ENGINEERING, INC. BY: Print Name: Title: Page 2 of 2 Preparation of an Environmental Impact Statement for St. Lucie County South Beach and Dune Restoration Project EIS Project Scope of Work Taylor Engineering February 2010 INTRODUCTION EXHIBIT A The U.S. Army Corps of Engineers (USACE) selected the Taylor Engineering, Inc. team (Taylor Engineering and its subconsultant, CSA International, Inc.) to assist in the development of an Environmental Impact Statement (EIS) for the proposed St. Lucie County South Beach and Dune Restoration Project in St. Lucie County, Florida (Proposed Project). The Proposed Project area extends south from Florida Department of Environmental Protection (FDEP) Monument R-88.5 to R-90.3 and from R-98 to R-115 at the Martin County border. The project requires an EIS to meet federal agency obligations under the National Environmental Policy Act (NEPA). Section 102 of NEPA requires all federal agencies to prepare detailed statements assessing the environmental impact of and alternatives to major federal actions significantly affecting the environment. These statements may develop in one of a few different forms; the EIS is the most comprehensive of the alternative statements defined by federal statutes. This Scope of Work includes all procedures and steps required by the USACE to develop and complete the St. Lucie County South Beach and Dune Restoration Project EIS (hereafter referred to as EIS Project). Taylor Engineering developed this Scope of Work with the following assumptions: • Taylor Engineering will sign a letter from the USACE that will ensure that no conflict of interest occurs relative to the formulation of the EIS to maintain the public's faith in the integrity of the process. • Taylor Engineering will copy the St. Lucie County project manager all work products described in the several tasks detailed in this Scope of Work. • Taylor Engineering will advise the St. Lucie County project manager in a timely manner beforehand of schedules for meetings described in the Scope of Work. A-1 EXHIBIT A • Regular monthly efforts (e.g., progress reports) assume EIS Project duration from March 2010 to July 2011 (16 months). • The Taylor Engineering team will not perform any fieldwork, modeling, or new field data collection for the EIS Project; the team will only gather and use data from existing sources. However, this EIS Project includes a data gaps analysis, which may identify the need for additional data collection efforts. The USACE will review the recommendations resulting from those tasks, determine the need for any new data, and provide guidance to the County regarding the necessary means to collect that data. If the USACE identifies the need for additional data collection, and the County requests, Taylor Engineering will prepare and submit to the County a scope of work and budget for the additional data collection. • The USACE and/or St. Lucie County will provide the following to support the Taylor Engineering team's efforts to develop the administrative record for the EIS Project. o Contacts for collection of necessary data and reports o Original software format graphics and related text for relevant information developed by the USACE, St. Lucie County, and their various contractors other than the Taylor Engineering team for the EIS Project. The Taylor Engineering team will edit and reformat available appropriate maps for incorporation into the Preliminary Draft EIS (PDEIS) and Draft EIS (DEIS), and Final EIS FEIS documents o Any studies, reports, or documents, including engineering, environmental analyses, and alternative analyses, results of public meetings and other stakeholder activities in the possession of the USACE and the County that the Taylor Engineering team may find useful in developing the PDEIS, DEIS, and FEIS o Available cultural resources surveys o Available Threatened and Endangered Species surveys • The USACE will provide consistency guidance throughout the process and certify that the document complies with the requirements of the federal EIS preparation guidance. • Failure of the USACE or the County to provide the assistance as identified above may result in a contract or schedule modification. Discussions with USACE indicate that a limited economic analysis (Task 6), within the capabilities of Taylor Engineering, will suffice for this EIS Project. A-2 EXHIBIT A TASK 1 PREPARE STATEMENT OF WORK The Taylor Engineering Project Manager (PM) will prepare a Statement of Work for the USACE. This document will follow example guidance provided by the USACE PM for the EIS and include the following sections: • Introduction, including Need for the EIS, Study Area, and Existing Conditions • EIS Project Objectives • Scope of Work • Work Breakdown Structure • Background Work Necessary to Complete DEIS • Government -Furnished Information • Points of Contact • File Formats of Deliverables • Deliverables, Deliverable Dates, and Payment Schedule Taylor Engineering will develop the EIS Project baseline schedule in Microsoft Office Project® and track and revise the schedule as warranted. The USACE PM will review the draft Statement of Work and baseline schedule. Taylor Engineering will revise the Statement of Work and schedule based on the reviewer's comments and provide the USACE final documents within five working days of receiving comments. Task 1 Deliverables • Final Statement of Work (three paper copies and one electronic copy in pdf format) • Baseline EIS Project schedule (one electronic copy in MS Office Project format) TASK 2 DEVELOP AND IMPLEMENT QUALITY ASSURANCE/QUALITY CONTROL (QA/QC) PLAN The QA/QC plan will ensure the quality of all activities and products associated with the EIS Project. The QA process applies planned and systematic actions to determine whether Taylor Engineering develops, produces, and records the EIS Project activities in compliance with the applicable regulatory requirements and USACE Jacksonville District policy. In response to the QA findings, the QC process A-3 r EXHIBIT A applies planned and systematic actions to ensure that all EIS -related activities and products meet EIS Project requirements. The QA/QC plan will specify EIS Project procedures, requirements, and standards; the quality management team personnel; and all QA/QC activities, including activity schedule and responsible personnel. Regularly scheduled QA/QC activities include a monthly meeting and QA/QC report, which the Taylor Engineering PM will then include as part of the monthly progress report (Task 12). Notably, the line item cost associated with this task includes only development of the plan and regularly scheduled QA/QC activities. All other QA/QC efforts are included as part of task costs. Task products include a USACE-approved QA/QC plan and short monthly QA/QC reports detailing QA/QC activities. The USACE communications protocol for the EIS Project requires that Taylor Engineering deliver these and all other EIS Project products to the USACE. Task 2 Deliverables • Final QA/QC plan o Three paper copies and one electronic copy in pdf format on CD to the USACE • Taylor Engineering will deliver monthly QA/QC reports with the monthly project report (Task 12) TASK 3 PREPARE PUBLIC PARTICIPATION PLAN The public participation plan defines the stakeholder audience and the means to contact and inform stakeholders about the Proposed Project and the EIS Project, process, and expected schedule. The public participation plan includes the following elements • A list of stakeholders for inclusion in the public involvement mailing list • Schedule for the public involvement process • Procedures for plan implementation Revisions to the schedule may occur as the EIS Project develops. The schedule will include the expected time and place for the following public meetings • one public scoping meeting and associated notices and publications • one DEIS public comment meeting A-4 EXHIBIT A USACE will develop and publish (in the Federal Register) the initial Notice of Intent to perform the EIS. Taylor Engineering will submit draft notices regarding each public meeting to the USACE for review and incorporate USACE comments into the final products. Taylor Engineering, with the agreement of the USACE, intends to publish the public meeting notices in the classified section within a non -legal section of a local daily newspaper of general circulation in St. Lucie County. The plan includes use of the County Commission Chambers for recording public comments at each public meeting. Taylor Engineering will provide a transcript of all recorded comments for the project record in addition to the audio recording of the comments. Task 3 Deliverables • Public participation plan and list of stakeholders (three paper copies and one electronic copy in pdf format on CD) • Initial and as -necessary updated schedules for the public involvement process TASK 4 PREPARE FOR AND CONDUCT SCOPING MEETINGS Taylor Engineering will prepare for and participate in one scoping meeting with the public and three scoping coordination meetings with state and federal regulatory agencies. Agency scoping coordination meetings with FDEP, Florida Fish and Wildlife Conservation Commission, United States Fish and Wildlife Service (USFWS), and National Marine Fisheries Service (NMFS), and EPA representatives will serve to solicit agency concerns as well as identify agency roles and responsibilities in both the completion of the EIS process and the future operation of the proposed actions. Taylor Engineering will draft the public meeting notice. Upon USACE approval, Taylor Engineering will arrange for publication of the notice within a non -legal section of a local daily newspaper of general circulation in St. Lucie County. Taylor Engineering will provide the following services: • Prepare necessary documentation, including display items for the public scoping meeting and a fact sheet, in consultation with the USACE. The materials will describe the Proposed Project and the EIS Project process. • Arrange for and oversee publication of the public meeting notice in within a non -legal section of a local daily newspaper of general circulation in St. Lucie County.Advertisements will appear twice — approximately 14 days and 7 days before the scheduled meeting. • Mail public meeting notices to the list of stakeholders. A-5 EXHIBIT A • Arrange for and participate in agency meetings. Agency meetings will occur where desired by USACE and other federal meeting participants. • Prepare reports summarizing the public and agency meetings. The USACE PM has stated that Taylor Engineering should provide an informal format for the public scoping meeting. The format will not include an extensive formal presentation of the Proposed Project and EIS Project process. We expect to provide a short introduction to the meeting purpose and opportunities and short description of the Proposed Project before engaging with the public in an informal question and answer process centered around the presentation materials (poster board figures describing the Proposed Project and the EIS Project process). Two representatives of the Taylor Engineering team (PM and Senior Project Engineer) and one representative from CSA will participate in the public scoping meeting and agency scoping meetings. St. Lucie County will arrange for the appropriate meeting room and any necessary chairs, tables, loudspeakers, or other equipment necessary to conduct the public meetings. Taylor Engineering will prepare a draft report summarizing the results of public and agency scoping meetings for USACE review. The report shall include • Transcript of the public scoping meeting public comments. • Public comments obtained at the public scoping meeting, compiled and sorted in a spreadsheet or other tabular format. • Comments recorded at the agency scoping meetings, compiled and sorted in a spreadsheet or other tabular format. • Other public or agency scoping comments received via mail. • An evaluation of the issues raised and recommended actions — either to continue evaluation of the issues as part of the EIS Project or to cease further evaluation. The USACE will review the draft scoping report and provide comments to the Taylor Engineering PM for incorporation into the final scoping report. Taylor Engineering will submit a final scoping report to the USACE within 10 working days of receiving comments. Costs for this task include labor to develop presentation materials, participate in the meetings, and prepare draft and final reports. Other direct costs include copying and mailing. A-6 EXHIBIT A Task 4 Deliverables • Up to 100 copies of public scoping meeting notice mailed to stakeholders • Proof of newspaper advertisement publication • Scoping meeting materials • Draft and final scoping reports o Three paper copies and one electronic copy (pdf format) on CD of each (draft and final) TASK 5 IDENTIFY DATA AND DEVELOP DOCUMENTATION NECESSARY FOR INTERAGENCY COORDINATION TO SUPPORT DEVELOPMENT OF BIOLOGICAL ASSESSMENTS AND ESSENTIAL FISH HABITAT ANALYSES Data gathered and documentation developed during Task 5 will provide the basis for preliminary drafts of the NEPA-required Biological Assessments (BA) and Essential Fish Habitat (EFH) evaluation documents. Taylor Engineering and CSA expect to develop BAs for state and federally listed species potentially impacted by the beach restoration project, with a focus on marine turtles and piping plover. The beaches of the Proposed Project area provide important habitat for marine turtles and the Proposed Project area falls within the Florida piping plover consultation area. The hardbottom in the Proposed Project area provides important habitat for at least marine turtles and federally managed fish species. Draft BAs will support USFWS consultations with USACE under the Endangered Species Act and will provide a primary source of information for USFWS development of the Biological Opinion (BO) for the project. The BO is the USFWS decision document determining whether the proposed action will affect federally listed species, and what actions or project changes can effectively protect the species from project impacts. The draft EFH evaluation will support USACE consultation with the NMFS. CSA will perform the majority of the Task 5 efforts, focusing on marine turtle BA and EFH evaluations. Taylor Engineering will provide technical support associated with marine turtle nesting and lead evaluation of shorebird issues and any other issues associated with the beach environment above the mean high water elevation. Taylor Engineering will provide quality control for both BA and EFH evaluation documents. Notably, the scope and costs for this task assume that existing data will suffice for completion of the BA and EFH documents. If the USACE concludes that additional data are required, Taylor Engineering, in consultation with the USACE and the County, will discuss any additional data requirements and resolve the means to obtain the information including appropriate modifications to the scope of work and task budget for the additional work. A-7 EXHIBIT A Taylor Engineering will submit the draft documents to USACE staff for review and comment. Taylor Engineering and CSA will revise the documents based on USACE comments. After final QA/QC review, Taylor Engineering will submit the draft preliminary BA and EFH documents to the USACE for its use. Task 5 Deliverables • Data and documentation sufficient for development of the necessary EIS Project BAs, expected to include marine turtles and piping plover, but may include other species. • Data and documentation sufficient for NMFS to assess Proposed Project impacts to EFH • Draft BA documents o Three paper copies and one electronic copy (MS Word and pdf formats) on CD • Draft EFH Evaluation document o Three paper copies and one electronic copy (MS Word and pdf formats) on CD TASK 6 PREPARE DESCRIPTION OF PROPOSED ACTION AND ALTERNATIVES AND MATRIX OF ENVIRONMENTAL CONSEQUENCES Tasks 5 and 6 provide the information necessary to develop the Preliminary Draft EIS (PDEIS). In Task 6, the Taylor Engineering team will assemble and review other existing data necessary to describe and assess the environmental, historic, economic, and social values that the Proposed Project may affect. Taylor Engineering will gather information from state and federal agencies as well as sources such as local municipalities and the County, and their consultants to describe baseline conditions, future conditions, and any alternatives considered as part of project development. Information collection will include a contracted hazardous toxic radioactive waste (HTRW) site records search. Taylor Engineering will coordinate with the USACE to determine the validity of data intended for incorporation into the PDEIS, regardless of the source. Taylor Engineering will review gathered information to form concise descriptive statements of the proposed activities addressed in the EIS. Taylor Engineering will develop a description of proposed actions, to include • Objective(s) of the proposed action • Alternatives descriptions • Matrix of alternatives and consequences A-8 EXHIBIT A • Anticipated metrics to evaluate alternatives • Identification of resources Taylor Engineering will evaluate in the Environmental Consequences sections Taylor Engineering will submit the draft description to USACE staff for review and comment. Taylor Engineering will revise the document based on USACE comments. After final QA/QC review, Taylor Engineering will submit a final draft to the USACE. The final draft will become part of the PDEIS. If Taylor Engineering identifies any data gap during Task 6, the PM will report those findings to the USACE PM. The USACE and Taylor Engineering PMs will identify any necessary further action to resolve the data gap or gaps. If the USACE concludes that additional data are required, Taylor Engineering will support USACE and County discussions to resolve the means to obtain the information, including appropriate modifications to the scope of work and budget. Task 6 Deliverables • Three paper copies and one electronic copy (MS Word and pdf formats) on CD of the draft and final document describing the proposed action and alternatives, and the matrix evaluating environmental consequences of each alternative TASK 7 PREPARE DRAFT ENVIRONMENTAL IMPACT STATEMENT (PDEIS) Task 7.1 Submittal No. 1 of PDEIS The information compiled in Tasks 5 and 6 should allow the Taylor Engineering team to evaluate the proposed actions and alternatives with regard to project -related environmental issues. Taylor Engineering will use the proposed actions and alternatives descriptions, baseline environmental information, scoping information, and data collection and site visit information to evaluate the potential impacts of the proposed action and its alternatives. Document content will comply with Council on Environmental Quality (CEQ) regulations, Appendix B of 33 CFR 325, and the How to Write Quality EISs and EAs manual (third edition) by The Shipley Group, Inc. Taylor Engineering will format the document as prescribed in USACE Jacksonville District templates for an EIS at http://www.saj.usace.army.mil/Divisions/PlanningBranches/ Enviromnental/DocsNotices—OnLine.htm A-9 EXHIBIT A Taylor Engineering will submit the first draft of the PDEIS to the USACE for review and comment. Three Taylor Engineering team representatives (the Taylor Engineering PM and Senior Coastal Engineer and one CSA professional) will meet with the USACE representatives at the USACE Palm Beach Gardens offices to discuss revisions to the PDEIS. Participants will discuss the comments and resolve any problems or questions that may arise. The participants will also discuss the Notice of Availability (NOA) required to announce the availability of the DEIS to the public and the public meeting notice. The budget provides for a full day (8-hour) meeting. Task 7.2 Submittal No. 2 of PDEIS Taylor Engineering will incorporate all comments into a revised PDEIS and submit the document to the USACE for review and approval. Task 7.3 Prepare Draft EIS (DEIS) for Publication Following USACE review and acceptance of the PDEIS, the Taylor Engineering team will prepare the DEIS document for publication. The front cover of the DEIS (and Final EIS), printed on heavier stock suitable for a cover, shall include the title of the document, the USACE date of official release (month and year), and the name "Taylor Engineering, Inc." The same stock will provide the front and back cover material. Upon USACE approval, Taylor Engineering will reproduce and mail the DEIS to the stakeholder list. The EIS Project budget includes cost for reproduction and distribution of up to 100 printed copies and 250 electronic copies (pdf format) on CD. Task 7.4 Prepare DEIS Notice of Availability and Public Meeting Notice for DEIS and Issue Locally Taylor Engineering will prepare a draft and final Notice of Availability (NOA) of the DEIS for USACE approval. The USACE will provide the U.S. Environmental Protection Agency (EPA) with the information necessary to publish the Federal Register Notice. The NOA will provide an abstract of the Proposed Project and the location, date, and time of the public meeting for receiving comments on the DEIS. In consultation with the USACE, Taylor Engineering will A-10 EXHIBIT A • Prepare a Proposed Project narrative that the USACE and St. Lucie County will use on their Internet sites, as specified in the public participation plan. • Submit the draft narrative and draft NOA to the USACE for approval before public distribution. • Prepare and advertise the NOA information in the non -legal section of within a non -legal section of a local daily newspaper of general circulation in St. Lucie County.Advertisements will appear twice — approximately 14 days and 7 days before the scheduled meeting. Publication of the NOA will coincide with the federal DEIS filing date at least 30 days before the public meeting. Taylor Engineering will distribute the NOA to the stakeholder mailing list approximately 30 days before the scheduled meeting. Task 7 Deliverables • 7.1 PDEIS Submittal No. 1 o Three paper copies and one electronic copy (pdf format) on CD • 7.2 PDEIS Submittal No. 2 o Three paper copies and one electronic copy (pdf format) on CD • 7.3 DEIS for Publication o Up to 100 printed copies and 250 electronic copies (pdf format) on CD and 3 paper copies and one electronic copy (pdf format) on CD for USACE • 7.4 Notice of Availability of DEIS and the public meeting notice o Up to 100 copies of NOA of DEIS and public meeting notice o Proof of newspaper advertisement publication o Proposed Project narrative TASK 8 HOLD ONE PUBLIC COMMENT MEETING ON DEIS AND PREPARE SUMMARY REPORT Taylor Engineering, in consultation with the USACE, will prepare for and participate in one public comment meeting for DEIS review. The public meeting will occur no earlier than 30 days after the NOA appears in the Federal Register. Taylor Engineering will provide the following services for the public meeting: • Develop and provide graphic displays, including maps and charts A-11 EXHIBIT A • Schedule and provide all logistic support for the meeting except scheduling the meeting hall and providing furniture (tables, chairs, loudspeakers, etc.). Taylor Engineering assumes St. Lucie County will provide the meeting hall and furniture. • Prepare a meeting summary report for USACE review A USACE representative will make an opening statement at the public meeting. The Taylor Engineering PM and two other key team personnel (one from Taylor Engineering and one from CSA) will participate in the public meeting to present the proposed action, alternatives, and evaluation framework, and to discuss the probable environmental effects of the proposed action and alternatives. Task 8 Deliverables • Public meeting presentation materials • Public meeting comment audio recording, and transcripts provided by Taylor Engineering • Summary report of public meeting o Three paper copies and one electronic copy (in pdf format) on CD TASK 9 DEVELOPMENT OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS) This task completes the FEIS document and includes • Development of responses to public comments on the DEIS • Preparation of the Preliminary Final EIS (PFEIS) • Preparation, notification, and distribution of the Final EIS (FEIS) Task 9.1 Respond to Public Comments on DEIS The Taylor Engineering team will review all public comments received from USACE to identify major components and conflicting comments, and develop a draft outline of methods for responding to the comments. The work will provide a starting point for development of coordinated responses to the comments. Three members of the Taylor Engineering team (the Taylor Engineering PM, a Taylor Engineering Senior Coastal Engineer, and a CSA Key Biologist) will meet with USACE staff to A-12 EXHIBIT A coordinate responses to public comments. Completing the objectives of this meeting will require a full day (8-hour) meeting at the USACE offices. Taylor Engineering, in consultation with USACE, will develop draft summaries of and responses to public comments on the DEIS. The process of drafting the responses includes • Selection of major comments • Identification of any conflicting comments • Methods used for responses and comments Responses to comments may include additional tables, graphics, or additional data for review and incorporation in FEIS text or appendices, as well as corrected text from the DEIS. Taylor Engineering will submit the draft response document for USACE review. Should public comment raise questions that require substantially more effort than anticipated in this scope of work, we will request a meeting with the USACE PM, Taylor Engineering, and St. Lucie County to discuss the required work and the best means to complete the required work. If agreed by USACE and the County, Taylor Engineering will develop a proposal to complete the additional scope of work. Task 9.2 Coordinate Final Responses to Comments and Prepare Preliminary Final EIS Submittal No. I (PFEIS) The USACE will review the products of Task 9.1 and provide Taylor Engineering with comments and suggested revisions on those products. The Taylor Engineering team will • Make any final revisions to the PFEIS and comment responses requested by the USACE • Incorporate approved revisions and responses to comments into the PFEIS • Submit PFEIS to the USACE for review and approval. Task 9.3 Submittal No. 2 of PFEIS and USACE Review Taylor Engineering will incorporate all comments received from the USACE's Submittal No. I review into a distribution -ready copy of the PFEIS for final USACE review and approval. Task 9.4 Prepare Final EIS for Publication Taylor Engineering will complete this FEIS task in the same manner as the task for preparing the DEIS for distribution (Task 7.3). Taylor Engineering will A-13 EXHIBIT A • Prepare a draft and final NOA of the FEIS for USACE approval before public distribution • Prepare a Proposed Project narrative that the USACE and County will use on their Internet sites, as specified in the public participation plan • Prepare and distribute the FEIS document. The front cover shall include the title of the document, the USACE date of official release (month and year), and the name "Taylor Engineering, Inc." Task 9.5 Prepare FEIS Notice of Availability and Issue Locally Taylor Engineering will perform the same tasks to prepare and distribute the NOA for the FEIS as it did for the NOA of the DEIS (Task 7.4) including preparing the draft and final NOA and publishing the NOA locally. Taylor Engineering will • Publish and distribute the NOA to the public at the same time the USACE files the FEIS with the EPA. Publication of the NOA will occur once in within a non -legal section of a local daily newspaper of general circulation in St. Lucie County.. The USACE will file the FEIS with the EPA. A 30-day waiting period for the FEIS will provide for external review and submission of comments. The waiting period will extend 30 calendar days after the NOA appears in the Federal Register. Taylor Engineering will respond to any comments received on the FEIS after consulting with the USACE on the contents of the responses. Taylor Engineering will then submit the draft letter of response to USACE for final review. After final revisions, Taylor Engineering will submit the letter of response to the USACE for inclusion in the Record of Decision. Task 9 Deliverables 9.1 Draft Responses to Comments • Three paper copies and one electronic copy (in MS Word format) on CD of the draft responses to comments 9.2 Prepare PFEIS Submittal No. 1 • Three paper copies and one electronic copy (in MS Word format) on CD of the PFEIS Submittal No. 1 9.3 PFEIS Submittal No. 2 A-14 EXHIBIT A • Three paper copies and one electronic copy (in MS Word format) on CD of the PFEIS Submittal No. 2 9.4 FEIS for Publication • One electronic copy of the NOA (in pdf format) on CD • Two electronic copies of the Proposed Project narrative (in MS Word and pdf formats) on CD • Up to 100 paper and 250 electronic FEIS copies (pdf format on individual CDs) for stakeholders • Three paper copies and one electronic copy (in MS Word format) on CD submitted to USACE 9.5 Prepare FEIS NOA; Issue Locally • Distribute up to 100 copies of NOA to stakeholders • Letter of response to any final comments TASK 10 PREPARE DRAFT RECORD OF DECISION Taylor Engineering will draft a preliminary Record of Decision (ROD) for USACE use. The USACE will prepare the final Record of Decision and will retain responsibility for publication in the Federal Register of the ROD notice of availability. Task 10 Deliverables • Three paper copies and one electronic copy (in MS Word format) on CD of the draft preliminary ROD TASK 11 MAINTAIN AND PROVIDE ADMINISTRATIVE RECORD AND DOCUMENT EIS - RELATED COMMUNICATIONS The Administrative Record, the entirety of the information relied upon to prepare and assemble the EIS, includes all information and analyses either generated by the EIS Project team or obtained from other sources, or other information used to support documentation and analyses. The EIS Administrative Record does not have to include information listed in the references of documents used to prepare the EIS. A-15 FEIS. EXHIBIT A Taylor Engineering will furnish the Administrative Record to the USACE after issuance of the The Taylor Engineering team will • Organize the Administrative Record information as accessible electronic files, indexed by topic to the extent possible, and submit this record to the USACE. These files will include documentation of communications concerning the EIS, including emails, information, and phone logs. • Develop and provide a supplemental Administrative Record that provides a record of the transactions related to the receipt and drafting of responses to the comments on the FEIS. Taylor Engineering will maintain these records in database formats compatible with USACE software. Task 11 Deliverables • One electronic copy of Administrative and Supplemental Administrative Records on CD. File formats for both deliverables may include those associated with Microsoft Office (Word, Excel, Access, and MS Project) software, email messages, and .pdf, and .rtf (rich text file). TASK 12 PREPARE MONTHLY PROGRESS REPORTS The monthly progress report includes a summary of work progress, percent of completion by task, and task schedule monitoring, including any recommended schedule changes based on the previous month's events. The reports will also detail any newly required tasks or proposed scope changes. Taylor Engineering will develop one report for the USACE, which will not include budget information, and one for the County that will include task budget "burn" rate and significant variance of the burn rate from the burn rate projected in the previous month's progress report. We do not expect steady rates of completion for the various tasks; therefore, we will identify the specific activities for each task and as necessary discuss why tasks differ from those described in the Statement of Work and related anticipated schedules or budgets. The monthly report will also include the QA/QC report. Taylor Engineering will submit the first monthly progress report to the USACE 30 days after execution of the Work Order. Taylor Engineering will submit subsequent monthly progress reports around the last working day of each month. A-16 EXHIBIT A Task 12 Deliverables — Monthly Progress Reports • One electronic copy in pdf format on CD each month TASK 13 PARTICIPATE IN PROGRESS REVIEW AND UNSCHEDULED MEETINGS Task 13.1 Participate in Four Progress Review Meetings In consultation with the USACE, Taylor Engineering will schedule and conduct progress review meetings (approximately four) at important points within the EIS schedule. Taylor Engineering will also prepare summaries of the progress review meetings and submit them to the USACE. These meetings will: • Occur in the USACE office in Palm Beach Gardens or other nearby location • Require one day (8 hours) per meeting • Require attendance of three team members (the Taylor Engineering PM, a Taylor Engineering Senior Coastal Engineer, and either the CSA PM or Senior Scientist) to address major issues and environmental impacts. Task 13.2 Participate in Up To Three Unscheduled (Ad -Hoc) EIS Project Meetings The USACE has reserved the right to request unscheduled meetings with the key Taylor Engineering team members to review and discuss the EIS Project progress and to discuss any problems or concerns that may arise. The Taylor Engineering PM may also request meetings with the USACE. The budget for this task assumes three unscheduled meetings during the course of the EIS Project. The cost estimate for this subtask includes participation by up to three team members (the Taylor Engineering PM, a Taylor Engineering Senior Coastal Engineer, and either the CSA PM or Senior Scientist). Taylor Engineering will provide a written summary of each meeting. Task 13 Deliverables 13.1 Participate in Four Progress Review Meetings • Three paper copies and one electronic copy (in pdf format) on CD of progress review meeting summaries for each meeting 13.2 Participate in up to Three Ad -Hoc EIS Project Meetings • Three paper copies and one electronic copy (in pdf format) on CD of ad -hoc meeting summaries for each meeting A-17 EXHIBIT A TASK 14 DEVELOP AND MAINTAIN A BIBLIOGRAPHY OF ACRONYMS AND REFERENCES AND MAILING LIST Task 14 provides for development of the EIS bibliography and acronyms lists. Taylor Engineering will maintain these products in electronic format compatible with USACE software and print them as necessary. The USACE will receive electronic copies of the final bibliography and acronyms list. Taylor Engineering will develop and maintain an updated bibliography, with data sources and reports noted. The DEIS and subsequent document revisions will include the bibliography. • The bibliography will include only those references used during preparation of the EIS. In consultation with the USACE, Taylor Engineering will maintain a current mailing list. The list will include all interested or affected agencies, interested parties, various news media, and public libraries throughout the area of environmental impact, and information on individuals commenting during the scoping process or during public review of the DEIS and FEIS. Taylor Engineering assumes that St. Lucie County will provide most of the names for the initial mailing list from existing sources, and that Taylor Engineering, in consultation with the USACE, will complete the initial list. Over the course of the EIS project, Taylor Engineering will maintain and modify the list as necessary Task 14 Deliverables • One electronic copy on CD of: o Bibliography (MS Word format) o Acronym list (MS Word format) o Mailing list (Access or Excel format) End Scope of Work A-18 EXHIBIT B Preparation of an Environmental Impact Statement for St. Lucie County South Beach and Dune Restoration Project EIS Project Budget Taylor Engineering February 2010 B-1 EXHIBIT B TAYLOR ENGINEERING, INC. COST SUMMARY BY TASK P2009-142: ST. LUCIE CO SOUTH BEACHES EIS TASK 1: Develop Statement of Work VRIC rlabluvill Y.0 / IO.W Director 5.0 720.00 Senior Professional 13.0 1,612.00 Senior Editor 2.0 186.00 Administrative Support 2.0 104.00 Total Man -Hours 26.0 Labor Cost 3,338.00 Non -Labor Units Cost ($) Subcontractor CSA 1.0 844.00 Subcontractor CSA Cost 844.00 Total Task 1 $ 4,182.00 TASK 2: Develop and Implement QA/QC Plan vrcz rresiuem 00.0 0,99w.w Senior Professional 71.0 8,804.00 Senior Editor 6.0 558.00 Administrative Support 8.0 416.00 Total Man -Hours 121.0 Labor Cost 16,222.00 Non -Labor Units Cost ($) Subcontractor CSA 1.0 338.00 Subcontractor CSA Cost - 338.00 Total Task 2 $ 16,560.00 T Labor Hours Cost ($) Task Totals Vice President 1.0 179.00 Director 1.0 144.00 Senior Professional 12.0 1,488.00 Staff Professional 8.0 664.00 Senior Editor 2.0 186.00 Administrative Support 16.0 832.00 Total Man -Hours 40.0 Labor Cost 3,493.00 Non -Labor Units Cost ($) Subcontractor CSA 1.0 338.00 Subcontractor CSA Cost 338.00 Total Task 3 $ 3,831.00 Page 1 ASK 4: Public and A EXHIBIT B Director 35.0 5,040.00 Senior Professional 44.0 5,456.00 Staff Professional 42.0 3,486.00 Senior Editor 6.0 558.00 Senior Technical Support 8.0 720.00 Administrative Support 31.0 1,612.00 Total Man -Hours 167.0 Labor Cost 17,051.00 Non -Labor Units Cost ($) Subcontractor CSA 1.0 3,884.00 Subcontractor CSA Cost 3,884.00 TASK 5: Identify Necessary Data, Data Total Task 4 $ 20,935.00 Hours Director 28.0 4,032.00 Senior Professional 102.0 12,648.00 Senior Editor 20.0 1,860.00 Administrative Support 21.0 1,092.00 Total Man -Hours 179.0 Labor Cost 21,064.00 Non -Labor Units Cost ($) Subcontractor CSA 1.0 30,049.00 Subcontractor CSA Cost 30,049.00 Total Task 5 $ 51,113.00 and Director 14.0 2,016.00 Senior Professional 94.0 11,656.00 Staff Professional 96.0 7,968.00 Senior Editor 7.0 651.00 Administrative Support 10.0 520.00 Total Man -Hours 225.0 Labor Cost 23,527.00 Non -Labor Units Cost ($) Subcontractor CSA 1.0 4,391.00 Subcontractor CSA Cost 4,391.00 Total Task 6 $ 27,918.00 Page 2 EXHIBIT B TASK 7.1: Submittal #1 of PDEIS LeDor Hours Cost ($) Task Totals Vice President 20.0 3,580.00 Director 80.0 11,520.00 Senior Professional 150.0 18,600.00 Staff Professional 140.0 11,620.00 Senior Editor 40.0 3,720.00 Senior Technical Support 16.0 1,440.00 Staff Technical Support 44.0 2,948.00 Administrative Support 30.0 1,560.00 Total Man -Hours 520.0 Labor Cost 54,988.00 Non -Labor Units Cost ($) Subcontractor CSA 1.0 50,043.00 Subcontractor CSA Cost 50,043.00 Total Task 7.1 $ 105,031.00 TASK 7.2: Submittal #2 of PDEIS vlbG rloolualll 'f.V / IO.VV Director 14.0 2,016.00 Senior Professional 51.0 6,324.00 Senior Editor 10.0 930.00 Senior Technical Support 5.0 450.00 Staff Technical Support 16.0 1,072.00 Administrative Support 24.0 1,248.00 Total Man -Hours 124.0 Labor Cost 12,756.00 Total Task 7.2 $ 12,756.00 TASK 7.3: Preoare DEIS for Labor Hours Cost ($) Task Totals Vice President 2.0 358.00 Director 6.0 864.00 Senior Professional 12.0 1,488.00 Senior Editor 6.0 558.00 Staff Technical Support 16.0 1,072.00 Administrative Support 60.0 3,120.00 Total Man -Hours 102.0 Labor Cost 7,460.00 Total Task 7.3 $ 7,460.00 Page 3 TASK 7.4: and Public Director Senior Professional Senior Editor Administrative Support Total Man -Hours Labor Cost Notices Cost ($) 1.0 179.00 4.0 576.00 18.0 2,232.00 2.0 186.00 12.0 624.00 37.0 EXHIBIT B 3,797.00 Total Task 7.4 $ 3,797.00 TASK 8: Conduct One Public Comment Meeting and 20.0 2,880.00 Senior Professional 37.0 4,588.00 Senior Editor 8.0 744.00 Senior Technical Support 4.0 360.00 Staff Technical Support 12.0 804.00 Administrative Support 28.0 1,456.00 Total Man -Hours 112.0 Labor Cost 11,369.00 Non -Labor Units Cost ($) Subcontrator CSA 1.0 844.00 Subcontractor CSA Cost 844.00 Total Task 8 $ 12,213.00 TASK 9.1: Respond to Public Comments R. Bruce Taylor, Ph.D. 0.0 President 0.0 - Vice President 10.0 1,790.00 Senior Advisor 0.0 - Director 36.0 5,184.00 Senior Professional 98.0 12,152.00 Project Professional 72.0 7,272.00 Staff Professional 0.0 - Senior Editor 16.0 1,488.00 Senior Technical Support 1.0 90.00 Staff Technical Support 22.0 1,474.00 Administrative S,uppQd 19.0 988m Total Man -Hours 274.0 Labor Cost 30,438.00 Non -Labor Units Cost ($) Sucontractor CSA 1.0 24,893.00 Subcontractor CSA Cost 24,893.00 Total Task 9.1 $ 55,331.00 Page 4 EXHIBIT B TASK 9.2: Coordinate Final Responses and Prepare PFEIS Submittal #1 Labor Cost $ 10,483.00 Subcontractor CSA Cost 5,404.00 Total Task 9.2 $ 15,887.00 TASK 9.3 Submittal #2 PFEIS and USACE Review Labor Cost 1,700.00 Subcontractor CSA Cost - Total Task 9.3 $ 1,700.00 TASK 9.4 Prepare FEIS Labor Cost 9,855.00 Subcontractor CSA Cost - Total Task 9.4 $ 9,855.00 TASK 9.5 Prepare FEIS NOA and Issue NOA and FEIS Labor Cost 7,023.00 Subcontractor CSA Cost - Total Task 9.5 $ 7,023.00 TASK 10 Prepare Draft Record of Decision Labor Cost 2,441.00 Subcontractor CSA Cost - Total Task 10 $ 2,441.00 TASK 11 Dvelop and Maintain Administrative and Document Records Labor Cost 15,925.00 Subcontractor CSA Cost 2,847.00 Total Task 11 $ 18,772.00 TASK 12 Monthly Progress Reports Labor Cost 9,963.00 Subcontractor CSA Cost 1,761.00 Total Task 12 $ 11,724.00 TASK 13.1 Progress Review Meetings (4) Labor Cost 13,260.00 Subcontractor CSA Cost $ 3,377.00 Total Task 13.1 $ 16,637.00 TASK 13.2 Ad -Hoc Meetings (3)- Optional Task Labor Cost 8,557.00 Subcontractor CSA Cost 3,039.00 Total Task 13.2 $ 11,596.00 TASK 14 Develop and Maintain Bibliographies of Acronyms and References Labor Cost 3,938.00 Subcontractor CSA Cost 1,086.00 Total Task 14 $ 5,024.00 Project Total $ 421,786.00 Page 5 EXHIBIT C Preparation of an Environmental Impact Statement for St. Lucie County South Beach and Dune Restoration Project EIS Project Schedule Taylor Engineering February 2010 This schedule provides a preliminary timetable for development of an EIS for the St. Lucie County South Beach and Dune Restoration Project. The nominal EIS Project initiation date is 1 March 2010. After task order approval by St. Lucie County, Taylor Engineering will revise the schedule to reflect the actual start date of the EIS Project. The schedule provides an optimistic and aggressive timetable for EIS Project performance. The schedule is tentative and subject to change as the EIS Project progresses. Please note that the schedule below does not show all deliverable details but focuses on final products and key activities for each task. Please note that the schedule does not show some items, such as progress meetings, that the USACE will schedule at times of its preference. Taylor Engineering will update the schedule as necessary and appropriate. IV- " 1. arohlaa and nPlivPrahle nntes Task Deliverable Deliverable Date Communications Protocol Letter 5 March 2010 1 Final Statement of Work 8 March 2010 2 QA/QC Plan 12 March 2010 3 Public Participation Plan 12 March 2010 3 Federal Register Publication of Notice of Intent to Prepare an Environmental Impact Statement USACE Responsibility) 12 March 2010 4 Mail Notice of Intent and Public Scoping Meeting Notice to Stakeholders 21 March 2010 4 Advertise Public Scoping Meeting 24, 31 March 2010 4 Conduct Scoping Meeting 8 April 2010 4 Submit Final Scoping Report to USACE I 1 May 2010 5 Submit BA and EFH Documents to USACE 10 June 2010 6 Complete Descriptions of Proposed Actions, Alternatives, Environmental Evaluation Matrix 28 May 2010 7.1 PDEIS Submittal No. 1 to USACE 9 July 2010 C-1 EXHIBIT C Task Deliverable Deliverable Date 7.1 PDEIS Submittal No. 1 Review Meeting 6 August 2010 7.2 PDEIS Submittal No. 2 to USACE 27 August 2010 7.3 Submit DEIS to USACE 3 September 2010 7.4 Federal Register Filing Date (USACE responsibility) 24 September 2010 7.3 Copy and Mail DEIS to Stakeholders 24 September 2010 7.4 Draft and Issue Locally the Notice of Availability of DEIS and Public Meeting Notice 7, 13 October 2010 8 Public Comment Meeting 22 October 2010 8 Submit Public Meeting Transcripts and Final Public Meeting Summary Report to USACE 23 November 2010 9.1 Meet with USACE to Develop Response Strategies 23 November 2010 9.1 Submit Draft Responses to Comments to USACE 8 December 2010 9.2 PFEIS Submittal No. 1 to USACE 21 January 2011 9.3 PFEIS Submittal No. 2 to USACE 18 February 2011 9.4 Submit FEIS to USACE 21 March 2011 9.4 Print and Mail FEIS 8 April 2011 9.5 Publish Notice of Availability of FEIS in Federal Register USACE Responsibility) g April 2011 9.5 Publish and Issue Notice of Availability of FEIS to stakeholders g April 2011 9.5 45 Day FEIS Comment Period End 19 May 2011 9.5 Submit final FEIS Comment Responses 9 June 2011 10 Submit Draft Record of Decision to USACE 30 June 2011 11 Submit Administrative Record to USACE 8 April 2011 11 Submit Supplemental Administrative Record to USACE 1 July 2011 12 Monthly Progress Reports (16) Monthly C-2 EXHIBIT C r' Yo 7L... llel.vara 6laa anA "Phuprohip j ite% Task aJa� a Deliverable Deliverable Date Submit Summaries of Progress Review 13 Meetings and Unscheduled Meetings to As Required USACE Submit Final Bibliography of Acronyms, 14 References, Data Sources, and Mailing Lists 1 July 2011 to USACE C-3 Attachment "C" BOARD OF COUNTY COMMISSIONERS October 21, 2009 TLku COUNTY F L O R I D A Mr. Garett Lips, Biologist U.S. Army Corps of Engineers Jacksonville District 4400 PGA Boulevard, Suite 500 Palm Beach Gardens, FL 33410 Re: St. Lucie County Erosion District South County Beach and Dune Restoration Project SAJ-2009-03448 Dear Mr. Lips: PUBLIC WORKS DEPARTMENT We are writing in response to the U.S. Army Corps of Engineers (Corps) October 1, 2009 letter. St. Lucie County Erosion District (SLCED) is prepared to formulate and enter into a "Third Party Agreement" with the Corps for the SLCED to fund the development of the required Environmental Impact Statement (EIS) through use of a third -party contractor for the above referenced South County Project. Please be advised that this agreement will require final approval by the SLCED Board. Consistent with the Corps' letter, the following are the "third -party contractors" submitted by SLCED for Corps' consideration in developing the EIS: (1) Coastal Technology Corporation [Michael Walther, President at 772-562-85801 (2) Taylor Engineering, Inc. [David Stites, Environmental Services Director at 904-731-7040] These two (2) consulting firms were recently selected through the RFQ process and are presently under contract to assist SLCED with coastal engineering related services. We have requested that each of these firms provide their own "Statement of Qualifications" for your consideration during the review process. Following your selection of the third -party contractor, we will seek to formulate and finalize the "Third Party Agreement" per the Corps letter. If you have any questions, please contact me at 772-462-1710. Richard Bouchard, P.E. Erosion District Manager rb cc: Daniel McIntyre, SLC County Attorney Donald West, SLC Public Works Director Michael Walther, Coastal Technology Corp. David Stites, Taylor Engineering, Inc. CHRIS DZADOVSKY, District No. 1 - DOUG COWARD, District No. 2 - PAULA A. LEWIS. District No. J - CHARLES GRANDE. District No. 4 - CHRIS CRAFT, District No. 5 County Adminisrroror - Foye W. Outlaw. MPA 2300 Virginia Avenue • Ft. Pierce, FL 34982 Public Works: (772) 462-1485 • FAX (772) 462-2268 Division of Engineering: (772) 462-1707 FAX 462-2362 - Division of Rood 6 Bridge: (772) 462-2511 FAX 462-2363 www.srtucieco.org Attachment "D" DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FL 33410 A 19REPLYTOr N OF November 25, 2009 Palm Beach Gardens Regulatory Section SAJ-2009-03448 St Lucie County Board of County Commissioners Attn: Richard Bouchard St. Lucie County Erosion Control District 2300 Virginia Avenue Ft Pierce, FL 34982 Dear Mr. Bouchard: Reference is made to St. Lucie County Erosion Control District's (County) proposal to construct the South County Beach and Dune Restoration Project. The U.S. Army Corps of Engineers (Corps) previously determined that an Environmental Impact Statement (EIS) would be required for the project and requested the County to provide qualification packages for three potential third party contractors to prepare the EIS. The County submitted two prospective contractors, Taylor Engineering and Coastal Tech (CT). The Corps completed interviews with Taylor Engineering and CT on November 13, 2009. Both groups interviewed demonstrated experience preparing National Environmental Policy Act (NEPA) documents for the Corps, working with the Corps' regulatory program, experience working in the coastal and marine ecosystems, and knowledge of the critical issues surrounding the St. Lucie County Beach and Dune Restoration Project. The County stated that both contractors were retained contractually under existing master agreements for coastal consulting services with the County. The Corps has selected Taylor Engineering based on their responses to the interview questions. Furthermore, the Corps believes that CT has already provided engineering services to the County for this project. Therefore, CT should be disqualified from preparing the EIS. The Corps believes that CT has an interest in the outcome of the NEPA decision and is therefore an inappropriate contractor to preserve the objectivity and integrity of the NEPA process. To avoid any conflict of interest and before Taylor Engineering can work on the EIS, they must execute a disclosure statement prepared by the Corps (see attached), specifying that they have no financial or other interest in the outcome of the project. In addition, before award of the third party contract, the scope of work must be approved by the Corps. We have developed the attached schedule that will allow completion of the EIS by February 15, 2011. Please advise Mr. Garett Lips at 561-472-3519 or by email at Garett.G.Lips@usace.army.mil by November 30, 2009 if you have any comments on the proposed EIS schedule. In order to keep with the current schedule, please return the disclosure statement along with a draft copy of the scope of work to Garett Lips at the Palm Beach Gardens Regulatory Office by November 30, 2009. Sincerely ;9 David S. Hobbie Chief, Regulatory Division Copy Furnished: NMFS, HCD - West Palm Beach EIS SCHEDULE October 30, 2009 Evaluate List of Contractors November 4, 2009 Submit draft Third -Party Agreement November 25, 2009 Corps approves selection of a Contractor December 5, 2009 Finalize Third -Party Agreement (Start EIS process) December 20, 2009 Notice of Intent to Prepare EIS January 5, 2010 Start Scoping Process February 20, 2010 End of Scoping Period May 20, 2010 Submit preliminary draft EIS July 13, 2010 Complete initial review of draft EIS & begin preparation of 2nd draft July 24, 2010 Submit 2' draft EIS July 13, 2010 Prepare draft EIS for publication (formatting/printing, mailing) July 31, 2010 Publish draft EIS for comment (45-day comment period) September 15, 2010 Review comments October 1, 2010 Prepare draft of final EIS October 19, 2010 Submit draft of final EIS November 2, 2010 Complete initial review of final EIS & begin preparation of Vd draft November 16, 2010 Submit 2' draft of final EIS December 21, 2010 Prepare final EIS for publication (formatting, printing, mailing) January 16, 2011 Publish final EIS February 15, 2011 Preparation of Record of Decision e EIS Contractor/Subcontractor Disclosure Statement for Preparation of an Environmental Impact for: St. Lucie County South County Beach and dune Restoration Project SAJ 2009-03448 The undersigned firm has been selected to participate in the preparation of an environmental impact statement for the above - described proposed action. I hereby certify for this firm and for its employees, agents, subcontractors, and their affiliates (collectively referred to as "the contractor") that: 1. The contractor has no direct financial interest in the proposed action that is to be the subject of the environmental impact statement; 2. The contractor has no indirect financial or personal interest in the proposed action that is to be the subject of the environmental impact statement, including but not limited to benefits to proposals of other clients or encouragement of construction of businesses from which the contractor stands to benefit; 3. The contractor will not, without advance approval of the Corps project manager, employ any person previously employed by the Corps of Engineers if that employee participated personally and substantially as a Corps employee in the decisionmaking process for the proposed action or any related project involving the contractor. Office of'Counsel will decide what constitutes "personally and substantially." 4. The contractor will not release any information related to this study to any entity or person except the Corps of Engineers without advance approval from the. Corps project manager after coordination with Office of Counsel; 5. The contractor will immediately provide written notification to the Corps Project Manager of any information suggesting the actual violation or appearance of a violation of requirements (1)-(4) above. Such notice will be forwarded to Office of Counsel for review and action, as necessary. Contractor's Name: By: Signature Title: _ Date: ITEM NO. III-132 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST EROSION DISTRICT BOARD Public Works - Administration Artificial reef grant application See attached memorandum. DATE: 3/09110 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) PRESENTED BY: Donald B. West Public Works Di cto 184-3710-563005-39003, Erosion District -Artificial Reefs -Consulting Engineer. January 12, 2010 - Erosion District Board approved permission to submit a pre - application to the National Geographic Conservation Trust. RECOMMENDATION: Erosion District Board approval of an artificial reef construction grant application to the National Geographic Conservation Trust for $20,000. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Slanatures County Attorney ( X) OMB Director ( X) Budget Analyst Dan McIntyre Marie Gouin Originating Dept. ( X) W • ERD ( ) Do Id B. West Public Works Administration MEMORANDUM TO: Erosion District Board FROM: Donald B. West, Public Works Director�W THROUGH: James Oppenborn, Marine Resources Coordinat 6 DATE: March 9, 2010 SUBJECT: Artificial Reef Grant Application ITEM NO.: III-132 Background: The National Geographic Conservation Trust grants up to $20,000 to projects that will a) improve threatened animal populations, and b) can be exported to other locations around the world to achieve similar gains. The South Atlantic Fisheries Management Council has approved Amendments 17A and 17B to the Snapper Grouper Fishery Management Plan. Said amendments prohibit fishing for red snapper and the Warsaw grouper, respectively. St. Lucie County's Artificial Reef Program has deployed 19 artificial reefs that help support growth and survival of numerous regulated fish species that are experiencing overfishing and are threatened by habitat degradation, including red snapper and Warsaw grouper. The proposed juvenile fish habitat artificial reef would complement other artificial reefs in the area and would serve as an example for the use of artificial reefs in fisheries management. The $20,000 grant from the National Geographic Conservation Trust will be used to pay the $17,000 artificial reef deployment cost and $3,000 in monitoring costs. Although this grant does not require a match, supplemental funding will be provided by the Artificial Reef Program to help pay for the remaining costs that include conducting pre -deployment surveying ($1,750), deployment monitoring and assistance ($4,650), and post -deployment mapping ($7,275). Recommendation: Erosion District Board approval of an artificial reef construction grant application to the National Geographic Conservation Trust for $20,000. ITEM NO. III-133 DATE: 3109/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: EROSION DISTRICT BOARD PRESENTED BY: Donald B. West SUBMITTED BY: Public Works - Administration Public Works Di cto SUBJECT: Artificial Reef Grant Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 184-3710-563000-39003, Erosion District -Artificial Reefs —Infrastructure. 184-3710-563005-39003, Erosion District -Artificial Reefs -Consulting Engineer. PREVIOUS ACTION: N/A RECOMMENDATION: Erosion District Board approval of an artificial reef construction grant application to the Florida Fish and Wildlife Conservation Commission (FWC) for $60,000. COMMISSION ACTION: CONCURRENCE: (�. APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( X) � Dan McIntyre Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Originating Dept. ( X) W • ERD Do ald B. West (X) fi)�id�_ Marie Gouin Public Works Administration MEMORANDUM TO: Erosion District Board FROM: Donald B. West, Public Works Director THROUGH: James Oppenborn, Marine Resources Coordinat � DATE: March 9, 2010 SUBJECT: Artificial Reef Grant Application ITEM NO.: III-133 Background: The Florida Fish and Wildlife Conservation Commission's (FWC) Artificial Reef Program supports the deployment of artificial reefs for the creation of recreational opportunities and management of fisheries. Last year, the St. Lucie County's Artificial Reef Program deployed three new artificial reefs with the assistance of a $50,000 FWC artificial reef grant and a $10,000 FishAmerica Foundation grant. This new grant application is to apply for $60,000 to construct four new artificial reefs on the County's permitted artificial reef sites. This would bring the number of St. Lucie County reefs to 23 reefs deployed in the last 5 years, including the accompanying application to the National Geographic Conservation Trust. There are no matching requirements for this grants program. The St. Lucie County Erosion District will provide $14,200 in matching funds however. A $14,200 match to the construction grant will be provided by the Artificial Reef Program to help pay for artificial reef deployments ($8,000) and to pay for conducting deployment dives and deployment monitoring ($6,200). This match is needed to take full advantage of the grant funds available and deploy a fourth artificial reef on the County's permitted artificial reef sites. Recommendation: Erosion District Board approval of an artificial reef construction grant application to the Florida Fish and Wildlife Conservation Commission (FWC) for $60,000.