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HomeMy WebLinkAboutAgenda Packet 10-12-2010October 12, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 10/08/2010 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 r~ior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2} Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION -Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS -These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT -Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM -Please be 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. October 12, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl. us www.stlucieco.org i{Kiiliiitiiiiiil#iliW€ttltlNt#€[#ii#tl##iiiii#illiUii~ii#ii#ipltiitliiitit#iHtFilliiltiii#itIRHtIlli11t1Hiltlitfii#lil#li##t##€tit##fillit#A#il#ill€t#€tt#1#i[#itii#ii€Iiltli#1#iI#NII#Iitiii##t## 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 t`f1i[IiHClil~ifElRfllfiiHnRt#i[#iiBtllilf#I##[ili#IElitilNiitlifUiiiUliil#i##C#li[IiNti#tG~ii~lilitHllt#[lii#it[lir#tt#ilt#~It~iUiiiii##€i1##lilfi#I3t#ii#it#ii€#ftlll##iliiili3ffiiit##titfii I. INVOCATION II. PLEDGE OF ALLEGIANCE ~~ry.~ , ~ ~ 5 !^(,l. hn, n IaTG III. MINUTES p A M ~~ d -I ~~P~ed ~ y_y~~j~(,~,~,~, A prove the minutes from the October 5, 2010 meeting. /~ _ Caw 15 r~`-r~n~ `~'~' ~ IV. PROCLAMATIONS/PRESENTATIONS A. Presentation by Ramon Trias on the results of the Green Jobs & Innovation Corridor Charrette public workshop held Saturday, October 9th. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 54, 1 and 2. B. COUNTY ATTORNEY 1. Second Amendment to Facilities Use Agreement with Treasure Coast Food Bank r~V _i b~~ Consider staff recommendation to approve the Second Amendment to the Facilities Use PP Pal J Agreement with Treasure Coast Food Bank. f 2. Extend Contract Closing Date -Contract for Sale and Purchase -Harmony Heights Stormwater Improvements -Estate of Alexandra Merker Consider staff recommendation to approve the extension of the closing date on the Contract for Sale and Purchase to December 31, 2010 and authorize the Chairman to sign the Contract Extension. 3. Ordinance No. 10-038 -Permission to Advertise Consider staff recommendation to grant permission to advertise Ordinance No. 10-038 for a public hearing on Tuesday, November 9, 2010 at 6:00 p.m. B. COUNTY ATTORNEY CONTINUED Resolution No. 10-245 -Confirming Authorization for County Administrator to Approve and Execute Grant Applications on Behalf of St. Lucie County Consider staff recommendation to approve to adopt proposed Resolution No. 10-245, as drafted. PULLED PRIOR TO MEETING 5. Treasure Coast Research Park -Approval of County Deed Conveying Sixty (60) Acres to St. Lucie County School Board Consider staff recommendation to approve the proposed County Deed, and authorize the Chairman to sign the County Deed. C. PUBLIC SAFETY & COMMUNICATIONS Budget Resolution No. 10-252 State of Florida, Domestic Security Federally Funded Sub-grant Agreement Consider staff recommendation to approve Budget Resolution No. 10-252 establishing the funds for the State of Florida, Domestic Security Federally-Funded Subgrant Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. Budget Resolution No. 10-253 Federally-Funded Subgrant Agreement -Federal match portion Consider staff recommendation to approve Budget Resolution No. 10-253 establishing the funds for the Federally-Funded Subgrant Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. 3. State-Funded Subgrant Agreement, Emergency Management Preparedness and Assistance (EMPA) Trust Fund Program Base Grant and Budget Resolution No. 10-254 Consider staff recommendation to approve acceptance of the State-Funded Subgrant Agreement, Emergency Management Preparedness and Assistance (EMPA), approval of Budget Resolution No. 10-254, and authorization for the Chairman to sign documents as approved by the County Attorney. 4. Certificate of Public Convenience and Necessity (CON} -Renewal of Port St. Lucie Volunteer Ambulance Class B CON Consider staff recommendation to approve of the Emergency Medical Services Advisory Committee recommendation of the renewal application of Port St. Lucie Volunteer Ambulance or a Class B CON and authorization for the Chairman to sign documents as approved by the County Attorney. D. PLANNING & DEVELOPMENT SERVICES Airport Division: 1. FDOT Joint Participation Agreement Termination, Florida Power & Light Utilities Relocation Reimbursement. Consider staff recommendation to approve Resolution No. 10-257 to terminate the FDOT Joint Participation Agreement for the Florida Power & Light Utilities Relocation Reimbursement returning the unused local match funds ($5,132.00) to fund 140-4220-531000-4804 and authorization for the Chairman to sign the documents as approved by the County Attorney. D. PLANNING & DEVELOPMENT SERVICES CONTINUED Planning Division: 2. Permission to Advertise -Development Agreements Revocation, Incom Properties 31, Inc. Consider staff recommendation to advertise two public hearings before the Board of County Commissioners, as outlined in the agenda memorandum. Business & Concurrency Management Division: 3. Road Impact Fee Credit Agreement 10-003, Dybra PSL Development, LLC (Prima Vista Commons) Consider staff recommendation to approve the Road Impact Fee Credit Agreement 10-003 and authorize the Chairman to sign the document as approved by the County Attorney. E. HOUSING & COMMUNITY SERVICES Community Services Division: 1. Federal Transit Administration (FTA) 5307 FY 10 Grant Consider staff recommendation to accept FTA 5307 FL 90-X727 in the amount of $1,441,627, approval agreement with Council on Aging of St. Lucie, Inc. and Budget Resolution No. 10- 255 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Federal Transit Administration (FTA) 5317 New Freedom (NF) grant Consider staff recommendation to accept the FTA 5317 NF Grant, FL 57-X021-00, approval of the agreement with the Council on Aging of St. Lucie, Inc., and Budget Resolution 10-258; and authorization for the Chairman to sign the documents as approved by the County Attorney. Non-Profit Outside Agency Contracts Consider staff recommendation to approve of the non-profit outside agency agreements, as outlined in the attached memorandum; and authorization for the Chairman to sign documents as approved b the County Attomey. Housing Division: 4. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Modification Consider staff recommendation to approve Modification Five to the CDBG DRI grant, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. 5. Change Order, 8504 Paso Robles Consider staff recommendation to approve Change Order One to C10-07-299, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attomey. Change Order, 5300/5302 Sanibel I Consider staff recommendation to approve Change Order One to C10-07-269, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. t F. PARKS & RECREATION SERVICES Permission to sell beer at the National Navy UDT SEAL XXV Muster at Pepper Park Consider staff recommendation to approve the National Navy UDT SEAL Museum's request to sell beer at the XXV Annual Muster to be held at Pepper Park on November 5 and 6, 2010. 2. Waiver of Havert L. Fenn Center Facility Rental Fees for the 2010 Southern Kingfish Association Nationals Consider staff recommendation to approve to waive $3,765.00 in facility rental fees for the 2010 Southern Kingfish Association Nationals to be held at the Havert L. Fenn Center as outlined in the agenda memorandum. G. PUBLIC WORKS Engineering Division: 1. Angle Road Sidewalk Project (Phases II and III) Consider staff recommendation to approve a contract with SPS Contracting Inc. in the amount of $581,573 for construction of the Angle Road Sidewalk Project (Phases II and III) 2. White Way Dairy Road Culvert Improvement Project Consider staff recommendation to approve of award to Guettler Brothers, Inc., in the amount of $304,933. H. HUMAN RESOURCES/RISK MANAGEMENT Prison Health Services Inmate HIV Medications Invoice for August, 2010 Consider staff recommendation to approve authorization for payment of Prison Health Services invoice number PHS0008209 for HIV medications for the period of August 01, 2010 through August 31, 2010, in the amount of $36,133.47. ADMINISTRATION Economic Development Council Fourth Quarter Invoice Consider staff recommendation to accept the Fourth Quarter Report from EDC as fulfilling the requirements of the Contract and authorization for disbursing payment in the amount of $62,500 towards the matching grant. J. MANAGEMENT AND BUDGET Resolution No. 10-263, Funding Policy for Nonprofit Agencies Consider staff recommendation to approve Resolution No. 10-263, establishing a funding policy for nonprofit agencies, and authorization for the Chairman to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS There are no public hearings scheduled for October 12, 2010 VIII. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, October 26, 2010 at 1:30 p.m. in Conference Room #3. 2. The November 2, 2010 Board of County Commissioners meeting has been canceled. 3. The November 9, 2010 Board of County Commissioners meeting will begin at 6:00 p.m. 4. County offices will be closed on Thursday, November 11, 2010 to observe Veteran's Day. 5. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 16, 2010 at 9:00 a.m. in the County Commission Chamber. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, November 23, 2010 at 1:30 p.m. in Conference Room #3. County offices will be closed on Thursday, November 25, 2010 and Friday, November 26, 2010 to observe Thanksgiving. NOTICE: All Proceedings before this Board are electronically recorded. Any person who deader to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross~xamine any individual testifying during a hearing upon request Anyone with a disability n~uiring 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 foAy-eght (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org ii-t[1IIIIRi[It[Ittiliiitt7iti1t13iiiitli[ilit>itliitiiiiiitiLl~ipitli8113iliHtitTtNii{iiNliili4iigtitiiti~i[ittiHititif[ilHltiliLiittitliiiltiilNlfB[iIi{itilSttiiiiiktitiitiilttiiiit~tiltttitfi 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 iiif6AitIti[liiliiitfit3iiiiljtittit#t~illllHiilttiifiiiliitiitlitii(iitiiftiiiiiflitiii13i1~fUtiiU#itittiif3iiiiliiliittitilititiilitHlitiliili~iiNEttiiAlliitiiiiiiiUiiitiiililiifftittilitil[ijHi ~~~~~ ~~ II. MINUTES Approve the minutes from the September 28, 2010 meeting. GENERAL PUBLIC COMMENT CONSENT AGENDA U A. ~~~~ WARRANTS Approve warrant list No. 53, 54, 1 and 2. NOTICE: All Proceedings before this Board are electronically recorded. Any person who deader 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 pn~ceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross~xamine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty~ight (48) hours prior to fhe meeting. EROSION DISTRICT , www.co.st-lucie.fl.us www.stlucieco.org iitiiitlitGiittittttiiitttiit3tttitllttltiiiiitiitilttttiitttiittittiifit[itlttitFtNUtfiltl#ti~tfitit[ttiiiiiti~tiiiitttA(itttitHttitituttttititltfiiiittitiUtitiUitlttliltiitHiiittliitt[ltltttttiti 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 iiAUtiittttLtttiitii~ItCiiiilCit[ttttitttitii~t~ttii(ilEiifHttiFitit$[tiiliifitiiiiiitliiittlttl~iitGttiitiiliNi1i11ttitYfttliit3ttttiittii4itttitililtittttlitlit[ttiittiitiiiitifiiitiilltii MINUTES A rGJ~ ~~ Approve the minutes from the September 28, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS ~ e~ ~~ Approve warrant list No. 53, 54, 1 and 2. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross~xamine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at leastforty-eght (48) hours prior to the meeting. ~ - - ~ l ~_ s ~ ttlt[IittiittttiUtlti[IiittttttAilttttlitttiittttiiti[iltlittiitl[ttfBtlttf[tifit~ittittl{1tEI~1[Il1[it181It{I[Itititiitttittttlitit(ttttit~lftiti;tittltiiiittiittttttititttltl)fititlttiilltlii October 12, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 10/08/2010 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. October 12, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl. us www.stlucieco.org ItiiliitliHi~liili[IiitliitU(Nliiiiiliiiiif8iiliiil9itiitEiiliidAiit~iltHi ~ _ ~ ~ iil~~itiiililiitllltitiAi[iliiiiiAiltiititiiiRiifiBiltitiliiiitliitii(iiUifiitfi 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 ~ _:..... :. _ : .~fll~tliilititlliiliiitiitltllr1Ai11~t1~t~itltitiiiNilltii~tFitiSiiflliifl~fl[Nltiiniiiifrl~ifii{ii[fllltiiiiniti[tiitilrtiitliiifll3itiiiitiitti#liitiiillili~fiti[iHtii INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the October 5, 2010 meeting. IV. PROCLAMATIONSIPRESENTATIONS A. Presentation by Ramon Trias on the results of the Green Jobs & Innovation Corridor Charrette public workshop held Saturday, October 9th. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 54, 1 and 2. COUNTY ATTORNEY Second Amendment to Facilities Use Agreement with Treasure Coast Food Bank Consider staff recommendation to approve the Second Amendment to the Facilities Use Agreement with Treasure Coast Food Bank. 2. Extend Contract Closing Date -Contract for Sale and Purchase -Harmony Heights Stormwater Improvements -Estate of Alexandra Merker Consider staff recommendation to approve the extension of the closing date on the Contract for Sale and Purchase to December 31, 2010 and authorize the Chairman to sign the Contract Extension. Ordinance No. 10-038 -Permission to Advertise Consider staff recommendation to grant permission to advertise Ordinance No. 10-038 for a public hearing on Tuesday, November 9, 2010 at 6:00 p.m. COUNTY ATTORNEY CONTINUED Resolution No. 10-245 -Confirming Authorization for County Administrator to Approve and Execute Grant Applications on Behalf of St. Lucie County Consider staff recommendation to approve to adopt proposed Resolution No. 10-245, as drafted. PULLED PR-OR TO MEETING 5. Treasure Coast Research Park -Approval of County Deed Conveying Sixty (60) Acres to St. Lucie County School Board Consider staff recommendation to approve the proposed County Deed, and authorize the Chairman to sign the County Deed. C. PUBLIC SAFETY & COMMUNICATIONS Budget Resolution No. 10-252 State of Florida, Domestic Security Federally Funded Sub-grant Agreement Consider staff recommendation to approve Budget Resolution No. 10-252 establishing the funds for 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. Budget Resolution No. 10-253 Federally-Funded Subgrant Agreement -Federal match portion Consider staff recommendation to approve Budget Resolution No. 10-253 establishing the funds for the Federally-Funded Subgrant Agreement and authorization for the Chairman to sign documents as approved by the County Attomey. 3. State-Funded Subgrant Agreement, Emergency Management Preparedness and Assistance (EMPA) Trust Fund Program Base Grant and Budget Resolution No. 10-254 Consider staff recommendation to approve acceptance of the State-Funded Subgrant Agreement, Emergency Management Preparedness and Assistance (EMPA), approval of Budget Resolution No. 10-254, and authorization for the Chairman to sign documents as approved by the County Attomey. Certificate of Public Convenience and Necessity (CON) -Renewal of Port St. Lucie Volunteer Ambulance Class B CON Consider staff recommendation to approve of the Emergency Medical Services Advisory Committee recommendation of the renewal application of Port St. Lucie Volunteer Ambulance or a Class B CON and authorization for the Chairman to sign documents as approved by the County Attorney. D. PLANNING & DEVELOPMENT SERVICES Airport Division: 1. FDOT Joint Participation Agreement Termination, Florida Power & Light Utilities Relocation Reimbursement. Consider staff recommendation to approve Resolution No. 10-257 to terminate the FDOT Joint Participation Agreement for the Florida Power & Light Utilities Relocation Reimbursement returning the unused local match funds ($5,132.00) to fund 140-4220-531000-4804 and authorization for the Chairman to sign the documents as approved by the County Attomey. D. PLANNING & DEVELOPMENT SERVICES CONTINUED Planning Division: 2. Permission to Advertise -Development Agreements Revocation, Incom Properties 31, Inc. Consider staff recommendation to advertise two public hearings before the Board of County Commissioners, as outlined in the agenda memorandum. Business & Concurrency Management Division: 3. Road Impact Fee Credit Agreement 10-003, Dybra PSL Development, LLC (Prima Vista Commons) Consider staff recommendation to approve the Road Impact Fee Credit Agreement 10-003 and authorize the Chairman to sign the document as approved by the County Attorney. E. HOUSING & COMMUNITY SERVICES Community Services Division: 1. Federal Transit Administration (FTA) 5307 FY 10 Grant Consider staff recommendation to accept FTA 5307 FL 90-X727 in the amount of $1,441,627, approval agreement with Council on Aging of St. Lucie, Inc. and Budget Resolution No. 10- 255 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. Federal Transit Administration (FTA) 5317 New Freedom (NF) grant Consider staff recommendation to accept the FTA 5317 NF Grant, FL 57-X021-00, approval of the agreement with the Council on Aging of St. Lucie, Inc., and Budget Resolution 10-258; and authorization for the Chairman to sign the documents as approved by the County Attorney. 3. Non-Profit Outside Agency Contracts Consider staff recommendation to approve of the non-profit outside agency agreements, as outlined in the attached memorandum; and authorization for the Chairman to sign documents as approved b the County Attorney. Housing Division: 4. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Modification Consider staff recommendation to approve Modification Five to the CDBG DRI grant, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. Change Order, 8504 Paso Robles Consider staff recommendation to approve Change Order One to C10-07-299, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. 6. Change Order, 5300/5302 Sanibel Consider staff recommendation to approve Change Order One to C10-07-269, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. F. PARKS & RECREATION SERVICES 1. Permission to sell beer at the National Navy UDT SEAL XXV Muster at Pepper Park Consider staff recommendation to approve the National Navy UDT SEAL Museum's request to sell beer at the XXV Annual Muster to be held at Pepper Park on November 5 and 6, 2010. 2. Waiver of Havert L. Fenn Center Facility Rental Fees for the 2010 Southern Kingfish Association Nationals Consider staff recommendation to approve to waive $3,765.00 in facility rental fees for the 2010 Southern Kingfish Association Nationals to be held at the Havert L. Fenn Center as outlined in the agenda memorandum. G. PUBLIC WORKS Engineering Division: 1. Angle Road Sidewalk Project (Phases II and III) Consider staff recommendation to approve a contract with SPS Contracting Inc. in the amount of $581,573 for construction of the Angle Road Sidewalk Project (Phases II and III) 2. White Way Dairy Road Culvert Improvement Project Consider staff recommendation to approve of award to Guettler Brothers, Inc., in the amount of $304,933. H. HUMAN RESOURCES/RISK MANAGEMENT Prison Health Services Inmate HIV Medications Invoice for August, 2010 Consider staff recommendation to approve authorization for payment of Prison Health Services invoice number PHS0008209 for HIV medications for the period of August 01, 2010 through August 31, 2010, in the amount of $36,133.47. ADMINISTRATION Economic Development Council Fourth Quarter Invoice Consider staff recommendation to accept the Fourth Quarter Report from EDC as fulfilling the requirements of the Contract and authorization for disbursing payment in the amount of $62,500 towards the matching grant. J. MANAGEMENT AND BUDGET Resolution No. 10-263, Funding Policy for Nonprofit Agencies Consider staff recommendation to approve Resolution No. 10-263, establishing a funding policy for nonprofit agencies, and authorization for the Chairman to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS There are no public hearings scheduled for October 12, 2010 VIII. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, October 26, 2010 at 1:30 p.m. in Conference Room #3. The November 2, 2010 Board of County Commissioners meeting has been canceled. 3. The November 9, 2010 Board of County Commissioners meeting will begin at 6:00 p.m. 4. County offices will be closed on Thursday, November 11, 2010 to observe Veteran's Day. 5. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 16, 2010 at 9:00 a.m. in the County Commission Chamber. 6. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, November 23, 2010 at 1:30 p.m. in Conference Room #3. County offices will be closed on Thursday, November 25, 2010 and Friday, November 26, 2010 to observe Thanksgiving. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross~xamine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eght (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl. us www.stlucieco.org ittiCiiliiiliUitlliiliCiitiitWiiifiigiiiliiitlitiillttlft1i1t1itjiit[tiittlttiilli~liiii3ttitiiitiittitfitLtitlitiiHi'fitTittiiftli[ttillRtiNtilttitiiillitliiilliiiiitilfiiii{iiif[tiiittilitliti 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 itittiitiitiittittHiiilii~iiiiiitHiiliii#Aiiititiititititi{tiliitiiiitiitliNiilitilitliiliiilttiit{tliltlliFitifitii~~iiiiiltlitIIAitlitpHittii®titillLiitl(iiiiliiiiitttlltiiiiiiiiiitiiiliittiilii MINUTES Approve the minutes from the September 28, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 53, 54, 1 and 2. NOTICE: All Proceedings before this Board are electroniplly recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross~xamine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contad 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 Iili[iitlti7~tlitHtililitlitE![ii[IIItlll~iiliiUt~ilttitll~liIii(itiNUa~tltlief{Illtii~t#lQiflliUliiiifiiitiillt{IfFItilIflti~NFililkiU11t11iilill~CiiNitlitllttlt~talJltiitllillitili3itit, 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 tiilf~{tiillFiitiitiiiiilfililBN#itUiit3ili~tItICLiRI[tliiflfiElltiittittiiiiiii(tifttiiiittliiiitilit~(iiRiiAittiilll~ti~iliii[iiliilitti111iItiElitiN[iEttiUitlitliiilitlliliiii MINUTES Approve the minutes from the September 28, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 53, 54, 1 and 2. NOTICE: All Proceedings before this Board are electronically recorded. Any person who deades to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty~ight (48) hours prior to the meeting. BOARD OF COUNTY COMMISIONERS ST LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 5, 2010 Convened: 6:00 p.m. Adjourned: 7:00 p.m. Commissioners Present: Chairman, Charles Grande, Chris Dzadovsky, Dough Coward, Paula A. Lewis, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Marie Gouin, Management and Budget Director, Mark Satterlee, Growth Management Director, Millie Delgado-Feliciano, Deputy Clerk, Lucero Carrillo, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 23, 2010 Final Budget Public Hearing. It was moved by Com. Craft, seconded by Com. Coward to approve the minutes of the meeting held September 23, 2010, and upon roll call. Motion carried unanimously. Approve the minutes from the September 28, 2010 meeting. It was moved by Com. Craft, seconded by Com. Lewis to approve the minutes of the meeting held September 28, 2010, and upon roll call. Motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-260 - "NATIONAL ARTS AND HUMANITIES MONTH" in St. Lucie County Consider staff recommendation to adopt Resolution No. 10=2~Q as drafted The Board approved adopting Resolution No. 10-260 as drafted. V. GENERAL PUBLIC COMMENT Mr. John Arena stated that the Marina of Fort and the people are concerned about the profit of the Peninsula and that people are starting to move in and 90 percent of its electricity. Several weeks ago a Lagoon watcher in St. Lucie County heard a report from where two individuals had been forced to leave the area. The residents were finally able to get them out for interfering with their seashore. In the meantime, they announced that they were going to be towed up from Fort Pierce. A phone call was made to the DEP that prevented this from happening. VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 53 The Board approved Warrant List No. 53 B. COUNTY ATTORNEY 1. Treasure Coast Research Park -Termination of Lease Agreement with Treasure Coast Agricultural Research Foundation, Inc. The Board approved the proposed Termination of Lease Agreement with Treasure Coast Agricultural Research Foundation, Inc, for the remainder of the Historic Poor Farm, and authorized the Chairman to sign the document. 2. Treasure Coast Research Park, Research and Development Authority -Partial Termination of June 17, 2010 Lease Agreement and Approval of Subsublease Agreement for Additional Park Lands The Board approved the Partial Termination of Lease Agreement and the Subsublease Agreement with the Treasure Coast Education, Research and Development Authority, and authorized the Chairman to sign the document. C. MANAGEMENT AND BUDGET Supervisor of Elections Advance Request The Board approved the Supervisor of Elections request for 25 percent ($589,852) of the total FY 2010-2011 budget and thereafter, 6.82 percent per month. 2. Tax Collector Advance Request The Board approved the Tax Collector's request for an October commission advance in the amount of $675,000 for FY 2010-2011. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Code Enforcement Case No. 65098-3307 Delaware Avenue, Fort Pierce, FL -Unsightly and Unsanitary Conditions Public Comment Ms. Phyllies Castro stated that she lives on 3405 Delaware Avenue and she moved to Fort Pierce, FL in 1961. She had been attending St. Anastasia and John Carroll for most of her life. Years back, old Fort Pierce was where people used to take pride on their properties even if they were big or small. Therefore, you did not park on your grass; there were no car seats or couches, or hang laundry on the front porch. She also stated that she would like to go back and is concerning based on the wet mattresses, along with the carpets that were hanging on the front porch directly across from St. Anastasia. Years later the mess is still there, for example Orange Avenue had those beautiful homes and now they are rooming houses and the appearance at some part. This has been a two year process that she has been involved, and stated that they need to Empower Code Enforcement to be able to ratify this type of situation without having to come to the County Commissioners on each and every case. Code Enforcement needs the staffing and the authority to get the job done. She has come to the board for help to see whether a change can be made and regain Fort Pierce. Mr. Erin Steven stated that he also resides on 3405 Delaware Avenue and it is not an easy problem to fix, but he is here to ask for the help and support for the community members to keep and maintain the neighborhood nice. He stated that he loves the community, and does look around when it comes to cleaning, the amount of energy that a couple of homeowners put into their yard to keep them nice and clean. He asked the support from the board to cleaning up the property located on 3307 Delaware Avenue. Unintelligible name, CPA from Old City Hall of Fort Pierce stated that she is a resident of South Beach but tonight she was here on behalf of her friend Phillies Castro and her husband Erin Steven, St. Anastasia Church and John Carroll High School. There are over 1300 family members who attend St. Anastasia church. John Carroll and St. Anastasia High School have over 1000 students and a combined over 700 families. These families that attend John Carroll and St. Anastasia schools not only come from Fort Pierce, but from Port Saint Lucie, St. Lucie West, Tradition, Stuart, Palm City, Vero Beach, and Okeechobee. She also stated that these are the sites that students and families of Fort Pierce, St. Lucie County sees as they enter their community. She asked the board if they would like to live like this. She requested a force cleanup of the neighborhood, and for 33~ Delaware and Orange Ave. Likewise, what the city of Fort Pierce did with South Beach, downtown Fort Pierce, old City Hall, Oakland Park, and Hibiscus Park in rejuvenating this neighborhood to start the planning process with the city. She stated that they need to improve the court order first and to get with Treasure Coast Regional Planting Counsel to 09/30/10 FZABWARR FUND TITLE 189101 189102 310001 316 316802 317 39007 396 397 398 401 418 451 458 461 971 478 479 491 505 505001 611 615 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #53- 25-SEP-2010 TO 30-SEP-2010 FUND SUMMARY EXPENSES Home Consortium FY 2008 Home Consortium 2009 Impact Fees-Library County Capital FIND Stan Blum Boat Ramp County Capital-St Revenue Share Bnd Indian River Estates MSBU Lennard Road 1 - Roadway Capital Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Bank Fund GRAND TOTAL: 0.00 9, 500.00 4,223.23 21,690.00 200.00 1,000.00 1, 320.00 64,137.59 9, 343.26 3, 114.42 61,180.28 6, 488.64 5,809.78 0.00 37,748.98 7,116.65 0.00 21,136.97 95.00 811,817.97 6, 580.62 22.23 119.75 2, 605.32 11,209.55 2,326,133.65 PAGE 2 PAYROLL 1,717.81 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 52,125.34 18,529.29 3, 540.28 656.21 15,871.40 7,718.58 1,316.86 1,481.05 17,463.18 1, 186.40 4, 929.37 1,901.01 0.00 0.00 0.00 1,021,631.51 10/Ol/10 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #1 - O1-OCT-2010 TO Ol-OCT-2010 FUND SUNII~7ARY FUND TITLE EXPENSES PAYROLL 611 Tourist Development Trust-Adv Fund 801 Bank Fund 142.73 0.00 188,462.74 0.00 GRAND TOTAL: 14,482,582.32 0.00 try to do the things that will encourage former, St. Anastasia, John Carroll, formal City and people who have moved to Vero Beach and Stuart to come back to these old neighborhoods. It was moved by Com. Coward, seconded by Com. Craft to approve the public hearings, and upon roll call. Motion carried unanimously. VIII. COUNTY ATTORNEY Resolution No. 10-259 Authorizing Issuance of Not Exceeding $50,000,000 in Special Assessment Improvement Funding and Reimbursement Agreements (Energy Financing Program) It was moved by Com. Coward, seconded by Com. Craft to approve the Resolution No. 10-259, and upon roll call. Motion carried unanimously. IX. BOARD OF COUNTY COMMISSIONERS The board provided updates on the various Boards/Committees There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 10/06/10 FZABWARR FUND TITLE 001 001510 001511 001512 001515 001518 101 101002 101003 101004 101006 102 102001 102112 105 107 107003 107006 107205 107206 109 129 130102 140 140135 140306 140335 140366 160 183 183001 183004 183006 185011 310001 315 318 396 397 398 401 418 451 458 461 471 479 505 ST. LUCIE COUNTY - BOARD WARRANT LIST #54- 02-OCT-2010 TO 06-OCT-2010 FUND SUMMARY EXPENSES General Fund CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program FDCA EMPA FY10 Section 112/MPO/FHWA/Planning Transportation Trust Fund Transportation Trust/80$ Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Indian River Estates Drainage Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Drug Abuse Fund Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects Airport Fund FAA Security Fencing & Runway 9L/27 DOT-New N. Entrance Port Ft. Pierce Parallel Runway Design-9L/27R FDOT-Stormwater Pollution Prev. Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2009/2010 Impact Fees-Library County Building Fund County Capital-Transportation Bond Lennard Road 1 - Roadway Capital Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Capital Facilities Health Insurance Fund 211,375.23 8,312.50 25,694.95 8,743.36 3,833.06 215.94 58.58 24,345.09 15,155.27 1,322.66 133,321.69 12,020.16 17,493.30 79,481.10 355.90 114,367.25 2,443.34 7,803.68 810.00 61.00 35.00 1,702.20- 712.08 14,027.44 25,597.66 4,653.98 1, 347.27 9, 342.01 60.21 2,754.21 380.00 38.83 340.00 324.00 282.05 35,542.21 525.00 44,148.07 6,512.00 1,948.96 480,549.78 476.37 9, 582.88 2,713.60 64,205.00 22,152.29 38,976.54 9, 011.12 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1, 470.33 1 10/06/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #54- 02-OCT-2010 TO 06-OCT-2010 FUND SUMMARY FUND TITLE EXPENSES 625 Law Library 32.82 665 SLC Art in Public Places Trust Fund 2,725.00 GRAND TOTAL: 1,444,508.24 PAGE 2 PAYROLL 0.00 0.00 1, 470 .33 10/08/10 FZABWARR FUND TITLE 001 001009 001113 001176 001194 001509 001511 001512 001517 001518 001519 101 101001 101002 101003 101004 102 102001 107 107001 107002 107003 107005 107006 107205 129 130 130100 140 140001 150 160 162 183 183004 189101 190 310001 401 418 451 458 461 471 478 479 491 505 ST. LUCIE COUNTY - BOARD WARRANT LIST #2 - 07-OCT-2010 TO 08-OCT-2010 FUND SUMMARY EXPENSES General Fund Gen-One Time Funding CDBG Supp Disaster Recovery Subgran FTA Section 5303 F/Y06 U.S. Dept of Housing & Community US Dept of Housing CDBG 09 ARRA CSBG 2009 Neighborhood Stabilization Program HUD Shelter Plus Care Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Legal Aid F&F Fund-Court Related Technology Juvenile Justice & Delinquency Prev Parks MSTU Fund SLC Public Transit MSTU FTA 5307 Capital and Operating assi Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Tourism Dev-5th Cent Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Home Consortium FY 2008 Sports Complex Fund Impact Fees-Library 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 1,418,552.14 20,000.00 77.44 109.74 66.90 185.01 249.34 808.93 1, 136.90 2,338.03 351.04 7,132.70 266.58 13,902.84 4, 535.17 3, 650.44 14,314.44 2,130.47 120,717.93 11,123.87 239.87 24,377.51 8,888.59 1,881.94 447.18 28,105.43 445.32 166.03 2,902.21 11,260.00 328.10 6,876.59 7, 632 .08 668.96 1,164.18 370.03 4,153.54 14,107.88 11,456.20 10,273.68 1,099.59 141.34 3,960.88 3, 946.48 283.63 318.96 4,092.05 56,274.00 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 10/08/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #2 - 07-OCT-2010 TO 08-OCT-2010 FUND SUMMARY FUND TITLE EXPENSES 505001 Property/Casualty Insurance Fund 1,009.85 611 Tourist Development Trust-Adv Fund 2,471.48 625 Law Library 370.00 630 Tax Deed Overbid Agency Fund 41.39 801 Bank Fund 33,253.28 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 GRAND TOTAL: 1,864,658.16 0.00 10/Ol/10 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #1 - Ol-OCT-2010 TO O1-OCT-2010 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 1,936,614.71 0.00 001113 CDBG Supp Disaster Recovery Subgran 1,700.00 0.00 001176 FTA Section 5303 F/Y06 55.22 0.00 001194 U.S. Dept of Housing & Community 22.05 0.00 001511 ARRA CSBG 2009 80.40 0.00 001512 Neighborhood Stabilization Program 274.19 0.00 001518 Section 112/MPO/FHWA/Planning 788.06 0.00 001519 CDBG FY 2008 Disaster Recovery 123.60 0.00 001529 CSBG FY 2011 56.96 0.00 101 Transportation Trust Fund 2,096.39 0.00 101001 Transportation Trust Interlocals 80.18 0.00 101002 Transportation Trust/80o Constitut 3,263.94 0.00 101003 Transportation Trust/Local Option 1,417.74 0.00 101004 Transportation Trust/County Fuel Tx 1,167.13 0.00 102 Unincorporated Services Fund 5,173.99 0.00 102001 Drainage Maintenance MSTU 710.51 0.00 107 Fine & Forfeiture Fund 3,807,077.86 0.00 107001 Fine & Forfeiture Fund-Wireless Sur 85.62 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 85.61 0.00 107006 F&F Fund-Court Related Technology 642.10 0.00 107205 Juvenile Justice & Delinquency Prev 158.79 0.00 129 Parks MSTU Fund 936,355.20 0.00 130 SLC Public Transit MSTU 150.65 0.00 130100 FTA 5307 Capital and Operating assi 107.74 0.00 140 Airport Fund 835.90 0.00 150 Impact Fee Collections 88.25 0.00 160 Plan Maintenance RAD Fund 246.32 0.00 183 Ct Administrator-19th Judicial Cir 224.94 0.00 183004 Ct Admin.- Teen Court 388.84 0.00 189101 Home Consortium FY 2008 127.68 0.00 189102 Home Consortium 2009 800.00 0.00 204 Communication System I&S Fund 75,806.25 0.00 210 Impact Fees I&S 124,771.98 0.00 215 Sales Tax Revenue Bonds I&S Fund 3,449,053.13 0.00 216 County Capital I&S 920,575.42 0.00 217 State Revenue Sharing Bonds I&S Fnd 725,500.01 0.00 282 Environmental Land I&S Fund 1,459,968.75 0.00 901 Sanitary Landfill Fund 3,814.71 0.00 418 Golf Course Fund 1,360.97 0.00 451 S. Hutchinson Utilities Fund 259.80 0.00 458 SH Util-Renewal & Replacement Fund 48.40 0.00 461 Sports Complex Fund 1,161.45 0.00 471 No County Utility District-Operatin 663,803.40 0.00 478 No Cty Util Dist-Renewal & Replace 97.06 0.00 479 No Cty Util Dist-Capital Facilities 110.02 0.00 491 Building Code Fund 1,296.21 0.00 505 Health Insurance Fund 164,979.61 0.00 505001 Property/Casualty Insurance Fund 369.11 0.00 10/O1/10 FZABWARR FUND 611 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #1 - O1-OCT-2010 TO O1-OCT-2010 FUND SUMMARY TITLE Tourist Development Trust-Adv Fund Bank Fund GRAND TOTAL: EXPENSES 142.73 188,462.74 14,482,582.32 PAGE 2 PAYROLL 0.00 0.00 0.00 ITEM NO. VI-B-1 ~ J - - - DATE: 10/12/10 • • - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) ~, CONSENT ( x ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~ Heather Sperrazza Lueke Assistant County Attorney ~JBMITTED BY: County Attorney S ~ BJECT: Second Amendment to Facilities Use Agreement with Treasure Coast Food Bank B CKGROUND: See CA10-1215 F41NDS AVAILABLE: N/A P~tEVIOUS ACTION: March 9, 2010 -Board approved the Facilities Use Agreement with the Treasure Coast Food Bank. August 17, 2010 -Board approved First Amendment to Agreement. COMMENDATION: Staff recommends approval of the Second Amendment to the Facilities Use Agreement with Treasure Coast Food Bank. ~MMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Coordination/Sia natu res County Attorney (x) t~ OMB Director ( ) F Budget Analyst Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator (Name) ERD ( ) (Name) (Name) (Name) COUNTY ATTORNEY C O U NT Y F L O R I D A TO: Board of County Commissioners MEMORANDUM FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. No: CA10-1215 DATE: October 12, 2010 SUBJECT: Second Amendment to Facilities Use Agreement with Treasure Coast Food Bank ITEM NO. VI-B-1 Back4round: Attached to this memo is a copy of the proposed Second Amendment to the Facilities Use Agreement with the Treasure Coast Food Bank, Inc. As in past years, on March 9, 2010, the Board approved a Facilities Use Agreement allowing the Food Bank to use approximately five thousand (5000) square feet of the Logistics Center to store surplus commodities for the period May 10, 2010, through August 10, 2010. On August 17, 2010, the Board extended the Agreement until September 30, 2010. The Food Bank has requested that we extend the Agreement until January 31, 2011. Previous Action: March 9, 2010 -Board approved the Facilities Use Agreement with the Treasure Coast Food Bank. '~ August 17, 2010 -Board approved First Amendment to Agreement. Recommendation: Staff recommends approval of the Second Amendment to the Facilities Use Agreement with Treasure Coast Food Bank. Respectfully submitted, H ath r Sperrazza Lueke / Assistant County Attorney SECOND AMENDMENT TO MARCH 9.2010 FACILITIES USE AGREEMENT TREASURE COAST FOOD BANK C10-03-122 THIS SECOND AMENDMENT 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, on March 9, 2010, the parties entered into a Facilities Use Agreement allowing the Food Bank to use the County Logistics Center for storage from May 10, 2010 to August 10, 2010. WHEREAS, on August 17, 2010, the parties extended the term of the Agreement until September ', 30, 2010 and; WHEREAS, the parties desire to extend the term of the Agreement until January 31, 2011. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: Paragraph 3 of the Agreement, Term, shall be amended to read as follows: The term of this Agreement shall be for the period beginning May 10, 2010 through and including January 31, 2011, 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. 2. Except as amended herein, the remaining terms and conditions of the agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment on the _ day of 2010. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman 5:\ATTY\AGREEMNT\FAC-USE\2A Food Bank.l0.doc -1- APPROVED AS TO FORM AND CORRECTNESS: ATTEST: BY: County Attorney TREASURE COAST FOOD BANK, INC. BY: President (SEAL) s:\Arn\A6REEMNT\FAC-u5E\2A Food Bank.l0.doc -2- AGENDA REQUEST ITEM NO. VI-B-2 DATE: October 12, 2010 REGULAR [ ] PUBLIC HEARING Leg. [ ]Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Extend Contract Closing Date Contract for Sale and Purchase Harmony Heights Stormwater Improvements Estate of Alexandra Merker BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: March 2, 2010 -The Board of County Commissioners approved a Contract for Sale and Purchase in the amount of $10,500.00 with the Estate of Alexandra Merker. RECOMMENDATION: Staff recommends the Board approve the extension of the closing date on the Contract for Sale and Purchase to December 31, 2010 and authorize the Chairman to sign the Contract Extension. COMMISSION ACTION: [APPROVED [ ]OTHER Approved 5.0 CONCURRENCE: [ ]DENIED - J~~ Faye W. Outlaw, MPA County Administrator Review and Approvals V [x] County Attorney: Daniel McIntyre [x] Originating Dept: J~htiQ. JoAnn Riley (]Road and Bridge: [ ]Public Works: Don Pauley Don West [x] Engineering: f~~~ `,,,,~~o Mike Powley PROPERTY ACQUISITION DIVISION 1VI~IVIORANDUIVI TO. Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 12, 2010 SUBJECT: Extend Contract Closing Dnte Contract for Sale and Purchase Harmony Heights Stormwater Improvements Estate of Alexandra Merker BACKGROUND: On March 2, 2010, the Board approved a Contract for Sale and Purchase in the amount of $10,500.00 for the purchase of property from the Estate of Alexandra Merker in Harmony Heights, Ms. Merker's property had to go through probate in the State of Florida. The probate process has not been completed and Ms. Merker's attorney has requested an extension of the closing date to December 31, 2010. Public Works has agreed to this extension date in view that this property is an important part of a stormwater drainage pond in Harmony Heights. RECOMMENDATION: Staff recommends the Board approve the extension of the closing date on the Contract for Sale and Purchase to December 31, 2010 and authorize the Chairman to sign the Contract Extension. Respectfully submitted, 1~.. J Ann Riley Property Acquisition Manager BOARD OF COUNTY COMMISSIONERS October 5, 2010 Harmony Heights Stormwater Improvements Alexandra Witt Merker Estate Parcel I . D. 1431-802-0023-000/6 Extension of closing Date PROPERTY ACQUISITION DIVISION On March 2, 2010, the Board of County Commissioners approved a Contract for Sale and Purchase with Alexandra Witt Merker that had a closing date of March 31, 2010. I approve the extension of the closing date on the Contract for Sale and Purchase to December 31, 2010 or sooner to allow for closing documents to be prepared and probate of Ms. Alexandra's estate to be finalized. Board of County Commissioners Date: Chairman Seller; Date: Representative for Ms. Merker CHRIS DZADOVSKY, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator -Faye W. Outlaw, MPA 2300 Virginia Avenue -Fort Pierce, Florida 34982-5652 -Phone (772) 462-1711 -Fax (772) 462-1440 website: www.stlucieco.org Janet Licausi From: MWerneresq@aol.com Sent: Tuesday, September 21, 2010 11:54 AM To: Janet Licausi Subject: Fwd: Merker Estate Attachments: Merker Estate Please see the attached request to extend the closing date. This matter is taking longer than the time it took to list and sell Ms. Merker's New Jersey home! If you have any questions, please contact Susan at Mr. Koblegard's office. I am prepared to sign the requested amended to the contract. If the buyer is not willing to sign for such an extension, please advise Susan accordingly. Mike Janet Licausi From: koblegardlaw@aol.com Sent: Tuesday, September 21, 2010 9:42 AM To: mwerneresq@aol.com Subject: Merker Estate Mr. Werner: The Letters of Administration have been entered. Can you get me an addendum to the contract extending the closing date until say December 1, 2010, so that I can submit a Petition for an order authorizing the sale? The closing date on the current contract is March 31, 2010. Thanks, Susan R. N. Koblegard, III, Esq. 200 S. Indian River Drive, Suite 201 Fort Pierce, FL 34950 Telephone: (772) 461-7772 Facsimile: (772) 461-0226 Email: koblegardlaw(a~aot.com AGENDA REQUEST T0: BOARD OF COUNTY COMMISSIONERS Review and Approvals SUBMITTED BY (DEPT.): County Attorney .loAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Harmony Heighis Stormwater Improvements Alexandra Witt Merker -Parcel I.D. 1431-802-0023-000/6 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Harmony Heights SLC Storrnwater 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 the Estate of Alexandra Merker, 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: APPROVED [ ]DENIED [ ]OTHER Approved 5-0 [x) Asst. County Attorney:~_ Heather Young [xj Originating Dept; Si,^~~. JoAnn Riley (TEM NO. VI-S-1 DATE: March 2, 2010 REGULAR [ PUBLIC HEARING Leg. [ ]Quasi-JD [ ) CONSENT [X PRESENTED BY: CONCURRENCE: Faye W. Outlaw, MPA County Administrator [xj Engineering: MY (x) Public Works: ~' Mike Powley Don West PROJECT NAME: Harmony Heights Stormwater Project PARCEL: Alexandra Witt Merker-Parcel # 1431-802-0023-00016 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this '~_ day of, 2010, Estate of Alexandra Merker, whose mailing address is c/o-.John L. Weichsel, Attorney. 79 Main Street, Hackensack. NJ 07601 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 Ten Thousand Five Hundred and 00/100 Dollars, determined to be the total of the following: ($10,500.00) Real Property 1431-802-0023-00016 10 500.00 Other Improvements upon the Land (described, if any) NIA Other (describe) NIA 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 and closing on Lot 10, Lot 11,Lot 12, and Lot 13, Block B, Harmony Heights No 5. (Same Owner) 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 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. 2 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 Heiahts 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 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 March 31, 2010 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 hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of 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 4 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. 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 properly. (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 5 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 deliver to PURCHASER any such notice received prior to 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. 6 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 or the 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. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this ~ Witness day of~~82 v A2~{ , 2010. ESTATE OF ALEXANDRA ~- MI HAEL R. Werner, Esq. Executor STATE OF 1 v (~ ) COUNTY OF ~'~- ) The foregoing instrument was acknowledged before me this ~~~ day of 2010, by Michael R. Werner. Esq. Executor for the Estate of Alexandra Merker who is personally known to me or who has produced a drivers license issued within the last five years as identification. ~~~ ~ ~r ~~ ~ ~ ~'t7 Notary P lic My Commission Expires -~ ~S ~ ~ f~~w t 6~ ~ ANGNES ANDttOWI Notary -utfHC (Printed Typed or Stamped stot,~ of New JwrayName Notary Public) t#Ily CotnmbNon Ezph~s May 7, X012 EXECUTED by PURCHASER this ATTEST: ~~ % 1 /r J .f'/ ~~ sk. ~/f ~~ ~ ~ / ~ ~~ DEPUTY day of / ~~`~-''" , 2010 BOARD OF COMMISSIONER; COUN.~, .._F BY: 8 C ST. LUGIE DA APPROVED AS TO FORM AND EXHIBIT "A" LOT 9, 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. 9 EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS ~i~ 12 ~' AGENDA REQUEST ~ „~ Cou[vTy F L O R I D A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B.3 DATE: October 12, 2010 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUB CT: Ordinance No. 10-038 -Permission to Advertise BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board grant permission to advertise Ordinance No. 10-038 for n public hearing on Tuesday, November 9, 2010 at 6:00 p.m. COMMISSION ACTION: CONCURRENCE: [~' APPROVED [ ]DENIED [ ]OTHER: `~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and ADDroyals County Attorney: Management b 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.: 10-1272 DATE: September 29, 2010 SUBJECT: Ordinance No. 10-038 -Permission to Advertise BACKGROUND At the Board's September 28, 2010, informal meeting, the Board requested that the County Attorney draft an ordinance amending the County's regulations pertaining to the hours of sale of alcoholic beverages to make the County's regulations consistent with the regulations adopted by the City of Fort Pierce. In this regard, attached is a copy of draft Ordinance No. 10-038 which, if adopted, would prohibit the sale of alcoholic beverages within the unincorporated St. Lucie County between the hours of 2:00 a.m. and 7:00 a.m. each day. RECOMMENDATION/CONCLUSION Staff recommends that the Board grant permission to advertise Ordinance No. 10-038 for n public hearing on Tuesday, November 9, 2010 at 6:00 p.m. Respectfully submitted, ~~? ~.~ ~~ Onniel S. McI County Attory DSM/caf Attachment ORDINANCE NO. 10-038 AN ORDINANCE AMENDING CHAPTER 1-3 (ALCOHOLIC BEVERAGES) BY AMENDING SECTION 1-3-1 (HOURS OF SALE REGULATED); OF THE ST. LUCIE COUNTY CODE OF ORDINANCES TO PROHIBIT THE SALE, CONSUMPTION AND SERVICE OF ALCOHOLIC BEVERAGES BETWEEN THE HOURS OF 2:00 A.M. AND 7:00 A.M. OF EACH DAY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABIl.ITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Currently Section 1-3-1 of the St. Lucie County Code of Ordinances prohibits the sale, consumption and service of alcoholic beverages between the hours of 2:00 n.m. and 7:00 on weekdays; between the hours of 2:00 a.m. and 1:00 p.m. on Sundays, except that wine, champagne and beer could be consumed or served on the premises after 11:00 a.m. on Sundays in conjunction with the service of food in establishments which are accessory to nn eating place; and between the hours of midnight and 7:00 a.m. on Monday, except when December 31 falls on n Sunday, in which event the same closing hours applied ns on weekdays. 2. This Board believes that amending the current regulations concerning hours of sale for alcoholic beverages to make the County's regulations consistent with the regulations adopted by the City of Fort Pierce is in the best interest of the health, safety and welfare of the citizens of S.t Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners o St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-3-1 (HOURS OF SALE REGULATED) OF CHAPTER 1-3 (ALCOHOLIC BEVERAGES) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES Section 1-3-i of Chapter 1-3-1 is hereby amended to rend as follows: ~ passages are dekted. -1- Underlined passages are added. Section 1-3-1 Hours of sale regulated. No alcoholic beverages may be sold, consumed or served or permitted to be served or consumed, in any place in the unincorporated areas of the county holding a license under the Florida Division of Beverages of the Department of Business Regulations except for licensees operating bottle clubs as defined in section 561.01(15), Florida Statutes (1990 Supplement), in existence on January 1, 1991, during the following hours: (1) Between the hours of 2:00 a.m. and 7:00 a.m. of each ~' ¢2) , and Any bottle club exempted from the provisions of this section shall be treated as a non- conforming use that is sub ject to the provisions of section 10.00.02 of the St. Lucie County Lnnd Development Code. The exemption of this section shall only apply to the specific licensee operating the bottle club on or before January 1, 1991. PART B. CONFLICTING PROVISION Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1,1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILTTY If any portion of this ordinance is for ony reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicabiloity to any other person, property or circumstances. 5~ree1~-tl+roe~h pauages are dekted. '2' Underlined passage ere added. PART D. APPLICABILI1y OF ORDINANCE This ordinance shall be applicable throughout the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE ', The Clerk is hereby directed forthwith to send a certified opy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida ' 32304. PART F. ADOPTION After motion and second, the vote on this ordinance was ns follows: I, PART 6 Chairman Charles Grande XXX Vice Chairman Doug Coward XXX Commissioner Paula A. Lewis XXX Commissioner Chris Craft XXX Commissioner Chris Dzndovsky XXX CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this day of , 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY. Chair APPROVED AS TO FORM AND CORRECTNESS: SiruekfM~ee~h passages are deleted. BY: County Attorney -3 Underlined passages are added. AGENDA REQUEST Date: October 12, 2010 Regular [ ] Public Hearing [ ] Consent [X] TO. BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-4 PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Resolution No. 10-245 -Confirming Authorization for County Administrator to Approve and Execute Grant Applications on Behalf of St. Lucie County BACKGROUND: See C.A. No. 10-1296 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. 10-245, as drafted. COMMISSION ACTION: p~j APPROVED [ ]DENIED [ ]OTHER: Approved 5.0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator ~/ Coordination/Signatures Count Attorne ~-~`~ t y y Mg . ~ E3u~gct. ~urchasing• Daniel 5. McIntyre Marie Gouin Originating Dept.: Other : Other Finance (Check for Copy only, if applicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-1296 DATE: October 1, 2010 SUBJECT: Resolution No. 10-245 -Confirming Authorization for County Administrator to Approve and Execute Grant Applications on Behalf of St. Lucie County BACKGROUND: On August 24, 2010, the Board adopted Resolution No. 10-157 which substantially amended the Purchasing Manual, including Section 15.1 regarding grant applications. As amended, Section 15.1 of the Purchasing Manual authorizes the County Administrator to approve all grant applications after confirming matching funds, if required, are available and reserved. From time to time, granting agencies require a separate resolution authorizing a designated County representative to execute grant applications. Proposed resolution No. 10-245 has been drafted for that purpose. RECOMMENDATION/CONCLUSION Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 10-245, as drafted. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Management and Budget Director RESOLUTION NO. 10-245 A RESOLUTION CONFIRMING THE AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO APPROVE AND EXECUTE GRANT APPLICATIONS ON BEHALF OF ST. LUCIE COUNTY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 24, 2010, the Board adopted Resolution No. 10-157 which substantially amended the Purchasing Manual, including Section 15.1 regarding grant applications. 2. As amended, Section 15.1 of the Purchasing Manual authorizes the County Administrator to approve all state, federal and other grant applications after confirming matching funds, if required, are available and reserved. 3. From time to time, granting agencies require a separate resolution authorizing n designated County representative to execute grant applications. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. In accordance with Section 15.1 of the Purchasing Manual, this Board does hereby authorize the County Administrator to approve and execute all applications for state, federal and other grants after confirming matching funds, if required, are available and reserved. 2. This resolution shall take effect retroactively on August 24, 2010. PASSED AN DULY ADOPTED this XX day of XX, 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman 1 Missy Stiadle From: Missy Stiadle Sent: Friday, October 08, 2010 4:34 PM To: Barbara Felton; Carol Bishop; Charlene Furtado; Charline Burgess; Chris Craft; Chris Dzadovsky; Customer Service; Daniel McIntyre; Doug Coward; Erick Gill; Eva O'Donnell; Faye Outlaw; Feliciano, Millie A; Hylton, Michelle; Janet 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 Subject: FW: PULLED AGENDA ITEM Importance: High Agenda Item V!-B5 has been pulled by the County Attorney. Pulled because the closing has been continued. Missy Stiadle Executive Assistant to the County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 (772) 462-1156 (772) 462-2131 stiadlem(a.stlucieco.org CC?UNTY ~' r s o k s a w ITEM NO. VI-C1 DATE: 10/12/10 AGENDA REQUEST REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY• Jack T. Southard SUBMITTED BY: Public Safety & Communications Public Safety ~ C munications Director SUBJECT: Budget Resolution No.10-252 State of Florida, Domestic Security Federally Funded Sub~rant Agreement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001516-2510-331233-200 PREVIOUS ACTION: March 9, 2010 -Board approved State of Florida, Domestic Security Federally- Funded Subgrant Agreement in the amount of $72,250.00. REGOMMENDATION: Board approval of Budget Resolution No.10-252 establishing the funds for the State of Florida, Domestic Security Federally-Funded Subgrant Agreement and authorization for the Chairman to sign documents as approved by the County Attomey. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) ~ 7~i Dan McIntyre Originating Dept ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator CoordinationlSianatures OMB Director Budget Analyst ERD Patty Marston r/s Marie Gouin Public Safety & Communications MEMORANDUM TO: Board of County Commissioner` FROM: Jack T. Southard, Public Safety ~ Communications Direct DATE: October 12. 2010 SUBJECT: Budget Resolution No.10-252 State of Florida, Domestic Securrty, Federally- Funded Subgrant Agreement ITEM NO. VI-C1 Backstround: The State of Florida, Domestic Security, Federally-Funded Subgrant Agreement is a cost- reimbursement agreement. Funding provided is to perform local planning, exercise, and training for law enforcement, Fire District and Emergency Management personnel. Funding also used to .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 the EDICS and EDWARDS in the Region 5 Domestic Securely Task Force. These two units are [ltilized for interoperable communications after a disaster has hit. The EDICS is used to tie different frequency radios together, so everyone is able to talk to one another. The EDWARDS is used for telephone and data communications. Recommendation• Board. Approval of Budget Resolution No.10-252 establishing the funds for the State of Flairda, Domestic Security, Federally-Funded Subgrant Agneement and authorization for the Chairman to sign documents as approved by the County Attomey_ t RESOLUTION NO. 10-252 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 Department of Homeland Security through a Domestic Security Federally Funded Sub- grant Agreement, in the amount of $72,250. The funding is intended to enhance County's Emergency Management Plans and Programs that are consistent with the State Comprehensive Emergency Management Plan and Program (SCEMPP) for the 2010-2011 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 12~' day of October, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby amended as follows: REVENUE 001516-2510-331233-200 Dept of Homeland Security $72,250 APPROPRIATIONS 001516-2510-541000-200 Communications $35,125 001516-2510-543000-200 Utilities $35,125 001516-2510-551000-200 Office Supplies $ 500 001516-2510-552000-200 Operating Supplies $ 1,500 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 Pauta Lewis XXX PASSED AND DULY ADOPTED THIS 12TH DAY OF OCTOBER 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI-C2 DATE: 10/12/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jack T. Southard SUBMITTED BY: Public Safety 8~ Communications Public Safety & Co ications Director SUBJECT: Budget Resolution No.10-253 Federally-Funded Subgrant Agreement -Federal match portion BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001523-2510-331233-200 PREVIOUS ACTION: June 8, 2010 -Board approved Federally-Funded Subgrant Agreement in the amount of $84,406.00. RECOMMENDATION: Board approval of Budget Resolution No.10-253 establishing the funds far the Federally-Funded Subgrant Agreement and authorization for the Chairman to sign documents as approved by the County Attomey. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER i-- Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Dan McIntyre Patty Marston Marie Gouin ~~ ~~n Originating Dept. ( ) ERD ( ) Public Safety & Communications MEMORANDUM TO: Board of County Commissioners FROM: Jack T. Southard, Public Safety & Communications Directo DATE: October 12, 2010 SUBJECT: Budget Resolution No.10-253 Federally-Funded Subgrant Agreement -Federal match portion ITEM NO. VI-C2 Backoround• The Federal match portion of the Federally-Funded Subgrant Agreement is acost-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 Ruie Chapter 9G-6, Florida Administrative Code and Chapter 252, Florida Statutes). Recommendation: Board Approval of Budget Resolution No. 10-253 establishing the funds for the Federally-Funded Subgrant Agreement and authorization for the Chairman to sign documents as approved by the Courrty Attorney. RESOLUTION NO. 10-253 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 Department of Community Affairs through a Federally Funded Sub-grant Agreement, in the amount of $84,406. The funding is intended to enhance County's Emergency Management Plans and Programs that are consistent with the State Comprehensive Emergency Management Plan and Program (SCEMPP) for the 2010-2011 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 12t" day of October, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby amended as follows: REVENUE 001523-2510-331233-200 Dept of Homeland Security $84,406 APPROPRIATIONS 001523-2510-541000-200 Communications $41,203 001523-2510-543000-200 Utilities $41,203 001523-2510-551000-200 Office Supplies $ 500 001523-2510-552000-200 Operating Supplies $ 1,500 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 12TH DAY OF OCTOBER 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jack T. Southar SUBMITTED BY: Public Safety & Communications Public Safety & unications Director SUBJECT: State-Funded Subgrant Agreement, Emergency Management Preparedness and Assistance (EMPA) Trust Fund Program Base Grant and Budget Resolution No.10-254 DATE: 10/12/10 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001532-2510-331233-200 PREVIOUS ACTION: N/A PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) RECOMMENDATION: Board acceptance of the State-Funded Subgrant Agreement, Emergency Management Preparedness and Assistance (EMPA), approval of Budget Resolution No. 10-254, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 ITEM NO. VI-C3 AGENDA REQUEST REGULAR ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sictnatures County Attorney ( ) OMB Director Budget Analyst Dan McIntyre ( ) ~~~ ~ ~ ; Patty Marston Marie Gouin Originating Dept. ( ) ERD Public Safety & Communications MEMORAWDUM TO: Board of County Commissioners FROM: Jack T. Southard, Public Safety & Communications Directo DATE: October 12, 2010 SUBJECT: State-Funded Subgrant Agreement, Emergency Management Preparedness and Assistance (EMPA) Trust Fund Program Base Grant and Budget Resolution No.10-254 ITEM NO. VI-C3 Background: The State-Funded Subgrant Agreement, Emergency Management Preparedness and Assistance (EMPA) is for a total of $76,868.00 and is acost-reimbursement agreement. Funding provided is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Managemen# Plan and Program (reference Rute Chapter 9G-6, Florida Administrative Code and Chapter 252, Florida Statutes). Recommendation• Board acceptance of the State-Funded Subgrant Agreement, Emergency Management Preparedness and Assistance (EMPA), approval of Budget Resolution No. 10-254, and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION NO. 10-254 WHEREAS, subsequent to the adoption of the St Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Community Affairs through a grant award fetter, in the amount of $79,355 less $2,487 for State of Florida Communication Services. The total funding of $76,868 from the Emergency Management Preparedness and Assistance Trust Fund is intended to enhance County it's Emergency Management Program in the 2010-2011 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 !T RESOLVED by the Board of County Commissioners of St Lucie County, Florida, in meeting assembled this 12'~ day of October, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby amended as follows: REVENUE 001532-2510-331233-200 Dept of Homeland Security $76,868 APPROPRIATIONS 001532-2510-541000-200 Communications $37,434 001532-2510-543000-200 Utilities $37,434 001532-2510-551000-200 Office Supplies $ 500 001532-2510-552000-200 Operating Supplies $ 1,500 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 12TH DAY OF OCTOBER 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Contract Number: 11-BG-05-10-66-01- CFSA Number: 52.008 STATE-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 St. 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 Scope of Work and Budget, Attachment A, A-1 and B 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 C. (3) PERIOD OF AGREEMENT. This Agreement shall begin on October 1, 2010 and shall end June 30, 2011, 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 thisAgreement. 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 Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) 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 (d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., it shall comply with the following: If the Recipient expends a total amount of State financial assistance equal to or more than $500,000 in any fiscal year of such Recipient, the Recipient must have a State single orproject-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement shows the State financial assistance awarded by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: http://www.state.fl.us/fsaa/statutes.html. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and aclose-out report. These reports shall include the current status and progress by the Recipient and all 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 December 31, March 31 and June 30. (c) The close-out report is due 45 days after termination of this Agreement or 45 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 and A-1 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. (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: 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 law. (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. (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. 7 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 and A-1 -Scope of Work Attachment B -Budget Attachment C -Program Statutes, Regulations and Program Requirements Attachment D -Reports Attachment E -Justification of Advance Attachment F -Warranties and Representations Attachment G -Certification Regarding Debarment Attachment H -Statement of Assurances Attachment I -Change Sheet (17) FUNDING/CONSIDERATION (a) By execution of this Agreement, the Recipient also authorizes the Division to pay on its behalf $2,312 for the recurring charges for the satellite communications service from the total allocation provided to Recipient of $79,355. In addition, the amount of $175 is deducted from the total allocation to reimburse the Division for payment of non-recurring satellite charges on behalf of the Recipient. (b) This is acost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $76,868, subject to the availability of funds. (c) Any advance payment under this Agreement is subject to Section 216.181(16), FIa.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 may be advanced may not exceed the expected cash needs of the Recipient within the first three (3} months of the contract term. For a federally funded 9 Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. At a minimum, the Recipient shall continue to provide other funding for the Recipient's Emergency Management Agency at an amount equal to either: (1) the average of the previous three years' level of county general revenue funding of the Recipient's Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last fiscal year, whichever figure is lower (Rule 9G-19.011, Florida Administrative Code). Recipient's general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the local emergency management agency as defined by Section 252.38, Florida Statutes, shall not be included in determining the "level of county funding of the Recipient's Emergency Management Agency." The Recipient shall certify compliance with Rule Chapter 9G-19, Florida Administrative by its execution of this Agreement, and as a condition precedent to receipt of funding. All payments relating to the Agreement shall .be mailed to the following address: S~. Lu.ce.e Ca Pu:b.2i.c Safety is Commun,%ea~,i,an~ 15305 Gle~s~ ay Roa pant P~.eh.ee, ~L 34945 A~'~'vr : TQ~ F1 T. Sau~-hcycd (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 Finance and Accounting 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 11 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 alive-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. 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 G) 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. (j) 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. (I) 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. 13 (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 apre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (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. The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. 15 EXHIBIT -1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97. FLORIDA STATUTES: State Project (list State awarding agency, Catalog of State Financial Assistance title and number) State Awarding Agency: Division of Emergency Management Catalog of State Financial Assistance Title: Emergency Management Programs Catalog of State Financial Assistance Number: 52008 State Financial Assistance: $79,355 (less $2,312 for satellite service for 9 months and also less $175 for non- recurring charges) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida Administrative Code. Eligible activities for these funds are salaries and expenses relating to maintaining and enhancing county emergency management plans and programs. Eligible recipients for these funds are the 67 Florida counties. 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. Attachment A and A-1 17 a c ca Q c m v R Q ~ p ~ ~ ~ ~ `~ O U ~ ~ ~ o ~ ~ ~ . v ~ ~ ~ ~ ~ 0 a ~ N i~ O ~ ~ ti W O N rn 5 ~ _ i ei °' 0 ,~; q ~ ~ m ~: U q i ,~; q 0 ~ a' o U ~ q ~. 0 Y ~ Y o ~ ~ ~ Y c~ ~ c a~ o c • c •~ ° ~ ~ ~ F ~ ~ 'b .~ C ° ~ + ~ ` y C z'" ~ ~ U ' ~ '" ' ~ ~ Z ~. o ~ :-- o O ~ ~ o~o~.~~ y it }y Y GJ c `~ ~ ~ ~ O q ~ U U ~ a i .° a~ z .:' 3 ~ ~ ~ S'" "" N ~ • ~ cC a r" v~ U a> 3 ~ a~i i °~ ° N > HI Y U] ~ Y Y ~,y Y ~ A . O i. a> a ~ ^d O hr ~ ~ ~ Q> ~ °~ ~ U ~ a`~i ~ 3 Y ~ 3 ~ .o -o ~ ~ ~ ~ ~ o •`~ 3 , F, O ~.. rn U cC G-i ~ 7 ~ O . 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' p" CC ' L ~ O L ~ ~ w 4"' O 'CS O N c6 h r.+ ~ a+ C . ~ m ~ S.•' ~ N b 'b ~ • y y ~ y ~ O .~ N ~ cd a+ ~ ~ Y •~ V] Lab C ~ °~ ~ ~ U cM • ~ Q •~ ~' 3 o cY~i ~ '~ caw .° ~ ~ p, ai p ~ ~ ~ ~ ~ ,~ W c~ y y~~ C Y ~, "O Y C O y a~ `n ~ •~ aCi ~ •~ z O cC s.. y 4 'a W ^~ y ~ tC ~ ,O U ~ ^ ~ v~ U ° U .~ t, U ¢, •-^ 'CS ~ ~O„ y o ~ Q v~ [~ cd U o ~ ~.J y W Q-~ FY ~ ~ ~ ~ ~ " « ". ~ ° 3 ~ ~ .c ~ ~ ~ • a`~i o T ~ ~ ~'' ao ~ o v Q o . w ~ ~ ~ a, w ~ ° ~ o m •o i ~ a 3 a ~ .~ ~ O o ~' >~ w a c~~ ao m~ '~ N' N E E ~ ~ y y? o [~ 3 ~ H ^ ¢' c ~ ~ o ° H W 30 0o y ~ W aoi m ~ j j, ~ ° A Q a • ' ' a ' n y .~ ~ ~ W c~i coa fY. • ~ ~ .o ~ Q ~ ,, ~ ~ ~ t? b ~ q a i ° ~ ~, u° N W ~ ~ O~ O C y.+ y y y w~° b i-~ Y H ~~ ° U v 1: o °~ N CIS 0 S7 ~ ~ .Y ~ ~ w ~ a ° v°i ~ ~ a o ~ y w ° ~ o ~ °.° w z ~ a~ • ~ '~ W • °w O C E .~ o:bw ~ Cd m C a• 4r i~.~ ~ R °„c ~~ aa~ a,aa T -d y 'b ~ U ° caw ° U i. C/] ~ E O ~ () N O U N O C/~ 1 ' °' s ~ ~ r/~ O o vs . ~~..` ° ••QA '~ .~ a ov a ~v ~W n.Uv~ ca a.~(~~ W a~ caW °:~ a,o w ~ o.H d ~.•]~ U ~ ~ s L i. ~ ~ '~" . [~ d ~ .~ ~ Q Q N Attachment B Budget The anticipated expenditures for the Categories listed below are for the Emergency Management Preparedness and Assistance (EMPA) State portion of this subgrant only (Paragraph (17)(a), FUNDING/ CONSIDERATION) Category Salaries/Fringe Benefits Other Personal Services Expenses Operating Capital Outlay Fixed Capital Outlay Anticipated Expenditure Amount $ 11.00 $ 0.00^ $ 7h, Rf,&.00 $ 0.00 0.00 Total State Funds $ 76, S6k.00 (see section 17 -Funding/Consideration) 27 D. That the Recipient shall provide access, subject to reasonable security restrictions, to the Equipment and related areas and locations of the Recipient's facilities and premises, and will arrange permitted access to areas of third-party facilities and premises for the purpose of inspecting the Equipment and performing work related to the Equipment. Service representatives and others performing said work shall comply with the Recipient's reasonable rules and regulations for access, provided the Division is promptly furnished with a copy after execution of this Agreement. The Recipient shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a safe and secure condition. The Recipient shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access to the Recipient's facility as required for efficient service. E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, loss and other hazards. This shall not obligate the Recipient to procure insurance. The Division agrees to procure and maintain all risks insurance coverage on the Equipment. The Recipient agrees to refrain from using or dealing with the Equipment in any manner which is inconsistent with the HNS Agreements, any policy of insurance referred to in the HNS Agreements, and any applicable laws, codes ordinances or regulations. The Recipient shall not allow the Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal wear and tear resulting from its intended use. The Recipient shall immediately report any damage, loss, trouble, service interruption, accident or other problem related to the Equipment to the SWO, and shall comply with reasonable instructions issued thereafter. F. That any software supplied in connection with the use or installation of the equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) and/orthe Division's vendor(s). The use of one copy of said software is subject to a license granted from HNS to the Department, and a sublicense from the Division to the Recipient, to use the software solely in the operation of the Equipment, to commence on delivery of the software to the Recipient and to last for the term of the HNS Agreements. The Recipient shall not: (i) copy or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment. The Recipient shall not, directly or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third party. G. To comply with these provisions until the termination of the HNS Agreements. 29 applied toward the Recipient's Emergency Management Preparedness and Assistance (EMPA) Base Grant expenditures. (4) PROPERTY MANAGEMENT/PROCUREMENT (a) The recipient shall comply with applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. (b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A- 102 -Common Rule. (c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the purpose for which it was intended. (d) Equipment purchased under the terms of this Agreement shall remain the property of the Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and applicable federal policies and procedures. (5) CERTIFICATIONS (a) By its execution of this Agreement, the Recipient certifies that it is currently in full compliance with the Rule Chapters 9G-(i, 9G-11, and 9G-19, Florida Administrative Code, Chapter 252, Florida Statutes, and appropriate administrative rules and regulations that guide the emergency management program and associated activities. (b) The Recipient certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. The Recipient further certifies that EMPA funds shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, public works or other services outside the emergency management responsibilities assigned to the Recipient's Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly assigned in the local Comprehensive Emergency Management Plan (CEMP). 31 Attachment D Reports A. The Recipient shall provide the Division with quarterly financial reports, semi-annual summary progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close-out report, all in a format to be provided by the Division. All report formats provided by the Division shall be made available to the Recipient on the Division's Internet site and a hard copy will be mailed with a fully executed copy of the Agreement. B. The Recipient shall provide the Division with a sampling of documentation listed below will be requested by your contract manager for each quarter. If you wish to submit one or two items (i.e., invoice and check/proof of payment) with your reports, this will suffice unless other sample documents are deemed necessary for audit purposes for the quarterly financial reports. To eliminate large files and mailings, the Division will accept back up documentation on a CD if desired by the county. • Salaries: Supply copies of timesheets documenting hours worked and proof employee was paid (i.e., earning statements/payroll registries) • OPS/Contractual Services: Copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices, checks and canceled checks related to these services. • Expenses: Copies of invoices/receipts, checks and canceled checks o If training/exercise is provided by contractor, an agenda, training materials, exercise materials and copies of sign-in rosters of attendees should be included. If planning is provided then will need copies of planning materials and work products (i.e., meeting documents, copies of completed plans, etc.) o For travel and conference activities, copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of traveUconference. If conference, a copy of the agenda must be provided. Proof of payment is also required for all travel and conferences. • OCO: Copies of invoices/receipts, checks and canceled checks • FCO: Copies of invoices/receipts, checks and canceled checks • Copies of the general ledger each quarter should also be provided. 33 Attachment E 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. p~J NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. ADVANCE REQUEST WORKSHEET [ ]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) DESCRIPTION FFY 2008 FFY 2009 FFY 2010 Total 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURESI 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) r ors[ tnree montns expenditures need only be provided for the years in which you requested an advance. if you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: Cell D3 DEM Award (Do not include any match) X $ MAXIMUM ADVANCE 35 Attachment F 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. Codes of conduct. 37 Attachment G r >6•Ce "ficatt egad" ~n A'-' ~. is ;,:, .~. Debarmen , S spens a , e tt~t t °'~ , `1 ~ _ ~~~And Voluntary Exdusior~ ~ ~'^ ~ , ~' ~. - ~. ; ,-~. ~ ~,~~ ~' a a ; ~s t ' 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 Name and Title Street Address City, State, Zip Date Recipient's Name DCA Contract Number 39 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. 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 41 Attachment I CHANGE SHEET Whenever there is a change to any information listed in the Telephone Directory, please note changes on this change form and submit it to our office as soon as possible. It is imperative for this directory to be as accurate as possible in the event of an emergency. A copy of these changes will be forwarded to the other counties on the Change Form included in the Telephone Directory. county: Emergency Management Contact/Director: Mailing Address: Physical Address: Office Phone: Horne Phone: Fax: Suncom: Warning Point Phone: Duty Pager: Cellular Phone: Warning Point Fax: Internet Address: Assistant Director: Office Phone: Pager: Cellular Phone: Home Phone: Other Staff: Directions to EOC: 43 ITEM NO. VI-C4 DATE: 10/12/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~ID ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jack T. Southar SUBMITTED BY: Public Safety and Communications Public Safety & .Director SUBJECT: Certificate of Public Convenience and Necessity (CON) -Renewal of Port St. Lucie Volunteer Ambulance Class B CON BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 19, 2009 - BOCC approval of CON renewal. RECOMMENDATION: Board approval of the Emergency Medical Services Advisory Committee recommendation of the renewal application of Port St. Lucie Volunteer Ambulance for a Class B CON and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Coordination/Signatures County Attorney (X) Daniel McIntyre Originating Dept (X) Jack T. Southard CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director (X) Budget Analyst Pa y I arston Marie Gouin ERD ( ) -- -- COUNTY ~`°~ F L O R I D A Public Safety & Communications MEMORANDUM TO: Board of County Commissioners FROM: Jack T. Southard Public Safety and Communications Direct DATE: October 12, 2010 SUBJECT: Certificate of Public Convenience and Necessity (CON) -Renewal of Port St. Lucie Volunteer Ambulance Class B CON ITEM NO. VI-C4 Background: Port St. Lucie Volunteer Ambulance has submitted a renewal application for a Class B CON for businesses, agencies, and hospitals which use ambulances to operate anon-emergency inter- facility medical transport or transfer service at the Advanced Life Support (ALS) or Basic Life Support (BLS) level. The Public Safety and Communications Director has reviewed the application and found it to meet the requirements of Chapter 1-12.5 of the Code of Ordinances. On August 18, 2010, the Emergency Medical Services Advisory Council reviewed the application and recommends the approval of the renewal application. Recommendation: Board approval of the Emergency Medical Services Advisory Committee recommendation of the renewal application of Port St. Lucie Volunteer Ambulance for a Class B CON and authorization for the Chairman to sign documents as approved by the County Attorney. ~' •, ~ ~ - RENEWAL APPLICATION ST. LUCIE COUNTY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPLICATION DATE: 5 - 14 - )b Classification applying for: g 1. Applicant's name: Pb~-( 541 Nf L~~ Address: Po ~ g0o26 i ~c~ s~ 1. Por_I S4i~~ Lucre. ~'I .311`}gS Phone: 77a - 33 s- S-~ 3 3 2. Applicant's Business is a ( )Sole Proprietorship ( )Partnership ( )Corporation ~X) NaN - proF~`f camp . If Applicant is a partnership list the name and address of each partner: Name: Address: If Applicant is a corporation, list the Name and Address of the following: Name: Roe aNu W~Ua~ Address: 3P9 ~/~ G~a~~~~ eve PSc- F-f. -3~f9R3 President: Rae4NN WQ(ra~ V. President: ~eFF Rass Secretary: Jb,rvNa J~uNr'N4s - LfS6 .5~' ~ ~r~e~ In. A5L F! .3'198. Treasurer: Jq,vnp ~Nni1N4f Date of Incorporation: X98 / Place of Incorporation: Po~~ s4;ti-f L~.~ci'e ~/~;~, (If Applicant is doing business under a fictitious name, please attach evidence of compliance with Section 865.09, Florida Statutes.) 3. • Applicant's Medical Director: Dr ANA Mg ~cy~ M. D- ' Address: P, 0 Ba S.U~ 18Lb 5~ T'F~+„~ ~~~e Phone: 56 ~- R~18- 5735' 4. Please attach a personnel roster which includes the names of all Applicant's employees, position held, the relevant licenses held by the employee and the license numbers and expiration dates, as required by the State of Florida. s~ ~}aK~r~eN-7 5. Please attach a vehicle roster which describes all vehicles Applicant proposes to use in St. Lucie County as well as the relevant license and registration numbers. s~ A+a~.~ McNt 6: Please list how you handle radio communication from your base of operation in StQQ.L~~u~~cie C( ounty, LLto your v/ehicles, and/or personnel, ou//t in the field of operation. IJ0.5e~ S"T~1dN 'Id ~ ~1 !~ f q~l d 4NG'~ Ge~~K'gr p /'~vNE S , 7. Name of Applicant's insurance carrier and amount of liability coverage (per person and per occurrence). SQe A-Ifq~l,r~N-1! (Please attach Certificate of Insurance from such carrier.) 8. Area (s) proposed to be served by Applicant: Lu~'~e Ca~u~r7Y far 5 ~~ ~venr~S. ~o~ Jn; ~ ~~anis (~r~s - l"ti ;c~r~g ~- r~ ~,~-~ ~. `fo / MarT i N Cdu ~ rN ~ t life E9 ~ -fo ~ i t~ f a Nd 5 7e rev R~.N~i~ O F P.S 9. Address of base of operation from which the proposed area (s) is intended to be served: (If the relevant base of operation has not been established, please indicate and describe the general area proposed for the location of the base of operation.) 1~ SE T+'FFan.y ~~,~.. Di~e~~y acrv5s p~r~iN~ ldf of ~..R. n-f 57. c,~c je l~^ed icCt' C.e Nf~ f . 10. Proposed rate schedule: Please provide schedule of all rates for service currently applicable: (In addition, please indicate whether applicant is willing to provide indigent transport service and community service during any emergencies). k ,, ~~ ,~s ND G~aC4c fd~ 7~aivs~rf ~+oc!leVcr c~ati~s{,etis Ore . 11. Please list any other Counties in the State of Florida or other States in which the applicant holds a Certificate of Public Convenienc1e//and Necessity. ~ No ~N IS ~Gr ~~,~ 0~~~ Ccua4y ~ s~Te Signature of Applicant STATE OF FLORIDA COUNTY OF S-~~ L ~~~ CO~~% The foregoing instrument was acknowledge before me this ~~ day of , 1~J .Zo/~ , by ~ ~ ~~sS as ~.re;.. ~ C, i ~ ~ for 1%~ ~}- SI- 1.-~-~cr ~ Uc~u.n {eer an . ~~~[~ a ~~~~ ~`ia~a VITTORIA WE88 /~~ ~ Notu~- Public -Stan of Florida Notary Public, State of Florida ~' My comm. fcxpka: oac », zof3 ~~ Canmbabn * 00 938313 Personally Known , or Produced Identification / Type of Identification Produced r~(s" J~ l il2IS ~.<.c.ets~2, EMS~EMSAPPP.11 07/13/95 Revised 2/15/02 PORT SAINT LUCIE VOLUNTEER AMBULANCE SERVICE PO BOX 8026 PORT SAINT LUCIE, FL. 34985 772-335-5433 Personnel Roster Name Position License # Exp: EVOC DL # Raeann Wallace EMT 19731 12-1-10 Yes W420733478690 Jeff Ross EMT 521027 12-1-10 Yes 8200425724040 John Guilten EMT 510996 12-1-10 Yes 6450460680850 Shellan Klassen EMT 303153 12-1-10 Yes K425788798730 Roberto Martinez EMT 512048 12-1-10 Yes M635720850410 Denise S Walker EMT 504697 12-1-10 Yes W426177587010 Jose C. Roman EMT 512433 12-1-10 Yes 8550423754610 Roger Lawrence EMT 522363 12-1-10 Yes L652723754580 Jose Rosario Paramedic Pmd512500 12-1-10 Yes 8260425813760 Bobby Brown EMT 518723 12-1-10 Yes 8650779850060 Austin Dente EMT 519332 12-1-10 Yes D530007801860 ,~ Port Saint Lucie Volunteer Ambulance Service, Inc. VEHICLE ROSTER ATTATCHMENT #5 1997, FORD, MODEL E-350 AMBULANCE, ID# 1FDJS34F8VHB42289, State of Florida BLS License #004010 1997, FORD, MODEL E-350 AMBULANCE, 1D# 1FDJS34F1VHA97664, State of Florida BLS License #003203 We thank you on behalf of the thousands of patients that we have transported over the past 20+ years. As you know, our service is a not for-profit, charitable service that does not charge for our services exists solely on the donations and generosity of the people of our community. Named-Insured: PORT ST LUCIE VOLUNTEER AMBULANCE SERVICE, INC PoticyNumber: VFIS-CM-1056443-02/000 Policy Period: From: 12 - 01-2 0 0 9 To: 12-O1-2010 Insured's #: Insured Entity: Year: 1997 Make: FORD Use: Model: AMB BLS Class Code: 7 919 0 0 V.I.N.: 1FDJS3 4F1VHA9 7 6 64 State: FL Valuation: Agreed Value Territory: 15 8 Coverages: Liability (combined single limit) Limit of Insurance $ 1 0 Deductible Premium Personal Injury Protection (PIP) Se 0 0, 0 0 0 , e ~dorsemer~ $ 1, 3 8 6 $ 27 Added Personal Injury Protection Properly Protection Insurance (MI only) Auto Medical Payments Medical Exp. And Income Loss Benefits (VA only) Uninsured Motorists (UM) $ 1, C 0% ~ ,;: 0; Underinsured Motorists (UIM) $ 1, 0 0.0 , 0 ~1 INCL Physical Damage -Comprehensive $ 5 5 ~ `~ f 33 ' "~ ~ ~ - S 17 6 - " " Ph sica[ D y amage -Specified Causes of loss Physica[ Damage -Collision Physics Damage -Towing and Labor $ 5 5, u 0 0 ~ '- $ 5 6 8 ~- Other Auto Coverages Total: 2,265 Insured's #: Insured Entity: Year: 1997 Make: FORD Model: AMB BLS V.I.N.: 1FDJS3 4F8VHB422 89 Valuation: Agreed Value Coverages: Liability (combined single limit) Personal Injury Protection (PIP) Added Personal Injury Protection Property Protection Insurance (MI only) Auto Medical Payments Medical Exp. And Income Loss Benefits (VA only) Uninsured Motorists (UM) Underinsured Motorists (UIM) Physical Damage -Comprehensive Physical Damage -Specified Causes of loss Physical Damage -Collision Physical Damage -Towing and Labor Other Auto Coverages Total: .se: Cis Code: 7919 0 0 :e:cry: 38 Limi# of Insurance 3^e Premium $ 1,000,000 1,386 See Endorse~en.~ c 27 $ 1,000,000 $ 1,000,000 INCL $ 55,000 00 $ 176 $ 55,000 Y 250 $ 568 2,265 AU1000 (11/06) WSUR® COPY Faye: 3 I1-04-2009 l~ Named Insured: PORT ST LUCIE VOLUNTEER AMBULANCE SERVICE, INC Policy Number: VFIS-TR-2060393-02/000 Policy Period: From 12 - O l- 2 0 0 9 To 12-01-2010 Limits of insurance Each Occurrence or Medical Incident Medical Expense Personal & Advertising Injury General Aggregate Products -Completed Operations Aggregate Prod ucis -Completed Operations are subject to the General A99fe9ate limit unless indicated otherwise Employers' Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease 51,000,000 S 5, 040 5 -, V4J, ;~e:U 52, OGU, L=„0 S2,t,VU, ~~4 S Each Accident $ Policy Ltrrrit S Each Emplay~ee or volunteer Any One Person Estimated Coverage Part Premium: $ 1, 4 9 4. 0 0 Taxes, Fees and Surcharges: $ 3 7.3 5 Total Premium: $ 1, 5 31.3 5 ~ea~teraE.L~ability~ Fot-ms = - _ See Schedule of Forms and Endorsements. 11-04-2009 INSUR® CCPY c o u N-r y F L O R I D A ITEM NO. VI-D1 DATE: 10/12/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( X ) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Planning & Development Services St. Lucie County International Airport PRESENTED BY: i Todd A. Co ~,' Airport Man r FDOT Joint Participation Agreement Termination, Florida Power & Light Utilities Relocation Reimbursement See attached memorandum. 140371-4220-563000-48006 -Infrastructure. 140-4220-531000-4804 -Professional Services/Local Match. PREVIOUS ACTION: April 14, 2010 - BOCC approval of Resolution No. 10-118 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement. May 11, 2010 - BOCC approval of Budget Resolution No. 10-143 establishing the fund. RECOMMENDATION: Board approval of Resolution No. 10-257 to terminate the FDOT Joint Participation Agreement for the Florida Power & Light Utilities Relocation Reimbursement, returning the unused local match funds ($5,132) to Fund 140-4220-531000-4804, 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/Signatures County Attorney ( ) %~ OMB Director ( ) ~` ~ ~A _ /~~ J' Budget Analyst ' -1 Daniel S. McIntyre rie Gouin Patty Marston Purchasing ( ) Onginating Dept. ( ) Desiree Cimino Melissa SGI~/ and Mark Satterlee ERD ( ) C O C.I NT Y F L O R I D A AIRPORT MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Direc or FROM: Todd A. Cox, C.M., Airport Manager DATE: October 12, 2010 SUBJECT: FDOT Joint Participation Agreement Termination, Florida Power & Light Utilities Relocation Reimbursement ITEM NO. VI-D1 Background: This agenda request is for Board approval to terminate an existing Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) associated with the Florida Power ~ Light (FPL) Utility Relocation project in the amount of $5,132. The associated local match of $5,132 will be returned to 140- 4220-531000-4804 (Professional Services/Local Match) for use in future projects. In August 2007, the Board accepted a Federal Aviation Administration (FAA) grant fora 95% share of $1,300,000 to cover the anticipated cost of $1,320,000 for the FPL utilities relocation project. In January 2009, FPL advised that the projected construction cost in relocating the transmission lines had increased from the estimated $1,320,000 to $1,581,489. This $268,489 increase did not include the costs for relocating the associated distribution lines, which resulted in an additional $75,287 being added to the project, resulting in a total project amount of $1,656,776. Due to FPL's requirement for advance payment, the Board approved the transfer of additional funds from the Airport West Commerce Park (AWCP) project in the amount of $343,776 to cover the transmission and distribution line shortfalls. In May 2010, FDOT issued a grant in the amount of $5,132, with a local match of $5,132, in anticipation of receiving an FY2010 FAA grant in the amount of $195,000 reimbursing the construction costs associated with the project. The project was completed on March 15, 2010 and the final invoice was received on August 24, 2010 which reflected a decrease of $412,058.93 for the overall project amount. As a result, the $343,776 that previously supplemented this project is being reimbursed back to the AWCP fund for Phase 2 of the AWCP project, and the grant of $5,132 is no longer needed. Recommendation Board approval of Resolution No. 10-257 to terminate the FDOT Joint Participation Agreement for the Florida Power & Light Utilities Relocation Reimbursement, returning the unused local match funds ($5,132) to Fund 140-4220-531000-4804, and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION N0. 10-257 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT TERMINATION (FIN. PROJ. N0. 428569-1-94-01) FOR THE RELOCATION OF FLORIDA POWER AND LIGHT POWERLINES AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT; AUTHORIZING THE CHAIRMAN TO EXECUTE THE TERMINATION AGREEMENT; AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE TERMINATION 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. On April 13, 2010, the Board of County Commissioners approved the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 428569-1-94-01) to provide funding for the relocation of Florida Power and Light Powerlines at the St. Lucie County International Airport. 2. The parties have determined it is necessary to terminate the Public Transportation Joint Participation Agreement. 3. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement Termination 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 Joint Participation Agreement Termination with the State of Florida (Fin. Proj. No. 428569- 1-94-01) to provide funding for the relocation of Florida Power and Light Powerlines at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairman to execute the above-referenced termination agreement and further authorizes the County Attorney to execute the termination agreement by approving it as to form and correctness. i After motion and second, the vote on Resolution 10-257 was as follows: Chairman Charles Grande XXX Vice-Chairman Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this day of ATTEST: DEPUTY CLERK BY: 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Fin. Proj. No. 428569-1-94-01 Contract No APW~4 JOINT PARTICIPATION AGREEMENT TERMINATION This agreement made and entered into this 20th day of September 2010 by and between the State of Florida Department of Transportation, an agency° of the State of Florida, hereinafter called the Department and St Lucie County BOCC hereinafter called the Agency. WITNESSETH WHEREAS, the parties have determined that the performance of the Joint Participation Agreement entered into between the parties on May 7, 2010 , is not in their best interests. NOW, THEREFORE, in consideration of the premises it is agreed that the above described agreement is terminated and each party relieves the other of any obligations. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed. AGENCY FDOT APPROVED AS TO FORM, LEGALITY BY:_ TITLE: ATTEST: TITLE: LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION TITLE APPROVED AS TO FORM, LEGALITY C ~ C.I N7 Y F L O R I D A PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Planning and Development Services Planning Division ITEM NO. VI-D2 DATE: 10/12/10 REGULAR PRESENTED BY: Linda Pendarvis Planner Permission to Advertise -Development Agreements Revocation, Incom Properties 31, Inc. See attached memorandum. N/A PREVIOUS ACTION: October 17, 2006 -The Board approved the Regions Center and King Leal Industrial Subdivision Development Agreement. March 20, 2007 -The Board approved the King's Center Industrial Warehouse Development Agreement. RECOMMENDATION: Board authorization to advertise two public hearings before the Board of County Commissioners, as outlined in the agenda memorandum. BACKGROUND: FUNDS AVAILABLE: COMMISSION ACTION: APPROVED ( ) OTHER County Attorney (X) County Engineer (X) Originating Dept. (X) ( ) DENIED Approved 5.0 `d ~' CONCURRENCE: ~~ Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Surveyor Daniel S. McIntyre ttil ~/~ Michael Powley Mark Satterlee ERD OMB (X) ~~ Ron Harris ~ ) Karen Smith ~ ) Marie Gouin Purchasing ( ) Melissa Simberlund Board of County Commissioners Hearing Date Tuesday October 12, 2010 Applicant St. Lucie County Planning & Development Services 2300 Virginia Avenue Fort Pierce, FL 34982 Property Owner Mr. Peter Ingraldi Incom Properties 31, Inc. 855 S. Kings Hwy Fort Pierce, FL 34945 Proiect Location Kings Highway Future Land Use IND (Industrial) Existin_g Zoning IL (Industrial, Light) Staff Recommendation Board authorization to advertise two public hearings before the Board of County Commissioners, as outlined in the agenda memo- randum. Proiect Coordinator Linda Pendarvis, Planner 772.462.1562 -l ~ 0: ~ A ~ s ~~ ,. ~ G 8 c; iz; ~ ~ °' N ' ~ ~\ ~ CI y q°, ; Y ' St Lucie Blvd 1i ~' C-25 Carel Subieet properties ~ " \ 9 S y \ij~P :Y ~ .. a Orange Ave e _ ~~ Y. ~ C, !n. o ~o ~ ~, ~: yVir g 'niaAve ~ve ec ,a ' I O e m ' I ~ ' Edwards d ~ - - y- ~~' N ~ Incom Properties 31, Inc. AGENDA ITEM No. VI-D2 Development Agreements Revocation ~~ C-25 CA NAL I (~ ~ Q U Kry L I °~ 500 R• ~ ~ W - o I ~ W f o U f ~ W ---+• ~--•. ANGLE=RD ~iu k~~, W Z H~ W a ACCE ~ y i~ goo ~ RS ATF SSRD Q9~y~ '~ ~`r \ it z C.n1er 50 ~ ( / Y ................ i Z~`~ 3 ,~ / I ' ~i -~~~.-~ - z ~ ®Subject properties N ! Y i `-- _ 500' notification area A~ ' ~~"~~ I I ~ Project Location: King Leal and Regions Center Industrial Subdivision and King's Center Industrial Warehouse located along the Kings Highway Corri- dor between Orange Avenue and St. Lucie Blvd. Proiect Description The revocation of Incom Properties 31, Inc and St. Lucie County Devel- opment Agreements for the projects known as King Leal, Regions Center and King's Center. Background Incom Properties 31, Inc. entered into Development Agreement DVA 06-001 and DVA 07-001 with St. Luce County. County staff made a preliminary finding that there has been a failure to comply with the terms of the development agree- ments. To revoke the approved agreements, the Board of County Commissioners shall conduct two public hearings at which the devel- oper may demonstrate good faith compliance with the terms of the agreements. If the Board determines that the de- veloper has not complied with the terms and conditions of the develop- ment agreements, the Board may modify or revoke the agreements. Recommended Action Board authorization to advertise two public hearings before the Board of County Commissioners, as outlined in the agenda memorandum. Notice Requirements As required for a development agreement, public hearing notice shall be sent to property owners within 500 feet of the subject prop- erty and an ad shall be published in the local newspaper. 9/29/2010 J Cau [vTy F L O R I D A Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning and Development Services Direct Kara Wood, Planning Manager FROM: Linda Pendarvis, Planner DATE: October 12, 2010 SUBJECT: Permission to Advertise -Development Agreements Revocation, Incom Properties 31, Inc. ITEM NO. VI-D2 Background: This memorandum is intended to initiate the revocation process for two development agreements between Incom Properties 31, Inc. and St. Lucie County for three projects located on or near Kings Highway, north of Orange Avenue. The agreements have been in effect for several years but the developer has yet to implement required actions in the agreements. Over the past two years, the developer has repeatedly indicated a desire to amend the agreements but has yet to take any action to either amend or implement them. As such, the Planning and Development Services Department is recommending revocation because the developer has 1) failed to convey road right-of-way to the County and 2) failed to pay fees required for mitigated project impacts to the roadways. Further, it appears that the developer may not be in a position to implement the agreements as research shows that 2008 and 2009 property taxes have not been paid for any of the subject developments and one of the subject properties is in foreclosure. On October 17, 2006, the Board of County Commissioners approved Regions Center and King Leal Industrial Subdivisions under Resolution No. 06-169 and Resolution No. 06-168. As a condition of approval, Development Agreement DVA No. 06-001 provided aten-year term with an effective date of November 25, 2008. On March 20, 2007, the Board of County Commissioners approved King's Center Major Site Plan under Resolution No. 07-019. As a condition of approval, Development Agreement DVA No. 07-001 was also provided aten-year term with an effective date of May 13, 2007. Pursuant to Section 11.08.08 Periodic Review, development agreements are subject to annual review commencing twelve months after the effective date. Staff did not initiate review of the agreements under Section 11.08.08 as the developer, Mr. Ingraldi, repeatedly indicated that he wished to revisit components of the agreements. Planning and Development Services staff made numerous attempts to contact Mr. Ingraldi to offer assistance and to discuss proposed amendments to the development Board of County Commissioners Incom Properties 31, Inc. Development Agreements October 12, 2010 Page 2 of 2 agreements. No meetings or substantive discussions have ever resulted from any of staff's repeated attempts to work with Mr. Ingraldi. As a final effort, the Planning Division sent certified letters to Mr. Peter Ingraldi notifying him of the noncompliant status of development agreements between Incom Properties 31, Inc. and St. Lucie County. The August 11, 2010 letters provided a 30-day time frame for Mr. Ingraldi to contact the Planning Division and either come into compliance or initiate the revisions he has repeatedly requested. To date, no one from Incom Properties 31, Inc. has contacted staff regarding the revocation of the development agreements. As there has been no response from the developer and the agreements are out of compliance, staff is compelled to initiate the revocation process. Pursuant to Section 11.08.08(D) revocation requires two public hearings before the Board of County Commissioners. Recommendation Board authorization to advertise two public hearings before the Board of County Commissioners, as outlined in this agenda memorandum. r~1 E~. ;L .Q R ; I D_ R AGENDA REQUEST ITEM NO. VI-D3 DATE: 10/12/2010 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ~ CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart SUBMITTED BY: Planning and Development Services Department Business 8 Concurrency Manager ~jl~ SUBJECT: Road Impact Fee Credit Agreement 10-003, Dybra PSL Development, LLC (Prima Vista Commons) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: August 28, 2007 -Board of County Commissioners adopted Resolution No. 07- 264 for the dedication of right-of-way along Lennard Road. RECOMMENDATION: Board approval of Road Impact Fee Credit Agreement 10-003 and authorization for the Chairman to sign document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER ~ --- Approved 5-0 Faye W. Outlaw, MPA County Administrator ;~ Coordination/Signatures County Attorney (X) ~_ ~ County Surveyor (X) Daniel S. McIntyre Ron Hams /' County Engineer (X) ~~~~ ERD ( ) Michael Powley Originating Dept. (X) OMB ( ) Mark Satterlee Purchasing ( ) Melissa Simberlund Karen Smith Marie Gouin C 0 ~1 1'~ T ~ „F'~ . L ~ 1 :=~~ ~~D ~ PLANNING AND DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning and Development Services Direc~t~~~ FROM: Michael Brillhart, Business and Concurrency Manager ~ rj') DATE: October 12, 2010 SUBJECT: Road Impact Fee Credit Agreement 10-003, Dybra PSL Development, LLC (Prima Vista Commons) ITEM NO. VI-D3 Background: On August 28, 2007, the Board of County Commissioners adopted Resolution No. 07-264 (attached) approving the dedication of approximately 11.33 acres of right-of-way along Lennard Road relating to the final site plan approval of the Prima Vista Commons PUD. Dybra PSL Development, LLC in serving as developer for the Prima Vista Commons PUD project has requested road impact fee credit for this right-of-way donation. Per review by the County Surveyor, it has been determined that only four acres of the total 11.33 acres are eligible for road impact fee credit. These four acres wilt be used as right-of-way for future sidewalk, storm-water pond retention, and roadway construction relating to the Prima Vista Commons project and in conjunction with the Lennard Road MSBU. Staff has determined that the four acre right-of-way donation is eligible for credit against road impact fees as stipulated within Section 1- 17-33.1(c) of the Code of Ordinances of St. Lucie County. The value of the property donated to the County is $154,000 based upon an appraisal prepared by Pinel and Carpenter, Inc. and reviewed by Fuller-Armfield-Wagner the County's independent appraiser to ensure compliance with Section 1-17-36 of the St. Lucie County Code of Ordinances. The applicant is eligible for Road Impact Fee Credit in the amount of $154,000. Recommendation: Board approval of Road Impact Fee Credit Agreement 10-003 and authorization for the Chairman to sign document as approved by the County Attorney. RIF 10-003 A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND DYBRA PSL DEVELOPMENT, LLC IN CONSIDERATION FOR THE DONATION OF RIGHT-OF-WAY ALONG LENNARD ROAD. THIS AGREEMENT is made and entered into as of this 12th day of October, 2010, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as St. Lucie County. and DYBRA PSL DEVELOPMENT, LLC, whose address is 2300 Lee Road, Winter Park, Florida 32789, hereinafter referred to as prima Vista Commons.. WITNESSETH: WHEREAS, on August 28, 2007, Dybra PSL Development, LLC dedicated to St. Lucie County, through Resolution No. 07-264 recorded in the Public Records of St. Lucie County, certain property representing 11.33+/- acres, for the future widening and public utility infrastructure along Leonard Road in consideration of the Lennard Road MSBU, as further described in the attached Exhibit .A. (the .Dedication.), on which it is developing a pro ject to be known as Prima Vista Commons and, WHEREAS, St. Lucie County has adopted a .i2oads Impact Fee Credit Ordinance. which imposes impact fees relating to public transportation facilities; and, WHEREAS, Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County provides for credits for the donation of non-site related right-of-way on those roadways that are a part of the County Roods Impact Fee Eligibility network; and, WHEREAS, Leonard Road is part of St. Lucie County~s Road Impact Fee Eligibility network; and, WHEREAS, based on the provisions of Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County, the amount of the right-of-way donation that is eligible for consideration of road impact fee credit is: 154 000 WHEREAS, Dybra PSL Development, LLC is desirous of establishing the amount of Credit that Prima Vista Commons shall be entitled to for the right-of-way donation. NOW, THEREFORE, in consideration of the mutual covenants entered into to be made and performed, and in consideration of the benefits to accrue to agreed ns follows; Section 1. Incorporation by Reference. The above recitals are true and correct and made a part of this Agreement by reference. Section 2. Amount of Credit. Dybra PSL Development, LLC is entitled to a credit against Road Impact Fees in the amount of One Hundred Fifty Four Thousand ($154,000) Dollars under the criteria set forth in Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County for the donation of right-of-way along Lennnrd Road. Section 3. Limitation of Credit. The credit established by this Agreement is limited solely to the property legally described in the attached Exhibit .A., and is not transferable to any other property owned by Dybra PSL Development, LLC in St. Lucie County. The credit may only be applied against Road Impact Fees and shall not be transferable as a credit against other impact fees imposed for purposes other than roads. Section 4. Assignability of Credit. Dybra PSL Development, LLC may assign all or part of the credit described in Section 2 above to its successors in title and interest to the property described in Section 3 above. Such assignment shall be by recordable written instrument. Before the assignment is effective, a copy of the assignment shall be provided by Dybra PSL Development, LLC to St. Lucie County, at the address set forth below and the original assignment shall be recorded in the Public Records of St. Lucie County: County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 with a copy to: County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 Section 5. Recordnbility of Agreement. This Agreement shall be recorded by St. Lucie County in the Public Records of St. Lucie County and shall be binding upon Dybra PSL Development, LLC and any successors in interest and title to the property described in Section 3 above. Section 6. Termination of Agreement. This Agreement shall be effective until all of the Road Impact Fee credits authorized under Section 3 have been consumed through the issuance of a building permit, or similar development approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of: ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: APPROVED AS TO FORM AND CORRECTNESS WITNESSES: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF By: Chairman County Attorney DYBRA PSL DEVELOPMENT, LLC C/O BEL-HIRE DEVELOPMENT GROUP, INC. 2300 LEE ROAD, WINTER PARK, FLORIDA 32789 B. MICHAEL KALIN, VICE PRESIDENT BEFORE ME, the undersigned authority, personally appeared B. MICHAEL KALIN, and are authorized to sign and execute the above Agreement and that the representations above stated are true and correct to the best of his/her knowledge, information, and belief. SWORN TO AND SUBSCRIBED before me this 12th day of October, 2010. Notary Public, State of Florida >~ 0 .~, m .~, y Q s~ 0 -~ +~ .,~ En .r., O W ~~ ~ '~ v a~ 0 U i ~ ~I a RESOLUTION NO.. 07-264 - - - ` , A RESOLUTION ACCEPTING A . WARRANTY DEED FOR LENNARD ROAD MSBU, ON BEHALF OF ST. LUCIE COUNTY, FLORIDA $E 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 28T" day of AUGUST, 2007. EDWIN M. FRY; Jr., CLERK OF THE CIRCUIT COURT saINT LucIE couNTY BOARD OF COUNTY COMM~,SSIONERS FILE # 3108611 09/1412007 at 02'58 PM +- OR BOOK 2880 PAGE 609 - 616 Dce Type: RESO $T. LUCIE COUNTY, FLORIDA _ RECORDING: $69.50 ~ ,, ~~ Clerk LIT C'4~rRT C~ J'~, _. , . ~ ,n O ,~ ~ ~ } t , ~~ ~~~h..4: I R~_I~µ ' BY: 6:\ACQ\WP\Right of Woy Donations\Primo Vista Commons\Resolution No. 07-264.wpd This Instrument Prepared by: Treasure Coast Abstract & Title Insurance Co. ' 500 Virginia Avenue, Suite 200 - ' Fort Pierce, F134982 Wendy Lounds/File No. 07-1093 WARRANTY DEED THIS WARRANTY DEED, executed this ~J~%`Jday of August, 2007 by DYBRA PSL DEVELOPMENT, LLC, a Florida limited liability company herinafter called the Grantor, to ST. LUCIE COUNTY, a political subdivision of the State of Florida whose address is: 2300 Virginia Avenue, Fort Pierce, FL 34982 Hereinafter called the Grantee: (R'herever used herein, the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of the individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, That the Grantor, for and in consideration of the sum of $10.00 and other good and valuable considerations, in hand paid by the Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee forever, all that certain land situate, lying and being in the County of St. Lucie, State of Florida, to-wit: See Exhibit "A" attached hereto and made a part hereof SUBJECT TO the following: 1. Restrictions, reservations, and easements of record,. if any, provided, however, that this reference shall not serve to reimpose 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 the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor 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 taxes accruing subsequent to December 31, 2005. IN WITNESS WHEREOF, .the Grantor has caused these presents to be executed the day and year first above written. Signed, Sealed and Delivered in the Presence of: ;~7~i~~~lne~.~/ DYBRA PSL DEVELOPMENT, LLC, a Florida limited liability company BY: BEL-AIRS DEVELOPMENT GROUP INC a Florida corporation as Nlana~in~ Member ADDRESS: 2300~L~ee/~Roa~d,,rWinter Park, FL 32789 ~. Michael Kalin, Vice President ADDRESS: 2300 Lee Road, Winter Park, FL 32789 STATE OF ~~~~~ COUNTY OF 0~~ I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of August, 2007, by B. Michael Kalin, Vice President of Bei-Aire Development Group, Inc, which is the Managing Member of Dybra PSL Developmant, LLC, who is personally known to me or who produced as identification and who did not take an .oath. ~ 1 ~~ (Sep) .;`~L ~ ~„ M , N Public °a _ , ,s , ~ ~ ~ ° n ~ ~,~..,, tJotary Public State of Florida ;; g ~ ~ ~`~, - ~o ~~ Qeborah P Ragan °°~ tG~ ` ,,' ~ .' `~ Q My Commission DD636390 ~ ~ °°, °e -'~°° for «~ Expires 03127!2011 ~n~~ ~`~ ~r`` 'a~ r,~,r° `=~ +~`~ %~~ ~, 0 v I~ 0 SKETCH OF DESCRIPTION ONLY. THIS lS NOT A SURVEY. C _~ J J ~ :I i AUG 1 ~ 2007 I Q v Q ~~~~~~~ ~~~~ ~ ASSOCIATES, ~NGOIt~O1tATE®, fNGI NE[FIING •1 INNING Si/11VFVINO ENV1110NMENF~I 520 SOUTH MAGNOLIA AVENUE ORLANDO, FLORIDA 32801 C407) 843-5120 S T. L UC l E FLORIDA COUNTY PROPOSED RIGHT-OF-WAY AND POND DEDICATION FOR L ENNARD ROAD u ini c is ne ni ni' /PVSKl.00/ MATCN LINE SEE SHEET 3 I I N89°44'54 "E 715. 00' ~ ~ PC N88°28'51 "E 56..48' ~ ~ C3 RADIAL 3 ,~ ~ PDC J~ ~ ~ 1 s ~ ~, ° ~ C ~ ~ c~` 552°21'26 "E 35.43' o ~ Z ~ PO , ~ ~ ~ S25°57'51 "E o I I ' ~ ~ 44.03 ' ~ \ ~I _ i~ ~ I ~ S 61° w { ~ ~ 999 F 8 Q ~ \ < SHEET 2 DF 5 SEE SHEET 4 & 5 FOR LEGAL DESCRIPTION SEE NOTES PAGE 3 OF 5 CURVE TABLE CURVE RADIUS ARC L ENG 7H DEL TA C1 815.00' 183. 18' i2°52'40" C2 1130.00` 543.40' 27°33'10" C3 1000. 00 ' 22. 12 ' i ° 16 ' 03 " C4 272.68' 180.37' 37°54'00" CS 858. 86' .106- 85' 7°07'92" C6 7000.00' 155. 96' 8°56'09" C7 1130.00' 274.35' 13°54'39" C8 685.00' 105.20'- B°47'57" v N / I ~ ~, \• 533 ° 15 ' 41 "E 35.45 ' ~ I ~ ~ - rn~ N, ~ N ~ .01 ~ o l ~ ~, TB =•N37°09'01 "W r*l ~ ~I-I \ ~ a \ ~ i ~ ~` S23°0'08 "E 108. 92' _ I POC N 3 ~ ~ ~ NOS°05.'24 "E ~ ~TB = szs°24'04 "E Z~~ w 66.96 POCK v,l I ~ fG_ `~ \ v Z o ~ ~ ;,~ c~6f S89P29'S0"W LEGENG P.OB.= POINT OF BEGINNING DELTA -CENTRAL ANGLE NR - NON-RADIAL PC -POINT OF CURVATURE P.L.S.= PROFESSIONAL LAND SURVEYOR POC -POINT ON CURVE. PT -POINT OF TANGENCY R/W - R/GHT OF WAY SEC. - SECTION TB -TANGENT .BEARING • ~ CHANGE /N DIRECTION PCC ~ N ~ m r~ ;W a~ I N J f• z o F~ J Qw a w~ ~ o ~ ~ C6 ~ POC J Z i I M ,~ ~h / 67.37 •.` = S63°18'05"E S C ~ W 3 I I '~ ~ ~ y1 ~ ~ POC ` S30 19 34 E 58. 95 a ~ ~ ~ W o ~ ~ m PT,O~O~ ~~` `~ ~~ n Z gym' I L~ o.~~~h S16°39'35"W 101.74' w OiA' ~ ~ ° ~ al I 0' ~ PC ~'~ re ~= s73°2o'2s "E' ~ , oW ~ I ~ ~~ S47° 15'56 "W ~ v ~ v POC G~ 1.15 - 03 ' POC ~ - ~ POC o~ ,~POC __ ____ ___ U j ~~ ~ ~ N8 °58'47'-'WNR - - - - TIL TON ROAD N89°S8'47 "W 391.85' NR r -- 136. D8 - - - - - " (80 WIDE R/W1 SOUTH L INE~ ~ n 2 3~ ~- - - - -, - - - - - - - - - - TB = N62° 14'45 "'W 1 ~ Z 589°58'47"E 75. 0G' ~ ~ N00°15'06"W 40.00' n SKETCH OF DESCRIPTION ONLY. THIS l5 NOT A SURVEY. z J b v saNORa v_ear~r R1S. LICENSE NUMBER 4972 NOT V.VJD WlTMIX/T THE SGNATUR£ AND THE ORIGINAL RAISED SEAL OF A FLOR/DA LICENSED $(/RVEY0.4 AND YAPPER ir_ Y ~ ~nni CERTIFICATE OF AUTHORIZATION NO. LB /22/ ~~~~~ ~ ~~~ q ~{ ASSOCIATES, nNCOp~IPOPtATELD fNGINEE~INL ~f ANNiML SUIIVE~INL [NVIIIONM[Nf Af 520 SOUTH MAGNOLIA AVENUE ORLANDO, FLORIDA 32801 c407) 843-5120 S T. L UC I E FLORIDA COUNTY PROPOSED R 1 GH T -OF -WAY AND POND DED 1 CA T 1ON FOR L ENNARD ROAD REVD 8/!0/04 SVB ADDED P.O.B. lr/NF iA.04 NAC ~_~ IPVSK/.00/ yA~ `t ` ~~ G ~- a°7 ~ SHEET 3 OF 5 SEE SHEEr` 4 8 5 FOR LEGAL DESCRIPTION l i WE S 7 LINE OF L C T5 8 d 9 N89°57'02"E e ti 0 ~ 1 15.00 /NORTH ± 1 NE SOUTH 1 /2 OF COT 8 m ~ _ _ o --. o ~I +*~ a ~ I I 3 ~ NW CORNER SOUTH 1/2 OF L07 8 ~ ~ I I - LEGEND C` 0 II V J Q U P.0_B.° POINT OF BEGINNfNG DELTA -CENTRAL ANGLE PC -POINT OF CURVATURE P.L_S.= PROFESSIONAL LAND SURV_EYOFc PT -POINT CF TANGENCY R/W = RIGHT. OF WAY SEC.° SECTION. TAN.-TANGENT TB =TANGENT BEARING • -CHANGE !N DIRECTION SEE SHEET 2 Nor E: ' X589°4` 'S4 "W 1 ?S.OG" 1 THIS SKETCH AND LEGAL Vb'AS PREPARED I WITHOUT THE BENEFIT OF A T/TLE OP/NION. ~, DO NOT USE FOR REAL ESTATE TRANSACTIONS. POC BEARING STRUCTURE BASED ON THE WEST .LINE OF THE NW !/4, CF SEC. 23-36-40, AS N00"l5'06"W. ASSUMED- ti o , 3 ~ ! I Z I o ^ I ~ ~ N ~ I~ ' ~ l~ ~ ~p I `~ p N 1° I W ~ ~ wl i o I ~ ~ ~ , ~ p I Dp 3 ~~ Z c I ~ I p ~ ~ p, O p~ I 4i Z ; I ~, ~ PC 3 _ _ ' w!A TCH' L I NE I SKETCH OF DESCRIPTION ONLY. THIS /S NOT A SURVEY. 5 AUC ~ ~ 20u1 ^"1 ~~~ ~~~~~ ~SSOCYATES, gNCOFf~ORA"TED ENLINEEAINL • ~1 ANNINL • SUIIV CUING • ENVIIID NME NIAI I 520 SOUTH MAGNOLIA AVENUE ORLANDO, FLORIDA 32801 (407> 843-5120 S T. L UC I E FLORIDA COUNT Y PROPOSED RIGHT -0F -WAY AND POND DED I CA r 1 ON FOR L ENNARD ROAD REVD B/lO/04 SIiB ADDED P.OB. ~( fP1/CX/FTC C~ Jf ~.~ .r t~ I SHEf T 4 OF 5 SEE SHEE7 2 & 3 FOR SKE7CH LEGAL DESCRIPTION THAT PORTION OF THE SOUTH -HALF OF LOT 8-AND PART OF LOTS 9, 10, AND l1, BLOCK 2, ST. LUCIE GARDENS, LOCATED IN SECTION 23, TOWNSHIP,. 36 SOUTH, RANGE 40 .EAST, AS RECCRDEO iN PLAT BOOK 1, PAGE 35, OF 7HE PUBLIC ~- RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: a ai O O N O 0 o_ Y I J COMMENCING AT A 5/B INCH IRON ROD AND CAP STAMPED "LB 1221" MARKING THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA THENCE N00°15'06"W, ALONG THE WEST LINE OF SAID QUARTER, A DISTANCE OF .40.00 FEET; THENCE DEPARTING SAID WEST L1NE.RUN S89°58'47°E, ALONG THE WESTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY OF TILTDN ROAD, A DISTANCE OF 95.00 FEET TO THE WEST LINE OF THE AFORESAID LOT 10 AND THE POINT OF BEGINNING; THENCE N00°15'06"W,-ALONG SAID WEST LOT LINE, A DISTANCE OF 34.15 FEET TO A NON-TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 815.00 FEET, A CENTRAL ANGLE Of 12°52'.40", A CHORD BEARING OF N40°49'36"E, AND A CHORD LENGTH OF 182.79 FEET; THENCE FROM A TANGENT BEARING OF N34°23"16"E, DEPARTING SAID WEST LOT LINE RUN NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 1.83.18-FEET TO THE .POINT OF TANGENCY; THENCE N47°15'56"E, A DISTANCE OF 115.25 FEET; THENCE " N05°05'24"E, A DISTANCE OF 66.96 FEET TO A NON-TANGENT POINT ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1130.00 FEET, A CENTRAL ANGLE OF 27°33'10"', A CHORD BEARING OF N23°22'26'"W, AND A CHORD LENGTH OF 538.18 FEET; THENCE FROM A TANGENT BEARING OF N37°09'01"W, RUN NORTHWESTERLY ALONG SAID CURVE A.N. ARC DISTANCE OF 543.40 FEET TO A NON- TANGENT POINT ON THE WEST LINE OF THE AFORESAID LOT 9; THENCE N00°15'06"W, ALONG SAID WEST LOT LINE AND ALONG THE WEST LINE OF THE SOUTH HALF OF THE AFORESAID LOT 8 , A DISTANCE OF 806..77 FEET TO THE NORTHWEST CORNER OF SAID SOUTH HALF OF LOT S; THENCE DEPARTING SAID WEST LOT LINE RUN N89°57'02°E, ALONG THE NORTH LINE OF SAID SOUTH HALF OF LOT 8, A DISTANCE OF 115.00 FEET; THENCE DEPARTING'SAID NORTH LINE, RUN S00°15':06"E PARALLEL WITH THE AFORESAID WEST lOT LINE A DISTANCE OF 622.86 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1000.00 FEET, A-CENTRAL ANGLE OF 01°16'03", A CHORD BEARING OF S00°53'07"E, AND A CHORD LENGTH OF 22.12 FEET; THENCE FROM A TANGENT BEARING OF S00°15'06"E RUN SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 22.12 FEET; THENCE N88°28'51"E, ALONG A RADIAL LINE EXTENDING PERPENDICULAR FROM SAID CURVE, A DISTANCE OF 56.48 FEET; CONTINUED ON SHEET S KETCH OF DESCRIPTION ONLY. T Hl S lS NOT A .SURVEY. AUK ~ ~ 2007 S ~ ~~~~ ~~~~ ~ ASSOCIRTES, gNC®pt~ORATEID EN(:INEE111NG - E'IhNNIM C: SUAVE VING ENV111ON MFNI ~1 520 SOUTH MAGNOLIA AVENUE ORLANDO; FLORIDA 32801 C407> 843-5120 S T. L UC I E FLOR/DA COUNT Y PROPOSED R I GH T -OF -WAY AND POND DED 1 CA T ION FOR L ENNARD ROAD ui.,c is nn n/nr JLL JPI/CK/PTC ~Nfi~iir' .i SHEET 5 OF 5 SEE SHEET 2 8 3 FOR SKETCH c ai h 0 c J v n b ~~ CONTINUED FROM SHEET 4 THENCE 535°11'46°E, A DISTANCE of 272.46 FEET; THENCE 552°21'26°E, A DISTANCE. OF:35.43-FEET; THENCE 525°57'.51"E, A GISTANCE OF 44.03 FEET; THENCE' 561°57'44"E, A DISTANCE OF 184.38 FEET; THENCE 533°]5'41"E, A DISTANCE OF 35_.45 FEET; THENCE 501°55'46"E, A DISTANCE OF 116.06, FEET; THENCE 523°30'08"E, A DISTANCE OF 108.92 FEET TO A NON-TANGENT. POINT ON A CURVE CON GAVE TO THE NORTHEAST HAVING A RADIUS OF 272.68 FEET, A CENTRAL ANGLE OF 3?°54'00", A CHORD BEARING OF 544°21'05"E, AND A CHORD LENGTH OF 777.10 FEET; THENCE FROM A TANGENT BEARING Or" 525°24'04'"E, RUN SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 180.37 FEET 70 A POINT OF COMPOUND ,CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST .HAVING A RADIUS OF 858.86 FEET, A CENTRAL .ANGLE OF 07°07'42", A CHORD BEARING OF 566°51'56"E, AND A CHORD LENGTH OF 106.78 FEET; THENCE FROM A TANGENT BEARING OF 563°18'05"E, RUN SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 106.85 FEET; THENCE 5.30°19'34°E, A DISTANCE OF 58.95 FEET; THENCE 516°39'35"W, A DISTANCE OF 101.74 FEET, TO a POINT OF NON- TANGENCY OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RAD]US OF 1000.00 FEET, A CENTRAL ANGLE OF 08°56'09", A CHORD BEARING OF 577°48'29"E, AND A CHORD LENGTH DF .155.80 FEET; THENCE FROM A TANGENT BEARING OF 573°20'25"'E RUN SOUTHEASTERLY ALONG SAID CURVE AN -ARC DISTANCE OF 155.96 FEET. TO :THE EAST LINE OF THE AFORESAID LOT 11; THENCE 500°12'42°E, ALONG SAID EAST LOT LINE, A DISTANCE OF 9.21 FEET TO THE AFORESAID NORTH RIGHT-OF-WAY OF TILTON ROAD; THENCE DEPARTING SAID EAST LO7 LINE RUN N89°58'47"W, ALONG THE .NORTH RIGHT-OF-WAY OF TILTON ROAD, A O]STANCE OF 391.85 FEET TO A NON-TANGENT POINT ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1130.00 FEET, A CENTRAL ANGLE OF 13°54'39", A CHORD BEARING OF N55°1.7'25"W, AND A CHORD LENGTH OF 273.68 FEET.; THENCE FROM A TANGENT BEARING OF N62°14'45"W, DEPARTING SA]D NDRTH RIGHT-OF-WAY RUN NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 274.35 FEET; THENCE 589°29'50"W, A Dd57ANCE OF 67..37 FEET:- THENCE 547°,15'56"W, A DISTANCE OF 115.03 FEET TO THE PO]NT OF CURVATURE OF A -CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 685.00 FEET, A CENTRAL ANGLE DF 08°47°57", A CHORD BEARING OF 542°51'58"W, AND A CHORD LENGTH OF 105.09 FEET.; THENCE FROM A TANGENT BEARING OF 547°15'56°W, RUN. SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 105.20 FEET TO .THE AFORESAID NORTH RIGHT-OF-WAY OF TILTON ROAD; THENCE N89°58'47"W ALONG SA[D NORTH RIGHT-OF-WAY, A DISTANCE OF 136.08 FEET TO THE POINT OF BEGINNING. CONTAINING 11.33 ACRES, MORE OR LESS. SKETCH OF DESCRIPTION ONLY. THIS lS NOT A ..SURVEY. n ~EUC 1 ~ 200 Q v ~~~~ ~~~~~~~ ~ ~SSOCIRTES, gNCOGt~OR.-.TED, ENGINEEIIING ~l~1NNING • SV~V[YINL fNV1110 NMENf AI 520 SOUTH MAGNOLIA AVENUE ORLANDO, FLORIDA 32801 <407) 843-5120 ST. LUCIE FLORIDA COUNT Y PROPOSED RIGHT-OF-WAY AND POND DED 1 CA T ION FOR L ENNARD ROAD iavsKi nni FULLER-ARMFIELD-WAGNER Appraisal & Research~Inc. Daniel D. Fuller, MAI, SRA 320 N. Second St. Phone (772) 468-0787 St. Cert. Gen R3:A RZ 567 Fart Pierce, FL 34950 1-800-273-7364 FAW_app@be3lsoutlt.net Fax (772) 468-3103 August 16, 2010 St. Lucie Co. Board of Co. Commissioners C/o JoAnn Riley, Property Acquisition Manager St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL 34982 RE: 31.17+ acre site proposed to be developed with a 150 unit residential multi-family development, the "Prima Vista Boulevard" project, fronting proposed Lennard Road, Port St. Lucie, FL -review of the appraisal prepared by Walter N. Carpenter, MAI, Carpenter & Pinel, Inc., file #10-017, date of appraisal December 30, 2004. Dear Ms. Riley: As engaged, I have completed a review of the referenced appraisal and appraisal report under Uniform Standards of Appraisal Practice (USPAP) standard 3. Please see attached report for findings and conclusions. In brief: as will be further discussed in the attached report, in my opinion the appraisal data is accurate, meets USPAP standards, supporting the appraiser's opinion of value. The Scope of Appraisal /method of analysis meets St. Lucie County's Roads Impact Fee Ordinance as per Article III, Section 1-17-36, Because the effective date to which the valuation applies must be prior to the date of any development approvals for the subject property including re-zonings, land use changes and site plan approvals that resulted in the request for impact fee credits. St. Lucie County Resolution (05-011) approving the site plan of Prima Vista Commons occurred February 1, 2005, thus the appraisal performed a "retrospective" appraisal as of December 30, 2004. However, the site appraised totals 11.33± acres while Mr. Ron Harris, County Surveyor, reports in a November 30, 2009 email, the developer/owner of the subject is entitled to impact fee credits for four (4) acres of non-site related right of way donation. While Mr. Carpenter's opinion of the per acre value of the Parent Parcel and Reminder are supported, his total value conclusion is not applicable to the area for which non-site related credit is allowed. Therefore, within this report I provide my opinion of value based on four (4) acres as the acquisition area. Ms. Riley August 16, 2010 Page Two Therefore, it is my opinion while Mr. Carpenter's appraisal methods and per acre conclusion of value are supported, the County Commissioners should not rely on the total value conclusion in the referenced appraisal report to calculate road impact fee credits. Rather, recalculations and a value conclusion specific to the four (4) acres for which the developer/owner is entitled, is found within the following review document. I appreciate the opportunity to provide this service, and if questions exist, please contact me at your convenience. Sincerely, ;~ ,rc - ~~ ': ~C ~ -~ Daniel D. Fuller, MAI St. Cert. Gen. REA RZ567 DDF/ commfile/19161 Review attachments FULLER-ARMFIELD-W AGNER 1 APPRAISAL REVIEW CLIENT Review Appraiser's Client St. Lucie County Board of County Commissioners C/o Ms. JoAnn Riley, Property Acquisition Manager St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL 34982 Review Appraiser • Daniel D. Fuller, MAI, State of Florida, State Certified General Real Estate Appraiser RZ567, principal in the firm of Fuller-Armfield-Wagner Appraisal & Research, Inc., 120 N. 2nd Street, Ft. Pierce, Florida. Intended User(s) of the Review • The intended user of the review is St. Lucie County Board of County Commissioners or their assigns. Intended Use of the Reviewer's Opinions • Provide client with guidance for Impact Fee credits. SCOPE of the REVIEW Per St. Lucie County Ordinance -Article III, Roads Impact Fee, Section 1-17-37, Property Review Appraisal - 1. The reviewing appraiser will field inspect the property appraised and the comparable sales considered by the appraiser in arriving at either or both, as appropriate, the fair market value of the whole property and of the remainder. 2. The reviewing appraiser will examine the appraisal reports to determine that they: a. Comply with provisions of this section. b. Follow Accepted appraisal principles and techniques in the valuation of real property in accordance with existing state law. c. Contain or make reference to the information necessary to explain, substantial and thereby document the conclusions and estimates of value and/or just compensations identified therein. d. Include consideration of compensable items, damages and benefits, but do not include compensation for items, damages and benefits non- compensable under state law. FULLER-ARMFIELD-WAGNER 2 SCOPE of the REVIEW (continued) e. Contain an identification or listing of the buildings, structures and other improvements on the land as well as the fixtures which the appraiser considered to be a part of the real property to be acquired. f. Contain the estimated fair market value for or resulting from the acquisition, and where appropriate, in the case of a partial acquisition, either in the report or in a separate statement, a reasonable allocation of the estimate of the fair market value for the real property acquired and for damages to remaining property. The appraisal report was also reviewed for compliance with Uniform Standards of Professional Appraisal Practice (USPAP), Standard 3. Finally, if the reviewer disagrees with the appraiser's opinion of value, the appraiser can provide a supported opinion of value, per County Code and USPAP Standard 3. FULLER-ARMFIELD-WAGNER 3 REVIEW OF APPRAISAL Subject of the Appraisal Reviewed • A portion of a 31.17+ acres vacant tract of land proposed to be improved with a 150 unit multi-family residential project, identified as Prima Vista Boulevard, Port St. Lucie, Florida. Date of Review • August 13, 2010, the date of final inspection of the subject and comparable sales. Property Owner • Dybra PSL Development, LLC Appraiser's Client • Dybra PSL Development, LLC, C/o Mr. Ray Bradick Value Determined • Market Value - as defined in The Appraisal of Real Estate, Thirteenth Edition, by the Appraisal Institute, 2008, Page 24, and The Dictionary of Real Estate Appraisal, Appraisal Institute Fifth Edition, 2010. Property Rights Appraised • Fee Simple Interest Date of Appraisal Reviewed • December 30, 2004 Appraiser and Identification of Appraisal • Appraiser: Mr. Walter N. Carpenter, Jr., MAI, State Certified General Real Estate Appraiser RZ 1231, assisted by Mr. Bryan R. Johnson, State Certified General Appraiser RX3320. • Appraiser's File number: 10-017 • Appraisal Firm: Carpenter & Pinel, Inc., 824 North Highland Ave., Orlando, FL 32903 FULLER-ARMFIELD-W AGNER REVIEW APPRAISAL (continued) Analysis and Conclusions of the Review As per St. Lucie County Code of Ordinances and USPAP Standards Rute 3 - 1. The final inspection of the subject, and the sales analyzed by the appraiser, was accomplished by the reviewer August 13, 2010. 2-a. The appraisal report as identified complies with USPAP and adheres to St. Lucie County Article III, Roads Impact Fee standards including a "retrospective" date of appraisal, prior to Site Plan approval, which occurred on February 1, 2005 via Resolution 05-011. 2-b. The appraisal followed accepted appraisal principles and techniques in the valuation of real property and in accordance with existing state laws. 2-c. The appraisal contained or referred to the information necessary to explain, substantial and thereby document the conclusions and opinion(s) of value and/or just compensations identified therein. 2-d. The appraisal identified an 11.33 acre tract of land which the appraiser considered as the real property donated. However, Mr. Ron Harris, County Surveyor, reported in a November 30, 2009 email, the developer/owner qualified for Impact Fee Credits for four (4) acres of non-site related right of way donation. USPAP Standards The appraisal & report, in my opinion, meet the Uniform Standards of Professional Appraisal Practice (USPAP) standards. Report Format Summary -meets USPAP standards for a Summary report. Summar rLof Review The data analyzed is accurate, and the appraisal methods employed are in keeping with USPAP standards, and St. Lucie County's Roads Impact Fee Ordinance as per Article III, Section 1-17-36, supporting the appraiser's opinion(s) of value. However, again, the appraiser's opinion of total value is greater than applicable, thus it is my recommendation the County Commissioners should not rely on the appraiser's opinion of total value to calculate Impact Fee Credits. FULLER-ARMFIELD-W AGNER REVIEW APPRAISAL (continued) However, since I agree with the appraiser's opinion of the ep r acre value of 38 500 for the Parent Parcel and the Remainder, the following is a recalculation of value using the appraisers per acre value and the four (4) acres for which the developer/owner is entitled impact fee credits, per Mr. Harris. Parent Parcel (before donation) 31.17 acres (total value rounded) - $1,200,000 Less: Parcel Donated (4 acres) as part of the whole (part of Parent Parcel) - $ 154,000 Remainder as Part of Parent Parcel - $1,046,000 Less: Remainder Value (after acquisition) 27.17 acres (total value rounded) - $1,046,000 Damages to Remainder - $ 0 Special Benefits - $ 0 Plus: Total Value of Donation - $ 154,000 In summary based on Mr. Carpenter' supported opinion of $38,500 per acre value for the Parent Parcel and Remainder, applied to the four (4) acres of non-site related right of way donation, it is my opinion the total market value of the fee simple interest in the donated four (4) acres, as of December 30, 2004, is -$154,000- Thus recommended compensation for calculating Impact Fee Credits is -$154,000- FULLER-ARMFIELD-WAGNER 6 CERTIFICATION I certify that, to the best of my knowledge and belief: a) The facts and data reported by the reviewer and used in the review process are true and correct. b) The analyses, opinions, and conclusions in this review report are limited only by the reported assumptions and limiting conditions stated in this review report and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. c) I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved. d) I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. e) My engagement in this assignment was not contingent upon developing or reporting predetermined results. f) My compensation is not contingent on an action or event from the analysis, opinions, or conclusions in this review or from its use. g) My analyses, opinions, and conclusions were developed, and this review report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. h) I have made a roadside inspection of the subject property of the work under review. i) No one provided significant real or personal property appraisal or appraisal review assistance to the person signing this certification. i) The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. j) "As of the date of this report, Daniel D. Fuller, MAI, has completed the requirements under the continuing education of the Appraisal Institute." k) Daniel D. Fuller is a State Certified General Real Estate Appraiser RZ567, and appraisal functions performed by him meet state certification requirements. ' ~ ~ -_ ~, ~~ Daniel D. Fuller, MAI St. Cert. Gen. REA RZ567 FULLER-ARMFIELD-WAGNER ORDINARY LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS 1. If presented, the value given in this review report represents the opinion of the signer as to the Value AS OF THE DATE SPECIFIED. Values of real estate are affected by an enormous variety of forces and conditions will vary with future conditions, sometimes sharply within a short time. Responsible ownership and competent management are assumed. 2. This review report covers the premises herein described only. Neither the figures herein nor any analysis thereof, nor any unit values derived therefrom are to be construed as applicable to any other property, however, similar the same may be. 3. It is assumed that the title to said premises is good; that the legal description of the premises is correct; that the improvements are entirety and correctly located on the property; but no investigation or survey has been made, unless so stated. 4. If presented, the value given in this review report is gross, without consideration given to any encumbrance, restriction or question of title, unless so stated. 5. Information as to the description of the property, restrictions, etc. involved in this report has been obtained from the report under review. All such information is considered to be correct; however, no responsibility is assumed as to the correctness thereof unless so stated in the report. 6. Possession of any copy of this report does not carry with it the right of publication, nor may it be used for any purpose by any but the applicant without the previous written consent of the appraiser or the applicant, and in any event, only in its entirety. 7. Neither all nor part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales or other media, without the written consent of the author; particularly as to the valuation conclusions, the identity of the appraiser or the firm with which he is connected, or any reference to the Appraisal Institute, or to the SRA or MAI designations. 8. The appraiser herein, by reason of this report is not required to give testimony in court or attend hearings, with reference to the property herein appraised, unless arrangements have been previously made therefore. 9. The Contract for the review report is fulfilled by the signer hereto upon the delivery of this report duly executed. 10. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and zoning laws unless non-compliance is stated, defined and considered in the review report. 11. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such materi- al on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in the field, if desired. FULLER-ARMFIELD-W A GNER 8 LIMITING CONDITIONS (continued) 12. The Americans with Disabilities Act (ADA) became effective January 26, 1992, we have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property together with a detailed analysis of the requirements of the ADA could reveal that the property is not in compliance with one or more of the requirements of the act. If so, this fact could have a negative effect upon the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. 13. Based on evidence from nearby properties and from utilities authorities, the subject property is being appraised as if utilities are available to the site sufficient in capacity to support the current and future uses at costs that are typical to competing properties. There are no unusual costs in bringing or maintaining supply lines to the site known to the appraisers. Due to typical uncertainties of engineering and supplying entities, this appraisal is based on the assumption that utilities do not limit use or future development off the property. EXTRAORDINARY ASSUMPTIONS A reviewer is not required to replicate the steps completed by the original appraiser. Those items in the work under review that the reviewer concludes are credible and in compliance with the applicable development Standard (STANDARD 1) can be extended to the reviewer's opinion on the basis of an extraordinary assumption by the reviewer. While it appears Mr. Carpenter's appraisal/report meet USPAP Standards Rule 1, and my opinion is based on the Mr. Carpenter's appraisal/report, if found to not be in compliance with USPAP Standards Rule 1, my opinion of value may change. FULLER-ARMFIELD-WAGNER QUALIFICATIONS OF THE APPRAISER DANIEL D. FULLER, MAI Education Indian River Community College, Graduated 1967, A/S Degree Professional Memberships Member Appraisal Institute (MAI) #7876 -Appraisal Institute Senior Real Property Appraiser (SRPA) -Appraisal Institute Senior Residential Appraiser (SRA) -Appraisal Institute Florida -State Certified General Real Estate Appraiser #RZ567 Registered Florida Real Estate Broker Work Excerience 1992 -Pres. President, Fuller-Armfield-Wagner Appraisal 8 Research, Inc., Fort Pierce, FL 1987 -1992 Vice President & Partner, Armfield-Wagner Appraisal & Research, Inc., Fort Pierce, FL 1983 -1987 Staff Appraiser, Armfield-Wagner Appraisal & Research, Inc., Vero Beach, FL 1981 -1983 Salesman/Appraiser, Florida Licensed Realtor-Associate, Procino Realty, Ft Pierce, FL 1979 - 1983 Staff Appraiser, Harbor Federal Savings and Loan Association, Fort Pierce, FL 1974 -1979 Staff Appraiser, St. Lucie County Property Appraiser's Office, Fort Pierce, FL Real Estate Appraisals made for the following: Accountants Attorneys Dept. of Natural Resources Federal Deposit Ins. Corp. Federal Home Loan Bank Board Federal National Mortgage Corp. First Peoples Bank Fort Pierce, City of Gulfstream Business Bank Indian River County RBC (fka Indian River National Bank) Martin County Martin County Tvpes of Appraisals Completed Airplane Hangars Automobile Dealerships Car Washes Commercial Groves Industrial Insurable Value Land Locked Parcels Mini-Warehouses Motels Multi-Family Qualified as Expert Witness Circuit Court - St. Lucie County Martin County Indian River County Okeechobee County Palm Beach County U.S. Bankruptcy Court - West Palm Beach District PNC/National City Bank (fka Harbor Federal) Port St. Lucie, City of Resolution Trust Corporation Riverside National Bank (nka TD Bank) Seacoast Bank Sterling Bank St. Lucie County South Florida Water Management District SunTrust Banks TITF Vero Beach, City of Wachovia, a Wells Fargo Company Offices Packing Houses Ranches Recreational Vehicle Parks Residential Restaurants Retail Shopping Centers Service Stations Subdivision Warehouses Wetlands Vacant Lands Accomplishments Past President -Society of Real Estate Appraisers -Indian River Chapter 211 (1989 -1990) Past Instructor -Indian River Community College -Appraising Income Producing Real Estate Past Board Member -East Florida Chapter of Appraisal Institute FULLER-ARMFIELD-W AGNER ~~ C O U NT Y F L O R I D A- --- ITEM NO. VI-E1 DATE: 10/12/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~D ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Corine C. Williams SUBMITTED BY: Housing and Community Services/ Transit Coordinator Community Services -Transit SUBJECT: Federal Transit Administration (FTA) 5307 FY10 Grant BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 130109-4910-331421-400 Federal Transit Administration PREVIOUS ACTION: June 22, 2010 -Approved submission of FTA Section 5307 grant application. RECOMMENDATION: Board acceptance of FTA 5307 FL 90-X727 in the amount of $1,441,627, approval of agreement with Council on Aging of St. Lucie, Inc. and Budget Resolution No.10-255 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Slanatures County Attorney ( ) OMB Director ( ) Daniel S. McIntyre Budget Analyst Marie Gouin Sophia Holt Originating Dept. ( ) Beth Ryder Stefanie Myers you NTy F L O R I D A Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Directo~~2~. FROM: Corine C. Williams, Transit Coordinator/,~~ DATE: October 12, 2010 SUBJECT: Federal Transit Administration (FTA) 5307 FY10 Grant ITEM NO. VI-E1 Backs~round: For FY10, St. Lucie County has been awarded $2,056,111, with $827,142 allocated for capital purchases and $1,228,968 for operating assistance by FTA. This is a decrease of $27,962 from the previous year allocation of $2,084,073. This award is a yearly formula allocation that is used to cover the operational cost of public transit. These funds were already included in the FY11 anticipated budget. Operating assistance requires a match of $614,484 and will be funded through the St. Lucie County Public Transit Municipal Services Taxing Unit (MSTU) and other funding sources. The match for capital expenses will be met with Toll Revenue Credits (intangible formula used as a local match for Federal funding) in the amount of $206,787. This grant will be utilized to purchase replacement buses and bus shelters, to maintain capital equipment, and to operate the transit system and to oversee the project. The contracted provider is the Council on Aging of St. Lucie, Inc. Recommendation: Board acceptance of FTA 5307 FL 90-X727 in the amount of $1,441,627, approval of agreement with Council on Aging of St. Lucie, Inc. and Budget Resolution No.10-255 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: Grant Cover Sheet Budget Resolution No. 10-255 Agreement RESOLUTION NO. 10-255 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 Federal Transit Administration through a grant award letter, in the amount of $1,441,627. 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 12~h day of October, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby amended as follows: REVENUE 130109-4910-331421-400 Federal Transit Administration $1,441,627 APPROPRIATIONS 130109-4910-582015-400 Council on Aging 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 12TH DAY OF OCTOBER 2010. $1,441,627 ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY SUBGRANT AGREEi~NT THIS SUHGRANT AGREEI~IT, made this 2010, between ST. LUCIE COUNTY, a Politica Florida, hereinafter called the "County", LUCIE, INC., or its successors, executors, hereinafter called the "Council": day of 1 Subdivision of and COUNCIL ON administrators, the State AGING OF _, of ST. and assigns IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a subgrant in a total amount not to exceed One million three hundred twenty-seven thousand one hundred forty-three and 00/100 dollars ($1,327,143.00), pursuant to the FY 2010-2011, 49 U.S.C Section 5307 Grant Agreement (FTA Project Number FL-90- X727-00), between the United States Department of Transportation, Federal Transit Administration and the County, hereinafter referred to as the "Grant Agreement". The parties hereby acknowledge and agree that the total amount of the award to the County under the Grant Agreement is Two million fifty-six thousand one hundred eleven and 00/100 dollars ($2,084,073.00) of which one hundred fourteen thousand four hundred sixteen and 00/100 dollars ($114,416.00) shall be retained by the County for administration of the grant and purchase of bus shelters. The local match for operating assistance in the amount of Six hundred fourteen thousand four hundred eighty-four and no/100 ($614,484.00) is required and will be funded from the St. Lucie County Municipal Services Taxing Unit and other local funds as may be available. In addition to operating assistance, funds from this grant will be used for the purchase of two (2) replacement vehicles, preventive maintenance for the fleet, security training, software maintenance, bus shelters and project administration. The Council shall submit requests for payment to the County in a form acceptable to the County and in accordance with the terms and conditions of this Agreement. 2. The subgrant shall be used only as set forth in this Agreement. The Recipient further agrees to comply with the terms and conditions of the Grant Agreement and any agreement between the County and the Federal Transit Administration pursuant to which the County receives funding for the Project, including but not limited to audit and safety certification requirements. A County property record number shall be affixed to any equipment purchased with the subgrant funds at a cost of one thousand and 00/100 dollars ($1,000.00) or more. The Council agrees to coordinate with the County Purchasing Director in the purchase of any equipment pursuant to this Agreement. 1 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to the Grant Agreement, the Grant Application, and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. In the alternative and subject to prior written approval of the County Budget and Management Director, the Council may submit qualifying paid invoices in lieu of a certified audit. In addition, the Council shall provide the County with a copy of the Council's annual audit for each fiscal year during which the Council expends funds received pursuant to this Agreement. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under this Agreement. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Council or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with all local, state and federal laws, rules and regulation, the terms of the Grant Agreement, and the certifications accompanying the Grant Application. 2 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: WITH COPY TO: St. Lucie County Administrator St. Lucie County Attorney Administration Annex Administration Annex 2300 Virginia Avenue, 3rd Floor 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Blvd. Port St. Lucie, Florida 34984 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. 12. The Council represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2003) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said performance. The Council shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Council's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Council may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of 3 interest if entered into by the Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Council under the terms of this Agreement. 13. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 14. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 15. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 16. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. [Remainder of page intentionally left blank.] 4 IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COIrIIrlISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERIC CHAIRMAN APPROVED A3 TO FORM AND CORRECTNESS: ATTEST: SECRETARY COUNTY ATTORNEY COUNCIL ON AGING OF ST. LUCIE, INC. BY: PRESIDENT (SEAL) g:\transportation/contract/FTA5309contract/FY 2010 5 n::c DOT U.S. Department of Transportation FTA Federal Transit Administration Application Recipient ID: 1024 Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Project ID: FL-90-X727-00 ~ Budget Number. 1 -Budget Approved Project Information: Buy bus, PM, Sec Eq, Shelters, Op Asst Part 1: Recipient Information Project Number: FL-90-X727-00 Recipient ID: 1024 Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Address: Community Services 2300 Virginia Avenue, FT PIERCE, FL 34982 5632 Telephone: (772) 462-1777 Facsimile: (772) 462-1703 Union Information Recipient ID: 1024 Union Name: NONE Address 1: N/A Address 2: City: N/A, 00000 0000 Contact Name: N/A N/A Telephone: Facsimile: E-mail: Website: Part 2: Project Information ;Project Type: Grant Goss Project Cost: $2,056,111 ;Project Number: FL-90-X727-00 A justment Amt: $0 i Project Description: Buy bus, PM, Sec Eq, Shelters;T tal Eligible Cost: $2,056,111 i Op Asst tal FTA Amt: $1,441,627 Recipient Type: County Agency i tal State Amt: $0 I FTA Project Mgr: Maggie Sandberg - 404-865- ! T 5612 tal Local Amt: $614,484 Recipient Contact: Beth Ryder - 772-462-1777 i her Federal Amt: $0 ,New/Amendment: None Specified j ecial Cond Amt: $0 Amend Reason: Initial Application ' ecial Condition: None Specified Fed Dom Asst. #: 20507 . Tgt. Date: None Specified Sec. of Statute: 5307-2 ~ . Eff. Date: None Specified State Appl ID: i FM 4134941-1 ~ t. Oblig Date: None Specified . Start/End Date: Oct. 01, 2010 -Dec. 31, 2012 ? e-Award thority?: Yes ' Recvd. By State: Sep. 03, 2010 d. Debt Authority?: No EO 12372 Rev: Not Applicable al Budget?: No Review Date: None Specified Planning Grant?: NO Program Date +(STIP/UPWP/FTA Prm Plan) Jul. 01, 2009 Program Page: 1312 Application Type: Electronic 1 Supp. Agreement?: No Debt. Delinq. Details: Urbanized Areas i UZA ID UZA Name 123280 PORT ST. LUCIE, FL Congressional Districts ,State ID District Code District Official ,12 16 Thomas J Rooney 12 23 Alcee L Hastings Project Details This section 5307 grant application for FFY 10 is for Capital and Operating Assistance in the amount of 1,441,627.00. The capital assistance will include purchase of replacement vehicles, funds for preventive maintenance, bus shelters, security training, project administration and operating assistance. ITS components to be purchased under this grant will conform to the Regional and National ITS architectures. The total Federal amount for capital assistance is $827,142 which will be matched with Toll Revenue Credits in the amount of $206,785 as approved by the Florida Department of Transportation as noted in the attached letter. The operating period is estimated to begin 10/01/10 and extend through 06/30/11. Earmarks No information found. Securi Yes - We will expend 1% or more of the 5307 funds in this grant application for security purposes. Please list security-related projects in the project budget and summarize them in the non-add scope code 991. Part 3: Budget Project Budget Quantity FTA Amount Tot. Elig. Cost ;SCOPE 111-00 BUS -ROLLING STOCK 2 $188,311.00 $188,311.00 ACTIVITY 11.12.04 BUY REPLACEMENT <30 FT BUS 2 $188,311.00 $188,311.00 SCOPE ,117-00 OTHER CAPITAL ITEMS (BUS) 0 $624,416.00 $624,416.00 ACTIVITY i11.79.00PROJECTADMINISTRATION 0 $100,000.00 $100,000.00 11.7A.00 PREVENTIVE MAINTENANCE 0 $510,000.00 $510,000.00 11.7K.04 SECURITY TRAINING 0 $14,416.00 $14,416.00 r SCOPE 119-00 TRANSIT ENHANCEMENTS (BUS) 1 $14,416.00 $14,416.00 ;ACTIVITY 11.92.02 PURCHASE BUS SHELTERS 1 $14,416.00 $14,416.00 ~ SCOPE 300-00 OPERATING ASSISTANCE 0 $614,484.00 $1,228,968.00 ~ ACTIVITY 30.09.01 UP TO 50% FEDERAL SHARE 0 $614,484.00 $1,228,968.00 Estimated Total Eligible Cost: $2,056,111.00 Federal Share: $1,441,627.00 ~ Local Share: $614,484.00 OTHER (Scopes and Activities not included in Project Budget Totals) Quanti FTA Amount) Tot. Elig. Cost SCOPE 991-00 SECURITY EXPENDITURES 0 $14,416.00 $14,416.00 ACTIVITY 11.7K.04 SECURITY TRAINING 0 $14,416.00 $14,416.00 SOURCES OF FEDERAL FINANCIAL ASSISTANCE UZA ID Accounting FPC FY SEC Previously d Amendment A t Total Classification Approve moun 123280 2010.25.90.91.2 00 2010 90 $0.00 $827,143.00 $827,143.00 123280 2010.25.90.91.2 04 2010 90 $0.00 $614,484.00 $614,484.00 Total Previously Approved: $0.00 Total Amendment Amount: $1,441,627.00 Total from all Funding Sources: $1,441,627.00 Alternative Fuel Codes ~ 11.12.04 BUY REPLACEMENT <30 FT BUS Diesel Fuel l Extended Budget Descriptions ':11.12.04 BUY REPLACEMENT <30 FT BUS 2 $188,311.00 $188,311.00 'Purchase two (2)30-foot medium duty replacement vehicles with fare box and ADA accessibility. These vehicles will replace fixed route buses: Vehicle #05-01, 2006 (6 years old), VIN# 1GBE4V1226F406122, ~ mileage as of 06/28/2010 - 97,059 miles, fuel type -diesel and Vehicle #05-02, 2006 (6 years old), VIN# 1GBE4V1216F406371, mileage as of 06/28/2010 - 100,652 !miles, fuel type -diesel. i i j 11.79.00 PROJECT ADMINISTRATION 0 $100,000.00 $100,000.00 i ;Project administration to be used by St. Lucie County Community Services for staff salaries/benefits for project oversight and reporting activities. I11.7A.00 PREVENTIVE MAINTENANCE 0 $510,000.00 $510,000.00 j To purchase on an as needed basis to maintain the vehicle fleet and software maintenance for the Trapeze and AVL systems. No single item in this activity will exceed the $5,000 threshold. i 11.7K.04 SECURITY TRAINING 0 $14,416.00 $14,416.00 To provide security training for staff. ~ 11.92.02 PURCHASE BUS SHELTERS 1 $14,416.00 $14,416.00 Purchase one (1) bus shelter for the fixed route system located in St. Lucie County. The useful life of this (item is 20 years. i :30.09.01 UP TO 50% FEDERAL SHARE 0 $614,484.00 $1,228,968.00 I j Fiscal year operating assistance for Council on Aging of St. Lucie, Inc., the contracted provider for St. Lucie County. The Council on Aging Project Budget worksheet for FY07/01/09-06/30/10 is attached. 11.7K.04 SECURITY TRAINING 0 $14,416.00 $14,416.00 To provide security training for staff. ~ Changes since the Prior Budget Unable to find chance amount information. Part 4. Milestones 11.12.04 BUY REPLACEMENT <30 FT BUS 2 $188,311 $188,311 Milestone Description Est. Comp. Date 1. RFP/IFB OUT FOR BID Jan. 01, 2011 2. CONTRACT AWARDED Mar. 01, 2011 3. FIRST VEHICLE DELIVERED Mar. 01, 2012 4. ALL VEHICLES DELIVERED Mar. 01, 2012 5. CONTRACT COMPLETE Mar. 01, 2012 11.79.00 PROJECT ADMINISTRATION 0 $100,000 $100,000 Milestone Description Est. Comp. Date 1. RFP/IFB Issued Oct. 01, 2010 2. Contract Award Oct. 31, 2010 3. Contract Complete Dec. 31, 2011 11.7A.00 PREVENTIVE MAINTENANCE 0 $510,000 $510,000 Est. Comp. Milestone Description Date 1. Initial Expenditure Jan. 01, 2011 2. Final Expenditure Dec. 31, 2012 11.7K.04 SECURITY TRAINING 0 $14,416 $14,416 i Milestone Description Est. Comp. Date ~ 1. RFB/FB Issued Jan. 01, 2011 2. Contract Award Jan. 31, 2011 3. Contract Complete Dec. 31, 2012 119-00 TRANSIT ENHANCEMENTS (BUS) 1 $14,416 $14,416 Milestone Description Est. Comp. Date 1. RFP/IFB Issued Jan. 01, 2011 2. Contract Award Jan. 31, 2011 3. Contract Complete Dec. 31, 2012 30.09.01 UP TO 50% FEDERAL SHARE 0 $614,484 $1,228,968 ~ Milestone Description Est. Comp. Date 1. RFB/FB Issued Oct. 01, 2010 ~ 2. Contract Award Oct. 31, 2010 3. Final Expenditure Jun. 30, 2011 Part 5. Environmental Findings 111204 BUY REPLACEMENT <30 FT BUS 2 $188,311 $188,311 Finding No. 1 -Class II(c) C17 -Purchase of vehicles The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new facilities which themselves are within a CE. 117900 PROJECT ADMINISTRATION 0 $100,000 $100,000 Finding No. 1 -Class II(c) C16 -Program Admin. & Operating Assistance Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet routine changes in demand. 117A00 PREVENTIVE MAINTENANCE 0 $510,000 $510,000 Finding No. 1 -Class II(c) C19 -Install purchase maintenance equipment Purchase and installation of operating or maintenance equipment to be located within the transit facility and with no significant impacts off the site. 119202 PURCHASE BUS SHELTERS Finding No. 1 -Class II(c) $14,416 $14,416 C08 -Install Shelters, fencing, & Amenities Installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices where no substantial land acquisition or traffic disruption will occur. 300901 UP TO 50% FEDERAL SHARE 0 $614,484 $1,228,968 Finding No. 1 -Class II(c) C16 -Program Admin. & Operating Assistance Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet routine changes in demand. 117K04 SECURITY TRAINING Finding No. 1 -Class II(c) C20 -Promulgation of rules and regulations Promulgation of rules, regulations, and directives. Part 6: Fleet Status Fixed Route 0 $14,416 $14,416 Before Chan4e After I. Active Fleet A. Peak Requirement 9 2 11 B. Spares 5 0 5 C. Total (A+B) 14 2 16 D. Spare Ratio (B/A) 55.56% 0.00% 45.45% II. Inactive Fleet A. Other 0 0 0 B. Pending Disposal 0 2 2 C. Total (A+B) 0 2 2 i III. Total (LC and ILC) 14 4 18 Breakdown by Fuel Type (including expansion vehicles) Diesel Paratransit ~ _ -_ i Before Change After I. Active Fleet A. Peak Requirement 26 0 26 B. Spares 11 0 11 C. Total (A+g) 37 0 37 D. Spare Ratio (B/A) 42.31 % 0.00% 42.31 II. Inactive Fleet i A. Other 0 0 0 j B. Pending Disposal 0 0 0 ~ C. Total (A+B) 0 0 0 ;III. Total (I.C and II.C) 37 0 37 Breakdown by Fuel Type (including new expansion/replacement vehicles) Diesel Part 9: Agreement UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (FTA G-16, October 1, 2009) On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official's electronic signature is entered for this Grant Agreement, FTA has Awarded Federal assistance in support of the Project described below. Upon Execution of this Grant Agreement by the Grantee named below, the Grantee affirms this FTA Award, and enters into this Grant Agreement with FTA. The following documents are incorporated by reference and made part of this Grant Agreement: (1) "Federal Transit Administration Master Agreement," FTA MA(16), October 1, 2009, http://www.fta. dot.gov/documents/16-Master. pdf (2) The Certifications and Assurances applicable to the Project that the Grantee has selected and provided to FTA, and (3) Any Award notification containing special conditions or requirements, if issued. FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING THE DATE OF THIS FTA AWARD SET FORTH HEREIN. FTA AWARD FTA hereby awards a Federal grant as follows: Proiect No: FL-90-X727-00 Grantee: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Citation of Statute(s) Authorizing Proiect: 49 USC 5307 -Urbanized Area Formula (FY2006 forward) Estimated Total Eligible Cost (in U.S. Dollars): $2,056,111 Maximum FTA Amount Awarded flncluding All Amendmentsl (in U.S. Dollars): $1,441,627 Amount of This FTA Award (in U.S. Dollars): $1,441,627 Maximum Percentage(s) of FTA Participation: Percentages of Federal participation are based on amounts included in the Approved Project Budget, modified as set forth in the text following the Project Description. U S Department of Labor Certification of Public Transportation Employee Protective Arran4ements: Original Project Certification Date: 9/14/2010 Project Description: Buy bus, PM, Sec Eq, Shelters, Op Asst The Project Description includes information describing the Project within the Project Application submitted to FTA, and the Approved Project Budget, modified by any additional statements displayed in this Grant Agreement, and, to the extent FTA concurs, statements in other documents including Attachments entered into TEAM-Web. Special Provision. Text Messaging While Driving. In accordance with Executive Order No. 13513,Federal Leadership on Reducing Text Messaging WhileDriving, October 1, 2009, 23 U.S.C.A. § 402 note, and DOT Order 3902.10, Text Messaging While December 30, 2009, the Grantee is encouraged to comply with the terms of the following Special Provision. a. Definitions. As used in this Special Provision: (1) "Driving" means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. "Driving" does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary. (2) "Text Messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless the practice is prohibited by State or local law. b. Safe .The Grantee is encouraged to: (1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving- (a) Grantee-owned or Grantee-rented vehicles or Government-owned, leased or rented vehicles; (b) Privately-owned vehicles when on official Project related business or when performing any work for or on behalf of the Project; or (c) Any vehicle, on or off duty, and using an employer supplied electronic device. (2) Conduct workplace safety initiatives in a manner commensurate with the Grantee's size, such as: (a) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (b) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (3) Include this Special Provision in its subagreements with its subrecipients and third party contracts and also encourage its subrecipients, lessees, and third party contractors to comply with the terms of this Special Provision, and include this Special Condition in each subagreement, lease, and third party contract at each tier financed with Federal assistance provided by the Federal Government. Award of this application is conditional upon FDOT acting upon the promisory assertion stated in its letter of June 24, 2010 (attached). This award of Federal financial assistance is subject to the terms and conditions set forth in the U.S. Department of Labor's certification letter dated September 14, 2010, to the Federal Transit Administration with respect to this numbered grant, including any attachments to the letter, which are fully incorporated herein by reference. Awarded By: Tom Thomson Deputy Regional Administrator FEDERAL TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION 09/16/2010 J • PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Corine C. Williams SUBMITTED BY: Housing and Community Services/ Transit Coordinator Community Services -Transit SUBJECT: Federal Transit Administration (FTA) 5317 New Freedom (NF) Grant BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 130110-4910-331421-400 Federal Transit Administration PREVIOUS ACTION: January 26, 2010 -Approved submission of application to FTA for NF grant funds. RECOMMENDATION: Board acceptance of the FTA 5317 NF Grant, FL 57-X021-00, approval of the agreement with the Council on Aging of St. Lucie, Inc. and Budget Resolution 10- 258; and authorization for the Chairman to sign documents as approved by the County Attorney COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 ~~ Coordination/Signatures County Attorney ( ) OMB Director Daniel S. McIntyre Budget Analyst CONCURRENCE: ,--!1 ~- Faye W. Outlaw, MPA County Administrator Originating Dept. ( ) (./~ Beth Ryder Stefanie Myers ITEM NO. DATE: VI-E2 10/12/10 AGENDA REQUEST REGULAR ~ ) arie Gouin Sophia Holt ,. COUNTY F L Q R I D A° TO: Board of County Commissioners THROUGH: Beth Ryder, Director~jv`- Housing and Community Services MEMORANDUM FROM: Corine C. Williams, Transit Coordinator DATE: October 12, 2010 SUBJECT: Federal Transit Administration (FTA) 5317 New Freedom (NF) Grant ITEM NO. VI - E2 Background: In partnership with the St. Lucie Board of County Commissioners, the St. Lucie Transportation Planning Organization applied for the NF grant. The purpose of the NF grant is to provide improved public transportation service and alternatives to public transportation, beyond those required by the Americans with Disabilities Act of 1990 (ADA), for people with disabilities, regardless of income. The grant is for $18,838 with local match, the total funds to be expended are $35,792. Through an agreement with Council on Aging (COA) of St. Lucie, Inc., a locally selected provider, transportation services for those disabled individuals who cannot navigate the fixed-route system will be offered. The grant fund will be matched by various funding sources including funds provided directly to the COA through grant and the Municipal Service Taxing Unit. On September 23, FTA asked that the grant be executed to meet the fiscal year close out. Acceptance of this grant is being requested retroactively. Recommendation Board acceptance of the FTA 5317 NF Grant, FL 57-X021-00, approval of the agreement with the Council on Aging of St. Lucie, Inc. and Budget Resolution 10-258; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: Grant Cover Sheet Budget Resolution No. 10-258 Agreement RESOLUTION NO. 10-258 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 Federal Transit Administration through a grant award letter, in the amount of $18,838. 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 12~" day of October, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby amended as follows: REVENUE 1 301 1 0-491 0-331 421-400 Federal Transit Administration $18,838 APPROPRIATIONS 1 301 1 0-491 0-58201 5-400 Council on Aging $18,838 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 12TH DAY OF OCTOBER 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY NEW FREEDOM AGREEMENT THIS AGREEMENT is entered into between St. Lucie County (the "County") and Council on Aging of St. Lucie County, Inc., a Florida non-profit corporation (the "Agency") on this date of 2010. WHEREAS, on January 26, 2010, the County authorized staff to submit a New Freedoms (NF) grant application and to enter a grant application with the Federal Transit Administration (FTA) 'as a pass through agency for the proposed project (the "Federal Grant"), and; WHEREAS, the FTA has approved the County as the Designated Recipient for the NF project and awarded the County a NF grant to provide enhanced transportation services for individuals with disabilities (the "Project"), and ; WHEREAS, the total of the Project described on the Scope of Work attached as Attachment "A" hereto is estimated to be $35,792.00 (thirty-five thousand seven hundred ninety-two and no/100 dollars) of which the County shall retain $1,884.00 (one thousand eight hundred eighty-four and no/100 dollars) for program administration. WHEREAS, The Agency has agreed to provide transportation services for the Project; and, WHEREAS, the project match will be provided from Public Transit Municipal Services Taxing Unit (MSTU) and any additional funding required for the Project; and, WHEREAS, The parties desire to execute this Agreement to authorize the County to pass along the Federal Funds to Agency under the terms and conditions contained herein. NOW THEREFORE, the parties hereby agree as follows: 1. CONDITIONS 1.1 The Agency shall use the Funds, as described below, to complete the Project as described in the Scope of Work in Attachment A. The Funds, as granted under this Agreement, can only be used towards the completion of this Scope of Work. The Agency shall not use the Funds to substitute for any other funds or projects not specified in this agreement. The Scope of Work includes a description of the Project location, a detailed Project description, specific description of the Project line item budget and, and schedule of work. 1 1.2 The Agency shall use the Funds in accordance with the Program Budget attached to this Sub grant agreement as Attachment B. The Budget shows the Project's entire financial commitment including the Agency's Funds Commitment (Local Match) as well as the fiscal year and month that that the funds will be expended. 1.3 The Agency understands the Funds are federal funds and FTA and DOL requirement apply to the use of Funds. All FTA and DOL requirements and guidelines are summarized in the FTA Master Agreement are incorporated by reference herein as part of this Agreement. Circular 4220.1 E is attached as Attachment C. These requirements include, but not limited to: (a) assurance of legal authority. (b) certification of non-debarment, suspension or termination. (c) certification of a drug free work place. (d) intergovernmental review. (e) Civil Rights review, including Title VI Program review. (f) Disadvantaged Business Enterprise (DBE) assurance. (g) Disability nondiscrimination (ADA). (h) Office of Management and Budget (OMB) certification. (i) Lobbying certifications. (j) Buy America requirements. (k) NEPA environmental review. (I) Single audit requirements. (m) Circular 9300.1A (Section 5309). (n) Circular 5010.1 C (Grants Management). (o) Circular 4220.1 EThird-Party Contracting). (p) Section 5333(b) of the Federal Transit Statute. 1.4 During the term of this agreement, the Agency agrees to contribute at least the statutorily of other required local contribution of matching funds (other than federal funds), if any is specified within this Agreement or any attachments hereto, toward the actual costs of the Project. 1.5 Not more frequently than once a month, but at least quarterly, the Agency will prepare and submit to the County a certified Request for Reimbursement for actual allowable Project costs incurred and paid for by the Agency consistent with the Scope of Work document. Advance payments by the County are not allowed. 1.6 If applicable, the first Request for Reimbursement shall also be accompanied by a report describing and tasks specified in the Scope of Work document which were accomplished prior to the effective date of the Agreement, which costs could be credited toward the required local contribution described herein provided that the County has received prior federal approval for such expenditures. 17. If any agreement paid to the Agency are disallowed or not reimbursed by the FTA for any reason, the Agency shall remit to the County the disallowed or non- 2 reimbursed agreement(s) within 30 days from receipt of the County's notice. All payments made by the County hereunder are subject to the audit provisions contained herein and within the Federal Grant. 1.8 This is a one-time only grant subject to the terms and conditions agreed to herein. This grant does not imply nor obligate and future funding commitment on the part of the County. 1.9 The term of this Agreement shall commence upon the date first referenced above, and shall terminate upon termination of the Federal Grant, unless terminated earlier as provided herein. The last expenditure date on this Agreement is three (3) years after the FTA grant award date. 1.10 The Agency shall be subject to and shall comply with all applicable requirements of the County, FTA and DOL regarding Project reporting and audit requirements. The Agency shall use the agreement number FL-57-X021-00 on all correspondence. 1.11 The Agency shall submit the following Report and Certifications to the County for the duration of the Project: Quarterly Narrative and Financial Reports on Project Progress and any other New Freedom Reports as requested. 1.12 Unless written notification is otherwise provided by the County, the effective date And start date of reimbursable activities is the FTA grant award date. Actual reimbursement of eligible work cannot occur until the County and the Agency execute this Agreement and the County has entered into the Federal Grant Agreement. 2. TRANSFER OF FUNDS 2.1 To the extent that the County receives funds under the Federal Grant for the Project, the County shall reimburse the Agency for its eligible expenses up the maximum agreement of $16,954.00 (the "Funds") for the Project subject to the terms and conditions herein. 2.2 The County shall transfer the funds to the Agency on reimbursement basis only. No advance of Funds shall be allowed. The Agency shall submit monthly invoices with supporting documentation to the County identifying work completed and the agreement expended by the Agency. Items eligible for reimbursement are discussed in the Project Budget as Attachment B. 2.3 Each Request for Reimbursement will report the total of Project expenditures and will specify the percent and agreement of Funds to be reimbursed. The Request for Reimbursement shall be accompanied by a report describing the overall work 3 status and progress on Project tasks. 2.4 The County shall reimburse the Agency the allowed agreement of the invoice as approved by the County and in accordance with this agreement. 2.5 The Agency is responsible for all cost overruns incurred as a result of the Project. Under no circumstances will the total agreement of money that the County reimburses the Agency exceed the agreement of the Funds. 2.6 The County shall not be responsible to provide funding to substitute for the Federal Grant Funds in the event the Grant is withdrawn, recalled or not appropriated for any reason. In the event the Grant is closed, the Agency will reimburse the County any Funds paid that were no longer available in the FTA grant award. 2.7 Invoices, reports and notices to the County shall be addressed to: St. Lucie County Board of County Commissioners Community Services 2300 Virginia Avenue Fort Pierce, FL 34982 2.8 Payments and notices to the Agency shall be addressed to: Council on Aging of St. Lucie County, Inc. 1505 Orange Avenue Fort Pierce, FL 34950 3. 4. PENALTIES The County reserves the right to payments of Funds in the event of condition contained in this agreement. terminate this agreement and withhold all Agency's breach or default of any term or MISCELLANEOUS 4.1 Florida law shall govern this agreement, if any provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provision shall nevertheless continue in full force without being impaired or invalidated in any way; unless any of the stated purposes of this agreement would be defeated. 4.2 The Agency shall not assign this agreement or any part thereof, without written consent and prior approval of the County Chief Elected Official or designee, and any assignment without said consent shall be void and unenforceable. 4 4.3 This agreement and FTA DOL Guidelines constitute the entire understanding between parties, with respect to subject matter herein. This agreement shall not be amended, nor any provision or breach hereof waived except in writing signed by the parties. 4.4 The covenants and agreements of this agreement shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. 4.5 The County and FTA shall have the right to conduct a financial and compliance audit(s) of the Project, The Agency agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with generally accepted accounting principles, The Agency shall reimburse the County for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this Agreement and FTA Guidelines. 4.6 The Agency shall obtain the services on an independent auditor to conduct a single audit review of the Project each year in conformance with the provisions of OMB Circular A-133. The Agency shall submit a copy of each single audit to the County within 30 days of its completion. 4.7 Neither the County nor any officer or employee thereof shall be responsible for any damage or liability occurring with any work performed by and or service provided by the Agency, its officers, agents, employees and subcontractors under this agreement. The Agency shall fully indemnify, defend and hold the County and its officers, agents and employees harmless from and against liability and expenses, including without limitation, defense costs, any cost or liability on account of bodily injury, death or personal injury of any person for damage to or loss of risk of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising of the Project, including, without limitations, (i) misuse of the Funds by the Agency, or its officers, agents, employees or subcontractors; (ii) breach of the Agency's obligations under this agreement; or (iii) any act or omission of the Agency, or its officers, agents, employees or subcontractors in the performance of the work or provision of the services, included, without limitation, the Scope of Work, described in this agreement. 4.8 The Agency in the performance of this work required by this agreement is an independent contractor and not an agent or employee of the County. The Agency shall not represent itself as an agent or employee of the County and shall have no powers to bind the County in contract or otherwise. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. 5 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY ATTEST: COUNCIL ON AGING OF ST. LUCIE COUNTY, INC. SECRETARY BY: CHIEF EXECUTIVE OFFICER S: Transportation /3200.7 FTA 5317/FL-57-X021 6 DOT ~ FTA U.S. Department of Transportation Federal Transit Administration Application j Recipient ID: 1024 Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Project ID: FL-57-X021-00 Budget Number: 1 -Budget Approved Project Information: Enhanced Services for the Disabled Part 1: Recipient Information Project Number: FL-57-X021-00 Recipient ID: 1024 Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Address: Community Services 2300 Virginia Avenue, FT PIERCE, FL 34982 5632 Telephone: (772) 462-1777 Facsimile: (772) 462-1703 Union Information i Recipient ID: 1024 Union Name: NONE Address 1: N/A Address 2: City: N/A, 00000 0000 Contact Name: N/A N/A Telephone: Facsimile: ~ E-mail: ~ Website: Part 2: Project Information Project Type: Grant Goss Project Cost: $35,792 Project Number: I FL-57-X021-00 Project Description: Enhanced Services for the Disabled Recipient Type: County Agency FTA Project Mgr: Maggie Sandberg - 404-865- 5612 Recipient Contact: Beth Ryder - 772-462-1777 New/Amendment: None Specified Amend Reason: Initial Application Fed Dom Asst. #: ~ 20521 Sec. of Statute: 5317 State Appl. ID: FM4268971 Start/End Date: Jan. 01, 2011 -Jun. 30, 2012 Recvd. By State: Sep. 23, 2010 EO 12372 Rev: Not Applicable Review Date: None Specified Planning Grant?: NO Program Date (STIP/UPWP/FTA Prm Plan) Jul. 01, 2009 Program Page: 1313 Application Type: Electronic tment Amt: ~ $0 Eligible Cost: $35,792 FTA Amt: $18,838 State Amt: $0 Local Amt: $16,954 Federal Amt: $0 al Cond Amt: $0 ecial Condition: ~ None Specified . Tgt. Date: None Specified . Eff. Date: None Specified t. Oblig Date: None Specified e-Award thority?: No d Debt Authority?: No . ' al Budget?: No Supp. Agreement?: No ;Debt. Delinq. Details: Urbanized Areas UZA ID UZA Name ;123280 PORT ST. LUCIE, FL Congressional Districts State ID District Code District Official 12 16 Thomas J Rooney ~ 12 23 Alcee L Hastings Project Details This is an FY 2009 New Freedom application for $18,838 for the St. Lucie County Board of County Commissioners. St. Lucie County Board of Commissioners is the DR for the JARC and NF programs for the St. Lucie/Martin County Urbanized Area. The application is for the continuation of a previously selected project operated by the Council on Aging of St. Lucie Inc/Community Transit. St. Lucie County and Martin County share the apportionments to the St. Lucie UZA. The division of the apportionment to the St. Lucie UZA is documented in a split letter (attached). This application is for the St. Lucie County share of apportionments FY 2009 in the amount of 18,838.00. The Program of Projects (POP) was drawn from a coordinated human services transportation plan, and competitively selected. The Program of Projects and Project Management Plan are attached. The Council on Aging of St Lucie Inc./Community Transit was selected as the sub-recipient to provide transportation services to the disabled who cannot maneuver within the fixed-route system. This grant will provided expanded and enhanced demand/response services from the western areas of St Lucie County into Fort Pierce and Port St Lucie, and will also be used to support expansion of shuttle service throughout the eastern areas of the county. Funds will be used for operations and vehicle expenses. The local match will be provided by Council on Aging. Earmarks No information found. Securi No information found. Part 3: Budget Pro'ect Bud et Quanti FTA Amount Tot. Elio. Cost SCOPE 300-00 OPERATING ASSISTANCE 0 $16,954.00 $33,908.00 ,ACTIVITY 30.09.01 UP TO 50% FEDERAL SHARE 0 $16,954.00 $33,908.00 SCOPE 610-00 STATE ADMINISTRATION 0 $1,884.00 $1,884.00 ACTIVITY 11.80.00 STATE OR PROGRAM ~ ADMINISTRATION 0 $1,884.00 $1,884.00 Estimated Total Eligible Cost: $35,792.00 i ~ Federal Share: $18,838.00_ Local Share: ~ $16,954.00 ~ OTHER (Scopes and Activities not included in Project Budget Totals) None SOURCES OF FEDERAL FINANCIAL ASSISTANCE UZA ID Accounting FPC FY SEC Previously Amendment Total Classification Approved Amount ~ 123280 2009.25.57.FL.2 04 2010 57 $0.00 $18,838.00 $18,838.00 Total Previously Approved: $0.00 i Total Amendment Amount: $18,838.00 Total from all Funding Sources: $18,838.00 Alternative Fuel Codes Extended Budget Descriptions 30.09.01 UP TO 50% FEDERAL SHARE 0 $16,954.00 $33,908.00 i i !The Council on Aging of St Lucie Inc./Community Transit was selected as the sub-recipient to provide transportation services to people with disabilities who cannot maneuver within the fixed-route system. This grant will provided expanded and enhanced demand/ response services from the western areas of St Lucie County into Fort Pierce and Port St Lucie, and will also be used to support expansion of shuttle ~ service throughout the eastern areas of the county. Funds will be used for operations and vehicle expenses. This project was competitively selected and is a continuation of Grant # FI-57-X016-02. The operating period for this grant will be July 1, 2011 to June 30, 2012. 11.80.00 STATE OR PROGRAM ADMINISTRATION 0 $1,884.00 $1,884.00 ;Program Administration funds will be used by the Transit Division of St. Lucie Housing & Community 'Services Department for program oversight. Changes since the Prior Budget Unable to find change amount information. Part 4. Milestones 30.09.01 UP TO 50% FEDERAL SHARE 0 $16,954 $33,908 Milestone Description Est. Comp. Date I 1. Begin Milestone Jul. 01, 2011 2. Final Expenditure Jun. 30, 2012 11.80.00 STATE OR PROGRAM ADMINISTRATION 0 $1,884 $1,884 Milestone Description Est. Comp. Date 1. Begin Milestone Jan. 01, 2011 ~ 2. Final Expenditure Jun. 30, 2012 Part 5. Environmental Findings 300901 UP TO 50% FEDERAL SHARE 0 $16,954 $33,908 Finding No. 1 -Class It(c) C16 -Program Admin. & Operating Assistance Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet routine changes in demand. 118000 STATE OR PROGRAM 0 $1,884 $1,884 ADMINISTRATION Finding No. 1 -Class II(c) C16 -Program Admin. & Operating Assistance Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet routine changes in demand. Part 6: Fleet Status No information found. Part 9: Agreement UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (FTA G-16, October 1, 2009) On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official's electronic signature is entered for this Grant Agreement, FTA has Awarded Federal assistance in support of the Project described below. Upon Execution of this Grant Agreement by the Grantee named below, the Grantee aft'irms this FTA Award, and enters into this Grant Agreement with FTA. The following documents are incorporated by reference and made part of this Grant Agreement: (1) "Federal Transit Administration Master Agreement," FTA MA(16), October 1, 2009, http://www. fta. dot. gov/documents/16-Master. pdf (2) The Certifications and Assurances applicable to the Project that the Grantee has selected and provided to FTA, and (3) Any Award notification containing special conditions or requirements, if issued. FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING THE DATE OF THIS FTA AWARD SET FORTH HEREIN. FTA AWARD FTA hereby awards a Federal grant as follows: Proiect No: FL-57-X021-00 Grantee: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Citation of Statute(s) Authorizing Proiect: 49 USC 5317 -New Freedom Estimated Total Eligible Cost (in U.S. Dollars): $35,792 Maximum FTA Amount Awarded (Including All Amendmentsl (in U.S. Dollars): $18,838 Amount of This FTA Award (in U.S. Dollars): $18,838 Maximum Percentage(s) of FTA Participation: Percentages of Federal participation are based on amounts included in the Approved Project Budget, modified as set forth in the text following the Project Description. U.S._Department of Labor Certification of Public Transportation Employee Protective Arrangements: Original Project Certification Date: Proiect Description: Enhanced Services for the Disabled The Project Description includes information describing the Project within the Project Application submitted to FTA, and the Approved Project Budget, modified by any additional statements displayed in this Grant Agreement, and, to the extent FTA concurs, statements in other documents including Attachments entered into TEAM-Web. Special Provision. Text Messaging While Driving. In accordance with Executive Order No. 13513,Federal Leadership on Reducing Text Messaging WhileDriving, October 1, 2009, 23 U.S.C.A. § 402 note, and DOT Order 3902.10, Text Messaging While December 30, 2009, the Grantee is encouraged to comply with the terms of the fdllowing Special Provision. a. Definitions. As used in this Special Provision: (1) "Driving" means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. "Driving" does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary. (2) "Text Messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless the practice is prohibited by State or local law. b. Safety The Grantee is encouraged to: (1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving- (a) Grantee-owned or Grantee-rented vehicles or Government-owned, leased or rented vehicles; (b) Privately-owned vehicles when on official Project related business or when performing any work for or on behalf of the Project; or (c) Any vehicle, on or off duty, and using an employer supplied electronic device. (2) Conduct workplace safety initiatives in a manner commensurate with the Grantee's size, such as: (a) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (b) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (3) Include this Special Provision in its subagreements with its subrecipients and third party contracts and also encourage its subrecipients, lessees, and third party contractors to comply with the terms of this Special Provision, and include this Special Condition in each subagreement, lease, and third party contract at each tier financed with Federal assistance provided by the Federal Government. The Section 5317 New Freedom program is by law subject to the same terms and requirements as the Section 5310 Elderly and Disabled Persons program which does not require certification by the U.S. Department of Labor (DOL); thus, this grant awarded under the Section 5317 program will not require a DOL certification. Awarded By: Tom Thomson Deputy Regional Administrator FEDERAL TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION 09/23/2010 - } AGENDA REQUEST ITEM NO. VI - E 3 DATE: ~ p~~ Z/~ p REGULAR ( ) PUBLIC HEARING ( ) LEG. QUASI~ID CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Stefanie Myers SUBMITTED 13Y: Housing and Community Services/Community Community Services Manager Services SU_ Non-Profit Outside Agency Contracts BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001009-6900-582023-600 ARC of St. Lucie 001009-6900-582015-600 Council on Aging of St. Lucie 130-4910-582015-400 Council on Aging of St. Lurie 001009-6900-581030-600 New Horizons of the Treasure Coast 001009-6900-582000-600 Healthy Start of St. Luae 001-6210-581020-600 Health Department 001009-6900-582000-600 Executive Roundtable 001009-6900-582000-600 Florida Community Health Center 001009-6900-582000-600 Friends of the Health Department 001009-6900-582000-600 Treasure Coast Homeless Services Council 001009-6900-582000-600 211 Information and Crisis Servlces 001009-6900-582000-600 Special Olympics PREVIOUS ACTION: April 27, 2010 -Approved letter of commitment to Florida Community Heaith Center. June 14.2010 -Reviewed at strategic planning workshop. September 23, 2010 -Approved allocation at FY11 Final Budget Hearing. RECOMMENDATION: hoard approval of the non-profit outside agency agreements as outlined in the attached memorandum; and authorization for the Chairman to sign documents as approved by the County Attomey. COMMISSION ACTION: CONCURRENCE: (J¢ APPROVED ( ) DENIED ( ) OTHER r`~j ~ -~~ Approved 5-0 Faye W. Outlaw, MPA County Administrator County Attorney ( ) C_oordlnatlon/3lanat res OMB Director (, ) Budget Analyst • an c n re ane own Originating Dept ( ) Sophia Holt et y er C C~ t1 NT Y F L O R I D A- -~- Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director~J FROM: Stefanie Myers, Community Services Manager DATE: October 12, 2010 SUBJECT: Non-Profit Outside Agency Contracts ITEM NO. VI - E3 Background: Non-profit organizations in the County provide a variety of services to residents, including childcare for children with disabilities, health and prenatal care, information and referral assistance, senior services, mental health treatment, child advocacy, and others. Historically, County support has been provided to these programs from general revenue funds. For FY11 and FY12, funds for the following contracts will be shifted from the operating budget to one time funding sources. Continued annual funding for the non-profits below will be subject to available fund balance money from excess fees returned to the County from the Tax Collector and Property Appraiser at the end of each year. $65,554 ARC of St. Lucie -After School Program $149,235 Council on Aging of St Lucie $673,606 New Horizons $51,840 Healthy Start of St. Lucie $43,200 Executive Roundtable $22,500 Treasure Coast Homeless Services Council $15,750 211 Information and Crisis Services $32,178 Special Olympics $1,053,863 Total Funding for the St. Lucie County Health Department will continue to be included in the operating budget for future years. The approved funding for FY11 is $868,295 and will be divided as indicated in the list below. A letter of commitment was approved on April 27, 2010 by the Board in support of a grant application by the Florida Community Health Center (FCHC) for Medicaid Low Income Pool (LIP) in support of projects that expand access to primary health care. A local match of 38% is required. St. Lucie County Health Department has agreed that a portion of their funds from the County may be used for this match. In return, FCHC will fund the dental program for the Health Department. VI ? E3 Non-Profit Outside Agency Contracts October 12, 2010 Page 2 $723,801 Health Department $ 5,000 Friends of the Health Department $139,494 Florida Community Health Center ------------------- $863,295 Total The Council on Aging will also receive $17,000 in match resources that will be funded out of the Transit Municipal Services Taxing Unit (MUTS). These funds are part of the regular MSTU budget. Recommendation: Board approval of the non-profit outside agency agreements as outlined in the attached memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: Sample Contracts AGREEMENT THIS AGREEMENT, made this day of A.D. 2010, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and NEW HORIZONS OF THE TREASURE COAST, INC., or its successors, executors, administrators, and assigns hereinafter called the" Recipient". IN 'CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient grant funds in the total amount of Six Hundred Seventy-Three Thousand Six Hundred Six and 00/100 dollazs ($673,606.00) as local matching funds pursuant to the 2010-2011 contract between the State of Florida Department of Children and Families and the Recipient for the provision of mental health and substance abuse treatment services to the residents of St. Lucie County, hereinafter referred to as the "DCF Contract", and incorporated herein by reference. Payment to the Recipient shall be made in equal quazterly installments in the amount of One Hundred Sixty-Eight Thousand Four Hundred One and 50/100 dollazs ($168,401.50), with the first payment within thirty (30) days after the date this Agreement is executed on behalf of the County. The remaining payments shall be due and payable on or before January 15, 2011, April 15, 2011, and July 15, 2011. 2. The grant funds shall be used only as set forth in the DCF Contract. The Recipient shall provide the County Community Services Director with quarterly reports setting forth the following information: A. Number of clients served during quarter. B. Number of clients entering treatment during quarter. C. Cumulative number of clients served since October 1, 2010. D. Type and number/hours of services provided during quarter. E. A match report of funds for St. Lucie County. The reports shall be due on or before January 5, 2011, April 5, 2011, July 5, 2011, and October 5, 2011 for the previous quarter. 3. The Recipient shall have internal controls adequate to safeguazd the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to the DCF Grant Contract and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant within ninety (90) days after the end of its last fiscal year during which funds are expended under the DCF Grant Contract. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee whether in the jail facilities or surrounding area, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 2 To the Recipient: New Horizons of the Treasure Coast, Inc. 4500 West Midway Road Fort Pierce, Florida 34981 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. 12. The Recipient 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 Section112.311, Florida Statutes (2008) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient 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 Recipient'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 Recipient 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 Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and the Recipient 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 Recipient under the terms of this Agreement. 13. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 14. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. 3 15. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 16. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: SECRETARY NEW HORIZONS OF THE TREASURE COAST, INC. BY: PRESIDENT (SEAL) 4 GRANT AGREEMENT THIS AGREEMENT, made this day of 2010, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and 2-1-1 Palm Beach/Treasure Coast, Inc., or its successors, executors, administrators, and assigns hereinafter called "Grantee": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to Grantee a grant in a total amount of Fifteen Thousand Seven Hundred Fifty and 00/100 dollars ($15,750.00) for the County's fiscal year 2010-2011. Payment to Grantee shall be made in one lump sum payment within thirty (30) days after the date this agreement is fully executed by both parties. 2. The Grantee shall provide the County Community Services Director with quarterly reports. Where possible, characteristics of those served during the previous quarter, services received, service dates, and outcomes should be provided. Reports should not be limited to those outcomes funded strictly through this grant. The reports shall be due on or before January 5, 2011, Apri15, 2011, July 5, 2011, and Oct 5, 2011. 3. The grant shall be used to provide 24 hours per day/7 days per week information referrals, telephone counseling, crisis intervention and suicide prevention services toll free to St. Lucie County residents. In addition, the Grantee will also assist the County with receiving calls for volunteers and donated goods during and after an emergency or disaster situation. 4. Grantee shall have internal controls adequate to safeguard the grant. 5. If the grant can not be used or a subsequent audit reveals the grant was not used according to the Grant Agreement and/or this Agreement, any money not so used shall be reimbursed to the County. 6. Grantee shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. Grantee shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under the Grant Agreement. 7. Grantee gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of Grantee involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 8. Grantee is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. Grantee shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by Grantee or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. Grantee hereby acknowledges that the payment made under this Agreement include specific consideration for the indemnification provided herein. 9. Grantee agrees to comply with all local, state and federal laws, rules and regulations. 10. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue, 3rd Floor. Fort Pierce, Florida 34982 To Grantee: The Center for Information and Crisis Services, Inc. P.O. Box 3588 Lantana, Florida 33465 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, Grantee agrees to use said forms. 12. Grantee represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2008) and as may be amended from time to time. Grantee further represents that no person having any interest shall be employed for said performance. Grantee 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 Grantee'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 Grantee 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 Grantee. The County agrees to notify Grantee of its opinion by certified mail within thirty (30) days of receipt of notification by Grantee. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by Grantee, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by Grantee under the terms of this Agreement. 13. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 14. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 15. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. 16. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. WITNESSES: ST. LUCIE COUNTY, FLORIDA BY COUNTY ADMINISTRATOR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: 2-1-1 PALM BEACH/TREASURE COAST, INC BY: EXECUTIVE DIRECTOR (SEAL) GRANT AGREEMENT THIS AGREEMENT, made this day of between ST. LUCIE COUNTY, a political subdivision of the State of Florida called the "County", and ARC OF ST. LUCIE COUNTY, INC., or its executors, administrators, and assigns hereinafter called "ARC": 2010, hereinafter successors, IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to ARC a grant in a total amount not to exceed sixty- five thousand five hundred fifty-four and 00/100 dollars ($65,554.00) for an after school program for children with disabilities. Payment to ARC shall be made in one lump sum payment within thirty (30) days after this Agreement has been executed by both parties. 2. ARC shall provide the County Community Services Director with quarterly reports to include the services provided during the previous quarter. Where possible, characteristics of those served during the previous quarter, services received, service dates, and outcomes should be provided. The reports shall be due on or before January 5, 2011, April 5, 2011, July 5, 2011, and Oct 5, 2011. 3. ARC shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to the Grant Contract and/or this Agreement, any money not so used shall be reimbursed to the County. 5. ARC shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. ARC shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under the Grant Contract. 6. ARC gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of ARC involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. ARC is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. ARC shall and will indemnify and hold harmless the County from S:110-11 Grants120111ARC.11.56554.docx Page 1 of 4 and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by ARC or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. ARC hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. ARC agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: WITH COPY TO: TO ARC: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 ARC of St. Lucie County, Inc. P O Box 1016 Fort Pierce, Florida 34954 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, ARC agrees to use said forms. 12. ARC represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2008) and as may be amended from time to time. ARC further represents that no person having any interest shall be employed for said performance. S:\10-11 Grants\2011 WRC.11.56554.docx Page 2 of 4 13. ARC 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 ARC'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 ARC 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 ARC. The County agrees to notify ARC of its opinion by certified mail within thirty (30) days of receipt of notification by ARC. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by ARC, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by ARC under the terms of this Agreement. 14. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 15. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non- binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 16. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 17. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. S:\10-11 Grants\2011 WRC.11.56554.docx Page 3 of 4 IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: SECRETARY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ARC OF ST. LUCIE COUNTY, INC. BY: PRESIDENT (SEAL) S:110-11 Grants12011 WRC.11.56554.docx Page 4 of 4 GRANT AGREEMENT THIS AGREEMENT made this day of 2010, between ST. LUCIE COUNTY, FLORIDA, 2300 Virginia Avenue, Fort Pierce, Florida 34982, a political subdivision of the State of Florida, (the "County") and THE EXECUTIVE ROUNDTABLE OF ST. LUCIE COUNTY, INC., 546 NW University Blvd. Suite 204, Port St. Lucie, FL, (the "Roundtable"). WITNESSETH: I. SCOPE OF SERVICES A. The Roundtable will administer the Youth Leadership Roundtable and operations of the Executive Roundtable and other networks to address economic sufficiency, teen health, violence, delinquency, academic success, substance abuse and mental health in accordance with the terms and conditions of this Agreement. The Roundtable shall provide the County with copies of its grant contracts with other agencies for the Youth Leadership Roundtable. B. The Roundtable shall submit quarterly reports to the St. Lucie County Community Services Director and the St. Lucie County Grants Coordinator beginning January 1, 2011 regarding services provided during the previous quarter under this Agreement. The remaining reports shall be due on or before April 1, 2011, July 1, 2011, and November 1, 2011. The reports shall include, but not be limited to, the following information for each quarter and cumulative totals of clients served under the Agreement: 1. Number of clients serviced during previous quarter. 2. Cumulative number of clients served since October 1, 2010. II. TERM The term of this Contract shall begin on October 1, 2010 and shall continue through and including September 30, 201 1, unless otherwise terminated as herein provided. III. COMPENSATION The County shall disperse to the Recipient a grant in the total amount of forty-three thousand two hundred and 00/100 dollars ($43,200.00) for fiscal year 2010-11. Payment to the Roundtable shall be made within thirty (30) days after the date this Agreement is executed on behalf of the County. If these funds cannot be used or a subsequent audit reveals the grant was not used according to the Grant and/or this Agreement, any money not so used shall be reimbursed to the County. 1 IV. INDEMNIFICATION AGAINST CLAIMS The Roundtable is and shall be an independent contractor, responsible to all parties for all of its acts or omissions, and the County shall in no way be responsible for such acts or omission. The Roundtable shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupations, administration or control of the above described services by the Roundtable or its agents, employees, customers, patrons or invitee whether in the jail facilities or surrounding area, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Roundtable hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. V. INSURANCE The Roundtable shall, at its own expense, promptly procure and pay for and at all times maintain a policy or policies of professional insurance with coverage limits of not less than one million and 00/100 dollars ($1,000,000.00) for any act or occurrence. The insurance policy shall provide broad comprehensive general liability coverage, and it shall include personal injury, products and completed operations. The policy shall provide a thirty (30) day notice of cancellation or non-renewal and a severability of interest endorsement. The Roundtable shall submit evidence of such insurance when returning the executed copies of this Agreement. VI. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the persons giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested and addressed to: As to County: St. Lucie County Administrator Administration Annex Building 2300 Virginia Avenue Fort Pierce, FL 34982 As to Roundtable: With a copy to: St. Lucie County Attorney Administration Annex Building 300 Virginia Avenue Fort Pierce, FL 34982 Executive Director Executive Roundtable of St. Lucie County, Inc. 546 NW University Blvd. Suite 204 Port St. Lucie, FL 34986. 2 VII. TERMINATION Any of the parties shall have the right to terminate this Agreement for any reason upon written notice provided to the other party thirty (30) days prior to the effective date of termination. Unless otherwise terminated as provided herein, this Agreement shall terminate on September 30, 2011. VIII. PUBLIC RECORDS The Roundtable shall allow public access to all documents, papers, letters, or other material subject to the applicable provisions of federal and state law, and made or received by the Roundtable in conjunction with this Agreement. IX. CONFLICT OF INTEREST The Roundtable 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 (2009), and as may be amended from time to time. The Roundtable further represents that no person having any interest shall be employed for said performance. The Roundtable 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 Roundtable'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 Roundtable 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 Roundtable. The County agrees to notify the Roundtable of its opinion by certified mail within thirty (30) days of receipt of notification by the Roundtable. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Roundtable, the County shall so state in the notification and the Roundtable 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 Roundtable under the terms of this Agreement. X. ANNUAL AUDIT The Roundtable shall provide the County with a copy of its annual audit prior to the termination of this Agreement. 3 XI. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties and shall not be extended or modified except in writing. XII. INTERPRETATION: VENUE In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have hereto subscribed and affixed their names and seals the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK WITNESSES: BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY EXECUTIVE ROUNDTABLE OF ST. LUCIE COUNTY, INC NAME: TITLE: 4 GRANT AGREEMENT THIS AGREEMENT, made this day of A.D. 2010 between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and HEALTHY START COALITION OF ST. LUCIE COUNTY, INC., a Florida not-for-profit corporation, or its successors, executors, administrators, and assigns hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a lump sum grant in the amount of fifty-one thousand eight hundred forty and no/100 dollars ($51,840.00). The County shall disburse such funds to the Recipient within thirty (30) days of the date this agreement is executed by both parties. 2. The grant shall be used only to pay for non-Medicaid pre-natal and/or interconceptual care and deliveries not covered by any other source approved by the Recipient beginning on the date first above written through and including September 30, 2011. The Recipient shall submit quarterly outcome and demographic reports to the St. Lucie County Community Services Director. The reports shall be due on or before January 5, 2011, April 5, 2011, July 5, 2011, and October 5, 201 1. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used as set forth above or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. The audit shall be delivered to the County on or before January 1, 2012. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Either party may terminate this contract with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unexpended funds or funds expended in conflict with Recipient's application, as of the date of termination notice. 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 To the Recipient: With copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 Healthy Start Coalition of St. Lucie County, Inc. 117 Atlantic Avenue Fort Pierce, Florida 34950 12. The Recipient 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 (2008) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient 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 Recipient'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 Recipient 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 Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 13. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Recipient agrees to use said forms. 14. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 15. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 16. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 17. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: HEALTHY START COALITION OF ST. LUCIE COUNTY, INC. BY: SECRETARY PRESIDENT (SEAL) a GRANT AGREEMENT THIS AGREEMENT, made this day of 2010, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and TREASURE COAST HOMELESS SERVICES COUNCIL, INC., a Florida not-for-profit corporation, or its successors, executors, administrators, and assigns hereinafter called "Grantee": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to Grantee a grant in a total amount of twenty-two thousand five hundred and 00/100 dollars ($22,500.00). Payment to Grantee shall be made in one lump sum payment within thirty (30) days after the date this agreement is fully executed by both parties. The Grantee shall provide the Community Services Director with quarterly outcome and demographic. The reports shall be due on or before January 5, 2011, April 5, 2011, July 5, 2011, and October 5, 2011. 2. The grant shall be used to provide housing assistance to St. Lucie County residents. In addition, the Grantee will also assist the County with receiving calls for volunteers and donated goods during and after an emergency or disaster situation. 3. Grantee shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to the Grant Agreement and/or this Agreement, any money not so used shall be reimbursed to the County. 5. Grantee shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. Grantee shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under the Grant Agreement. 6. Grantee gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of Grantee involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. Grantee is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. Grantee shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by Grantee or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. Grantee hereby acknowledges that the payment made under this Agreement include specific consideration for the indemnification provided herein. 8. Grantee agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 To Grantee: Treasure Coast Homeless Services Council, Inc. 2525 St. Lucie Avenue Vero Beach, Florida 32960 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, Grantee agrees to use said forms. 12. Grantee represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 2 (2008) and as may be amended from time to time. Grantee further represents that no person having any interest shall be employed for said performance. Grantee 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 Grantee'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 Grantee 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 Grantee. The County agrees to notify Grantee of its opinion by certified mail within thirty (30) days of receipt of notification by Grantee. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by Grantee, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by Grantee under the terms of this Agreement. 13. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 14. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 15. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. 16. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 3 IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: TREASURE COAST HOMELESS SERVICES COUNCIL, INC. BY: SECRETARY PRESIDENT (SEAL) 4 GRANT AGREEMENT THIS AGREEMENT, made this day of , 2010, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and FRIENDS OF ST. LUCIE COUNTY PUBLIC HEALTH, INC., a Florida Non Profit Corporation, or its successors, executors, administrators, and assigns hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the total amount of five thousand and 00/100 dollars ($5,000.00) to be used to promote the St. Lucie County Health Department and its programs. Payment to the Recipient shall be made in one lump sum payment within thirty (30) days of the date this Agreement is executed by both parties. 2. On or before November 1, 2011, the Recipient shall provide the County Community Services Director with a report regarding the use of the funds and the services provided to St. Lucie County residents. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to the provisions of this Agreement, any money not so used shall be reimbursed to the County. 5. The Recipient shall provide a written report of the expenditure of all monies disbursed pursuant to this Agreement. The Recipient shall submit such. report within ninety (90) days after the end of its last fiscal year during which funds are expended under this Agreement. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 To the Recipient: Friends of St. Lucie County Public Health, Inc. 5150 NW Milner Drive Port St. Lucie, Florida 34983 10. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. 11. The Recipient 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 (2009) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient 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 2 influence the Recipient'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 Recipient 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 Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 12. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 13. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 14. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. WITNESS: ST. LUCIE COUNTY, FLORIDA BY COUNTY ADMINISTRATOR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: FRIENDS OF ST. LUCIE COUNTY PUBLIC HEALTH, INC. BY: PRESIDENT (SEAL) GRANT AGREEMENT THIS AGREEMENT, made this day of , 2010, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE ,INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a grant in a total amount not to exceed seventeen thousand and 00/100 dollars ($17,000.00) as local matching funds pursuant to the 2010-2011 U.S:C. Section 5310, formerly Section 16, grant contract, hereinafter referred to as the "Grant Contract". Payment to the Council shall be made in one lump sum payment within thirty (30) days after the Council provides the County Community Services Director with an invoice for the County match and a copy of the paid invoice for the vehicle. 2. The grant shall be used only as set forth in the Grant Contract, incorporated herein by reference. The vehicle purchased under the Grant Contract shall be titled in the name of the Council. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under the Grant Contract. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Council or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 1505 Orange Avenue Fort Pierce, Florida 34950 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, The Council agrees to use said forms. 12. The Council represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2008) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said performance. The Council shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Council's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Council may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Council under the terms of this Agreement. 13. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. 14. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 15. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 3 IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: SECRETARY COUNCIL ON AGING OF ST. LUCIE, INC. BY: PRESIDENT (SEAL) GRANT AGREEMENT THIS AGREEMENT, made this day of , 2010, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a grant in the total amount of fifty thousand one hundred thirty and 00/100 dollars ($50,076.00) as local matching funds pursuant to the 2010-2011 Community Care for the Elderly Grant Contract between the Council and the Area Agency on Aging of Palm Beach/Treasure Coast, Inc., hereinafter referred to as the "CCE Grant Contract". Payment to the Council shall be made within thirty (30) days after the date this Agreement is executed on behalf of the County. 2. The grant shall be used only as set forth in the CCE Grant Contract, incorporated herein by reference. The Council shall provide the County Community Services Director with quarterly reports regarding the use of the funds and the services provided during the previous. The reports shall be due on or before January 5, 2011, April 5, 2011, July 5, 2011, and October 5, 2011. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to the CCE Grant Contract and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under the CCE Grant Contract. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Council or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Boulevard Port St. Lucie, Florida 34984 WITH COPY TO St. Lucie County Attorney 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. 12. The Council represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2008) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said performance. The Council shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Council's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Council may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Council under the terms of this Agreement. 13. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 14. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 15. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 16. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 3 IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK ATTEST: SECRETARY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY COUNCIL ON AGING OF ST. LUCIE, INC. BY: PRESIDENT (SEAL) a GRANT AGREEMENT THIS AGREEMENT, made this day of , 2010, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a grant in the total amount of ninety-nine thousand one hundred fifty-nine and 00/100 dollars ($99,159.00) as local matching funds pursuant to the 2010-2011 Older Americans Act Grant Contract between the Council and the Area Agency on Aging of Palm Beach~Treasure Coast, Inc., hereinafter referred to as the "OAA Grant Contract". Payment to the Council shall be made within thirty (30) days after the date this Agreement is executed on behalf of the County. 2. The grant shall be used only as set forth in the OAA Grant Contract, incorporated herein by reference. The Council shall provide the County Community Services Director with quarterly outcome reports regarding the use of the funds and the services provided during the previous. The reports shall be due on or before January 5, 2011, April 5, 2011, July 5, 2011, and October 5, 2011. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to the OAA Grant Contract and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under the OAA Grant Contract. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Council or its agents, employees, customers, patrons or invitee whether in the jail facilities or surrounding area, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions, exhibit graphics, and vehicles purchased and/or operated with funds disbursed under this grant shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Boulevard Port St. Lucie, Florida 34984 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. 2 12. The Council represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2007) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said performance. The Council shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Council's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Council may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in the notification and the Council shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Council under the terms of this Agreement. 13. In the event of a dispute between the parties. in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 14. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. 15. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 16. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 3 IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK ATTEST: SECRETARY BY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY COUNCIL ON AGING OF ST. LUCIE, INC. BY: PRESIDENT (SEAL) g: \atty\agreemnt\contractlCOA.0AA.09. doc 4 ® GRANT AGREEMENT THIS AGREEMENT, made this day of , 2010, between ST. LUCIE COUNTY, hereinafter called the "County", and SPECIAL OLYMPICS ST. LUCIE COUNTY, or its successors, executors, administrators, and assigns hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the total amount of thirty-two thousand one hundred seventy-eight and 00/100 dollars ($32,178.00). Payment to the Recipient shall be made within thirty (30) days after the date this Agreement is executed on behalf of the County. 2. The grant shall be used in accordance with the Recipient's 2010/11 Grant Application, a copy of which is attached hereto and incorporated herein as Exhibit "A". The Recipient shall provide the County with an annual report indicating how the grant funds have been expended and the activities of the Recipient during the previous year. The report shall be delivered to the County on or before November 1, 2011. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 6. The Recipient shall allow access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. 7. The Recipient agrees to fully indemnify and hold harmless the County and the St. Lucie County Board of County Commissioners, their officers, employees, and agents s:\atty\ngreemnt\special olympics.2010.doc ® of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. The Recipient hereby acknowledges that the payments made under this Agreement includes specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by St. Lucie County. 10. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unexpended funds or funds expended in conflict with Recipient's application, as of the date of termination notice. 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the Counter: ® St. Lucie County Administrator 2300 Virginia Avenue, Third Floor Fort Pierce, Florida 34982 To the Recipient: Special Olympics St. Lucie County 1302 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue, Third Floor Fort Pierce, Florida 34982 12. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Recipient agrees to use said forms. 13. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 5:\ntty\cgreemnt\specinl olympics.2010.doc 2 ® 14. The Recipient shall not assign this Agreement to any other persons or firm without first obtaining County's written approval. 15. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 16. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non- binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 17. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN DATE: 5:\atty\ogreemnt\special olympics.2010.doc 3 APPROVED AS TO FORM AND CORRECTNESS: By: county Attcirney WITNESSES: SPECIAL OLYMPICS ST. LUCIE COUNTY BY: NAME: TITLE: DATE: 5:\atty\agreemnt\specinl olympics.2010.doc q CONTRACT BETWEEN StSt_ COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE S Luci COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2010-2011 This agreement ("Agreement") is made and entered into between the State of Florida, Department of Health ("State's and the S Lu i County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2010. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. St. Lucie County Health Department ("CHD' is one of the County Health Departments created throughout Florida. It is necessary for the parties hereto to enter into this Agreement in order to assure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 2010, through September 30, 2011, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in osier to maintain the following three levels of service pursuant to Section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. Environmental health services shall be supported by available federal, state and local funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, and occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility (d/n~ct conbibutlon exduding any state frees, Medkald contributions a any other funds not psted on the Schedule C) as provided In Attachment II, Part II is an amount not to exceed $ 8.921.500.00 (State General Revenue, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (dJrect contribution excluding any fees, other cash or local conbfbutlons) as provided in Attachment I I, Part II is an amount not to exceed $723.801.00 (amount listed under the 'Board of County Comm/ss/oners Annual Apprnpriatrons section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. 2 c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initlates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Bureau of Budget Management. tf the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Bureau of Budget Management. e. The name and address of the official payee to who payments shall be made is: County Health Department Trust Fund St. ci County 5150 NW Milner Dr. Port St. Lucie, FL 34983 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with .the State and will be under the day-today direction of the Deputy State Health Officer. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall insure that non-categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director/administrator to the parties no later than October 1 of each year (Th/s /s the standard quality assurance 'County Health Prdfile'repa-t located on the Ofl9ce of Planning, Evaluat/on 6 Data Analysis /ntranet site). 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State-contract personnel subject to State personnel rules and procedures. Employees will report time in the Health Management System compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all county-purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this Agreement. State (~ procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books. records and documents in accordance with those promulgated by the Generally Accepted Accounting Principles (GAAP) and Govemmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.i., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: i. The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR). ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; ii1. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Heaith Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in St. Lucie County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. F~cpenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract and funding from all sources is credited to the program accounts by state and county. The equity share of any surpius/deficit funds accruing to the state and county is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating govemmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating govemmental entity. The planned use of 4 ® surplus funds shall be reflected in Attachment il, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD dinactor/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy State Health Officer has approved the transfer. The Deputy State Health Officer shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this Agreement. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. Ail confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated April 2005, as amended, the terms of which are incorporated herein by reference. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of (~ failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Speciftc references to existing laws, rules or program manuals are included in Attachment 1 of this Agreement. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The DE385L1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the county of service variances reflected in the DE385L1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the amount of the service speciftc variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Bureau of Budget Management. (~ p. The dates for the submission of quarterly reports to the county shalt be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: i. March 1, 2011 for the report period October 1, 2010 through December 31, 2010; ii. June 1, 2011 for the report period October 1, 2010 through March 31, 2011; iii. September 1, 2011 for the report period October 1, 2010 through June 30, 2011; .and iv. December 1, 2011 for the report period October 1, 2010 through September 30, 2011. 7. FACILITIES AND EQUIPMENT: The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The county shall assure adequate fire and casualty insurance coverage for County- owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either aself-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The county shall assure insurance coverage for these vehicles is available through either aself-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one-hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, either party may terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2011, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Managers. The name and address of the contract managers for the parties under this Agreement are as follows: Traci Fox Name Finance 8 Accounting Director Title St. Lucie County Health Dent. 5150 NW Milner Dr. Port St. Lucie. FL 34983 Address 772-873-4885 Telephone Beth Rvder Name Community Services Director Title St. Lucie County 437 7 Street Ft. Pierce. FL 34952 Address 772-462-1772 Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this Agreement. c. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. C In WITNESS THEREOF, the parties hereto have caused this~2,~ page agreement to be executed by their undersigned officials as duly authorized effective the 1 day of October, 2010. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA FOR St. Luc=COUNTY SIGNED BY: NAME: Charles Grande TITLE: Chairmen DATE: ATTESTED TO: SIGNED BY: NAME: TITLE: Clerk of the Court DATE: DEPARTMENT OF HEALTH SIGNED BY: NAME: Ana M. Viamonte Ros. M D .MPH. TITLE: State Suroeon General DA' SIGNED BY: NAME: Larrv Lee. RN TITLE: CHD Director/Administrator DATE: ~-~G /p a Family Planning gt Lucie COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specifk: program and ropordng roquiremsnb in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requiremenb because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting roquiromenb for that service. The services and the reporting requiremenb aro listed below: 1. Sexually Transmitted Disease Program 2. Dental Health 3. Special Supplemental Nutrition Program for Women, Infanb and Children (including the WIC Breastfeeding Peer Counseling Program) 4. Healthy Start/ Improved Pregnancy Outcome 5. 8. 7. 8. 9. ATTACHMENTI Requiremenb as specified in FAC 64D-3, F.S. 381 and F.S. 384 and the CHD Guidebook. Monthly reporting on DH Form 1008'. Additional reporting requiremenb, under development, will be required. The additional reportlng requiromenb will be communicated upon finalization. Service documentation and monthly financial reports as specified in DHM 150-24' and all federel, state and county requiremenb detailed in pr+ogrem manuals and published procedures. Requiremenb as specified in the 2007 Healthy Start Standards and Guidelines and as specified by the Healthy Start Coalitions in contract with each county health department. Periodk: financial and programmatic reports as specified by the progrem office and in the CHD Guidebook, Internal Operetlng Policy FAMPLAN 14' Immunization Periodl: reports as specified by the department regarding the surveillance/investigatbn of reportable vaccine preventable diseases, vaccine usage axountability as documented in Florida SHOTS, the assessment of various immunization levels as documented in Florida SHOTS and forms reporting adverse evenb following immunizatlon. Chronic Disease Program Requlremenb as specified in the Healthy Communities, Healthy People Guidebook. Environmental Health Requiremenb as specified in Environmental Health Programs Manual 150-4' and DHP 50-21' HIV/AIDS Program Requiremenb as specified in F.S. 384.25 and 84D-3.016 and 3.017 F.A.C. and the CHD Guidebook. Case reporting should be on Adult HIV/AIDS Confidential Case Report CDC Form DH2139 and Pediatric HIV/AIDS Confldentlal Case Report CDC Form DH2140. Socio- 10 ® ATTACHMENT I (Continued) demographic data on persons tested for HIV in CHD clinics should bs roported on Lab Request DH Form 1628 or Post- Test Counseling DH Forth 1828C. These reports aro to bs sent to the Headquarters HIV/AIDS office within 5 days of the initial post-test counseling appointment or within 90 days of the missed post-test counseling appointment. 10. School Heslth Services Requirortbnts as specified in the Florida Scholl Health Adminiatr'ative Guidelines (April 2007). 11. Tuberculosis Tuberculosis Program Requirements as specified in FAC 84D-3, F.S. Specilk Authority 381.0011(13), 381.003(2), 381.0031(8), 384.33, 392 53(2), 392.68 FS Law Implemented 381.0011(4), 381.003(1), 381.0031(1), (2), (8), 383 OQ, 384.23, 384.2 383202, 392.53 FS.381 and CHD Guidebook. 12. General Communk:able Diseass Control Carry out surveillance for reportable communicable and other acute diseases, detect outbreaks, respond to individual cases of roportable disesses, investigate outbreaks, and carry out communication and quality assurance functions, as specified in the CHD Guide to Surveillance and Investigations. 'or the subsequent replacement if adopted during the contract period. Il N r Q 0 z .~ .s W V 0 Z O N F- O r ~~ w ~~~ ~ ~o ~~ ~LL~ ~~ ~~ ~ o~ D N ~ ~ c0 ~ }~ ~ ~s z ~o 3 ~ '" w N ! ~~ i o~ N ~~ ~~ ~g ~s ao N V ~ ~~ o ~~ ~' N ~,' ~~ ~~~ v~ ~~ ~~ m ~ N ~ r ~~ ~• O ««~~~ ~ 3 ~ a .~ o ~ o o Q ~ m 3 $ C C C .ta E~ .~ ~m ~ ~ ~ ~m .~ N ~ a ~~ r O s ~ ~~ '~ '~ iA 1• GENERAL REVENUE -STATE 013040 ALG~CESSPOOL IDENT[FlCAT10N AND ELIMINATION 0 0 013040 ALGICONTR TO CHDS-AIDS PATIENT CARS 193 000 0 0 0 0 013040 ALG/CONTR TO CHDS-AIDS PATIENT CARE NETWORK , 0 193,000 0 0 193,000 013040 ALG/CONTR TO CHDS-AIDS PREV A SURV A FIELD STAFF 113 681 0 0 0 0 013040 ALGlCONTR TO CHDS-DENTAL PROGRAM , 17 907 113,681 0 0 l 13,681 015040 ALGICONTR TO CHDS•MIGRANT LABOR CAMP SANITATION , 0 17,907 0 0 17,907 015040 MINORITY OUTREACII:PENALVERCLINIC- MIAMI-DAD6 0 0 0 0 0 013040 PRIMARY CARE SPECIAL DENTAL PROJECTS 6 924 0 0 0 0 013040 SPECIAL NEEDS SHELTER PROGRAM , 69 700 6,924 0 0 6,924 013040 STATEWIDE DENTISTRYNETWORK- ESCAMBIA , 0 68,700 0 0 69.700 013040 STD GENERAL REVENUE 28 847 0 0 0 0 013040 VARICELLA lMINUNIZATION REQUIRE114ENT , 7 041 28,847 0 0 28.847 013040 HEALTHY START MED WAIVER- SOBRA , 0 7,041 0 0 7,041 013040 HEALTHY START MEDWAIVER -CLIENT SERVICES 0 0 0 0 0 013040 lESSB3 TRICE CANCER CTWHEALTH CHOICE -MIAMI-DADS 0 0 0 0 0 015040 LA LIGA CONTRA EL CANCER 0 0 0 0 0 013040 MANATEE COUNTY RURAL HEALTH SERVICES 0 0 0 0 0 013040 METRO ORLANDO URBAN LEAGUE TEENAGE PRF.(3 PREV 0 0 0 0 0 3040 COUNTY SPECIFIC DENTAL PROJECTS- ESCAMBIA 0 0 0 0 0 3040 DENTAL SPECIAL INITIATIVES 3 293 0 0 0 0 013040 DWAL TEEN PREGNANCY PREVENTION , 0 3,293 0 3,293 013010 FL CLPPP SCREENIN(} ~ CASE MANAGEMENT 0 0 0 0 0 0 013040 FL HEPATITIS ~ LIVER FAILURE PREVENTIOUICUNTROL 0 0 0 0 0 013040 HEALTHY BEACHES MONITORING 6 826 0 0 0 0 015040 ALG/!PO HEALTHY STAR'D'IPO . 0 6,826 0 6,826 015040 AL(YPRIMARYCARB 303 981 0 0 0 0 0 013040 ALG/SCI{Op[, I{EAI,TWSUpPLEMENTAL , 0 303,981 0 303,981 013040 CHILD HEALTH MEDICAL 3ERVICE3 0 0 0 0 0 0 013040 COMMUNITY SMILES. MIAMFDADB 0 0 0 0 0 013040 COMMUNRY TB PROGRAM 72 133 0 0 0 0 013010 ALGfCONTR TO CHD3-IMMUNIZATION OUTREACH TEAMS , 12 338 72,133 0 0 72,133 013040 AL(yiCOM'R, TO CHDS-INDOOR AIR ASSIST FROG , 0 12,338 0 12.338 013040 ALG/CONTR TO CHDS-MCH HEALTH -FIELD STAFF COST 0 0 0 0 0 0 013040 ALG/CONTR TO CHD3~SOVEREIGN IMMUNITY 0 0 0 0 0 OI 3040 ALG/CONTRIBUTION TO CHDSPRiMARY CARE 24 407 p 0 0 0 013040 ALGIFAMILY PLANNING , 47 068 24,407 0 0 24.407 013030 ALGICONTR TO CHDS . 1 791 474 47,068 0 0 47,068 , , !,791,474 0 1,791,474 GENERAL REVENUE TOTAL 2.700.622 0 2,700,622 O 2,700,622 2. NON GENERAL REVENUE -STATE 015010 TOBACCO ADMIN SUPPORT 37 600 0 015010 ALG/CONTR TO CHDS-BIOMEDICAL WASTE!DEP ADM TF , 10 767 37,600 0 0 37,600 015010 ALG/CONTR TO CHDS-SAFE DRINKING WATER PRO'DEP ADM , 0 10,767 0 0 10,767 010 BASIC SCHOOL HEALTH- TOBACCO TF 142 797 0 0 0 0 SOIO 810 T INDIRECT , 74 81 I 142,797 0 142,797 013010 SUPER ACT , 9 900 0 74,811 0 74,811 013010 FOOD AND WATERBORNE DISEASE PROGRAM ADM TADACS , 0 0 8,800 0 0 9,900 0!50!0 FULL SERVICE SCHOOLS-TOBACCOTF 110 100 0 0 0 0 , 110,100 0 110,100 eTSlon: 4 Perna 1w~ ~ ~ ~ ~ 0!3010 IMMUNIZATION SPECIAL PROJECT 6,269 0 6,268 0 6,269 013010 PUBLIC SWIMMING POOL PROGRAM 0 0 0 0 0 013010 SUPPLEMENTAL/COMPREHENSIVE SCHOOL HEALTH- TOB TF 0 0 0 0 0 013010 TOBACCO COMMUNITY RVTERVENTION 140,000 0 140,O0p 0 140.000 013020 TRANSFER FROM ANOTHER STATE AGENCY 0 0 0 0 0 Ol 3020 TRANSFER FROM ANOTHER STATE AGENCY 0 0 0 0 0 013020 TRANSFER FROM ANOTHER STATB AGENCY 0 0 0 0 0 013060 Non-Categorical Tobacco Rebaaing 102.362 0 102,362 0 102,362 NON GENERAL REVENUE TOTAL 634,606 0 634.606 0 634.606 3. FEDERAL FUNDS -Stab 007000 AFRICAN AMERICAN TESTMG MITLATIVB;AATQ 263,000 0 263,000 0 263,000 007000 AIDS PREVENTION 333,387 0 333.387 0 333,387 007000 AIDS SURVEILLANCB 0 0 0 0 0 007000 BIOTERRORISM HOSPITAL PREPAREDNESS 28,763 0 28,763 0 28.763 007000 CHILDHOOD LEAD POISONMG PREVENTION 0 0 0 0 0 007000 COASTAL BEACH MONITORING PROGRAM 3,992 0 3,992 0 3,992 007000 TUBERCULOSIS CONTROL -FEDERAL GRANT 64.640 0 64 640 0 64.640 007000 WIC ADMINISTRATION 1,766,498 0 , 1,766,498 0 1,766,498 007000 WIC BREASTFEEDMG PEER COUNSELMG 63,432 0 63,432 0 63,432 007000 STD FEDERAL GRANT- CSPS 31,074 0 S 1,074 0 S 1,074 007000 STD PROGRAM - PHYSICLAN TRAMMG CENTER 0 0 0 0 0 007000 STD PROGRAM -PHYSICIANS TRAMING CENTER 0 0 0 0 0 007000 STD PROGRAM INFERTILITY PREVENTION PROJEGT(LPP) 0 0 0 0 0 007000 SYPHILIS ELIMMATION 0 0 0 0 0 007000 TITLE X MALE PROJECT 0 0 0 0 0 007000 RYAN WHITE 73.332 0 73,332 0 73,332 007000 RYAN WHITE - EMERGMG COMMUNITIES 112,243 0 112,243 0 l 12,243 007000 RYAN WHITE PART B SUPPLEMENTAL 79,727 0 79,727 0 79.727 007000 RYAN WHR6AIDS DRUG ASSIST PROG•ADMIN 78,332 0 78,332 0 78,332 007000 RYAN WHITBCONSORTIA 0 0 O 0 0 007000 STATE RJDOOR RADON GRANT 0 0 0 0 0 007000 NATIONAL COMPREHENSIVE CANCER CONTROL PROGRAM 0 0 0 0 0 007000 ORAL HEALTH WORKFORCE ACTTVITiE3 0 0 0 0 0 007000 ORAL HEALTH WORKFORCE ACTIVRIES2010-2011 0 O O 0 0 007000 PHP -CRIES READRVES9 MITiATIVB 0 0 0 0 0 007000 PUBLIC HEALTH PREPAREDNESS BASE 482.774 0 482,774 0 482.774 007000 PUBLIC HLTH EMERG RESPONSE FOCUS AREAS 31,130 0 31,130 0 31, I SO 007000 IMMUNIZATION FIELD STAFF EXPENSE 0 0 O 0 0 007000 IMMUNIZATION SUPPLEMENTAL 0 0 0 0 0 007000 IMMUNIZATION WIGLINKAGE3 0 0 0 0 0 007000 IMMUNIZATIOI~FWIC LMKAGES 0 0 0 0 0 007000 MCH BGTF-0ADSDEN SCHOOL CLINIC 0 0 0 0 0 007000 MCH BGTF-HEALTHY START IPO 0 0 O 0 O C 007000 FGTF/FAMILY PLANNINaTITLE X 80, 138 0 80,138 0 80, 138 007000 FGTF/IMMUNIZATION ACTION PLAN 32,634 0 32,634 0 32,634 007000 HEALTH PROGRAM FOR REFUGEES 0 0 0 0 0 007000 HEALTHY PEOPLE HEALTHY COMMUNITIES 23,341 0 23,341 0 23,341 Version: 4 pa~7 2. NON GENERAL RSVENUid - STATifE 3. FEDERAL FUNDS - Sbb 007000 HIV HOUSING FOR PEOPLE LIVMG WITH AIDS 007000 HIV MCIDENCE SURVEILLANCE 007000 COLORECTAL CANCER SCREENIN02009-IO 007000 DIABETES PRBVENTION 3 CONTROL PROGRAM 007000 FAMILY PLANNMG• TITLE X 007000 FGTF/AIDS MORBIDITY 007000 FGTF/BREAST A CERVICAL CANCEIi<ADMMlCASB MAN 007000 FGTF/FAMILY PLANNING TITLE X SPECIAL MITiATIVE3 0(3009 MEDIPASS WAIVERrHLTHY STRT CLIENT SERVICES OIS009 MEDIPAS3 WAIVER-SOBRA 013073 SCHOOL HEALTWSUPPLEMENTAL 007033 ARRA Federal GnuU- Schedule C 013073 inspectioro of Summer Feedln~ Propem 0 0 0 0 0 0 0 0 0 0 0 11,373 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ! 1,373 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11,373 0 FEDERAL FUNDS TOTAL 3,586,272 0 3,586,272 0 3,386,272 1. FEES ASSESSED BY STATE OR FEDERAL RULES -STATE 001020 TANNMG FACILITIES 001020 BODY PIERCMG 1020 MIGRANTHOUSMGPERMIT 1020 MOBILE HOME AND PARKS 001020 FOOD HYGIENE PERMIT OOIOZO BIOHAZARD WASTE PERMIT 001020 PRIVATE WATER CONSTR PERMIT 001020 PUBLIC WATER ANNUAL OPER PERMIT 001020 PUBWC WATER CONSTR PERMIT 001020. NONti4DWA SYSTEM PERMIT 001020 SAFE DRMKMG WATER 001020 SWIMINMGPOOLS 001092 OSDS PERMIT FEE 001092 I A M ZONED OPERATMG PERMIT 001092 AEROBIC OPERATMG PERMIT 001042 SEPTIC TANK SITE EVALUATION 001092 NON 3DWA LAB SAMPLE 001092 OSDS VARIANCE FEB 001092 ENVIRONMENTAL HEALTH FEES 001092 OSDS REPAIR PERMIT 001170 LAB FEE CHEMICAL ANALYSIS 001170 WATER ANALYSISPOTABLE 001170 NONPOTABLE WATER ANALYSIS 010304 MQA MSPECTiON FEB 001206 Central OBia Surcher8e 4.400 0 ISO 30,000 39,700 22,000 30,000 83.000 0 0 0 15.000 0 O 0 0 0 0 37,450 0 0 0 0 0 0 0 4,400 0 0 0 130 0 30,000 0 39,700 0 22,000 0 50,000 0 83,000 0 0 0 0 0 0 0 13,000 0 0 0 0 0 0 0 0 0 0 0 0 0 37,430 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4,400 0 !30 30.000 39,700 22,000 SO,OOQ 83,000 0 0 0 IS.000 0 0 O 0 O 0 37,450 0 0 0 0 0 0 FEES ASSESSED HY STATE OR FEDERAL RULES TOTAL ER CASN CONTRIBUTIONS -STATE 303,700 0 303,700 0 303.700 010304 STATIONARY POLLUTANT STORAGE TANKS 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT 186.174 0 0 186,174 0 0 0 0 186.174 0 OTHER CASH CONTRIBUTIONS TOTAL srsfon: 4 186.174 0 186,174 0 186,174 P e3nf7 t£ MEDICAID - STATE/COUNTY 001036 MEDICAID PHARMACY 001076 MEDICAID TB 001078 MEDICAID ADMMiSTRATION OF VACCMfi 001079 MEDICAID CASfi MANAGEMENT 001081 MEDICAID CHILD HEALTH CHECK UP 001082 MEDICAID DENTAL 001083 MEDICAID FAMILY PLANNING 001087 MEDICAID STD 001089 MEDICAID AIDS 001147 Medicaid HMO Capitation 001191 MEDICAID MATERNITY 001192 MEDICAID COMPREHENSIVE CHILD 001193 MEDICAID COMPREHENSIVE ADULT 001194 MEDICAID LABORATORY 001208 MEDIPASS 19.00 ADM FEB OOIOS9 Medicaid Low Income Pool 001031 Emeryency Medicaid 001038 Medicaid -Behavioral Health 001071 Medicaid - Orthopedic 001 On Medicaid - Dermatolo8y 001073 Medicaid -School Health Certified Mstch 001069 Medicaid - RetirBee Health 001033 Medicaid - HwpiW 001141 Medicaid HMO Non~apitation 001074 Medicaid -Newborn 3creenina MEDICAID TOTAL 1,7 7. ALLOCABLE REVENUE -STATE 018000 REFUNDS 037000 PRIOR YEAR WARRANT 038000 12 MONTH OLD WARRANT ALLOCABLE REVENUE TOTAL 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND -STATE PHARMACY SERVICES LABORATORY SERVICES TB SERVICES IMMUNIZATION SERVICES STD SERVICES CONSTRUCTION/RENOVATION WIC FOOD ADAP DENTAL SERVICES OTHER (SPECIFY) OTHER (SPECIFY) OTHER STATE CONTRIBUTIONS TOTAL Version: 4 0 0 0 0 0 0 0 0 0 0 13,230 13.230 26,300 0 26,300 2,100 2,100 4,200 0 1,200 0 0 0 0 0 809.989 1,2%,067 2,106,036 0 2,106.036 46.330 418,930 463,300 0 463,300 0 0 p 0 0 123,457 197,343 321,ppp 0 321.000 0 0 0 0 0 2%,192 473,939 770,131 0 770,131 273,010 436,844 7pq,834 0 709,834 133,737 249,227 404,984 0 404,984 0 0 p 0 0 23,000 23,000 50,000 0 50,000 0 0 p 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 43,303 3,112,920 4,838,22) 0 4,838,223 0 0 0 0 0 0 p p p 0 0 0 p p 0 0 0 p 0 0 0 0 0 72,762 n,762 0 0 0 129,028 129,028 0 p p p 0 0 0 0 240,884 240,884 0 p p p 0 0 p p p 0 0 0 0 3,933,772 3,933,7n 0 0 0 1,331,664 1,331,664 0 0 p p 0 ~~.. 0 0 p p 0 0 0 p p 0 0 0 p 7,908,110 7,908.110 P -of7 008030 Contribution flnm Health Caro Tax 0 0 008034 BCC Contribution Aron General Fund 0 723 801 0 0 0 , 723,801 0 723,801 DIRECT COUNTY CONTRIBUTION TOTAL 0 723,801 723,801 0 723,801 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION -COUNTY 001060 VITAL STATISTICS FEES AND SER 0 4 500 001077 RABIES VACCINB 0 , 4,500 0 4,500 001077 CHILD CAR SEAT PROG 0 0 0 0 0 0 001077 PERSONAL HEALTH FEES 0 553 893 0 0 0 001077 AIDS CO-PAYS 0 , 553,893 0 533,893 001094 ADULT ENTER PERMIT FEES 0 0 0 0 0 0 X1094 LOCAL ORDNANCE FEES 0 109 300 0 0 0 001114 NEW BIRTH CERTIFICATES 0 , 109,300 0 109,300 001 I 1 S ViW Stati:<ip -Death Certificate 0 81,000 81,000 0 81,000 001 117 VITAL STATSADM. FEE SO CENTS 0 240,900 240,900 0 .240,900 001073 Co-Pay fbr the AIDS Care Program 0 3,600 3,600 0 3,600 001023 Client Revenue fMm GRC 0 0 0 0 0 0 001040 Cell Phone Administrative Fee 0 0 0 0 0 0 0 0 AUTHORIZED BY COUNTY TOTAL 0 993 193 , 993,193 0 993,193 11. OTHER CASH AND LOCAL CONTRIBUTIONS -COUNTY 001009 RETURNED CHECK ITEM 0 0 00!029 THIRD PARTY REIMBURSEMENT 0 0 0 0 0 001029 HEALTH MAINTENANCE ORGAN (HMO) 0 0 0 0 0 OOlOS4 MEDICARE PART D 0 0 0 0 0 001077 RYAN WHITE TITLE li 0 0 0 0 0 001090 MEDICARE PART B 0 0 0 0 0 001190 Health Maintenance Orpnization 0 0 0 0 0 005040 INTEREST EARNED 0 0 0 0 0 003041 INTEREST EARNEp.S7-ATE INVESTMENT ACCOUNT 0 19 383 0 0 0 007010 U.S. GRAMS DIRECT 0 , I9,58S 0 19,383 008010 Contribution Aram City Government 0 0 0 0 0 0 008020 Contribution Flom Health Care Tax not thru BCC 0 0 0 0 0 008050 School Bond Contribution 0 0 0 0 0 008060 Spcciai Project Contribution 0 0 0 0 0 010300 SALE OF QOOD9 AND SERVICES TO STATE AGENCIES 0 3 800 0 0 0 010301 EXP WITNESS FEB CONSULTM CHARGES 0 , 3,800 0 3,800 01040! 3ALB OF PHARMACEUTICALS 0 0 0 0 0 0 010409 SALE OF GOODS OUTSIDE STATE GOVERNMEM 0 0 0 0 0 011001 HEALTHY START COALITION CONTRIBUTIONS 0 592 322 0 0 0 011007 CASH DONATIONS PRIVATE 0 , 392,322 0 392,322 012020 FMES AND FORFEITURES 0 0 0 0 0 0 I RETURN CHECK CHARGB 0 0 0 0 0 0 INSURANCE RECOVERIE3-0THER 0 0 0 0 0 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 0 0 0 0 Ol 1000 GRAM DIRECT NOVA UNIVERSITY CHD TRAINING 0 0 0 0 0 011000 GRAM-DIRECT 0 0 844 883 0 0 , 8 44,883 0 844,883 ersion: 4 Pa_ of 7 9. DIRECT LOCAL CONTRIBUTIONS -COUNTY 11. OTHER CASH AND LOCAL CONTRIBUTIONS -COUNTY 011000 GRANT DIRECT~OUNTY HEALTH DEPARTMENT DIRECT SERVICES OI 1000 DIRECT ARROW 011000 GRANT DIRECT OI1000 GRANT-DIRECT 011000 GRANT DIRECT'-QUANTUM DENTAL 011000 GRANT DIRECT HEALTH CARE DISTRICT' PAHOKEE 011000 GRANT DIRECT 011000 GRANT-DIRECt 011000 GRANT-DIRECT 011000 GRANT-DIRECT 011000 GRANT DIRECT Ol 1000 GRANT DIRECT'-ARROW 010402 .Recycled Material Sala 010303 FDLE FinBerpdnNn~ 007030 ARRA Federal Gnmt 001010 Recovery of Bad Checlu- 008063 FCO Contribution Ol 1006 Restricted Cash Donation . 028000 Insurance Reooveria 001033 CMS ManaBemeM Fee - PMPMPC 010400 Sale of Goods Outside State Government OI OS00 RetbRce Health 005043 Interest Earned-Third Party Provider 003043 Interest EanKbContract/Grant 010306 DOH/DOC Inten`ency Agreement 008040 HCC Orant/Contract 011002 ARRA Federal Gnmt-Snb-Recipient OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL T2. ALLOCABLE REVENUE -COUNTY 018000 REFUNDS 0 037000 PRIOR YEAR WARRANT 0 038000 12 MONTH OLD WARRANT 0 COUNTY ALLOCABLE REVENUE TOTAL 0 13. BUILDINGS -COUNTY ANNUAL RENTAL EQUIVALENT VALUE 0 GROUNDS MAINTENANCE 0 OTHER (SPECIFY) 0 INSURANCE 0 UTILITIES 0 OTHER (SPECIFY) 0 BUILDMG MAMTENANCE 0 BUILDINGS TOTAL 0 14. OTHER COUNTY CONTRIBUTIONS NOT 1N CHD TRUST FUND -COUNTY EQUIPMENTNEHTCLEPORCHASES 0 Version: 4 0 0 0 0 0 0 0 p 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,460,590 1.460,590 0 1,460,390 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 720,000 720,000 0 0 0 0 0 0 0 0 0 0 0 0 0 p p 0 0 0 0 0 0 0 75,000 73,0004 0 0 795,000 793,000 0 0 0 0 0 0 0 0 0 Pa of,,7 14. OTHER COUNTY CONTRIHUTION9 NOT IIY CHD TRUST FUND -COUNTY VEHICLE RVSURANCE 0 VEHICLE MAIM'ENANCB 0 OTHER COUNTY CONTRIBUTION (SPECIFIC 0 OTHER COUNTY CONTRIBUTION(SPECiFI~ 0 OTHER COUNTY CONTRIBUTIONS TOTAL 0 GRAND TOTAL CHD PROGRAM 9,136,679 arsfon: 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 6.290,504 13,447,1x3 8,703,110 24,130,293 e_l~ _s A. COMMUNICABLE DISEASE CONTROL: IMMUNIZATION(l01) 11.10 5,060 13,000 135,000 169,666 133,000 169,667 232,903 416,428 649,333 STD(102) 10.91 900 3,050 142,000 183,723 142,000 183,724 79,921 371,326 651,447 A.I.D.S. (103) 28.83 170 4,700 393,000 633,942 593,000 633,942 1,624,881 833,003 2,437,884 TB CONTROL SERVICES(104) 5.10 633 3,163 63,000 83,437 63,000 83,438 136,773 164,142 300,915 COMM. DISEASE SURV. (106) 3.24 0 3,100 70,000 83.437 70,000 83,437 190,000 116,874 306,874 HEPATrr13 PREVENTION(109) 0.01 8 12 123 173 123 173 0 600 600 PUBLIC HEALTH PREP AND RESP(1 I6) 13.88 0 803 378.000 393,946 378,000 393,945 837,168 710,723 1,347,891 VITAL STATISTiCS(180) 3.23 l 1,316 25,283 78,300 86,300 78,300 86,500 0 330,000 330,000 COMMUNICABLE DISEASE SUBTOTAL 78.37 18,309 55,113 1,483,623 1,638,846 1,483,625 1,638.848 3,101,648 3,143,296 6,244,9M B. PRIMARY CARE: CHRONIC DISEASE SERVICE$(2l0) 1.07 50,381 338 23,000 23,379 23,000 23,379 23,341 71,217 96,738 TOBACCO PREVENTION(2I2) 1.68 0 1,113 67,800 72,181 67,800 72,181 279,962 0 279,962 W.I.C. (221) 33.23 14,270 131,033 430,000 463,963 430,000 463,963 1,831,930 0 1,831,930 FAMILY PLANNING(223) 7.93 3,219 14,332 120,000 127,389 120,000 127,390 220,326 274,453 494.779 IMPROVED PREGNANCYOUTCOME(223) 7.83 1,489 9,603 120,300 125,692 120,500 125,692 296,192 196,192 492,384 HEALTHY START PRENATAL(Z27) 4.20 2,336 28,823 76,800 81,883 76,800 81,883 0 317,366 317,3 COMPREHENSIVE CHILD HEALTH(229) 9.66 1,013 6,423 181,300 183,623 181,300 183,623 730,230 0 730,2 HEALTHY START INFANT(231) 3.07 1,316 13,946 4!,000 44,391 41,000 44,390 0 170,781 170,781 SCHOOL HEALTH(234) 12.77 0 469,244 233,300 232,906 233,300 232,907 232,897 683,916 936,813 COMPREHENSiVB ADULT HEALTH(237) 16.83 3,069 14,066 300,000 308,496 300,000 308,493 630,000 566,991 1,216,991 DENTAL HEALTH(240) 6.11 4,500 40,631 424,300 427,704 424,300 427,703 838,113 866,292 1,704,407 PRIMARY CARE SUBTOTAL 104.42 82,013 731,820 2,040,600 2,093,61 12,040,600 2,093,610 3,125,213 3,147,208 8,272,421 C. ENVIRONMENTAL HEALTH: Water and Oralb Sarwga Programs COASTAL BEACH MONITORM(I(347) 0.20 316 322 3,000 3,409 3,000 3,409 12,818 0 12,818 LIMITED USE PUBLIC WATER SYSTEMS(337) 2.00 433 3,379 37,500 40,466 37,300 40,467 133.933 0 133,933 PUBLIC WATERSYSTEM(338) 0.00 0 0 0 0 0 0 0 0 0 PRIVATE WATER SY37'EM(339) 2.27 990 2.102 36,730 38,391 36,730 38,391 130,682 0 130,682 INDIVIDUAL SEWAGE DISP. (361) 2.66 602 1,478 46.773 48,886 46,775 48,883 191.321 0 191,321 Group Total 7.13 2,361 9,481 124,023 131,332 124,023 131,332 3!0,734 0 310,734 Faellllp Programs FOOD HYGIENE (348) 1.01 188 849 16,500 18,626 16,500 18,627 70,233 0 70.233 BODY ART (349) 0.00 0 0 0 0 0 0 0 0 0 GROUP CARE FAC1Lrnr(331) 1.01 310 321 16,500 18,440 16,500 18,440 69,880 0 69,880 MIGRANT LABOR CAMP(332) 0.00 0 0 0 0 0 0 0 0 0 HOUSINO,PUBLIC BLDO SAFETY,SANITATiON(3Sl)00 0 0 0 0 0 0 0 0 0 MOBILE HOME AND PARKS SERVICES(3S4) 0.23 40 1 l2 3,130 3,371 3,130 3,371 13,042 0 13,042 SWIMMINOPOOLS!BATHING(360) 0.70 401 1,610 12,730 14,374 12,730 14,374 34,648 0 34,64 BIOMEDICAL WASTE SERVICES(364) 0.41 214 306 2,370 2,814 2,370 2,813 10,767 0 10,76' TANNING FACILITY SERVICES(369) 0.07 16 48 973 1,221 973 1,225 4,400 0 4,400 Group Total 3.43 1,169 3,446 52,443 59,030 52,443 39,030 122,990 0 222,990 Version: 1 Pac '~f 2 ~r C. ENVIRONMENTAL HEALTH: _~~ Oroundw~br Conhmleatlon STORAOB TANK COMPLIANCE(333) 2.46 369 869 44,300 48,387 44,300 48,587 186.174 SUPER ACT SERVICE (336) 0.31 60 191 2,230 2,700 2,230 2,700 9,900 Group Tobl 2.77 429 1,060 46,730 31,287 46,730 51,287 t%,074 Communiy- Hl-plon~ OCCUPATIONAL HEALTH(344) 0.00 0 0 0 0 0 0 0 CONSUMER PRODUCT SAFETY (343) 0.00 0 0 0 0 0 0 0 INJURY PREVENTION (346) 0.00 0 0 0 0 0 0 0 LEAD MONITORM(1 SERVICES(330) 0.00 0 0 0 0 0 0 0 PUBLICSEWAGE(362) 0.00 0 0 0 0 0 0 0 SOLID WASTE DISPOSAL(363) 0.00 0 0 0 0 0 0 0 SANITARY NUISANCE (363) 0.00 0 0 0 0 0 0 0 RABIES 3URVEILLANCE~CONTROL SERVICES (36800 0 0 0 0 0 0 0 ARBOVIRUS SURVEILLANCE(367) 0.00 0 0 0 0 0 0 0 RODENT/ARTHROPOD CONTROL (368) 0.00 0 0 0 0 0 0 0 WATER POLLUTION(370) 0.00 0 0 0 0 0 0 0 AIR POLLUTION(37l) 0.00 0 0 0 0 0 0 0 BIOLOGICAL HEALTH(372) 0.00 0 0 0 0 0 0 0 TOXIC SUBSTANCES (373) 0.00 0 0 0 0 0 0 0 Group Tohl 0.00 0 0 0 0 0 0 0 ENVIRONMENTAL HEALTH SUBTOTAL 13.33 3,939 13,987 223,220 241,689 223,220 241,689 929,818 D. SPECIAL CONTRACTS: 0 186.174 0 9,900 0 1 %,074 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 929,818 SPECIAL CONTRACTS (399) 0.00 0 0 0 0 0 0 0 0 0 SPECIAL CONTRACTS SUBTOTAL 0•~ 0 0 0 0 0 0 0 0 0 TOTAL CONTRACT 1%.12 104,281 800.922 3,747,443 3,976,146 3,747,443 3,976,147 9,136,679 6,290,304 13,447,183 3rSlOf1: ~ Q A ~ ATTACHMENT III gt. Lucie COUNTY HEALTH DEPARTMENT CML RI~3HT3 CERTIFICATE The applicant provides this assurance in consideratbn of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discount, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Right Compliance ~ueationnaire, DH Forms 948 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the department The applicant assures that it will comply with: 1. Title VI of the Civil Righb Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistants. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibit discrimination on the basis of handicap in programs and activvities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendment of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibib discrimination on the basis of sex in education programs and actlvitfes receNing or benefiting from federal financial assistance. 1 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 8101 et seq., which prohibib discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. (~ 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibib discriminatlon on the basis "~ of sex and religion in programs and actlvifles receNing or benefiting from federal financial assistance. 8. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that ft is binding upon the applicant, ib successoro, transferees, and assignees for the period during which such assisbnce is provided. The applicant further assures that all contract, subcontractors, subgrantees or othero with whom it arranges to provide services or benefits to participant or employees in connection with any of ib programs and activities aro not discriminating against those participant or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failuro to comply, the applicant understands that the grantor may, at it discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriab Judk:Ial or adminiatrathrs relief, to include assistance being terminated and further assistance being denied. 22 d~ ATTACHMENT IV St Lucie COUNTY HEALTH DEPARTMENT FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT Facility Descnction L_~catiog p~y_ St. Lucie County Health 714 Ave. C St. Lucie County Department Clinic Ft. Pierce, FL 34952 St. Lucie County Health Department Admire St. Lucie County Health HIV Clinic ~3t. Lucie County Health WIC/Dental Clinic 5150 NW Milner Dr. St. Lucie County Port St. Lucie, FL 34983 706 N 7th Street Gerald Pierone, M.D. Ft. Pierce, FL 34950 531 NW Lake Whitney P1 C&W South Port St. Lucie, FL 34986 Investments, LLC 23 ATTACHMENT V St Lucy COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN IDENTIFY THE AMOUNT OF CASH THAT IS ANTICIPATED TO BE SET ASIDE ANNUALLY FOR THE PROJECT. CONTRACT YEAR 2008-2009 zoo9-2010 2o1a2o11 2011-2012 2012-2013 PROJECT TOTAL STATE s s s s s a - TOTAL s s - s - s - s - s - s s s s s s - SPECIAL PROJECT CONSTRUCTION/RENOVATION PLAN PROJECT NAME: LOCATION/ ADDRESS: PROJECT TYPE: NEW BUILDING ROOFING RENOVATION PLANNING STUDY NEW ADDITION OTHER SQUARE FOOTAGE: PROJECT SUMMARY: Desc~lbe scope of work /n reasonable detail. ESTIMATED PROJECT INFORMATION: START DATE (mre-r sxpenaPtuh W Ibndsl COMPLETION DATE: DESIGN FEES: CONSTRUCTION COSTS: FURNITUREIEQUIPMENT TOTAL PROJECT COST: COST PER SD FOOT: s s s s - i #DN/Ot Special Capital Project an new construction or ronovatlon project and new furniture or equipment associated with these projects and mobile health vans. 24 ~~ ATTACHMENT VI StSt~ COUNTY HEALTH DEPARTMENT PRIMARY CARE "Primary Caro" as conceptualized for the county health departments and for the use of categorical Primary Caro funds (revenue object cods 015040) is defined as: "Hea/th care services far the prevention or treatment of acute or chronk medical conditions or minor injuries of individua/s which is provided in a clink setting and may include family p/arming and maternity care." Indicate below the county health department programs that will be supported at least in part with categorical Primary Care funds this contract year: X Comprehensive Child Health (229/29) X Comprehensive Adun Health (237/37) Family Planning (223/23) Maternal Health/IPO (225/25) X Laboratory (242/42) X Pharmacy (241/93) Other Medical Treatment Program (please identify) Describe the target population to be served with categorical Primary Care funds. St Lucie CHD's target population is the uninsurod and medically indigent population. Does the health department intend to contract with other providers for the delivery of primary health care services using categorical (015040) Primary Caro funds? If so, please identify the provider(s), describe the services to be delivered, and list the anticipated contractual amount by provider. In addition, contract providers are required to provide data on patients served and the services provided so that the patients may be registered and the service data entered into HMS. NO 25 DEPARTMENT OF HEALTH BUREAU OF BUDGET MANAGEMENT 2010•Z011 CHD CORE CONTRACT REVIEW Dante 1 ni 1 - TItN X Cam IPO 307!! 1 8C08T Rw ~No 8ahool Hwllh-Tobkoo TF 013010 142 797 142,787 BCFIT Rw FuA 8~rvle~ 8olaol~Tobaooo TF 013010 110100 110,100 8CH8P Rw Ful8orvko 8ohool~Tobscoo TF e~!se~e SCAN CANN 8 007000 007000 - - - - .._. ~. .«~~ viavw 17 DNBPJ Rw ~~nfal3e~eW InW.Nu. D...t~..~. _.__._ ~_~ Page 2 of 3 8,924 ~~ ~~ 470-! ~~ ~~ 184,194 142,797 110,100 184,194 17.907 +. .'. DEPARTMENT OF HEALTH BUREAU OF BUDGET MANAGEMENT o___ ~ _~ 2010-2011 CHD CORE CONTRACT REVIEW ~ ~ r • ~ L III '' ~' h- ~ ~ ~o >~ ~~ ~., . ,,.~ ~~ ,~~~ ~ ~ ~ ~~,., ~ ~ ~ ~ ~~ ~ 1' ~~ S~ O 4 r 7 a ::J 0 •. ,~. 0 C a '4 0 7 ,, , . ~e ~a~a~s~sr~~a~a~a~a~~ ~~~~~~~~~ ~ ~~~ ~~~~~ ~~ ~ ~ ~ ~ :r tj ~ ~ ~. J ~ ~ ~ ~ Q s '=~~ ,' $~~ •'.1 ~~ .,~~: y:.~ ;.?: ~! ~ ~ a ~ 9 ~ a ~ 9 ~ a ~ a ~ a ~ a ~ a ~ a ~ a ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 'eft ~ ~ ! a ~ Q Oc ~_D r ~i a a ~i ~I ICI I I~FI I€I I~ I~I~ i Iii I~ I~~I~I~I~ F~ .. ~. , '4 0 3 P ~ ~ ~sr W. .': ,r l i l 1 1 1 i i s t i l l 1 1 1 1 i i i t i t l i t $ g 8 8 ~ ~ ~ ~ A iV ~ ~ ~ ~ iV ~ iV iV ~ ~ ~ ~ A ~ A ~{ ~ A A is •r 8 ~ ~ $ ~ 67 $ ~ ~ Ci $ ~ ~ it ~ $ ~ ~ c~ S s Ci ~ $ s cg FF,, O F ~ F ~ F za F ~ O 8' O F ~ F ~ SF O F ~ ja F,' F O ~ ja F O F ~ 8 F O F F ~ ~ F ~ F ~ F ~ F ~ Sa F F O ~ F ~ ja O F O - sG O sO O p~ O s~ s~ O O s7 O SO O S~ O SO O s~ O s~ s~ O O s~ O S~ O SO O ~ sO S O O S s~ O SO O SO O sO s~ O O S~ O s~ C ~s O e t ' ' t ' t ' t ' t ' ' ts ' es ' ts ~ ~ ~ 8 ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~ S id ~~ $ ~ ~ :. "• ~~" '•^ ' ~ g ~ ~ g b '41N; 6` .: f ~ 9 ~ ~ s ~ `~ _ ~,'~" ~ d w ~ ~ ~ ~ ~ ~ g Y a ~ 3~~~3~ g Y ~ `~ ' !y ; 9 w w w ~ ~ ~ g ~ ~ ~ 9 9 ~ b y / p ~ 4 ~ 9 i ~ ~' y i 9 3~ ~ ~~ Q~ ~ r J i ~ of ~ u d ~ ~ a J r: / J .~ ~ i a J o .~ ~ J O O '4 .. 0 m r 8 ~ ~ 1 a ~4 .. 0 3 L~, COUNTY HEALTH DEPARTMENT 2010-2011 CORE CONTRACT RlVIEW CHECK LIST couNrY: ~ Lucia -se Chadr wMa Psgie Rererenca t• X Verily that three original contracts were submitted. t. ~ Detertnlne It there were charges bo contract Yefv Mahe PDF Ale and snail m CHD UnR Coordinator. X No: Proceed with review. I. X p~ 1 Verify that the aouMir name Is entered In the various requked Aelds. In sectlon 4.a.1., verify that the amount egwis the Sd:cduk c total for General Revenue, Other i• x ~ 2 Ststa funds and Federal Funds. p~ 2 R In section 4.a.U., verily that tM amount equals the Board of County Commissioners Annual ~. X page 16 APProPrlated Amount (Attachment II, Part II, Sectlorr 9). ~• X p~ 3 In section 4.e., verMy that the county name and address t3 entered. X p~ 4 In section fi.d., verMy that tM county name 0 entered. In section 9.b., verify that the State and County contras manager information Is entered In the ~ B respectlve fkWs X . ~ 9 In the top paragraph, verlry that the number of contract pages (contract doament and X attachments is entered and correct. I. X page 9 Verify that the county name for the BOCC b entered. Verify that the CHD provided the required signatures from the Board of County Commisslonera, p~ g tiw WKr:ess ("Attested To'~, and the CHD Olrecbor/AdminlstraEor In the respedMa Aelds. X i It tflra Board of County Commisslonara raaulraa DOH tDo clan Arai X Page 10 • VerHy that the county name is entered at the top of the page. X Page 12 Attachment II. Part is Verify that the county name In entered at the bop of the page. Page 12 Verify that the sedbrr i. - CHD Trust Fund Ending Balance 9/30/10 Total is within 1096 of the X FIRS Spendlrg Plan pro~cded cash balance for September of the corresponding year. Pages 12 a Verly that the section 2. -Draw down for Contrail Year amount recorded in the Estln:a 15 s hare column equals the amount Indkated on the Attachment II, Part II, Draw down from Publk X H ealth UnR Ilse. A Pages 12 & V ttachmenk II. Part I• erify that the sectlon 2. -Draw down for Contrail Year amount recorded In the Estimated 17 S ~LnOt share column equals the amount Indkated Attachment II, Part II, Draw down from Publ v H ealth Unit Ilne. 12 13 14. 15. 16.1 ~7 COUNTY: 9G Ludy -SA COUNTY NEALTH DEPARTMENT 2010-2011 COR! CONTRACT REVIEW CHECK LIST ~> - RIDA DlARI'11D~1P OA ~~ Charlie Crist Ana M. Viamonte Ros, M.D., M.P.H. Governor State Surgeon Grneral ^ I certify that the following changes have been made to the 2010-2011 Core Contract document and attachments by the County Health Department as follows: INTEROFFICE MEMORANDUM DATE: 9/15/10 TO: Gary Mahoney, Director Division of Administration FROM: Administrator/Director St. Lucia County Health Department SUBJECT: Core Contract Certification INFORMATION ONLY X I certify that no changes have been made to the 2010-2011 Core Contract document or attachments by the St Lucie County Health Department. Pa • Para rah Document Chan e• State exact chan es to /an ua a or new /an ua e. exact changes to language or ~ - p _ (Administrator/Din9ctor) Dat• i (,. XXX County Health Department. Address • City, State Zip Code ITEM NO. VI-E'4 ~ J DATE: 10/12/1 ' 0 • ~ . ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parrish SUBMITTED BY: Housing and Community Services/Housing Housing Man ger SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Modification BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001113-5420-331510-500 2005 CDBG DRI PREVIOUS ACTION: September 11, 2007 -Approved grant application submission. February 26, 2008 -Approved grant agreement. September 2, 2008 -Approved Modification Number One. June 9, 2009 -Approved Modification Number Two. July 14, 2009 -Approved Modification Number Three. January 12, 2010 -Approved Modification Number Four. RECOMMENDATION: Board approval of Modification Five to the CDBG DRI grant, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (jQ APPROVED ( ) ( ) OTHER Approved 5.0 DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sig natures County Attorney ( ) Daniel S. McIntyre OMB Director ( ) Budget Analyst Marie Gouin Sophia Holt Originating Dept. ( ) Beth yder Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director~~ FROM: Jessica Parrish, Housing Manage DATE: October 12, 2010 SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Modification ITEM NO. VI-E7 Background: The Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Grant is a federal program that provides funding for low-income residents located in communities that have been affected by a natural disaster. Congress appropriates additional funding for the CDBG program as Disaster Recovery grants to rebuild affected areas and provide money to start the recovery process. Funds of $4,501,561.79 were allocated in response to Hurricane Wilma. Modification Number Five will extend the contract agreement with the Department of Community Affairs (DCA) completion date to January 12, 2011. Attached is the modification document provided by the DCA. The second shaded bullet will be revised. Recommendation Board approval of Modification Five to the CDBG DRI grant, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Modification Five MODIFICATION NUMBER 5 TO GRANT AGREEMENT BETWEEN THE DEPARTMENT OF COMNii1NITY AFFAIRS AND ST. LUCIE COUNTY This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, (the Department"), and St. Lucie County, (the Recipient"), to modify DCA Contract Number O8DB-D3-10-66-O1-A05, award dated Mav 14, 2008 , ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a grant of $ 4,501,561.79 to Recipient under the Small Cities Community Development Block Grant ("CDBG") Program as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: o Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. • Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of January 12, 2011. o Revise Activity Work Plan 3. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. o Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. Modification # 5 DCA Contract Number: 08DB-D3-10-66-01-A05 Recipient: St. Lucie Countv Page 2 o Change in Participating Parties 5. The Attachment G, Special Conditions section, is hereby modified to delete all references to " ," as the Participating Party, and replace them with " " as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. o Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. 7. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. o Change in Number of Accomplishments and/or Beneficiaries 8. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. Modification # 5 DCA Contract Number: 08DB-D3-10-66-O1-A05 Recipient: St. Lucie County Page 3 IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Community Affairs By: Name: Janice Browning Title: Duector, Division of Housing and Community Development Date: Recipient Name: St. Lucie County By: Name: Charles Grande Title: Chairman Date: r ITEM NO. VI-E5 DATE: 10/12/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASf~JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parrish SUBMITTED BY: Housing and Community Services/Housing Housing Manager SUBJECT: Change Order, 8504 Paso Robles BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001512-5420-549605-500 Neighborhood Stabilization Program PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Change Order One to C10-07-299, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER G~~ Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination/Signatures County Attorney ( ) ~~ OMB Director ( ) Budget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) ~ Central Services ( ) Beth Ryder Don McLam y ~~~~L~=_ COUNTY ~`` F L O R I D A -- Housing and Community Services MEMORANDUM TO: Board of County Commissiogqners THROUGH: Beth Ryder, Director(~(~' FROM: Jessica Parrish, Housing Manager DATE: October 12, 2010 SUBJECT: Change Order, 8504 Paso Robles ITEM NO. VI - E5 Background: On September 3, 2010, TLC Cleaning Restoration and Remodel submitted Change Order One. The need for additional items was discovered and is required to bring the home to a livable condition. Change order items include: • Remove carpet from patio, clean and paint floor, • Install electric range instead of a gas range; • Install new well pump and expansion tank; • Replace back door with a fiberglass door, • Repairs to laundry room; • Remove the and install new flooring; and • Time extension of four weeks to complete project. Once renovations are complete, this home will be transferred to Fort Pierce Housing Authority to manage as a rental property. Part of the Neighbofiood Stabilization Program requires 25°r6 set aside for affordable rental units. Recommendation Board approval of Change Order One to C10-07-299, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Change Order Request ~wc~-4/2010 CLEANING RESTORATION REMODEL St Lucie Change Order Address 8504 Paso Robles Total Additions 1 Remove carpet from patio, clean and remove glue, paint floor. $460.00 Install electric range instead of gas. Home has no gas 2 appliances $0.~ Install new well pump, expansion tank and prime well. make water operational, Remove water softener...Does Not include 3 water softener.... $470.00 Replace back door fiberglass door to match rest of house, to 4 include permitting $445.00 Laundry room-remove existing cabinetry, patch holes in walls. Install new washtub style sink with new faucet, p-trap, and 5 angle stops $420.00 Remove the in entry, dinning room, laundry room. Install matching the in entry, entry closet, dinning room, laundry room, hall, hall closet, spare bedroom, and spare bedroom closet Includes: Tile, grout, thinset or mastic, the use of a ceramic the saw, and installation labor. labor cost to remove ti the flooring and to discard in a job-site waste receptacle. $4,995.00 7 Deduct $1700 from line item 13. $200 left for cleaning floor _$1,700 00 Due to the time constraints and the additional work added by 8 this change order, we request an additional (4) weeks. $0.00 Sub total: $5,090.00 Overhead 10% $509.00 Profit 10% $509.00 Total $6,108.00 CBC # 125819' ~. ITEM NO. VI-E6 DATE: 10/12/10 TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parrish SUBMITTED BY: Housing and Community Services/Housing Housing Mana e SUBJECT: Change Order, 5300/5302 Sanibel BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001512-5420-549605-500 Neighborhood Stabilization Program PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Change Order One to C10-07-269, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. PUBLIC HEARING ( ) LEG. ( ) QUASI~ID ( ) CONSENT (X) COMMISSION ACTION: ~ APPROVED ( ) DENIED OTHER Approved 5.0 AGENDA REQUEST REGULAR ( ) CONCURRENCE: ~_~ Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) . ~jj' OMB Director ( ) /~~ Budget Analyst Daniel S. McIntyre Originating Dept. ( ) ~~~ Central Services ( ) Beth Ryder Marie Gouin Sophia Holt Don McLam Housing and ' - - ` =~ Community Services • • ~ MEMORANDUM TO: Board of County Commissioners THROUGH B h R ~~ : et yder, Directo FROM: Jessica Parrish, Housing Manager DATE: October 12, 2010 SUBJECT: Change Order, 5300/5302 Sanibel ITEM NO. VI - E6 Backs~round: On September 15, 2010, TLC Cleaning Restoration and Remodel submitted Change Order One. The need for additional items was discovered and is required to bring the home to a livable condition. Change order items include: • Troubleshoot septic system; • Install gutter system; • Install'r4 inch drains for water softener, • Install a 6x6 concrete slab around well head; • Resod disturbed areas; • Repair the air conditioner refrigerant line; • Time extension of four weeks. Once renovations are complete, this home will be transferred to Fort Pierce Housing Authority to manage as a rental property. Part of the Neighborhood Stabilization Program requires 25°~ set aside for affordable rental units. Recommendation Board approval of Change Order One to C10-07-269, as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Change Order Request ~. CLEANING RESTORATION REMODEL St Lucie Change Orders Address 5300/5302 Sanibel Total Locate septic system, and trouble-shoot drain-waste issue. Dig Trench, Install 12 feet of 4' PVC pipe to tie septic system to house. Pump tank to remove dirt and debris, Replace septic lid. 1 Un-earth drain field for health dept. inspection. $1,550.00 Install Gutter system on north end of building, to drain rain run- 2 off away from septic drain field, to county Health dept. specs. $275 00 Install 1/2 inch drains to end of yard for water-softener system. Move softener to outside of cage to meet County health 3 department specs. $325.00 Install 6 foot by 6 foot by 4 inch thick concrete slab around 4 well head to meet county health department specs. $570.00 Re-sod disturbed areas, throughout yard, not to exceed two 5 Pallets $300.00 6 locate and repair a/c refrigerant line $250.00 Approval from county, Permitting, Planning and execution of works will require an additional (4) weeks to be added to the 7 project timeline Sub total: $3,270.00 Overhead 10% $327.00 Profit 10% $327.00 Total $3,924.00 CBC # 125819 ~ouw-ry F C O R 1 D A AGENDA REQUEST ITEM NO. VI-F1 DATE: 10/12/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~ID ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Guy D. Medor SUBMITTED BY: Parks and Recreation Services Parks Manager -North Division SUBJECT: Permission to sell beer at the National Navy UDT SEAL XXV Muster at Pepper Park BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: The Board has approved this request for past UDT SEAL Muster events. RECOMMENDATION: Board approval of the National Navy UDT SEAL Museum's request to sell beer at the XXV Annual Muster to be held at Pepper Park on November 5 and 6, 2010. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: ~~ __~ Faye W. Outlaw, MPA County Administrator CoordinationlSignatures OMB County Attorney (X) ~.-~c os Budget Analyst ( ) Dani I McIntyre Originating Dept. (X) Purchasing ( ) Debra R. Brisson _. CO(.INTY ~. F L O R I D A Parks and Recreation Services MEMORANDUM TO: Board of County Commissioners THROUGH: Debra Brisson, Director FROM: Guy D. Medor, Parks Manager -North Division ~~~n DATE: October 12, 2010 SUBJECT: Permission to sell beer at the National Navy UDT SEAL XXV Muster at Pepper Park ITEM NO. VI-F1 Background: The National Navy UDT SEAL Museum hosts its annual Muster in honor of Veteran's Day. This year's Muster XXV will be held November 5 and 6, 2010 at Pepper Park. To raise funds for the Museum and cover costs for the event, the SEAL Museum sells beer and other beverages. Since the Museum is located on County property, the Executive Director of the SEAL Museum has requested permission to sell beer on November 5 and 6, 2010. Recommendation: Board approval of the National Navy UDT SEAL Museum's request to sell beer at the XXV Annual Muster to be held at Pepper Park on November 5 and 6, 2010. ~" ITEM NO. VI-F2 DATE: 10/12/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark DiMascio SUBMITTED BY: Parks and Recreation Services Division Manager SUBJECT: Waiver of Havert L. Fenn Center Facility Rental Fees for the 2010 Southern Kingfish Association Nationals BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to waive $3,765.00 in facility rental fees for the 2010 Southern Kingfish Association Nationals to be held at the Havert L. Fenn Center as outlined in the agenda memorandum. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: -~ _- ~ ~- Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney (X) '-~y .~-, psn Budget Analyst ( ) Daniel McIntyre Ori inating Dept. (X) /""'~ Purchasing ( ) 9 Debra R. Brisson ~~ - - _ _ _ COCtNTY II F L O R I D A ~~'' Parks and Recreation Services MEMORANDUM TO: Board of County Commissioners THROUGH: Debra Brisson, Director p~^r FROM: Mark DiMascio, Division Manager (~ ~ ~ M DATE: October 12, 2010 SUBJECT: Waiver of Havert L. Fenn Center Facility Rental Fees for the 2010 Southern Kingfish Association Nationals ITEM NO. VI-F2 Background: The Southern Kingfish Association Nationals are scheduled to return to the Treasure Coast November 2-7, 2010. The Southern Kingfish Association (SKA) would like to host the Mandatory Number Pick Up, Welcome Party and Sponsor Award Ceremony for this 20th Anniversary National Championship event at the Havert L. Fenn Center on November 4, 2010. Tom Colucci, Executive Director of the Treasure Coast Sports Commission expects that this event will generate over 1,200 rented room nights and provide $1.8 million dollars of economic impact to the region. The SKA is requesting that the County waive the facility rental fees of $3,765.00 and has agreed to reimburse the County $288.00 for additional staff. Recommendation: Board approval to waive $3,765.00 in facility rental fees for the 2010 Southern Kingfish Association Nationals to be held at the Havert L. Fenn Center as outlined in this agenda memorandum. ;. - --~= _ ~ "EXHIBIT A" r ~ ~ ESTIMATE OF FEES: Anthony Allen, Fenn Center Coordinator (772) 462-1519 Date: Event: SKA Contact Name: Address: Office Phone: Fax: Email`Address: September 16, 2010 Jack Holmes (SKFA LLC) 15 Garnett Ave St. Augustine, FL 32084 904-819-0360 904-819-0331 The Havert L. Fenn Center 2000 Virginia Avenue Fort Pierce, FL 34982 (772) 462-1521 Fax: (772) 462-1128 Event Day(s), Date(s) 8~ Time(s): November 3, 4, 5, 2010 Wednesday: Set-up-8:00 am-5:00 pm Thursday: 7:00 am-11:00 pm Friday: Tear down-8:00 am-Noon Cell Phone: Facility Rental: Gymnasium 25 hrs @ $125/ea 4 hrs @ $160/ea Personnel: Custodian 8 hrs @ $18/ea x 2 Houseman Free Equipment: Tables Chairs $ Total Estimated Equipment Fees $ - ESTIMATED Facility, Personnel & Equipment FEES $ 4,053.00 TAXES 6.5% $ 244.72 TOTAL ESTIMATED FEES $ 4,297.72 NOTE:The costs listed above are estimates only and are subject to change based upon the actual event. Event Information: NOTE: All requests for food and beverages as well as Audio and Visual needs will be contracted separately through the on-site County approved vendors. All fees for catering will be paid to St. Lucie County. The above mentioned monies shall be paid to Lessor as follows: Fifty percent (50%) of room rental fees is due at time of reservation. The balance of room rental fees is due thirty (30) calender days before the event. At the conclusion of the event, reconciliation will be performed and any balance is due and payable immediately. Any unpaid balance will be fined a 1.5% penalty rate each month until balance is paid. Estimate Prepared By: mh pg. 11 Est. Fees $ 3,125.00 $ 640.00 Total Estimated Facility Rental Fees $ 3,765.00 Less 25% Not for profit discount Total Estimated Facility Rental Fees $ 3,765.00 $ 288.00 Total Estimated Personnel Fees $ 288.00 CouNTy F L 0 R I D A The Havert L. Fenn Center 2000 Virginia Avenue Fort Pierce, FL 34982 (772) 462-1521 Fax: (772) 462-1128 "Exhibit A" Anthony Allen, Fenn Center Coordinator (772) 462-1519 Date: Event: SKA Contact Name: Address: September 16, 2010 Jack Holmes (SKFA LLC) 15 Garnett Ave St. Augustine, FL. 32084 904-819-0360 904-819-0331 Event Day(s), Date(s) 8 Time(s): November 3, 4, 5, 2010 Wednesday:Set up- 8:OOam-S:OOpm Thursday: 7:OOam-11:OOpm Friday: Tear down- 8:OOam-noon Office Phone: Fax: Email Address: Cell Phone: ESTIMATE OF FEES: Facility Rental: Est. Fees Total Estimated Facility Rental Fees $ - Less 25% Not for profit discount Total Estimated Facility Rental Fees $ - Personnel: Custodian 8 hrs @ $18/ea x2 $ 288.00 Houseman Total Estimated Personnel Fees $ 288.00 Equipment: Tables Chairs Total Estimated Equipment Fees $ ESTIMATED Facility, Personnel 8a Equipment Fees $ 288.00 TAXES 6.5% TOTAL ESTIMATED FEES $ 288.00 NOTE:The costs listed above are estimates only and are subject to change based upon the actual event. Event Information: NOTE: All requests for food and beverages as well as Audio and Visual needs will be contracted separately through the on-site County approved vendors. All fees for catering will be paid to St. Lucie County. The above mentioned monies shall be paid to Lessor as follows: Fifty percent (50%) of room rental fees is due at time of reservation. The balance of room rental fees is due thirty (30) calender days before the event. At the conclusion of the event, reconciliation will be performed and any balance is due and payable immediately. Any unpaid balance will be fined a 1.5% penalty rate each month until balance is paid. Estimate Prepared By: mh pg 11 -+ - you w-r~ Wes. F L O R E D A . AGENDA REQUEST ITEM NO. VI-GI DATE: 10/12/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division Angle Road Sidewalk Project (Phases II and III) See attached memorandum. PRESENTED BY: Michael Powley, P. E.~.y~, J County Engineer Construction - 318-4113-563000-4702; Soil Testing - 318-4113-563009-4702; Inspection - 318-4113-563012-4702 County Capital Transportation Bond-Local Option Gas Tax PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Board approval of contract with SPS Contracting Inc. in the amount of $581,573 for construction of the Angle Road Sidewalk Project (Phases II and III). COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER !mil Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures Count Attorne x ~~ g Y Y ( ) OM Director (x) // Dan el McIntyre Budget Analyst Marie Gouin Originating Dept. (x) ~- Do aid West County Engineer (x) ~t`~Yp Michael Powley Angle Sidewalk award to SPS.ag - r. TO: Board of County Commissioners Engineering Division MEMORANDUM THROUGH: Donald West, Public Works Director~n\ FROM: Michael Powley, County Engineer A~.`~~ DATE: October 12, 2010 SUBJECT: Angle Road Sidewalk Project (Phases II and III) ITEM NO. VI-GI Background: The Angle Road Sidewalk Project (Phases II sidewalk along Angle Road from Orange Avenue to Avenue Q and Phase III sidewalk along Avenue D from Angle Road to North St. Lucie River Water Control District (NSLWCD) Canal No. 2. The low bidder was H&D Construction Co., Inc. in the amount of $493,022. After the project was awarded to them by the Board on February 9, 2010, the company closed its doors. On July 20, 2010, the Board approved rebidding of these projects. On September 1, 2010, 11 bids were received by the Purchasing Division. SPS Contracting of Vero Beach has been identified as the low bidder in the amount of $581,573. While this represents an $88,551 increase over our initial bidding (18% higher), it is still far below our engineer's estimate of more than $1 million. Previous Action: September 9, 2009 -County Administrator approved the Seventh Amendment to Work Authorization No. 5 for a time extension through February 28, 2010. October 20, 2009 -Eighth Amendment to Work Authorization No. 5 with ICE for $18,075 for the Angle Road Sidewalk Project (Phase III - Avenue D Extension). February 9, 2010 -Bid award to H&D Construction Co., Inc. in the amount of $493,022 for construction of the Angle Road Sidewalk Project, Work Authorization No.1 with Stanley Consultants, Inc. in the amount of $245,558.54 for construction management services, Work Authorization No. 38 with Dunkelberger Engineering & Testing, Inc. in the amount of $25,000 for soil testing services. July 20, 2010- Board approval to reject the contract with H&D Construction Co., Inc. and authorization for staff to rebid the Angle Road Sidewalk Project (Phases II and III). Recommendation: Board approval of contract with SPS Contracting Inc. in the amount of $581,573 for construction of the Angle Road Sidewalk Project (Phases II and III). BOARD OF COUNTY COMMISSIONERS TABULATION SHEET -BID #10-057 ANGLE ROAD SIDEWALK PHASES II & III OPENED: SEPTEMBER 1, 2010 AT 2:00 PM PURCHASING DEPARTMENT Total Bid Price Eleven (11) submittals were received for subject proposal: (includes 10% contingency) ~'SPS CONTRACTING ',Vero Beach, FL $ 528,702.49-Bid Amount F 772 778 28 2 $ 52,870.25 -10% Contin 7c ency ax: - - 6 ~ $ 581,572.74-Bid Total GUETTLER BROTHERS CONSTRUCTION (Fort Pierce, FL $ 532,625.20 -Bid Amount F 772 461 8039 $ 53,262.52 - 1 D% Contingencv ax: - - $ 585,887.72 -Bid Total MELVIN BUSH CONSTRUCTION Port St. Lucie, FL $ 552,941.49 -Bid Amount F 772 336 0 $ 55.294.15 - 10% Contingencv ax: - - 488 $ 608,235.64 -Bid Total SUNSHINE LAND DESIGN (Stuart, FL $ 624,429.37 -Bid Amount F 772 283 8 4 $ 62,442.94 - 10% Contingency ax: - - 94 $ 686,872.31 -Bid Total ~R.K CONTRACTORS Fort Pierce, FL $ 675,531.80 -Bid Amount F 772 462 07 5 $ 67,553.18 - 10% Contingencv ax: - - 6 $ 743,084.98 -Bid Total MANCIL'S TRACTOR SERVICE (Stuart, FL $ 704,047.58 -Bid Amount F 77 $ 70,404.76 - 10% Contingencv ax: 2-288-0983 $ 774,452.34 -Bid Total RANGER CONSTRUCTION Fort Pierce, FL $ 729,358.17 -Bid Amount F 772 46 $ 72,935.82 - 10% Contingencv ~ ax: - 6-9559 $ 802,293.99 -Bid Total IAWM Construction, Inc. Fort Pierce, FL $ 781,865.49 -Bid Amount F 772 4 $ 78.186.55 - 10% Contingencv ax: - 66-2806 $ 860,052.04 -Bid Total SISCA CONSTRUCTION $ 797 433.72 -Bid Amount West Palm Beach, FL , $ 79,743.37 - 10% Contingencv Fax: 772-288-3446 $ 877,177.09 -Bid Total LANZO CONSTRUCTION 052 266.00 -Bid Amount $ 1 Deerfield Beach, FL , , $ 105.226.60 - 10% Contingencv Fax: 954-979-9897 $ 1,157,492.60 -Bid Total ~GIBBS 8 REGISTER ,Winter Haven FL $ 1,171,610.50 -Bid Amount , $ 117,161.05 - 10% Contingency Fax: 407-905-2941 $ 1,288,771.55 -Total Number of companies notified': 477 Number of bid documents distributed : 50 Number of bids received: 11 'per demandstar.com CHRIS DZADOVSKY, Distnct No.1 ~ DOUG COWARD, Distnct No. 2 ~ PAULA A. LEWIS, District No 3 ~ CHARLES GRANDE, District No. 4 ~ CHRIS CRAFT, District No 5 County Administrator - FAYE W. OUTLAW, MPA 2300 Virginia Avenue -Fort Pierce, FL 34982-5652 -Phone (772) 462-1700 - TDD (772) 462-1428 Website. wv+w.cost-lucie fI us ITEM NO. VI-G2 DATE: 10/12/10 ~~ REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E; ~ SUBMITTED BY: Public Works/Engineering Division County Engineer ' tv SUBJECT: White Way Dairy Road Culvert Improvement Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101-4115-563005-19014E -Tropical Storm Fay PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of award to Guettler Brothers, Inc. in the amount of $304,933. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~= ~ - Approved 5.0 Faye W. Outlaw, MPA County Administrator County Attorney (x ) AGENDA REQUEST CoordinationlSignatures OMB Director Daniel McIntyre Budget Analyst Originating Dept. (x) W . Don d West Road & Bridge (x) Q~ Manager Donald Pauley White Way Dairy Road Award Guettler.ag .t :, r:~+ (x) j{~' Marie Gouin County Engineer (x) l~ ~(~ Michael Powley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director~~~ ' FROM: Michael Powley, County Engineer r~jQ~1f•YQMrP DATE: October 12, 2010 SUBJECT: White Way Dairy Road Culvert Improvement Project ITEM NO. VI-G2 Background: During routine culvert inspections after Tropical Storm Fay, it was observed that the three existing 96-inch equivalent culvert pipes at the White Way Dairy Road crossing of 5-Mile Creek had significantly deteriorated. Quotes for this project were originally solicited in 2009 utilizing a pipe restoration method known as shotcrete was chosen, which involves spraying a concrete lining onto the interior of the pipes. This innovative process would be an expedient and economical solution to restore large deteriorated pipes. However, it is important to note the inherent danger of standing inside a corroded metal pipe and discharging concrete with substantial force onto the pipe wall. Unless it is done appropriately, the entire soil column (each square foot of inside pipe ceiling supports about one ton of weight) could come crashing through. We therefore required an American Concrete Institute's Nozzleman certification. This certification is not commonplace. At the time quotes were requested, only a handful of licenses resided in Florida. Staff contacted a total of five contractors in accordance with the approved emergency bidding procedures. Unfortunately, only one firm was deemed responsive with a quote for $239,877, which was more than double the Engineer's Cost Estimate. It is staffs opinion that the general contracting community is not familiar with our proposed repair procedure and was unwilling to attempt it. We have now completed a design to construct acounty-standard culvert replacement project with aluminum headwalls. Our plan proposes two multi-plate arch pipes. We have successfully utilized multi-plate arch pipes on several past projects. Engineering Division Memorandum October 12, 2010 Item No. VI-G2 Page 2 Again utilizing emergency bidding procedures, we contacted three local contractors for quotes: Guettler Brothers, Johnson-Davis, and Sheltra & Sons. Two contractors, Guettler Brothers and Johnson-Davis provided quotes, Sheltra 8 Sons did not. The lowest quote was received by Guettler Brothers, Inc. Please refer to Attachment A for a tabulation of the quotes. Previous Action: March 4, 2009 -Work Authorization No. 7 for $24,881.29 executed by the County Administrator. April 30, 2009 -First Amendment to Work Authorization No. 7 for a time extension. May 19, 2009 -Board authorized staff to utilize emergency bidding procedures along with the Local Economic Stimulus Ordinance for repair of the crossing. September 15, 2009 -Board authorized staff to reject quotes for White Way Dairy Road Culvert Improvement Project and approve the Second Amendment to Work Authorization No. 7 for roadway design services with Miller Legg in the amount of $39,400. March 25, 2010 -Third Amendment to Work Authorization No. 7 for a time extension. Recommendation: Board approval of award to Guettler Brothers Inc. in the amount of $304,933. ° ° ° o o o 00 00 0 0 0 0 0 0 0 0 0° °o °o °° o° °o ° o0 0 00 0 0 °0 0 0 0 o ° o 0 0 0 0 0 0 ° 0 o 0 0 ° 0 0 N n o d '~ Oo 00 00 00 °O Oo o 0 ,°~ oo 00 0 0 0 0 ° o o 0 ° ° 0 O ~ ~ ! ~ ~_ r N ~_ Q to N (h N V M n c+l ~ N N ~ N ~ 117 O O V ~v°j ~ tii fA ~ to fA t» w fA ~ {A Y7 ~ {~ ~ ~ ' b9 Uf EA {fl fA EA ~ 69 ~ ~ y~ ~ ~ ~ y~ ~ A 0 C O Vl C L O O o O O O O O O O O O O O O O O O p 0 O O O O O O O O O O O 0 0 0 0 ~ 0 0 0 0 0 0 ~ ~C U O O O O O O O O O O O O O O O O ~ O O O 0 O O O O O O O O O O O O ~ ~ O ~ ~ 0 0 0 0 0 0 0 ~ ~ O to O ~ O O O N ~ 0 0 0 0 0 0 d ~f7 1~ LL'1 v' ~ ° ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ °N F» Nvi ~ ~ ~ ~ i» ~ ~» i» is i» ~ » i» cn fA 0 00 0 °o o ° °o °o °o °o 0 0 0 0 0 0 0 0 0 0 0 0 0 ° °o ° 0 ° r r N d . . o 0 o N P Of p d o 0 0 ~ V c o ~ o o ~ m o ~ ~ ° ~ ~ o ~ ~ ~ o ~ o N O ~ ~ i r N ~ ~ ~ ~ ~ ~ i ~ ~ O1 ~. ~ y n »» in ~ ~ ~ ~ ~ ~ ~ i» ~ ~ ~ ~ tA fA K L O IC ~ ~ C T ~ t9 O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0° o 0 0 0 0° o 0 0 0 ° ° C Q ~' y u j o 0 o 0 0 o o 0 0 0 0 0 0 0 0 0 o Oo 00 0 Oo 0 0 00 0 0 0 0 0 0 0 0 o~ 0 0 °° o o o o 0 o E ~' - Q a 0 0 ° m ~ 0 N~ v co ° ~ m ~ ~ ~ a - N ~ cV N fA fA CO V (`'~ Q (h Kl D) ~ R 4f ~ M Ki to A fA b9 EA fA tH kA fA fA ~ ~ fA N A C U ~ (fl f f Q l0 H ~ 3 ' ~ o Q Q ~ QQ J ~ J J J J W J J J J J J J J J J v J J J W J J J J 0 a ~+ N O U w O 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O o O O o O O 00 O O O O O O O O O O O O O O O O O O O O O O O O O O r ~ ~ ~ ~ ~ ~ r ~ ~ ~ ~ N ~~ ~ ~ N 7 ~ r ~ ~~ ~ Q O O C m J_ U N d Y lD _~ ~ CD N ~ O 01 ~ 0 C O ~ O ~ ~ U ~ ~ ~ ~ v ~ o co 0 o ~ °1 ~° ~~ d m c ~ ~ c a o O ~ w ~ _ ' ~ c ~ c ~ a i m ~ ~ ~ m o ~ q a c ad 7 i ~ ~ ~ ' ~ n o ~ d C c~ _ ° c rn ° ~ E = u ~ c ~ ~ ~i ; ~ ~ C7 c c~ ~ ~ co ~ ... ~' c N ~- o °' U~ .N U a a o~ .N 's, m a m d a E x c ~ ~~w ~~~ m ~~o a ~v ~ci w ~w~aa o 3 0 0 o v~ ° ? ~ ~ v~ ~ ~' m ~ ,p ~ G ~ ~ ~ fO ~ ~ c ~ ~ ' c m m a v~ o, ~ o~ ~ m a a v c c7 ~ °~ o E Z' N ~ ~ ~ ~ C7 7 ~ ~ o i _ C m g y rn ~ o o Y UY a m ~ m c c~ U m~ Y~~ ~' ~~~~ m , A p U _ p l0 Q N (A ~ ) 2 C ~ O O C L G ~ « . O C ~. ( O LL (p a L~ U f0 'gip FFC N d 2 C N N~ O. > T (0 O N O O O W c0 p O N L E C (V co Of ~ ~ ~ ~ U w c~ U w i~ ~ ~ ~ ~ _ o ~ c~ ~ U Cn a .- ~ ~ ci E F- Q w U ~ Q m ry ~ N a Q Q a Q ~ Q m Q C1 ~ C ~~ ~ Q Q m N ~ N N ~ ~~ O ~ ~ q ~ a ~ ~ ~_ 0 - i 01 ~ O O N N N R 0 0 0 0 0 0 0 0~~~ N O (O cD N 0 0 0 0 N N N t0 ~`'~ O O N~~ O ~ O ~~~~~ d m 0 u , r Q 41 L U ~6 Q AGENDA REQUEST ITEM NO. VI-I~' DATE: 10/12!10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Prison Health Services Inmate HIV Medications Invoice for August, 2010 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization for payment of Prison Health Services invoice number PHS0008209 for HIV medications for the period of August 01, 2010 through August 31, 2010, in the amount of $36,133.47. COMMISSION ACTION: CONCURRENCE: Q(S APPROVED ( ) DENIED _ ( ) OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) ~ OMB Director (X) ~M f/~ L~ Budget Analyst V ~ t~/ 1 (Daniel S. McIntyre) (Marie Gouin) f /~ ERD ( ) Originating Dept. (X) ~ / ( ' iam Hoeffner) (Name) Human ResourceslRisk Management MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Interim Human Resources Director~~~/~ FROM: Daniel J. Lutzke, Risk Manager /'~ ,' ~Y , ?~e. DATE: October 12, 2010 SUBJECT: Prison Health Services Inmate HIV Medications Invoice for August, 2010 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 HIV medications and off-site services from medical providers. PHS has submitted Invoice Number PHS0008209 (Attachment A) in the amount of $36,133.47 requesting reimbursement from the County for August 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. Sheriffs Consultant, Alliance Medical Management, has certified (Attachment B) that the payment requested in invoice number PHS0008209 is the correct amount for HIV Meds for the period of 08/01/10-08/31/10. Previous Action: December 22, 2009 - BOCC payment approval of October HIV Medication Invoice of $48,681.27 January 12, 2010 - BOCC payment approval of November HIV Medication Invoice of $46,354.62 February 9, 2010 - BOCC payment approval of December HIV Medication Invoice of $52,723.34 March 9, 2010 - BOCC payment approval of January HIV Medication Invoice of $39,082.06 April 13, 2010 - BOCC payment approval of February HIV Medication Invoice of $29,967.90 May 18, 2010 - BOCC payment approval of March HIV Medication Invoice of $21,059.86 June 8, 2010 - BOCC payment approval of April HIV Medication Invoice of $50,668.82 July 20, 2010 - BOCC payment approval of May HIV Medication Invoice of $42,017.77 August 24, 2010 - BOCC payment approval of June HIV Medication Invoice of $32,377.83 September 21, 2010 - BOCC approval of July HIV Medication Invoice of $38,484.90 October 12, 2010 -Pending BOCC approval of this August HIV Medication Invoice of $36,133.47 Total Inmate HIV Medication Cost FY to Date: $437,551.84 Recommendation Board authorization for payment of Prison Health Services invoice number PHS0008209 for HIV medications for the period of August 01, 2010 through August 31, 2010, in the amount of $36,133.47. sue/ PH S.. Invoice Number: PHS0008209 Attachsnesat - A Prison Health Services, Inc. dba PHS Correctional Healthcare 105 Westpark Drive, Suite 200 Brentwood, TN 37027 1-800-729-0069 ext. 338 ID# 23-2108853 ST LUCIE COUNTY SHERIFF'S DEPT ATTN: TOBY LONG 4700 WEST MIDWAY ROAD FORT PIERCE, FL 34981 Customer Number: 1534B Aggregate CAP HIV Meds for the Period of Aug 2010 $36,133.47 Amount Due: $36,133.47 Remit Payment To: Prison Health Services, Inc. dba PHS Correctional Healthcare 12464 Collection Center Drive Chicago,lL 60693 Payment Due Date: October 20, 2010 Account Terms: NET 30 DAYS * * * PLEASE DOCUMENT IF INVOICE IS NOT PAID IN FULL * * September 20, 2010 MONTHLY INVOICE St. Lucie County, FL Contract Year: October 1, 2009 through September 30, 2010 H1V Medications For the month ended: August 31, 2010 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ _ Annual Aggregate Total: ~ _ 100% bill back over $ _ Pharmacy -HIV Meds this Month: See Attached 36,133.47 Amount D.ue -August 2010 a 36,133.47; AGENDA REQUEST DATE: 10/12/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Faye W. Outlaw, M.P.A. SUBMITTED BY: Administration County Administrator SUBJECT: Economic Development Council Fourth Quarter Invoice BACKGROUND: See attached memorandum FUNDS AVAILABLE: 001-1515-582000-100 -Aid to Private Organization $50,000 666-1515-582000-100 -Aid to Private Organization $12,500 PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Board acceptance of the Fourth Quarter Report from EDC as fulfilling the requirements of the Contract and authorization for disbursing payment in the amount of $62,500 towards the matching grant. COMMISSION ACTION: (}~ APPROVED ( ) DENIED ( ) OTHER Approved 5.0 ITEM NO. VITA CONCURRENCE: _~../1 ~ Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney ( ) ~~ OMB Director Budget Analyst . Daniel McIntyre Originating Dept. (~) ~' Faye W. Outlaw, M.P.A. ( ) y~ /~~ Marie Gouin Patty Marston ERD ( ) (Name) Administration MEMORANDUM 10-041 TO: Board of County Commissioners FROM: Faye W. Outlaw,-AA-P~- ~-''--~ County Administrator DATE: October 12, 2010 SUBJECT: Economic Development Council Fourth Quarter Invoice ITEM NO. VI-J Background: The Board of County Commissioners entered into a contract on January 19, 2010 (C10-01- 006) agreeing to disburse a grant, in the amount of $250,000, to the Economic Development Council of St. Lucie County for FY 2009-2010. Therefore, attached is a copy of the Fourth Quarter Activities Report, as well as Invoice #10 09-30-1, in the amount of $62,500. Recommendation: Staff recommends acceptance of the Fourth Quarter Activities Report from the Economic Development Council of St. Lucie County, and authorization for disbursing payment in the amount of $62,500 toward the matching grant. FWO/jdp 10-041 cc: Lee Ann Lowery, Assistant County Administrator Dan McIntyre, County Attorney Marie Gouin, Management and Budget Director Attachments ~.. 5r ECONOMIC IOPMENT COUNCIL OF S UCIE [OUNTY September 30, 2010 TO: St. Lucie County ATT: Ms. Faye Outlaw, County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982-5652 EDC CONTACT INVOICE NO. TERMS L. Pelton 10 09-30-1 Upon Receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1 quarter Investment grant for economic development FY OCT 09-SEP 10 $62,500 $62,500 4`" Quarter: JUL-SEP E Please make check payable to: Economic Development Council of St. Lucie County, Inc. 1850 SW Fountainview Blvd., Suite 205 Port St. Lucie, FL 34986 If you have any questions concerning this invoice please contact Larry Pelton (772) 879-4144 x16 or contact(a~YourEDC.com. ____ - ___ Thank You! -- ,, ': _ -- -, Economic Development Council of St. Lucie County 1850 SW Fountainview Blvd., Suite 205 • Port St. Lucie, FL 34988 •772-879-4144 • FAX 772-879-7477 • contact@YourEDC.com Economic Development Council of St. Lucie County, Inc. 4th Quarter Report -Fiscal Year 2009 - 2010 RECRUITMENT: During the fourth quarter of Fiscal Year 2009-2010, the EDC was involved in the active recruiting of the following entities that have successfully relocated, or have committed to relocate, within the county: • Proiect Vision - An optical research and manufacturing firm received their state approval of their QTI application. They have looked at four properties in the county and are negotiating a lease with one of the properties. Their QTI agreement includes plans to deliver 200 jobs over the next three years at an average annual salary of $55,666. County has required the company to have a lease signed by the end of September 2010 or the JGIG award will be reassigned. The company is working with a broker and expects to have a lease signed by the end of September. • Silver-line Plastics -The Board of County Commissioners met informally on Oct. 27 with a discussion on providing county incentives to Silver-Line Plastics. The board voted on Dec. 8 to approve the incentives. Silver-Line Plastics submitted a revised JGIG application on March 9`h and are awaiting approval by the board. Because of the revised numbers, the county is working with the company to determine the award amount. The JGIG agreement was signed in February 2010 and on 8/24/10 the county approved the ad valorem tax exemption request. • Proiect EUV -The owner submitted a request to the county for a Job Growth Incentive Grant and tax abatement. The company plans to bring their 50,000 SF facility to Fort Pierce and is committing to 25 jobs with an average annual wage of $36,233 and a capital investment of $500,000. The county reviewed the company's application and issued a letter of intent on April 13. The company has finalized a lease agreement with a property owner in Fort Pierce. A public announcement of the project will be made on Oct. 5, 2010 and the company's grand opening is scheduled for November 1, 2010. • Proiect LED -The EDC is working with an LED light manufacturer. The company proposes to bring a 15,000 SF manufacturing facility to St. Lucie County. EDC has continued to arrange meetings between the company and potential customers within the county to determine demand for lighting conversions. Based on their assessment of demand, a decision will be made concerning the establishment of a facility here. A meeting has been scheduled with the county and the company for September 17, 2010 for the company to present their proposal to the county. • Proiect Lake - An out-of-state research institute is interested in relocating their institute to St. Lucie County to collaborate with TPIMS and VGTI. The institute has submitted an application to Enterprise Florida for Innovation Fund grants. The institute will provide 200 jobs with an average annual wage of $50,000 and a capital investment of $55 million. Enterprise Florida reviewed the company's application and forwarded it to the Governors office. However, the State Legislature significantly reduced funding for state incentive programs in the upcoming budget. At present, there is insufficient funding for Project Lake, but EDC will work with EFI over the year to prepare a request for next year's budgeting process. • Proiect Enerey -In May 2010, EDC organized a local leadership team visit with a national laboratory which resulted in the drafting of a Memorandum of Understanding with the lab to design and develop a "sustainable community" demonstration project in the county. The MOU has been reviewed by the laboratory's legal department and is now in the laboratory director's office for signature. Afollow-up visit was made by EDC with the lab to determine the elements of a sustainable community project and to outline an implementation strategy. On July 28, the county and the lab signed a mutual MOU. The leadership team has begun negotiation with the lab on a statement of work for the first phase of the green district. As part of the project, the leadership team met with a national corporation who has an interest in partnering with the project. On August 26, the county signed an MOU with the corporate partner and a public announcement was made on September 7, 2010. • Proiect Sun - In June, EDC met with an established "green" manufacturing company interested in relocation and expansion including adding 45 new jobs over 2 years. EDC scheduled a facilities tour and meetings for the third week of June. Deadline for relocation/expansion by 2011. • Proiect Eaele - In May and June EDC rnet twice with an airline company interested in St. Lucie County airport. We arranged a tour of the airport and meeting with SLC airport manager. Economic Development Council of St. Lucie County, Inc. 1850 SW Fountainview Boulevard, Suite 205, Port St. Lucie, FL 34986 (772) 879-4144 Office (772) 879-7477 Fax contact@YourEDC.com www.YourEDC.com 2 • Proiect Sweden - In April and June EDC met with existing green manufacturing company for relocation and expansion. Additionally, EDC gave a tour of the area including TCERDA, Commerce Park and the airport. • Manufacturer: In April, EDC met with green and disaster-aid investors for manufacturing including 100 plus jobs by 2012. • Manufacturer: In June, EDC met with owners regarding expansion/relocation of military aircraft manufacturing. • Manufacturer: In June, EDC met with owners regarding fuel-cell manufacturing relocation and expansion. Company expects to have 15-20 employees by the end of 2010. • BioA ra: March through June EDC met with owner/developers of green farming. Large-scale land acquisition is involved. BUSINESS RETENTION & EXPANSION: During the fourth quarter, the EDC actively worked on expansion efforts with the following companies located within St. Lucie County: Proiect Pizza -relocation and expansion. In September EDC met with existing health food /alternative agriculture /and manufacturing company regarding relocation. EDC also scheduled and coordinated meetings with local health food distributors. Target date for relocation expansion is 2011. Proiect Coral - an operations center expansion and relocation, adding 28 jobs and $1.5M capital investment after 5,000 SF site purchase. On August 24, 2010 the BOCC sent LOI offering JGIG and ad valorem tax abatement. September 29, project closed; Coral opted for a site in Indian River County. Proiect Water -manufacturer potentially adding 10 new jobs and capital investment in their building and equipment. EDC made introductions to resources for the regional and State export directory, training programs, and recommended this company be profiled as part of the economic gardening initiative. Project Water is a potential economic gardening GrowFL candidate. Oxford Management Services - is adding an additional 75 call center jobs, bringing their total to 300 jobs by end of year 2011. In July, BOCC approved a revision to expedite current JGIG and adopt a second JGIG for these 75 new jobs. OMS is an accounts receivable management firm. Dieital Domain Holdings-EDC has had multiple meetings with DDH to assist in a job fair for hiring of 500 additional jobs. EDC arranged site visits to locations that would allow immediate expansion. EDC has facilitated introductions to Workforce Solutions, and local media regarding job fair. Proiect Leeway -manufacturer, received letter of intent in July from county for JGIG, ad valorem tax abatement and fast-track permitting for expansion adding 11 jobs and $5.8M capital investment. Project approved for implementation by corporate. Twin Vee Catamarans -reopening of boat building business, plans to add up to 100 jobs in four years. Twin Vee requested financial assistance, abatements, and help with media awareness and expansion of product line. EDC made introductions to resources for government contracts, export trade, training programs and media and recommended business for company profile through the economic gardening program. Twin Vee has hired 22 employees to date. The BOCC approved a JGIG for 78 additional jobs in August. Proiect Sunshine -the EDC is working with a local manufacturer interested in expanding to new location. Currently at 75 jobs, adding ten with expansion. Waiting on decision for expansion. Expansion of call center potentially adding 100 jobs, pending corporate decision on location choice - in St. Lucie County or out of state. Economic Development Council of St. Lucie County, Inc. 1850 SW Fountainview Boulevard, Suite 205, Port St. Lucie, FL 34986 (772) 879-4144 Office (772) 879-7477 Fax contact@YourEDC.com www.YourEDC.com The EDC continues to meet with local companies to better understand the business base in the county and determine what resources would help these companies expand and grow. As a partner of the Florida's Research Coast Economic Development Coalition other programs and activities planned for our existing businesses include: • Business Profiles -eight St. Lucie County businesses were selected to have company profiles written and developed by a local copywriter as a promotional piece for their media kit, regional newsletter or industry publications. -These companies will be spotlighted on the Research Coast website. • A marketing brochure of the four-county region was created to promote Florida's Research Coast as an attractive business destination includes demographic, business, industry and economic data of each county. • Through the economic gardening project, the Research Coast partners secured funding to conduct market research activities for select companies in each county; the goal being to help these companies expand by coordinating market research. • Florida's Research Coast partnered with Florida's Economic Gardening Institute and GrowFL to offer a variety of activities and programs with the goal of assisting second stage small and medium-size businesses grow and expand. The first event a GrowFl Regional CEO Panel event, held in September at FAU, Port St. Lucie attracted approximately 40 business leaders. • The Research Coast team conducted internal familiarization tours in each of the four counties for the economic developers to promote local businesses, assets, research parks, industrial parks, educational institutions and local points of interest within their county. • The EDOs are compiling a single source database of existing companies, operating across the 4-county region to develop a vendor supplier network and export directory. The directory will be housed on the Research Coast website, with links from the local economic development organizations. The companies listed on the regional export directory will also be forwarded to the Florida Export Directory. The EDC continues to partner with Indian River State College's CCTI Entrepreneur Development Institute to offer monthly Learn @ lunch seminars to help local businesses and entrepreneurs overcome challenges of opening and operating a successful business. COMMUNICATION & EVENTS: The EDC continued to host monthly membership luncheons and "Coffee Talks," in which local leaders are invited to speak and interact with its members and the business community. Guest speakers have included elected officials, city managers, county administrators, and local business leaders. The EDC continued to be actively involved in the research park by attending TCERDA monthly meetings and participating in TCERDA events. fn addition, the EDC participated in the monthly Treasure Coast Council of Local Governments to keep them updated on EDC activities. Economic Development Council of St. Lucie County, Inc. 1850 SW Fountainview Boulevard, Suite 205, Port St. Lucie, FL 34986 (772) 879-4144 OfFce (772) 879-7477 Fax contact@YourEDC.com www.YourEDC.com ~ Q Ci I~T Y . F L O it L D R_ AGENDA REQUEST ITEM NO. VI-J DATE: 10/12/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin h/) SUBMITTED BY: Office of Management & Budget/Purchasing Director 1 1 l SUBJECT: Resolution No. 10-263, Funding Policy for Nonprofit Agencies BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various Funds PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution No. 10-263, establishing a funding policy for nonprofit agencies, 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 ) Other ( ) CONCURRENCE: _--~ Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB ~,' Budget Analyst Dan McIntyre Other (Name) (X) -'`~~ Sophia Holt (Name) Office of Management = ~ _- & Budget/Purchasing • • MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director ~~ DATE: October 12, 2010 SUBJECT: Resolution No.10-263, Funding Policy for Nonprofit Agencies ITEM NO. VI-J Background: The Board annually receives requests for funding from various nonprofit organizations which provide services to St. Lucie County residents. They have historically appropriated funds for such nonprofit organizations from the County's operational budget. The Board has determined that future funding for nonprofit organizations shall be appropriated from the fund balance rather than the operational budget. Effective with the Fiscal Year 2013 budget beginning October 1, 2012, all funding for nonprofit organizations shall be determined based upon excess fees received from the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector two years prior to the effective date of a budget, i.e. funding for nonprofit organizations for Fiscal Year 2013 shall be based on available excess fees received at the end of Fiscal Year 2011. tf excess fees are not available, nonprofits will be notified there will be no available funding. The Board has the discretion to fund them through the operational budget. Recommendation: Board approval of Resolution No. 10-263, establishing a funding policy for nonprofit agencies, and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION NO. 10-263 A RESOLUTION ESTABLISHING A FUNDING POLICY FOR NONPROFIT ORGANIZATIONS; PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board annually receives requests for funding from various nonprofit organizations which provide services to St. Lucie County residents. 2. The Board has historically appropriated funds for such nonprofit organizations from its operational budget. 3. The Board has determined that future funding for nonprofit organizations shall be appropriated from available fund balance rather than the operational budget. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. Effective with the Fiscal Year 2013 budget beginning October 1, 2012, all funding for nonprofit organizations shall be determined based upon excess fees received from the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector two years prior to the effective date of a budget, i.e. funding for nonprofit organizations for Fiscal Year 2013 shall be bused on available excess fees received at the end of Fiscal Year 2011. 2. If excess fees are not available, nonprofits will be notified there will be no available funding. The Board has the discretion to fund them through the operational budget. 3. This resolution shall take effect upon adoption. PASSED AND DULY ADOPTED this XXth day of October 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 MOSQU TO CONTROL MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org tlil~liil~t3liii~liilifilii~tliiliitiift#Nltfiiiiilitf1i111llqif!{UitiiU~illiitUl111it1if11(lllitliiltltitiii Chris Dzadovsky, Chairman Paula A. Lewis, Vice Chair Doug Coward Charles Grande Chris Craft fiitlYilitiit111fiittNii~iilii~ltliiii[tiitir iiifit~iiitilllU~itUiiffii~~tiiih District No.1 District No. 3 District No. 2 District No. 4 District No. 5 W[UlliitiittlliiNi#i~ti~[itiitift{[[~ll~tifitit[IAlilliipiTttttiiUi~iilfi~~i~iiiliWiiiU~EtiiF111iltiii(itl~tllftiirilitiitliiLii~i~tttWUtliltl#tlltiiiiitiiliiiliitlifiiillil~iitllitiii MINUTES Approve the minutes from the September 28, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 53, 54, 1 and 2. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty~ight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST LUCIE COUNTY, FLORIDA Date: September 28, 2010 Convened: 9:30 a.m. Adjourned: 9:31 a.m. Commissioners Present: Chainman, Chris Dzadovsky, Doug Coward, Paula A. Lewis, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young, Asst. County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Marie Gouin, Management and Budget Director, Jim David, Mosquito Control Director, Millie Delgado-Feliciano, Deputy Clerk, Lucero Carrillo, Deputy Clerk MINUTES Approve the minutes from the September 14, 2010 meeting. It was moved by Com. Dzadovsky, seconded by Com. Grande to approve the minutes of the meeting held September 14, 2010, and upon roll call. Motion carried unanimously. II. GENERAL PUBLIC COMMENT None III. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Grande to approve the Consent Agenda; upon roll call, motion carved unanimously. A. WARRANTS Approve warrant list No. 51 and 52. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 09/30/1C ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #53- 25-SEP-2010 TO 30-SEP-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 72,854.90 145123 EPA-SJRWMD-Queens & Spoil Island SL 6,200.00 145124 NOAA-FAF-Spoil Island (SL-3) Restor 3,602.00 145125 NACoRF Spoil Island SL-3 Restor. 812.30 GRAND TOTAL: 83,469.20 PAGE 1 PAYROLL 37,273.76 0.00 0.00 0.00 37,273.76 10/O1/10 FZABWARR FUND TITLE 145 Mosquito Fund ST. LUCIE COUNTY - BOARD WARRANT LIST #1 - Ol-OCT-2010 TO O1-OCT-2010 FUND SUMMARY- MOSQUITO EXPENSES 2,742.72 GRAND TOTAL: 2,742.72 PAGE 1 PAYROLL 0.00 0.00 10/06/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #54- 02-OCT- 2010 TO 06-OCT-2010 FUND SUMMARY - MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 27,829.44 0.00 145123 EPA-SJRWMD-Queens & Spoil Island SL 1,583.20 0.00 GRAND TOTAL: 29,412.64 0.00 10/08/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #2 - 07-OCT-2010 TO 08-OCT-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 8,141.08 GRAND TOTAL: 8,141.08 PAGE 1 PAYROLL 0.00 0.00 EROS ON CONTROL EROSION DISTRICT www.co.st-lucie.fl. us www.stlucieco.or itiiltititlttlltifii~iititillttlill-tiiiliill{liitlitiifiiiii tiitr~ttiiilitliWUlf~iitiUii3tiltlltiiiliii~iNtililitll8iiiiii~iitiiiiiillfiititilttttliili~~i Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 iitili{ii3ilttitTiii-iiGitlitiiiiiitiipliliiliiliWtt[tiiitiiiilitliiiiUltlliliHiiliitUtlilUiAW1111fiifltillititliilWUpiii}IgHiilllUtit#t~14Uiliiltltiilitiii~Ii~tiittfiiiiiii[ait{i MINUTES Approve the minutes from the September 28, 2010 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 53, 54, 1 and 2. NOTICE: All Proceedings before this Board are electronically recorded. Any person who deades to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross~xamine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least foray-eight (48) hours prior to the meeting. EROSION DISTRICT ST LUCIE COUNTY, FLORIDA Date: September 28, 2010 Convened: 9:32 a.m. Adjourned: 9:33 a.m. Commissioners Present: Chairman, Chris Craft, Chris Dzadovsky, Doug Coward, Paula A. Lewis Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young, Asst. County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Marie Gouin, Management and Budget Director, Jim David, Mosquito Control Director, Millie Delgado-Feliciano, Deputy Clerk, Lucero Carrillo, Deputy Clerk MINUTES Approve the minutes from the September 14, 2010 meeting. It was moved by Com. Coward, seconded by Com. Grande to approve the minutes of the meeting held September 14, 2010, and upon roll call. Motion carried unanimously. II. GENERAL PUBLIC COMMENT None III. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Grande to approve the Consent Agenda; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 51 The Board approved Warrant List No.51 There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 09/30/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #53- 25-SEP-2010 TO 30-SEP-2010 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 5,024.86 4,403.86 10/O1/10 FZABWARR FUND 184 ST. LUCIE COUNTY - BOARD WARRANT LIST #1 - O1-OCT-2010 TO O1-OCT-2010 FUND SUMMARY- EROSION TITLE Erosion Control Operating Fund PAGE 1 EXPENSES PAYROLL 315.77 0.00 10/06/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR FUND 184 WARRANT LIST #54- 02-OCT-2010 TO 06-OCT-2010 FUND SUMMARY- EROSION TITLE Erosion Control Operating Fund EXPENSES 2,256.96 PAYROLL 0.00 10/08/10 FZABWARR FUND 184 ST. LUCIE COUNTY - BOARD WARRANT LIST #2 - 07-OCT-2010 TO 08-OCT-2010 FUND SUMMARY- EROSION TITLE Erosion Control Operating Fund EXPENSES 948.60 PAGE 1 PAYROLL 0.00