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HomeMy WebLinkAboutAgenda Packet 09-27-05 ~ "" SEPTEMBER Z'I, ZOOS _.00 AM BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. REVISED _/Z7/0S PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING 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 are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However. if a public hearing is scheduled for a meeting 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 aSRs anyone wishing to speaR 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 aSR for public comment, (4) further discussion and action by the board, ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have bacRup 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 of 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 wor\:zshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these wor\:zshops. 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-lm or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. r BOARD OF COUNTY""" COMMISSIONERS www.c....·I..cle.fl.... , F.anni. H..tehin..n, Chai.anan D.... Cowa.eI, Vice Chai.man ....ph E. Sanlth Pa..la A. Lewb Ch.b C.aft D"trlct No.4 Dbt.ict N.. 2 DI.t.lct No. , D"t.ict N.. J D....lct No. S Sep.eanlte. 27, 200S ..00 A.M. Invocation Pleel.e of AII..lance ,. MINUTES Approve the minutes of the Tentative Budget Public Hearing meeting held on September 15, 2005. Approve the minutes of the Regular Board meeting held on September 20, 2005. Approve the minutes of the Final Budget Public Hearing meeting held on September 22, 2005. Approve the minutes of the Special Public Hearing meeting held on September 22, 2005. 2. PROCLAMATIONS/PRESENTATIONS A. Presentation by Colonel Carpenter of the Army Corps of Engineers on the management of LaRe OReechobee and discharges from the laRe. B, Update on Indian River Drive presented by MiRe Powley, County Engineering and Vanessa Bessey, Environmental Resources Director. C. Resolution No. 05-369 - Project H.O.P,E. - Consider staff recommendation to adopt Resolution No. 05-369 as drafted. D. Congratulations to the St. Lucie County Balefill Construction & Demolition Recycling Facility for receiving the Honorable Mention Award in the Environmental Category of the Engineering Excellence Awards from the Florida Institute of Consulting Engineers. E. The Board wishes to congratulate Tommy Bowes and staff, on winning the 2005 Florida State League Commendation Award. F. Reading of the announcements by the County Administrator. J. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA REGULAR AGENDA SEPTEMBER 27, 2005 PAGE TWO '-' "t!tJ PUBLIC HEARINGS SA. There are no public hearings scheduled for September 27, 2005. END OF PUBLIC HEARINGS 6. COUNTY AnORNEY Resolution No. 05-368 - Adopting Impact Fee Report by James C. Nicholas, Ph.D. - Consider staff recommendation to approve Resolution No. 05-368 and authorize the Chairman to sign the Resolution. '-' -...J CONSENT AGENDA I. WARRANTS LIST Approval of Warrant List Nos. 52 2. COUNTY AnORNEY A. Resolution No. 05-365 Extending the State of Emergency for Hurricane Frances; and, Resolution No, 05-366 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-365 and Resolution 05-366 and authorize the Chairman to sign the Resolutions. B. Resolution No. 05-371 MSBU Financial Hardship Assistance Program - Staff recommends correction of scrivener's error and renumbering of Resolution No. 05-347 MSBU Financial Hardship Assistance Program to Resolution No, 05-371. C. Airport Industrial Par\:? - Release of Reverter in October 10, 1962 Deed from St, Lucie County to Fort Pierce Port and Airport Authority - Consider staff recommendation to approve the Release of Reverter for the Airport Industrial Par\:?, and authorize the Chairman to execute the Release. D. Teamsters Local Union No. 769 - Collective Bargaining Agreement - Consider staff recommendation to approve the proposed Collective Bargaining Agreement with Teamsters Local Union No. 769, and authorize the Chairman to sign the agreement, subject to ratification of the proposed agreement by the bargaining unit. E. Wee\:?end Wor\:? Program - Fourth Amendment to March 4, 1997 Interlocal Agreement with the Sheriff _ Consider staff recommendation to approve the proposed Fourth Amendment and authorize the Chairman to sign the Amendment. J. PUBLIC WORKS A. Code Enforcement Division - Request approval from the Board of County Commissioners to accept proposal from Municipal Software not to exceed $37,240.00 - Consider staff recommendation to authorize equipment request No. 06-208, Budget Amendment BA06-100, and the proposal from Municipal Software to pay for the Collection of County Impact Fees from the City of Port St, Lucie. B. Engineering Division - Public Hearing - Florida Rod~ Mine - South Plant mining permit application (Renewal) - Consider staff recommendation to approve a public hearing date of November 1, 2005 at 6:00 p.m. or as soon there after to consider the request of the Florida Roc!:? Mine - South Plant mining permit application. C. Engineering Division - Award construction materials testing to Dun!:?elberger Engineering & Testing for the Indian River Drive Phase II Project - Consider staff recommendation to award construction materials testing to Dun!:?elberger Engineering & Testing for the Indian River Drive Phase \I Project in the amount of $90,098.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. D. Engineering Division - Wor!:? Authorization No.3 - Contract No, C03-09-708 with Inwood Consulting Engineers, Inc. - Consider staff recommendation to approve Wor!:? Authorization No.3 (Contract C03- 09-708) with Inwood Consulting Engineers, Inc. for engineering services for the Weatherbee Road and U.S. 1 Intersection Improvements project in the amount of $6,600.00. CONSENT AGENDA SEPTEMBER 2.7, 2.005 PAGE TWO '-' ....., PUBLIC WORKS CONTINUED E. Resolution No. 05-370, Equipment Request EQ No. 05-377, and Budget Amendment No. BA05-194 to purchase a 2006 Freightliner Dump True!:? from Freightliner for $ 89,761.58 for the Road & Bridge Drainage Operations Section - Consider staff recommendation to approve Resolution No. 05-370, EQ No. 05-377 and Budget Amendment No. BA05-194 for the purchase of a 2006 Dump True!:? from Freightliner for a total amount of $ 89,761.58. 4. HUMAN RESOURCES A. Catastrophic Inmate Medical Expense Payment - Consider staff recommendation to approve Resolution No. 05-360. B. October Cost of Living (COLA) increase - Consider staff recommendation to approve the 3% increase effective October 2, 2005, for non-bargaining and bargaining full time and part time with limited benefits employees. 5. SOLID WAITE A. Purchase of third baler for the Solid Waste Baling & Recycling Facility as a sole source from Sierra International Machinery, LLC. - Consider staff recommendation to approve the purchase of the 3'd baler for the Solid Waste Baling & Recycling Facility as a sole source from Sierra International Machinery, LLC, This item was approved in the 2005-06 Budget process. The total cost of the baler is $1,208,36200. B, Amendment No.1 to the CDM proposal for professional services related to the design, permitting, and construction services for the Scale House at the Glades Road Baling Facility - Consider staff recommendation to approve Amendment No.1 to CDM proposal for professional services related to the design, permitting, and construction services for the Scale House at the Glades Road Baling Facility, The original Agreement is revised from a cost of $136,300.00 to a lump sum of $555,000,00. e. LIBRARY State Aid to Libraries Grant - Consider staff recommendation to authorize the Chairman of the Board to sign two (2) copies of the application, at the time of approval, for the State Aid to Libraries Grant Application. Approve the library's FV05/06 annual plan of service, Do not date the application - the date will be added once the original application is signed in Tallahassee. 7. INVESTMENT FOR THE FUTURE Approval to purchase a new van to be used by the Information Technology Department - Consider staff recommendation to approve the purchase of a new (2005/2006) van that will be used by the Information Technology Department. 8. PURCHASING A. Award Bid No, 05-088 - Savannas Maintenance Building - Consider staff recommendation to award Bid No. 05-088 - Savannas Maintenance Building to Hennis Construction Company, Inc. for a total amount of $149,000.00 and grant permission for the Chairman to sign the contract as prepared by the County Attorney. CONSENT AGENDA ~ SEPTEMBER 2.7, 2.005 PAGE THREE ~ . PURCHASING CONTINUED B. Bid No. 05-094 - Subdivision No.1 Mowing Contract - Consider staff recommendation to award Bid No. 05-094 - Subdivision No, 1 Mowing Contract to the lowest responsive and responsible bidder, Accolades Services for a total amount of $76,750,00 and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Bid No. 05-095 - Subdivision No.2 Mowing Contract - Consider staff recommendation to award Bid No. 05-095 - Subdivision No. 2 Mowing Contract to the lowest responsive and responsible bidder, Accolades Services for a total amount of $205,000.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. D. Award RFP No. 05-070 - Space Needs Study - Consider staff recommendation to award RFP No. 05- 070 - Space Study Needs to the highest ran~ firm Institute for Law & Policy Planning for an amount not to exceed amount of $130,000.00 E. Bid No. 05-096 - Subdivision No.3 Mowing Contract - Consider staff recommendation to award Bid No, 05-096 - Subdivision No.3 Mowing Contract to the second lowest bidder, Treasure Coast Lawns, Inc. for a total amount of $189,150.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. F, Bid Waiver and sole source declaration for the purchase of Southeast Eagle Blend Seed from Lesco Inc. for the Par~ & Recreation Department - Consider staff recommendation approve the bid waiver and sole source declaration for the purchase of Southeast Eagle Blend Seed from Lesco Inc. for the Par~ & Recreation Department. 9. CENTRAL SERVICES Downtown Judicial Complex Chiller Plant - Edlund Dritenbas Bin~ley Architects - C03-08-S20 - Amendment No. 2 to Wor~ Authorization No. 10 - Consider staff recommendation to approve Amendment No. 2, to Wor~ Authorization No. 10, C03-08-520, Edlund Dritenbas Bin~ley Architects, for the services of Carter & Associates, Consulting Engineers and Land Surveyors, for additional engineering and surveying services for the Cler~ of Courts Chiller Plant at a cost of $11,750.00 and authorize the Chair to sign the Amendment as prepared by the County Attorney, 10. MANAGEMENT AND BUDGET A. Early Redemption of Special Assessment Improvement Bonds - Bec~er Road MSBU Series 1996 King Orange MSBU Series 1996 - South Hutchinson Island-North District Wastewater System Series 1998 _ South Hutchinson Island -North District Wastewater System Series 1998A - Consider staff recommendation to approve the early full and partial redemption of the following: (1) $1,860,000 St. Lucie County, Florida, Special Assessment Improvement Bonds, Series 1996 (Bec~er Road MSBU); (2) $14,920,000 St. Lucie County, Florida, Special Assessment Improvement Bonds, Series 1998 (South Hutchinson Island Wastewater System); (3) $910,000 St. Lucie County, Florida, Special Assessment Improvement Bonds, Series 1998A (South Hutchinson Island - North District Wastewater System); (4) $230,000 St. Lucie County, Florida, Special Assessment Bonds, Series 1996 (King Orange MSBU); at par, as recommended by RBC Dain Rauscher, Mr. Nate Ec~loff, Managing Director and Mr. Wess Bradish, Associate, Legal Advisor to the County, and as outlined above, CONSENT AGENDA SEPTIMBER 27, 2005 PAGE FOUR '-' ....,¡ MANAGEMENT AND BUDGET CONTINUED B. Purchase of Microsoft Enterprise License for Courts Administration for $106,445.00 - Consider staff recommendation to approve the purchase of the Microsoft Enterprise License. tI. PARKS AND RECREATION A, Lease Agreement - Katherine England/Savannas Recreation Area - Consider staff recommendation to approve the first amendment to the lease agreement with Katherine England for living space at the Savannas Recreation Area and authorize the Chairman to sign the amendment. B. 28th NATIONAL BIKE ROUND UP - St. Lucie County Fairgrounds - Consider staff recommendation to grant a special permit for the relief of the noise and vibration limits in Chapter 1-13, Saint Lucie County Code of Ordinances, for the 28th National Bil?e Round up to be held at the St, Lucie County Fairgrounds for the period of July 31-August 6, 2006, based upon the following findings: (1) the activity will be of a temporary duration and cannot be done in a manner that would comply with Chapter 1- 13, and (2) no other reasonable alternative is available. '12. GROWTH MANAGEMENT A. Approve First Amendment to Contract No. C04-03-132 with Craig Richardson and Clarion Associates - Consider staff recommendation to approve Amendment No. 1 to the consulting agreement with Clarion Associates and authorize the Chairman to sign the First Amendment. B. Request of Brant Shirard, Jr., for final plat approval for the project Imown as Shirard Estates Subdivision, Phase II, The project is located on property on the east side of Pulitzer Road. approximately 1 mile south of Orange Avenue in the AG-5 (Agricultural - 1 dU/5 acres) Zoning District - Consider staff recommendation to Approve the final plat of Shirard Estates, Phase II SID and authorize its final execution. 'II. ADMINISTRATION Children's Services Council- Staff recommends submission of the two additional applicants (Toby Philpart and Queen Townsend) to the Office of the Governor, for consideration for the Children's Services Council appointment. -.., ANNOUNCEMENTS September 27, 2005 '-I , 1. Meeting Changes; · October 4, 2005 Board of County Commissioners meeting is at 9;00 a.m. · October 11, 2005 Board of County Commissioners meeting is at 6;00 p.m. · November 15, 2005 Board of County Commissioners Reorganization meeting will be at 9;00 a.m. · The December 27, 2005 Board of County Commissioners meeting is canceled. 2. The St. Lucie County Growth Management Department will hold a meeting to present the results of the April 23, 2005 community worRshop regarding the future of the White City Midway Road area on Wednesday, September 28, 2005 at 7;00 p.m. in the White City Elementary School Cafeteria located at 905 West 2nd Street, Fort Pierce, Florida. 3. The Board of County Commissioners, St. Lucie County, Florida, is currently seeRing applications from persons desiring to be nominated for appointment by the County Commissioners to serve on the St. Lucie County Code Enforcement Board. Interested persons can obtain an application from the County Administration Office, 2300 Virginia Avenue, Fort Pierce, FL 34982. The deadline for submission is October 14, 2005 for more information call 772-462-1156. 4. The Board of County Commissioners will hold a Public Hearing on the FPL Site Plan on, October 25, 2005 at 6;00 p.m. in the County Commission Chambers. 5. The Board of County Commissioners will hold a Public Hearing on the TVC Element Amendment on Monday, October 17, 2005 at 6;00 p.m, in the County Commission Chambers. 6. The Board of County Commissioners, City of Fort Pierce Commission, and the City of Port St. Lucie Council will hold a Joint Meeting on Friday, February 3, 2006 at 2;00 p.m. in the County Commission Chambers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Manager at (772) 462-1m or TOO (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. '-' -...I JI. Lude COlin I, MO$quito Control District Paula A. Lewis, Chai,man Joseph E. Smith, Vice Chal,man Doug Cowa,eI F,annle Hutchinson Ch,is Craft District: No. I Dlst,lct No. 'I District No. :I Dlst,lct NO.4 Dlst,lct NO.5 AGENDA leptemb., :17, :1005 'I. MINUTES Approve the minutes from the meeting held on September 13, 2005. z. GENERAL PUBLIC COMMENT CONIENT AGENDA 'I. WARRANTS Lln Approve warrants List No. 50 and 51 Z. COUNTY AnORNEY Impoundment No.3 Wetland Restoration - Wor~ Authorization No. 19 with Hazen and Sawyer Engineering, P.C, - Consider staff recommendation to approve proposed Wor~ Authorization No. 19 with Hazen and Sawyer Engineering, P,C" and authorize the Chairman to execute the Wort? Authorization. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Boord 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 Manager at (m) 462-1m or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. \.f \wJ St. Lucie COlnt, E,o$ill Conirol District Frannie Hutchln.on, Chalr...an Chris Craft, Vice Chalr...an 'o.eph E. Smith Doug Coward Paula A. Lewis District No. . District No.5 District No. t District No.2 District No. J AGENDA Septe...ber 2'1, ZOOS t. MINUTES Approve the minutes from the meeting held on September 13, 2005. :Ie GENERAL PUBLIC COMMENT CONSENT AGENDA t. WARRANTS LIST Approve Warrants List No. 50 and 51 :Ie PUBLIC WORKS - EROSION litO A. Artificial Reef Grant Program: Acceptance of a $60,000.00 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef construction - Consider staff recommendation to accept a $60,000.00 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef construction, approve the attached grant agreement with FWC and execution of said grant agreement by the Chairperson. B. Artificial Reef Grant Program: Acceptance of a $25,000,00 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef monitoring - Consider staff recommendation to accept a $25,000.00 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef monitoring, approval of the attached grant agreement with FWC and execution of said grant agreement by the Chairperson, C. RFP No. 05-086 for Professional Marine and Engineering Consulting Services for Artificial Reefs: Approval of rant?ing and permission to negotiate with the three top rant?ed firms - Consider staff recommendation to approve the rant?ing and permission to negotiate with the top ran Red three firms and allow Contracts to be brought bact? to the Board for approval. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Manager at (772) 462-1m or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. -, '-" ,.." BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA September 2'1, 2005 CONSENT AGENDA CAt. ADMINISTRATION Planning & Zoning Commission Appointment - Consider staff recommendation to ratify Commissioner Smith's appointment of Mr. Craig Mundt to the Planning & Zoning Commission. REGULAR AGENDA RAI. COUNTY ATTORNEY Resolution No. 05-120 Utility Consolidation Resolution recommendation to adopt Resolution No. 05-120 as drafted. Consider staff RA2. COUNTY ATTORNEY Update by Heather Young, Assistant County Attorney on the Code Violations issued by the City of Fort Pierce on ChuclÙ Seafood. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Manager at (772) 462-1m or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. '- '-' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA TENT A TIVE BUDGET PUBLIC HEARING Date: September 15,2005 Convened: 5:10 p.m. Adjourned: 7:05 p.m, Commissioners Present: Frannie Hutchinson, Chairperson, Paula Lewis, Christ Craft, Doug Coward, Joc Smith Others Present: Doug Anderson, County Administrator; Ray Wazny, Assistant County Administrator; Faye Outlaw, Assistant County Administrator; Dan McIntyre, County Attorney; Pete Keogh, Parks and Recreation Director; Don West, Public Works Director; Beth Ryder, Community Services Director; Jack Southard, Public Safety Director; Marie Gouin, Management and Budget Director; Jim David, Mosquito Control Director; Ed Parker, Purchasing Director; Mike Pawley, County Engineer; Roger Shinn, Central Services Director; Dennis Wetzel, Infonnation Technologies Director; Paul Hiott, Veterans Services Director; Susan Kilmer, Library Director; Ken Mascara, Sheriff; Leo Cordiero, Solid Waste Director; Vanessa Bessey, Environmental Lands; Mike Bowers, Utilities Director; Scott Herring, Road and Bridge Director; Lauri Heistennan, Deputy Clerk 1. The Management and Budget Director reviewed the agenda. 2. Public Hearing on the Tentative Budget for Fiscal Year 2005-2006- The purpose of the public hearing is to adopt a Tentative Millage Rate and Budget. PUBLIC COMMENT Joan Darella, 1649 SW Avington, Pt St. Lucie addressed the Board. She complimented the staff She asked the Board not to adopt the proposed budget. She voiced her concerns on the assessed value of her property and the taxes. She stated that the mi1lage rate should be reduced. Craig Munt, North Hutchinson Island addressed the Board. He voiced concerns with the Sheriff s current budget. He stated that the Sheriff wanted new road patrol deputies. He asked if the Board had reached an agreement with the Sheriffs Department. Commissioncr Hutchinson stated that the Board had requestcd a proposed plan. Doug Anderson stated that the Board had requested a proposed plan for pod 2 and to generate additional revenue. He stated that they had not received the plan. Commissioner Coward stated that the Sheriff was given 4 Y2 million dollars more than was given last year. He stated that the Board did not eliminate specific positions fÌom the Sheriffs budget. The Sheriff was given a 912 increase over last years budget. He stated that ifthe second pod opened up there is additional capacity, which would provide for additional revenues. The additional revenue could be used to help give the Sheriff additional funds. Bill Anderson, 205 Everglades Blvd, Stuart addressed the Board. He voiced his concerns with the assessed value and his property taxes. 1 \w' ...., Frannie Hutchinson stated that changes do need to be made, however they must be done at the State level. Denise Cannon 2620 8W Cameo Blvd, Pt. 8t. Lucie addressed the Board. She voiced her concerns with the millage rate, the assessed value and property taxes. Doug Anderson stated that in 2006 the millage was lowered to 7.6183, which is a decrease of.2 mils. He stated that 50% of the increase in tax dollars coming into the County is not going to operations they are going to hurricane recovery. Over a two year period taxes have been reduced by 67 dollars. ' Commissioner Craft stated that when industry is brought into the County then the County will tax them and will then be able to pass the savings on to the citizens. Frank So sapone, 215 SW Fern1eafTrail, Pt. St. Lucie addressed the Board. He voiced his concerns with the assessed value and property taxes. Commissioner Lewis stated that it is market driven. Richard Williams, Kearegan Terrace, Pt. St. Lucie addressed the Board. He voiced his concerns with the assessed value and property taxes. Commissioner Hutchinson stated that this Board has not increased the millage. She stated that many ofthe residents were from Pt. St. Lucie, and the City did not drop there millage rates. She recommended everyone looking to the State level to try and make some changes with the laws. Commissioner Coward stated that this Board had reduced the tax rate over the last couple of years. He stated that all of the Boards needed to lower the tax rate in order to be able to offer some relief. Frederick Jackson addressed the Board. He commented on the Sheriffs budget. He addressed the crowding due to violation of probation. He also voiced his concerns with public safety. Doug Anderson reviewed the Rocket Docket. Commissioner Hutchinson stated that they had received the CO on the new jail pod, which will help relieve the overcrowding Ed Henson 103 South Shore Road, Stuart, addressed the Board. He voiced his concerns with the assessed value and property taxes. Mary Phillips 6201 Ft. Pierce Blvd, Lakewood Park addressed the Board. She voiced her concerns with the assessed value and property taxes. Commissioner Coward stated that the Property Appraiser gave out 1 billion dollars of valuation decreases in St Lucie County. John Reitkin Pt. St. Lucie addressed the Board. He voiced his concerns with the assessed value and property taxes. Maryann Keyback, Pt. St. Lucie addressed the Board. She voiced her concerns with the assessed value and property taxes. Patricia Gorden, 3601 SW Cromery, Pt. 8t. Lucie, addressed the Board. She voiced her concerns with property taxes. 2 ~ ....." Unintelligible speaker addressed the Board. He voiced his concerns with taxable value. He questioned the millage rate. Commissioner Hucthinson stated that the Board had proposed a .2% decrease in the millage rate. She stated that on the tax bill the only thing that the Board has control over is strictly items listed under County. Commissioner Craft stated that the new people coming into the County are having greater impacts on the roads county wide. As more money is collected more money has to be paid out. Bob Cusak, 3951 SW Cherry Vine, Pt. St. Lucie, addressed the Board. He voiced his concems with property taxes. He stated that even with homestead the taxes still go up 3%. Commissioner Hutchinson asked what the increase in the budget was. Doug Anderson, stated that construction costs went up 40% this year. He informed the Board that they were having a study of impact fees conducted to increase them. Growth does not pay for itself. 50% of funds are going into the hurricane recovery. The total budget went up 6%. Commissioner Coward stated that the County is in the position where they are going to lose impact fees. The Pt. S1. Lucie City Council has decided to pass an Ordinance to stop S1. Lucie County from having the ability to collect impact fees from new development. Aprior speaker addressed the Board. He asked who hc could go to, to addrcss the tax bill. He rccommended lobbying. Commissioner Hutchinson stated that the different places and agencies are listed on the tax bill. She informed the speaker that he would have to address his concerns with each individual agency. The only other way to address this would be to come together and do a grass roots effort to get some state legislation proposed to start changing. Commissioner Coward stated that this was a reasonable request. He stated that the tax payers needed some reassurance that the Board will take a more aggressive step. He stated that the people being affected were the newer residence that are not protected by homestead or the 3% cap. Commissioenr Hutchinson stated that the County already has a lobbyist on staf£ It was moved by Commissioner craft and seconded by Commissioner Coward to work with a lobbyist to lobby the state to level out the valuation process; and upon roll call motion carried unanimously. Jennifer Jackson, Pt. S1. Lucie addressed the Board. She voiced her concerns with taxes. Rob Barton detective with the S1. Lucie County Sheriffs office addressed the Board. He supported the Sheriffs office. He recommended to continue building. He stated that they needed more help on the road. Robert Heff, Pt. St. Lucie addressed the Board. He voiced his concerns with the property taxes. He asked for the Boards support through the lobbyist. He stated that the impact fees are 10 thousand dollars. Commissioner Coward advised the speaker that the impact fees were 6 thousand dollars. 3 '-' ...,¡ Doug Anderson stated that the impact fee is paid when you obtain the permit for your house. Commissioner Hutchinson stated that the Board has been very dedicated on lowering the tax rates. She also stated that there was a unanimous vote to move forward and go to the state level to help start any type of grass roots. She requested that anyone that want to pursue this to call her office. Katherine McAkron, 1860 Bar Harbor Drive addressed the Board. She praised the Sheriffs office and requested more deputies. Ron Churchill 400 N. FF A Road, Ft Pierce, addressed the Board. He stated that he was in favor of casinos and gambling. A previous speaker addressed the Board. He recommended the homestead exemption be increased to $50, 000. Commissioner Hutchinson stated that there had been discussion at the state level in the past to increase the excmption. A prcvious spcakcr rccommcndcd a lottery evcry month. He also recommended stopping building pennits. A previous speaker addressed the Board. She recommended that the homestead law be challenged. Commissioner Smith thanked the public for their participation. 3. A discussion on the rolled back rate was held. The Management and Budget Director advised the Board of the rolled back rate of7.1748. She reviewed page A-II of the budget book. She stated that the increase in aggregate millage over rollback is 18.45%. The rollback rate is 7.1748. The aggregate mill ages for 2004-2005 was 8.7533, the rollback rate for 2005-2006 is 7.1748, the proposed aggregate millage rate is 8.4984, which is a decrease of .2549. The increase over rollback aggregate millage is 1.3236 and the percent increase in aggregate millage over roll back is 18.45%. She stated that last year the Board also decreased the millage by .1368. This proposed budget the millage rate is .2. 4. The Management and Budget Director commented on the Errata and Substantive changes. She stated that the utilities had 10 million dollars in changes for the consolidation. Commissioner Coward referred to page 3 of 8 under item 20 central services. He stated that the fund balance forward is typically those that are anticipated and dealt with during the budget process. He asked ifthis was additional revenue beyond what was discussed by the Board during the budget process. Marie Gouin stated that it was new fees and fund balance. 5. The following are the millages and budgets under the Board of County Commissioners: A Marie Gouin read the millages as outlined below. Operating Funds with Millages: Millage Budget General Fund Fine and Forfeiture Fund 4.2619 2.9807 97,336,770 59,386,839 4 "-' DEPENDENT DISTRICTS: Millage Budget Mosquito Control District Fund 0.2757 4,763,905 Mosquito State I 45,191 Erosion District Zone E 0.1000 5,741,933 DEBT SERVICE FUNDS: Environmental Land I & S 0.1154 2,416,184 Port I & S 0.0216 594,329 South County Regional Stadium 54,406 Communication System I & S 1,221,287 5 Year Building Bond I & S 9,102,867 County Capital I & S 178,758 Becker Road I & S 519,592 Beach Bond I & S 0 Impact Fees I & S 262,163 Capital Projects I & S 3,192,710 Tourism Dev. 4th Cent I & S 1,056,359 River Branch I & S 40,064 State Revenue Sharing Bonds I & S 3,251,910 OTHER FUNDS WITHOUT MILLAGES: SPECIAL REVENUE FUNDS: Transportation Trust Fund 79,680,479 Grants and Donations 625,182 Library Special Grants Fund 202,326 Additional Court Costs 0 Drug Abuse Trust Fund 31,440 Port and Airport Fund 20,215,985 Port MSBU 101,439 Plan Maintenance R.A.D 302,479 Sill Ccnt Tourist Dcvcl. Fund 588,497 Court Facilities Fund 2,493,142 Court Facilities Fund-Court Costs 149,828 Court Administration 19th Circuit 2,080,725 Housing Finance Authority 49,286 Environmental Lands 0 Housing Assistance Ship Program 1,754,118 Boating Improvement Projects 510,950 Bluefield Ranch Improvement Fund 107,428 CAPITAL OUTLAY FUNDS: South County Regional Stadium 0 Beach Bond 227,997 Impact Fees Fund 21,021,423 5 Year Building Bond Fund 11,156,836 County Capitn] St Revcnue Share Bond 12,580,000 COllnty & Transportation Cnpital 21,020,439 Lakewood Park Capital Fund 0 Port Development Capital 0 SRI Wastewater Treatment 0 Sports Complex Improvements 315,156 MSBU In Rouse Loan Funds 620,833 Environmental Land Capital 2,068,052 Treasure Cove/Ocean Harbor Capital 2,916,388 Lennard Road MSBU Road Capital 159,633 Lennard Road MSBU Water Capital 58,626 5 .¡ ..... ..J Lennard Road MSBU Sewer Capital Grey Twig MSBU Capital 45,441 o ENTRPRISE FUNDS: Budget Solid Waste Operations Golf Course Sports Complex Building Code Fund HEW Utilities No. Hutchinson Utilities No. Hutchinson Utilities Renewal/Repl. No. Hutchinson Utilities Capital So. Hutchinson Utilities So. Hutchinson Fund R & R Fund Holiday Pines Operations Holiday Pines Renewal/Repl. Holiday Pines Capital Airport Utilities District/Capital 28,448,889 1,873,813 1,924,752 5,284,628 121,131 2,895,431 233,469 1,537,250 2,261,119 408,550 1,752,744 123,286 3,675,725 191,750 INTERNAL SERVICE FUNDS; Insurance & Loss 17,532,230 TRUST Two Cent Tourist Development One Cent Tourist Development Law Enforcement Trust Fund Law Library Arts in Public Places Trust Fund SLC Economic Dev. Trust Fund FFA Road MSBU Fund (Debt Service) South Hutchinson Fund (Debt Service) Driftwood Manor Fund (Debt Service) King Orange MSBU (Debt Service) Lost Tree Estates MSBU (Debt Service) Anita Street MSBU (Debt Service) Timberlake Estates MSBU (Debt Service) Briargate Estates MSBU (Debt Service) Rouse Road MSBU (Debt Service) North AlA MSBU (Debt Service) Ideal Holding Road MSBU (Debt Service) Westglen MSBU (Debt Service) Raintree Forest MSBU (Debt Service) River Branch Est. MSBU (Debt Service) Grey Twig MSBU (Debt Service) Treasure Cove/Ocean Harbor King Orange 2 MSBU Skylark 2 MSBU Reve1s Lane MSBU 1,071,110 731,956 227,880 460,692 800,642 276,684 o 3,850,621 30,524 52,849 11,705 9,400 46,746 3,077 72,364 10,097 61,414 45,747 7,409 o o 74,344 9,975 7,731 12,979 4B Board discussion of the millage and the budget under the County Commission. There was not Board discussion 4C It was moved by Commissioner Craft and seconded by Commissioner Smith ., to adopt the millages for funds under the County Commission as published in the budget as listed, and; upon roll call, motion carried unanimously. 6 -. -- .,J 4D It was moved by Commissioner Coward., seconded by Commissioner Craft ., to approve the budget for funds under the County Commission as listed, and; upon roll call, motion carried unanimousl) G. MILLAGES AND BUDGETS OF THE SPECIAL DISTRICTS READING OF THE MILLAGES FOR THE SPECIAL DISTRICTS The Management and Budget Director read the millages as listed A. STREET LIGHTING DISTRICTS Millage Budget # 1 River Park I # 2 River Park II # 3 Harmony Heights 3 # 4 Harmony Heights 4 # 5 Sheraton Plaza If 6 Sun land Gardens # 7 Sunrise Park # 8 Paradise Park # 9 Holiday Pines # 10 The Grove # 11 Blakely Subdivision # 12 Indian River Estates # 13 Queens Cove # 16 Palm Grove # 126 Southern Oaks 0.3270 0.5949 0.9142 0.7250 1.0108 0.5740 0.8148 0.9005 0.2238 0.1240 1.9990 0.1004 0.0829 0.5360 0.5329 49,587 10,312 4,567 9,368 10,000 10,560 3,280 12,150 15,415 3,867 2,120 16,762 5,659 13,570 3,243 6B Board discussion of the Millage and the Budget There was no Board discussion 6C It was moved by Commissiolner Lewis, seconded by Commissioner Smith, to adopt the millage for funds for the special districts as listed, and; upon roll call, motion carried unanimously. GD It was moved by Commissioner Coward, seconded by Commissioner Craft to adopt the budgets for fund for the Special Districts as listed, and; upon roll call, motion carried unanimously. 7. MILLAGES AND BUDGETS OF THE MUNICIPAL SERVICE TAXING DISTRICTS 7A READING OFTHE MILLAGES FOR THE MUNICIPAL SERVICE TAXING DISTRICTS The Management & Budget Director read the millages for the municipal service taxing districts as listed. Millage Budget Unincorporated Area MSTU (Comm. Dev.) Storm Water MSTU Law Enforcement MSTU Parks MSTU Transit MSTU Monte CarlolMeadowwood Lighting MSTU #4 Palm Lakes Gardens MSTU Pine Hollow Street Lighting MSTU Kings Highway Industrial Park Lighting 0.5256 0.4108 0.3544 0.2500 0.0900 0.4579 0.1956 4,938,791 12,438,475 2,415,867 21,006,277 2,039,443 28,495 2,889 11,700 19,291 7 '--' ... 7B. Board Discussion of the Millage and the Budgets for the MSTU's. There was no Board discussion 7C. It was moved by Commissioner Craft, seconded by Commissioner Smith, to adopt the millages for the MSTU's as listed, and; upon roll call, motion carried unanimously. 7D. It was moved by Commissioner Coward, seconded by Commissioner Craft, to adopt the budgets for the MSTU's as listed, and; upon roll call, motion carried unanimously. 8. RESOLUTION NO. 05-330 FIXING THE FY 2005-2006 TENTATIVE MILLAGE RATES It was moved by Commissioner Smith, seconded by Commissioner Lewis., to adopt Resolution No. 05-330, and; upon roll call, motion carried unanimously. 9. RESOLUTION NO. 05-331 FIXING THE FY 2005-2006 TENTATIVE BUDGETS It was moved by Commissioner Smith, seconded by Commissioner Craft, to approve Resolution No. 05-331, and; upon roll call, motion carried unanimously. Commissioner Craft thanked staff and the citizens that came to the meeting. Doug Anderson stated that tomorrow, letterswill be sent to builders and banks explaining the collection process. A public records request will be handed to the City of Pt. St. Lucie requesting weekly building pennits. Every week here after this infonnation will be requested. At the September 22, 2005 Board of County Commissioners budget public hearing $300,000 budget wìll be presented to the Board for approval. The revenue will come from 4% administration fee that the City ofPt S1. Lucie previously received. At the September 20,2005 Board of County Commissioners meeting, staff will be recommending that two Senior Accounting Clerk positions be created. The positions are part ofthe $300,000 budget. Commissioner Hutchinson concurred with Doug Anderson. She advised staff to move forward. There being no further business the meeting was adjourned at 7:05 p.m. -------------------------------- Chairman, Board County Commissioners ------------------------------ Clerk Circuit Court 8 ......., .., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 20, 2005 Tape: 1-3 Convened: 6:00 p.m. Adjourned: 9:30 p.m. Commissioners Present: Chairperson, Frannie Hutchinson, Doug Coward, Paula A. Lewis, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Mike Brillhart, Special Projects Director, Pete Keogh, Parks and Rec. Director, Mike Bowers, Utilities Director, Ed Parker, Purchasing Director, Roger Shinn, Central Services Director, Jack Southard, Public Safety Director, David Kelly, Planning Manager, Mike Pawley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting held September 13, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 05-316- Proclaiming the Fourth Monday in September 2005 as "Family Day" A Day to East Dinner with your Children" in St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 05- 316, and; upon roll call, motion carried unanimously. B. Resolution No. 05-358- Proclaiming the month of September 2005 as "Alcohol and Drug Addiction Recovery Month 2005" in St. Lucie County, Florida. It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 05- 358, and; upon roll call, motion carried unanimously. C. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS Mr. ('l1ris Ilulllphreys, Sandalwood resident, addressed the Board regarding till: roller skatillg rillk ill Il1e arc:!. I k asked the Board's assislallce in attemptillg to make Il1e eslahlisl1l1lCl1t lower (lie vihratiol1s coming li'olll the rink on Friday and S<tturd<tys. Mr. Greg Rosslow, 20 I Hartman Road resident, addressed the Board regarding the noise and the code. Mr. Dennis Bunt, Asst. Code Compliance Manager addressed the comments made by the residents and stated his staff has visited the establishment on various occasions and according to the code they have not violated the volume levels. Mr. Pierre La Violet, area resident, addressed the Board regarding the vibrations being felt from the musie at the rink and stated he could not have guests spend the night due to the noise. 1 '-' ....., Sheriff Ken Mascara addressed the Board and stated the establishment is not going beyond the volume levels but are eX'ceeding the vibration levels and suggested reviewing the ordinance. The County Attorney suggested going to a heightened standard and suggested this idea be reviewed. Ms. Carrie Rowe, Sandalwood resident, addressed the Board regarding the facility pennitting the kids roam around. She observed in the morning small bags all over her yard. Mr. Todd Thomas, Sandalwood resident, addressed the Board regarding the noise leve]s. Com. Smith commented on his visit to the area and stated the owner of skatetown and the residents need to come to a common ground. Com. Coward suggested strengthening the existing ordinance. It was the consensus of the Board to agenda this item for discussion at the next Board meeting and requested staff bring back recommendations as to what steps can be taken and also provide the necessary backup. Mr. John Arena, Ft. Pierce resident, addressed the Mega Yacht Industry. Mr. Charles Grande, Local Planning Agency thanked Com. Craft for attending the meeting and stated they would be coming back with positive changes. Mr. Paul Scholl, area resident, addressed the developments outside the Urban Service BOlIIH.I:lry and asked the Board i r they knew how many were in the process. Com. Hutchinson stated they did not know that figure. Mr. Steve Tierney, Ft. Pierce addressed the Board and questioned the width of the right of ways and what would happen if additional right of way would be needed to construct a road and they would not be able to obtain or have the additional footage for the paving requirement. The County Engineer stated they could only impose the rule on the portion each developer controls. The County Attorney stated in the paving requirement section there is a provision for a waiver of the paving requirements in certain instances. In some instances as fair share contribution agreement is entered upon. 4. CONSENT MJEND^ It was moved by Com. Craft, seconded by Com. Smith to approve the Consent Agenda with item CIO pulled and the additions ofCAI-CA2 and CA3, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 51. 2. COUNTY ATTORNEY A. Resolution No. 05-345 Extending the State of Emergency for Hurricane Frances and Resolution No. 05-346 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-345 and 05-346. 2 oo~ 00~156 001165 001166 00~~68 001289 00~290 00~293 00~294 001298 00H02 00~814 101 101003 ~01106 101213 101215 102 102001 105 107 107001 107002 107003 107006 109 140 140001 160 183 183004 183006 185005 185006 187 310003 3~5 3~6 31620~ 37004 382 39007 396 401 418 421 441 448 '-" 09/16/05 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #51- 10-SEP-2005TO 16-SEP-2005 FUND SUMMARY FUND TITLE General Fund FTA USC Seeton 5307 Oper. Assist, CSBG Grant FY05 Section l12/MPO/FHWA/Planning 05 Urban Mobile Irrigation Lab 04/05 FDOT Trans Buses and Infrastructure CTD Medicaid Non Emerg. Trips TDC Planning Grant FY 05 FDCA/EMPA 2005 FL Cultural Support Program FY05 Hurricane Impact Marketing Floridian Aquifer Well MOnitoring N Transportation Trust Fund Transportation Truat/Local Option USDA (NRCS) Emergency Watershed Prt FDOT 25th St. Widening FDOT Traffic Signal System Grant Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fino & Forfoiture Fund-E91l Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology Drug Abuse Fund Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litam Fund FHFA SHIP FY04/05 FHFA SHIP FY05/06 Boat'ing Improvement Projects Impact Fees-Public Buildings County Building Fund County Capital FDEP/FRDAP Savanna Rec Phase II Grey Twig Lane MSBU Environmental Land Capital Fund Indian River Estates MSBU Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund I ./ EXPENSES 410,165.20 25.08 7,073.38 70,980.38 15.40 1,315.46 52,682.00 9.70 3,987.72 1,987.00 18,243.00 16.82 36,681.96 550.00 4,200.00 ~76,426.03 495.00 37,972.35 23,033.52 3,599.36 65,850.67 1,197.29- 19,158.55 3,977.99 2,796.58 56.96 97,403.93 6.41 5,162.82 806.22 35.20 185.89 0.00 688.03 325.00 451,668.96 23,956.24 9~,091.16 14,940.00 13,801. 00 1,293.64 3,581.86 192.50 210,466.13 9,553.70 104.54 440,160.24 1,830.69 -...I PAGE PAYROLL 6,355.11 0.00 2,386.80 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 4,703.04 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 40,293.40 0.00 0.00 1,006.72 1,165.64 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,040.49 0.00 471.30 1,767.30 353.46 1 t 09/16/05 FZABWARR FUND 119 151 158 461 471 478 479 481 489 491 505 505001 611 625 '-" ST. LUCIE COUNTY - BOARD WARRANT LIST #51- 10-SEP-2005 TO 16-SEP-200S FUND SUMMARY TITLE NJII Util - Capital Facilities Fund S. Hutchinson Utilities Fund SIT Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Uti1 Dist-Renewa1 & Replace No Cty Uti1 Dist-Capita1 Facilities Airport Utilities District Airport Uti1 - Capital Fac Fund Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 7.30 20,611.26 4.77 23,585.75 341,934.61 1.26 8.52 5.24 0.20 7,494.58 106,391.76 24.20 544.88 48,984.59 2,856,955.92 ..."." PAGE PAYROLL 1,619.18 1,767.30 942.56 0.00 1,767.30 235.64 1, 53L 68 942.56 0.00 0.00 6,339.36 0.00 0.00 0.00 77,719.14 2 '-' """" B. Animal Impoundment Services- Agreement with the Humane Society of SLC, Inc.- The Board approved the proposed agreement with the Humane Society of St. Lucie County and authorized the Chainnan to sign the agreement. C. Amended Interlocal Agreement- Fire/EMS Impact Fee- City ofport St. Lucie- The Board approved the amended Interlocal Agreement and authorized the Chainnan to sign the Agreement. 3. PUBLIC WORKS A. Engineering Division- Professional Engineering Services- The Board approved Work Authorization No.1 with PBS&J for Paradise Park Subdivision Stonnwater Improvements Phase II in the amount of $208,411.45. B. First Amendment to Work Authorization No. 13- The Board approved the First Amendment to Work Authorization No. 13 with Dunkelberger Engineering & Testing extending the contract to December 31, 2005 and authorized the Chainnan to sign the contract. C. Oxbow Eco Center-Work Authorization No.4 with Kimley Home- The Board approved Work Authorization No.4 with Kimley Home and Associates, Inc., in the amount of $7,820.00 to provide Roadway and Intersection Design at the Oxbow Eco Center and authorized the Chainnan to sign. 4. PARKS AND RECREATION A. Purchase of an irrigation pump for Lawnwood Recreation AEA- The Board approved Budget Amendment BA05-l91 to purchase a replacement irrigation pump(EQ05-375) for Lawnwood Stadium at a cost of$3,655.00. B. Tennis Professional Contract Agreement- The Board approved the agreement with Mr. Woody Newsom for programming of County tennis facilities as drafted by the County Attorney and authorized the Chair to sign the agreement. C. Pennit Fee for generator installation at the FairgrOlmds and Budget Amendment No. BA05-192- The Board approved Budget Amendment BA05-1n amending contract C05-06-297 to reflect the pennit fee of$I,160.81. D. Purchase of a Chemical Storage shed at the County Fairgrounds Budget Amendment BA05-193 and Equipment Request EQ05-376- The Board approved the purchase of a chemical storage shed for the Fairgrounds at a cost of$ll,469.00, 5. PUBLIC SAFETY A. The Board approved the request to approve the Software License and Service Agreement with HTE for the purchase ofLG Address Manager software including training and annual support in the amount of $13,290.00. B. 9G-I0 Grant-County Emergency Management Preparedness and Assistance Trust Fund Program Base Grand- The Board approved the Agreement No. 06BBG-04-10-66-01-110 and authorized the Chainnan to sign. 3 '-' '-' C. The Board approved the request to accept Modification No. 1 to Agreement No. 05-DS-2N-IO-66-01-411, State Homeland Security Grant, time extension, 6. HUMAN RESOURCES The Board approved two new position of Senior Accounting Clerk to the Code Compliance Department. 7. GROWTH MANAGEMENT A. The Board approved draft Resolution No. 05-152 granting a 12 month extension the Majestic Bay Subdivision Major Site Plan. B. The Board approved extending the EDSA contract for the Research and Education Park Master Plan ITom 06-15-05-to 11-30-05. 8. AIRPORT Award Bid No. 05-067- The Board approved awarding Bid No. 05-067 to Florida Industrial Electric, Inc., in the amount of $248, 114.25 for the rehabilitation of airfield lighting on Runway 9/27 at the St. Lucie International Airport. 9. UTILITIES Change Order No. I with Oitchdiggers- The Board approved Change Order No.1 with Ditchdiggers for construction services related to the Seminole Utility Extension project in the amount of$51,573.34. 10. MANAGEMENT AND BUDGET Interfund Loan from the General Fund to the Lennard Road MSBU's in the MSBU Debt Service Fund- This item was pulled per the County Administrator. 11. PURCHASING Bid Waiver and Emergency Purchase of Water Pumps for Rock Road Jail- The Board approved the waiver of the bid process and Emergency Purchase of Water Pumps for Rock Road jail to Gulfstream Pumps & Equipment Inc., for $25,490. ADDlTIONS CA-l CENTRAL SERVICES The Board approved payment in the amount of$27,204.00 to Tropical Window Coverings for the purchase, delivery and installation of window coverings for Walton Road Annex. CA-2 ENVIRONMENTAL RESOURCES The Board approved the Contract with RTP Environmental Associates, Inc., to perform review of air quality documents pertaining to proposed pulverized coal burning power plant- Air Quality Consultant for Review of Documents as drafted by the County Attorney's office. CA-3. ADMINISTRATION Thc ßoard ratified Com. Coward's appointment ofMitchel1 L. Williford to the Code En fi)rccmcnt ßoard. 4 "- ...., REGULAR AGENDA 5.A GROWTH MANAGEMENT This was a Draft Ordinance 05-023- which proposes to amend the text of the St. Lucie Land Dcvelopment Code and add language to Section 2.00.00 and Section 7.05.00to include definitions and language requiring bicycle and pedestrian facilities as well as updated right of way requirements- Consider staff recommendation to approve Draft Ordinance No. 05-023. Com. Coward commented on page 6 ofthe ordinance and flexibility being provided through the PUD process if the intent of the ordinance is upheld. He would like to incorporate some language. The County Attorney stated he concurred with the comment just made and suggested a sentence be added at the end which states these standards may be altered by the Board in the PUD process and he felt this would clarify the intent. The County Attorney suggested the following language be inserted, "Irthe intent of this ordinance is upheld, the Board may modify the standard writs as part of the planned unit development". It was moved by Com. Coward, seconded by Com. Craft to approve Ordinance No. 05- 023 as amended, and; upon roll call, motion carried unanimously. 5.B COUNTY ATTORNEY (1-2016) Ordinance No. 05-032- MSBU Financial Hardship Assistance Program- Consider staff recommendation to approve Ordinance No. 05-032. It was moved by Com. Smith. seconded by Com. Craft, to approve Ordinance No. 05- o:n. :lI1d; UpOI1 roll call. motioll carried unanimously. 5.C GROWTH MANAGEMENT (1-2169) Consider staff recommendation to approve Draft Resolution No. 05-153 approving the request for a Change in Zoning from RM-5 to PMUD and Final Planned Development Site Plan approval for the project to be known as FAU/HBOI Marine Science Partnership. Mr. Al Broder, Thomas Lucido & Associates addressed the Board on this item. Ms. Gerri McPherson, Executive V.P F AU thanked the Commission for their support of this project. Ms. Shirley Pomponi, Harbor Branch, thanked the Board for their support and invited them to the groundbreaking ceremonies. It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 05- 153, and; upon roll call, motion carried unanimously. 5 ""- .¡ 5.0 GROWTH MANAGEMENT (1-2454) Development Agreement- Consider staff recommendation to proceed with the second public hearing which will be held on Tuesday, October 11, 2005 at 6:00 p.m. regarding the Rocking Horse Ranch. The Special Projects Director for St. Lucie County reviewed the project. He stated there were some improvements discussed pertaining to the interchange. The County Attorney stated in paragraph 2-F in the first sentence it speaks of a conceptual site plan today which is not being done, he believes this sentence needs to be removed. If they are going to leave the October 11th date in, it needs to be with the understanding that today's action does not approve the final site plan. The Special Projects Director stated they are anticipating preliminary PUD approval on the Illh Ilot Final PUD. The County Attorney stated they may need to revise the agreement to renect this. Thc County Attorney suggested in paragraph F they delete the first sentence and the next paragraph thcy delete the word "final" and replace it with "preliminary" PUD site plan. Also on paragraph 5, page 5, the second line, delete "final" and replace with "preliminary PUD site plan". Ms. Susie Caron, Indrio Road resident, addressed the Board in favor of this project. She thanked the Board for their attempt to make North County a pleasant area to live. Mr. Jay Maycumber, addressed the Board and stated he thanked Rocking Horse for taking care oftheir concurrency issues and thanked the Board for not piece mealing the entire Indrio Road corridor. Thc second public hearing will be heard October 11, 2005. COI11. Coward reiterated the two isslles he would like to see taken care or in the plan. One issue is the fact this sizeable development has only one exit point dumping out on Johnson Road and this will cause a traffic problem. He would like a second exit. Also the Charrette also called for a greenway system and would like someway to incorporate the southern part of their boundary as the anchor so it can work its way south. Mr. Jeff Barquette, representing the developer stated he concurred with Com. Coward. In the revised plan there are easements to the west side and to the south side for future inter- connections for future developments that may come that way. No action necessary. 5.E GROWTH MANAGEMENT (1-3521) COil sider staIr recommendation to adopt Resolution No. 05-154 granting the petition of BJK for Final Planned Unit Development and Preliminary Plat approval for the project known as Creekside. Thc Planning Manager adviscd the Board the developer has requested removal of the commercial portion of the approval at this time. He is not deleting the commercial portion and is only looking to revisit what they will be doing in with it. The Planning Manager also advised the Board staff has added a condition making 9 conditions in the resolution. The 9th conditions reads as follows: Condition # 9- Final Planned Unit Development approval shall not include the 30,000 square feet of commercial uses. Any commercial uses shall be required to obtain final planned unit development approval. 6 w ..,,¡ Com. Craft requested a traffic report and stated he could not vote on this issue until he reviewed the report. Ms. Noreen Dwyer, attorney for the petitioner, addressed the Board and stated they concurred with the conditions and also the added condition. Mr. Michael Houston, Houston, Cuozzo Group, addressed the Board on this issue and gaVl: his prl:sl:ntation Oil thl: projl:ct. Mr. Bill Blazak, Culpepper and Terpening, addressed the Board on this project and provided details ofllle project cllvironmentally, recreational, and fInancial impact. Mr. Dennis Murphy, Culpepper & Terpening, addressed the Board on the plan before them for approval. He commented on the issues regarding transportation. Mr. Murphy stated he was made aware this afternoon of some capacity concerns on Kings Highway and along Okeechobee Road. In discussing these matters with staff, he believes the issues were resolved. The problem seems to be one of the tables they were relying on used a bad number, a level of service number based upon prior level of service standards and not the present level of standards. Mr. Murphy stated parcel 6 was to be their mixture of commercial and community recreation area, total of 50,000 sq. ft. of none residential area. They wish to exclude tonight approval action on the 30,000 sq. ft. commercial. They do not wish to delete it, they are not prepared to go forward with it at this time. Com. Craft if there was more accurate data than 2003. Mr. Murphy statcd hc did not bclicve there was today. Com. Craft stated the problem he had was the traffic and if there is an issue with traffic and he can have more current data before he makes a decision even if he can't use it to weigh a decision, he would like to know it before he gives an approval. The Road and Bridge Manager addressed the Board's questions regarding traffic counts, He stated he had serious concerns earlier with two links, Okeechobee Road and Kings Highway. They met this afternoon and there were three things that occurred during the meeting that eased his concerns that allows him to say in his opinion, this project will meet roadway concurrency. One being the applicant is proposing to eliminate the commercial, two when the original traffic study was submitted it was submitted for 840 units. at this time that number has been reduced to 800 units. Third, several years ago the SLC changed their roadway levels ofscrvice for state roads it is now D and for non-state roadways it is E. Com. Craft questioned the level of service of the two links. The Road and Bridge Manager stated this segment of Kings Highway is at a level of service C. It would have to get to 16,400 to be considered failing. Okeechobee Road would still have 1,000 trips available with the commercial area not being included. Com. Coward stated he does not wish to have the commercial taken out and would prefer to phase in both commercial and residential. He also would like to revisit the road contributions and felt the county needs additional dollars from the developers to assist in road development. Com. Hutchinson stated she agrees with the concurrency and also need to be clear on the concurrency. She is yet to get clarification as to where and what time frame they are requiring concurrency. She needs to understand where the county has the right to require concurrcncy on a statc road out of our control to place on a priority list. , 7 \..r ...I COIll. Lcwis statcd shc sharcd Com. I lutchinson's concerns with concurrency. However, they have watchcd the development of this plan and what they consider a good development. She sees how the commercial area would generate additional traffic and she would be willing to hold off on it and felt this was a reasonable request with all that has come up at the last minute. Com. Hutchinson stated she concurred with Com. Coward she would prefer to leave the commercial in at this time and felt it would generate less traffic. Com. Coward stated he felt this issue needed to be reviewed further and look specifically at the phasing in issue and the potential contributions from the developer to assist the county in the roadways at fair share standpoint. He is looking at a possible two week delay. Mr. Bill Blazak addressed the Board regarding the project contributions that he felt totaled somewhere in the vicinity of 7 million dollars. Com. Coward stated he would like some additional time to evaluate alternatives other than gutting the land use plan. His strong preference is to phase this in and also to look at a contribution from the developer for the roads they will be impacting in addition to the county's impact on those roads. Ms. Susie Caron, Indrio Road resident addressed the Board and reminded them of the Emerson Estates project and the problems the county was faced with after the fact. Com. Hutchinson asked for a consensus from the Board on continuing this item in two weeks. Ms. Noreen Dwyer, attorney for the developer addressed the Board and stated they would request the issues be continued at the October 4, 2005 Board meeting and they will provide staff with all the necessary information showing they have abided by the law. Com. Hutchinson requested two other points be considered for discussion at the October 4th meeting, one being the location ofthe old historical house and asked staff to bring hack ideas. Com. Lewis requested more information before the County accepts the building. Com. Hutchinson also requested staff to bring back an answer to her question to find out if the county is consistent with the state in regards to concurrency in the time frames the new growth management law allows. She would like to have this clarified. It was moved by Com. Coward, seconded by Com. Craft to continue this hearing on October 4, 2005 at 9:00 a.m. or as soon thereafter as possible, and; upon roll call, motion carried unanimously. 6. COUNTY ATTORNEY (3-267) Resolution No. 05-347- MSBU Financial Hardship Assistance Program- Consider staff recommendation to approve Resolution No. 05-347. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 05- l47, and; upon 1'011 call, molion carried unanimously, 7. COUNTY ATTORNEY(3-277) Resolution No. 05-347- Consider staffreeommendation to adopt Resolution No. 05-347 as drafted authorizing borrowing of not exceeding $43,000,000.00 for Capital Projects. 8 \- ..,J It was moved by Com. Craft, seconded by Com. Coward to approve Resolution No. 05- 347, and; upon roll cal1, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjoumed. Chairman Clerk of Circuit Court 9 \.; -...,I BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA FINAL BUDGET PUBLIC HEARING Date: September 22, 2005 Convened: 5:10 p.m. Adjourned:5:25 p.m. Commissioncrs Present: Frannie Hutchinson, Chairperson, Paula Lewis, Christ Craft, Doug Coward, Joc Smith Others Present: Doug Anderson, County Administrator; Ray Wazny, Assistant County Administrator; Faye Outlaw, Assistant County Administrator; Dan McIntyre, County Attorney; Pete Keogh, Parks and Recreation Director; Don West, Public Works Director; Beth Rydcr, Community Services Director; Jack Southard, Public Safety Director; Marie Gouin, Management and Budget Director; Jim David, Mosquito Control Director; Ed Parker, Purchasing Director; Mike Pawley, County Engineer; Roger Shinn, Central Services Director; Dennis Wetzel, Information Technologies Director; Paul Hiott, Veterans Services Director; Susan Kilmer, Library Director; Ken Mascara, Sheriff; Leo Cordiero, Solid Waste Director; Vanessa Bessey, Environmental Lands; Mike Bowers, Utilities Director; Scott Herring, Road and Bridge Director; Millie Delgado-Feliciano, Deputy Clerk 1. The Management and ßudget Director rcviewed the agenda. 2. Public Hearing on the Final Budget for Fiscal Year 2005-2006- The purpose of the public hearing is to adopt a Final Millage Rate and Budget. PUBLIC COMMENT None 3. A discussion on the rolled back rate was held. The Management and Budget Director advised the Board ofthe rolled back rate of7.1748. She reviewed page A-II of the budget book. She stated that the increase in aggregate millage over rollback is 18.45%. The rollback rate is 7.1748. The aggregate millages for 2004-2005 was 8.7533, the rollback rate for 2005-2006 is 7.1748, the proposed aggregate millage rate for2005-06 is 8.4984, which is a decrcase or .254(). The increase over rollback aggregate millage is 1.3236 and the percent increase in aggregate millage over roll baek is 18.45%. She stated that last year the Board also decreased the millage by .1368. This proposed budget the millage rate is .2 mills. The County Administrator gave a power point report on 2006 comparison of the County's budget and the Sheriffs budget. 4. The Management and Budget Director commented on the Errata and Substantive changes. 5. The following are the millages and budgets under the Board of County Commissioners: A Marie Gouin read the millages as outlined below. 1 ~ ....I Operating Funds with Millages: Millage Budget General Fund 4.2619 97,336,770 Fine and Forfeiture Fund 2.9807 59,386,839 DEPENDENT DISTRICTS: Millage Budget Mosquito Control District Fund 0.2757 4,763,905 Mosquito State I 45,191 Erosion District Zone E 0.1000 5,741,933 DEBT SERVICE FUNDS: Environmental Land I & S 0.1154 2,416,184 Port I & S 0.0216 594,329 South County Regional Stadium 54,406 Communication Systcm I & S 1 ,221 ,287 5 Year Building Bond 1 & S 9,102,867 County Capitall & S 178,758 Becker Road I & S 519,592 Beach Bond I & S 0 Impact Fees I & S 262,163 Capital Projects I & S 3,192,710 Tourism Dev. 41h Cent I & S 1,056,359 River Branch I & S 40,064 State Revenue Sharing Bonds I & S 3,251,910 OTHER FUNDS WITHOUT MILLAGES: SPECIAL REVENUE FUNDS: Transportation Trust Fund 79,680,479 Grants and Donations 625,182 Library Special Grants Fund 202,326 Additional Court Costs 0 Drug Abuse Trust Fund 31 ,440 Port and Airport Fund 20,215,985 Port MSßU 101,439 Plan Maintenance R.A.D 302,479 5th Cent Tourist Devel. Fund 588,497 Court Facilities Fund 2,493,142 Court Facilities Fund-Court Costs 149,828 Court Administration 19th Circuit 2,080,725 Housing Finance Authority 49,286 Environmental Lands 0 Housing Assistance Ship Program 1,754,118 Boating Improvement Projects 510,950 Bluefield Ranch Improvement Fund 107,428 CAPITAL OUTLAY FUNDS: South County Regional Stadium 0 Beach Bond 227,997 Impact Fees Fund 21,021,423 5 Year Building Bond Fund 11,156,836 County Capital St Revenue Share Bond 12,580,000 County & Transportation Capital 21,020,439 Lakewood Park Capital Fund 0 2 '-' Port Development Capital SHI Wastewater Treatment Sports Complex Improvements MSBU In House Loan Funds Environmental Land Capital Treasure Cove/Ocean Harbor Capital Lcnnard Ro;¡d MSBU Road Capital Lcnllanl Road MS13U Water Capilal LCllIwrd Road MSBU Scwcr Capilal Grcy Twig MSBU Capital ENTRPRISE FUNDS: Solid Waste Operations Golf Course Sports Complex Building Code Fund HEW Utilities No. Hutchinson Utilities No. Hutchinson Utilities Renewal/Repl. No. Hutchinson Utilities Capital So. Hutchinson Utilities So. Hutchinson Fund R & R Fund Holiday Pines Operations Holiday Pines Renewal/Rcpl. Holiday Pines Capital Airport Utilities District/Capital INTERNAL SERVICE FUNDS; Insurance & Loss TRUST Two Cent Tourist Development One Cent Tourist Development Law Enforcement Trust Fund Law Library Arts in Public P1aG:es Trust Fund SLC Economic Dcv. Trust Fund FFA Road MSBU Fund (Debt Service) South Hutchinson Fund (Debt Service) Driftwood Manor Fund (Debt Service) King Orange MSBU (Debt Service) Lost Tree Estates MSBU (Debt Service) Anita Street MSBU (Debt Service) Timberlake Estates MSBU (Debt Service) Briargate Estates MSBU (Debt Service) Rouse Road MSBU (Debt Service) North AlA MSBU (Debt Service) Ideal Holding Road MSBU (Debt Service) Westglen MSBU (Debt Service) Raintree Forest MSBU (Debt Service) River Branch Est. MSBU (Debt Service) Grey Twig MSBU (Debt Service) Treasure Cove/Ocean Harbor King Orange 2 MSBU Skylark 2 MSBU Revels Lane MSBU J ..., o o 315,156 620,833 2,068,052 2,916,388 159,633 58.626 45.441 o Budget 28,448,889 1,873,813 1,924,752 5,284,628 121,131 2,895,431 233,469 1,537,250 2,261,119 408,550 1,752,744 123,286 3,675,725 191,750 17,532,230 1,071,110 731,956 227,880 460,692 800,642 276,684 o 3,850,621 30,524 52,849 11,705 9,400 46,746 3,077 72,364 10,097 61,414 45,747 7,409 o o 74,344 9,975 7,731 12,979 3 '-' ....1 58 Board discussion of the millage and the budget under the County Commission. There was no Board discussion 5C It was moved by Commissioner Smith and seconded by Commissioner Lewis ., to adopt the millages for funds under the County Commission as published in the budget as listed, and; upon roll call, motion carried unanimously. 5D It was moved by Commissioner Craft., seconded by Commissioner Coward, to approve the budg for funds under the County Commission as listed, and; upon roll call, motion carried unanimously 6. MILLAGES AND BUDGETS OF THE SPECIAL DISTRICTS READING OF THE MILLAGES FOR THE SPECIAL DISTRICTS Thc Managcmcnt a III I Budgct Dircctor rcad the millages as listed A. STREET LIGHTING DISTRICTS Millage Budget # 1 River Park I # 2 River Park II # 3 Harmony Heights 3 # 4 Harmony Heights 4 # 5 Sheraton Plaza # 6 Sunland Gardens # 7 Sunrise Park # 8 Paradise Park # 9 Holiday Pines # 10 The Grove # II Blakely Subdivision II 12 Indian River Estates # 13 Queens Cove # 16 Palm Grove # 126 Southern Oaks 0.3270 0.5949 0.9142 0.7250 1.0108 0.5740 0.8148 0.9005 0.2238 0.1240 1.9990 0.1004 0.0829 0.5360 0.5329 49,587 10,312 4,567 9,368 10,000 10,560 3,280 12,150 15,415 3,867 2,120 16,762 5,659 13,570 3,243 6B Board discussion of the Millage and the Budget There was no Board discussion 6C It was moved by Commissioner Coward, seconded by Commissioner Craft, to adopt the millage for funds for the special districts as listed, and; upon roll call, motion carried unanimously. 6D It was moved by Commissioner Lewis, seconded by Commissioner Craft to adopt the budgets for fund for the Special Districts as listed, and; upon roll call, motion carried unanimously. f 7. MlLLAGES AND BUDGETS OF THE MUNICIPAL SERVICE TAXING DISTRICTS 7A READING OF THE MILLAGES FOR THE MUNICIPAL SERVICE TAXING DISTRICTS The Management & Budget Director read the millages for the municipal service taxing districts as listed. to.',' , ~: Millage Budget Unincorporated Area MSTU (Comm. Dev.) 0.5256 4,938,791 4 '-" G~\ \Je A'D ()\', \ \ ,e "WI From: "BRIAN WOLFF" <BDWOLF99@BELLSOUTH.NET> To: "Commissioner Joe Smith" <Joe_Smith@co.st-lucie.f1.us>, "Commissioner Doug Coward" <cowardd@co.st-lucieJI.us>, "Commissioner Paula Lewis" <barbarab@co.st-lucieJI.us>, "Commissioner Joe Smith" <lIz@co.st-lucle.fI.us>, "Commissioner Frannie Hutchinson" <Joe_Smlth@co.st-lucie.fI.us>, "Commissioner Chris Craft" <ODonneIE@co,st-lucleJl.us>, "Jim Baranoski - test" <Jamesb@co.st-lucieJl.us> Date: 9/21/20053:39:30 PM Subject: (Email All Commissioners) Below is feedback from the main County website Email All the Commissioners form. http://www.co.st-Iu cie .fl.us/bocc2/email.htm First Name: BRIAN Last Name: WOLFF Email: ßDWOLF99@BELLSOUTH_NET Pllone: ß78-6777 Comment or Question: DEAR COUNCIL MEMBERS THE TAXES IN ST. LUCIE COUNTY.THE CITY OF PORT ST. LUCIE AND THE SCHOOL DISTRICT ARE FORCING ME TO SELL OUR HOUSE. WE WERE FORCE TO SELL LAST YEAR AFTER THE HURRICANES DESTROYED OUR HOME ,SO THEREFORE WE LOST OUR HOMESTEAD EXEMPTIONS. WE WENT TO THE CITY BUDGET MEETING AND THEY BLAMED IT ON THE COUNTY, THE SCHOOL BOARD, TALLAHASSE AND EVERYONE ELSE. IT REALLY DOESN'T MATTER WHO'S FAULT IT IS, BUT IN ST. LUCIE TAXES ARE SO HIGH IT IS GOING TO FORCE PEOPLE OUT. WHO CAN AFFORD $500.00 A MONTH FOR TAXES, FPL KEEPS RAISING RATES, GAS IS RISING. WE DID LIKE LIVING HERE BUT WE CAN'T AFFORD BIG CITY TAXES WITHOUT BIG CITY SERVICES. WE HAVE NO STREET LIGHTS, SIDEWALKS, BUS SERVICE ,HAVE TO PAY FOR OUR GARBAGE PICK-UP. WHERE IS OUR TAX MONEY GOING? I'M SURE YOU CAN JUSTIFY EVERY PENNY YOU SPEND JUST LIKE THE CITY DID, BUT IT'S MY PENNIES AND I'M NOT HAPPY ABOUT HOW YOU SPEND I COULD 'T HE LOUSY MAP IF I'M IN DISTRICT 2 OR 3 BUT MY ADDRESS IS 2556 CALENDER ST, PSL . D IT WOULD BE NICE IF MY COMMISIONER CAME BY, MAYBE FOR DINNER A OUT HOW IT REALLY IS LIVING HERE. THANK YOU BRIAN WOLFF (ì , . (\ rìlt~ ""',.:¡t--·i~~ L\J\f\ffi~c,§\tì~ lÀv1- ' .H\S Account Information Technolol!v 001-1955-564000-100 Machinery & Equipment 001-1955-541000-100 Communication 001-1955-512000-100 Salaries 001-1955-349200-100 Infonnation Technology Services $ (179,076) ROllter & communication lines for lai/to St. Lucie West; deletion of one Network Desktop Technician (NDT) position & correspondingfundÙrg by Courts Administration; discontinue service by NDT to Courts Adminisrration effective 12/31/05; reduction of 50%funding of analyst position by State AI/oriley; and etimil/atefrmdil/gfol' rwo part lime il/rel'lls. '-' FY06 ERRAIA SHEET Changes to the Jinul budget Description Itevrnue Expenditure $ $ $ 2 Parks & Recreation 104001-0000-389902-000 Fund Balance Forward 104001-7216-366900- 7102 Donations 104001-7216-366900-7104 DU\1utio\1s 10400 1-7216-366900- 712 Donatio\1s 104001-7216-534000-7102 Other Contractual Services 104001-7216-552000-7102 Operating Supplies 104001-7216-552000-7104 Operating Supplies 104001-7216-551200-712 Equipment < $1,000 104001-7216-599300-712 Reserves To esrablish a budgerfor recreation donatlollfrmd ..., 2,532 2,880 ( 184,488) $ 11,280 $ 520 $ 200 $ 500 $ 1,300 $ 520 $ 200 $ 750 $ 9,730 $ $ $ 663,000 3 Debt Service 262-9950-571100-800 Principal 262-9950-573100-800 Additional Expenses-Bonds 262-0000-389902-000 Fund Balance Forward To establish budgetfor full payment of$650,000 TDC Note and 2%fee- Debt Service 4 216-7420-366930-76550 Contribution from Private Source $ 216-7420-571100-76550 Prineipal- Notes To establish budget for Pril/cipal Paydown on $350.000 SLC. FL Imp. Rev. Note, Series 2004A Equestrian Arena. 62,284 5 Retiremcnt Ratc Adiustmcnt Various Gencral Fund Accounts Various Fine & Forfeiture Fund Accounts Funding for increased cost of construction and hurricane expenses Reserves (See #6 & # J 1) Various Accounts/Other Funds Adjustment Reserve Adjust amounts budgeted for reUremenlto reflect current rates. 6 Property Appraiser 001-9910-599300-800 102-9910-599300-800 102001-9910-599300-800 103-9910-599300-800 107-9910-599300-800 111-9910-599300-800 122-9910-599300-800 129-9910-599300-800 130-9910-599300-800 145-9910-599300-800 184-9910-599300-800 242-9910-599300-800 282-9910-599300-800 001-1310-549120-100 102-1300-549120-100 102001-1300-549120-100 Y'\ '" Reserves Reserves Reserves Reserves Reserves Reserves Reserves Reserves Reserves Reserves Rcscrves Reserves Reserves Comm & Fees/Property Appraiser Comm & Fees/Property Appraiser Comm & Fees/Property Appraiser 10f4 650,000 13,000 $ 62,284 $ $ $ $ $ $ (421,401) (78,227) 495,023 4,605 (330,996) 330,996 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ (4,470) (69) (55) (47) (964) (I) (I) (72) (26) (78) (29) (7) (36) 4,4 70 69 55 · ~ 10. -. ..,.,-049120-100 Comm & Fees/Property r'i'J.,.,ser 107-1300-549120-100 Comm & Fees/Property Appraiser 111-1300-549120-100 Comm & Fecs/Propcrty Appraiscr 122-1300-549120-100 Comm & Fccs/Propcrty Appraiscr 129-1300-549120-100 Comm & Fecs/Propcrty Appraiscr 130-1300-549120-100 Comm & Fecs/Propcrty Appraiscr 145-1300-549120- OO COl11m & Fecs/Propcrly Appraiser 184-1300-549120-100 Comm & Fees/Propcrly Appraiser 242-1300-549120-100 Comm & Fees/Propcrly Appraiser 282-1300-549120-100 Comm & FeeslProperty Appraiser To adjust Property Appraiser FY06 budget to ÌI,c/ude Legisiature Committee all Inlergovemmelllal Relatiolls Coilstitutiollal Officer Salary Increase per Dept. of Revenue. Collection of Impact Fees (7-10) 7 Impact Fees Collection Division 150- 1300-369050-1 00 General & Administrative Fee 150- 1300-512000-1 00 Salaries 150-1300-534000-100 Othcr Contractual Services 150-1300-540000-100 Travel 150-1300-554200-100 Training Scminar Registration 150-1300-541000-100 COInmulliealions 150-1300-541300-100 Poslage 150-1 JOO·5441 00-1 00 Equipmcnt Rental 150-1300-549000-100 Advertising 150-1300-547000-100 Printing & Binding 150-1300-547005-100 Printing & Binding Materials Centcr 150-1300-551000-100 Offiee Supplics 150-1300-551200-100 Equipment < $1,000 150-1300-552000-100 Operating Supplies 150-1300-554000-100 Dues & Memberships 150-1300-554100-100 Books & Subscriptions 150-1300-564000-100 Machinery & Equipment 150-9910-599300-800 Reserves Port St. Lucie Impact Fee Collection Program $ 300,000 8 Road Impact Fees 101006-4116-xxxxxx-400 PSL Road Impact Fees $ 1,800,000 101006-4116-389903-400 Lcss 5 Percent $ (90,000) 101006-9910-599300-800 Rcservcs $ Budget for tire collection of Impact Fees witlrin Port Sf- Lucie. A corresponding rel'enue account string will be created to maintaintlrefimds separately. <) J':U'I(~ Inl )nrt Ftts 310IJ02-0IJ()O-xxxxxx-()OO PSI. Pllrks Impact Fees $ 923,314 3IOIJ02-00()()-3XYYOJ-OOO Less 5 'crecnt $ (4ri,1 (,(,) 310002-9910-599300-800 Rcscrvcs $ Blldget for the collectiOlI of Impact Fees witbill Port St. Lucie. A corresponding /'evemœ account string will be created to maintaill the fimds separately. 10 Public Buildin!!s Impact Fees 310003-0000-xxxxxx-000 PSL "Corrections" Impact Fees $ 1,323,922 310003-0000-xxxxxx-000 PSL "Other" Impact Fees $ 900,354 310003-0000-389903-000 Less 5 Pereent $ (111,214) 310003-9910-599300-800 Reserves $ Budget for tlte collec/ion of Impact Fees witlrin Port St. Lucie. A corresponding revenue account string will be created to maintain thefunds separately. Additiollal Grallt FUllds (11-18) Growth M:uu, !clltcnt II OOI150-15101-J31421-IOO Fcdcral Transit Adminislration 20f4 $ ¥.. 1.214 $ ..".¡ .., $ 964 $ 1 $ I $ 72 $ 26 $ 7S $ 29 $ 7 $ 36 $ $ $ $ $ $ $ $ $ $ $ S $ $ $ $ $ 101,896 1,000 1,000 500 2,500 500 1,200 500 500 500 1,000 3,220 250 200 200 2,330 182,704 1,710,000 &77,14& 2,113,062 \..vl ,h-, j I 01-531~ 00 001-9910-599300-800 To recogllize thefull gram award, Professional Servicc> Rescrvcs $ ""'" $ 1,"'''':1 (135) 12 Public Works - Erosion 184208-3710-334396-39003 FL Fish & Wildlifc Conscrvution COll1m 184208-3710-563000-39003 Improvcmcnt orr Duildings 'Ii) e.ft'¡/J/ish grallt for Eiwioll District $ 25,000 $ 25,000 13 Public Works - Erosion 184100-3710-331391-39003 Dcpt oflnlcrior Fish & Wildlifc 184100-3710-563000-39003 Improvcmcnt orr Buildings To establish grallt for Erosioll District $ (,0,000 $ 60,000 14 Sheriff 107144-2110-33]20-200 Dept of Justice 107144-2110-581090-200 City of Fort Pierce 107144-2110-591900-200 Transfer to Sheriff To establish budget for the Byme Memorial Justice Assistallce Grallt $ 124,600 $ $ 62,300 62,300 15 Sheriff 107145-2110-33120-200 Ocpt of Justicc 107145-2110-5810S5-200 PorI 51. Lucie Police Dept. 107145-21 IO-5'i I 'iOO-200 Transfer to Shcriff I 071.I,~-2110-,~R IOR5-20() FI. Pierce Police Dcpl. 107 1-15-211 0-5S IOR5-200 SLC Emergency Services 107145-211 0-5S IOS5-200 SLC Fire District 107145-2110-581085-200 SLC School District To establish budget for the COPS Secure ScllOols Gra"t $ 49,000 $ 15.500 $ 15,500 $ 15,500 $ 15,500 $ 15,500 $ 71,500 Communitv Services 16 130203-4910-334411-400 Florida Departmcnt ofTmnsportation , $ 112,000 I 30203-4'i 10-5820 I 5-400 Council Oil Aging $ To establishfill/di"gfor secolld year of award of the Marketillg a"d Operatioll of New Fixed Roule alii' Deviated Fixed Route Grallt 112,000 Communitv Services 17 130204-4910-334411-400 Florida Department of Transportation $ 130204-4910·582015-400 Council on Aging To establish fUllding for second year of award of the Service Development Grallt. 154,000 $ 154,000 Community Services 18 001404-6420-334693-600 Department of Community Affairs 001404-6420-599330-600 Project Reserve To establish fimclingfor CDBG SlIpplemental Disaster Recovery Initiative. $ 3,000,000 $ 3,000,000 Grallt Ro/lovel's (19-21) 19 Public Works 10] 106-4115-331610-4914 101106-4115-531000-4914 101106-4115-534000-4914 101106-4115-546300-4914 Rollover Gram Funds US Dcpt of Agriculture Professional Services Other Contractual Services Grounds Maintcnance $ 2,069,494 $ $ $ 104,098 84,050 1,881,346 20 A!mm:! ]40340-4220-334411-400 140340-4220-546000-400 140-9910-599300-800 Rollover Gra"t Funds FOOT - Transportation Equipment Maintenance Reserves $ 95,000 $ $ 118,750 (23,750) Community Services 21 001182-6420-335510-600 Florida I-lousing Finance $ (100,000) 30f4 ò,r '- f, ~~~~' "'" ~ I ô2-('42053I 000-600 Project Rcserve (IOO.OOlJ) 1 ôSOOX-ú420-3355I O-GOO Florida lIuusing Finance $ IOO.()()O 1 Ô500S-Ú42053I OOO-GOO Project Rcscrve $ 100,000 Nul/m'er gralll jillld., ~ " Olher Rollover Funds (22-27) : I;:' 22 Air )or' 140-000-3S9902-000 Fund Balance Forward $ 38.000 140:42 !0-564000-480 1 Machinery & Equipment $ 38,000 Carryover jillldÙrgfor purchase order Media 23 001-0~00-389902-000 Fund Balance Forward $ 1,698 001-1225-551200-100 Equipment less than $1,000 $ 1,698 Carrybv~r fllllding for purchase order ': Growth Mana!.!ement 24 001-0000-389902-000 Fund Balance Forward $ 90,080 001-1510-531000-39004 Professiona I Services $ 30,000 001-15 J 0-531000-100 Professional Scrviccs $ 30,500 001-5210-5480 I 0- 7132 I'rol11otional Advcrtising $ 29,580 102-1900-389902-100 Fund Balancc Forward $ 532,741 102-1510-531000-100 Professional Scrvices $ 442,081 102-1520-564000-100 Machinery & Equipment $ 18,535 102-1520-551200-100 Equipment less than $1,000 $ 10,536 102-15101-531000-100 Professional Services ' $ 47,893 102-15101-562000-1536 Buildings $ 5,196 102-15101-568000- 100 Software $ 8,500 611-0000-389902-000 Fund Balance Forward $ 1,800 611-5210-5480 I 0-500 Promotional Advertising $ 1,800 Carryover fundingfor purchase orders Utilities 2S 479-9910-599300-80.0 Reserves $ (784,395) 478-0000-389902-000 Fund Balance Forward $ 5,275 479-3600-563000-300 Improvements Off Buildings $ 701,172 478-3602-546240-300 Maintenance - Utilities Fieldwork $ 5,275 479-3('02-5G3000-300 Improvements Off l3uildings $ 83,223 451-3510-534000-300 Other Contractual Services $ 211,500 451-9910-599300-800 Reserves $ (211,500) Ca"yover fimdingfor purchase orders 21, Community Services 001-0000-389902-000 Fund 13alance Forward $ 298,732 001-1900-582000-100 A id to Prj vale Organizations $ G3,356 001-6900-582015-600 Council on Aging $ 25,000 001-4910-582015-400 Council on Aging $ 199,626 001-6420-582017-600 Chi1dren's Home Society $ 10,750 130-4910-582015-400 Council on Aging $ 89,271 130-0000-389902-000 Fund Balance Forward $ 89,271 Carryover funding/or purchase orders 27 ß!.m2!:! 140-0000-389902-000 Fund Balance Forward $ 40,000 140-4210-564000-400 Machinery & Equipment $ 40,000 Carryover Fundillg Referellce Eq 05·J 75 Total $ 12,446,823 $ 12,446,823 4 of 4 I.., '-' ....,/ RESOLUTION NO. 05-363 A RESOLUTION ADOPTING A FINAL MILLAGE RATE FOR FISCAL YEAR 2005-2006 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On September 15,2005, aftor TRIM notices woro mailed to all property owners pursuant to Section 200.069, Florida Statutes, the Board of County Commissioners held a public hearing to consider adopting the Tentative Millage for fiscal year 2005-2006 and adopted the Tentative Millage. 2. On September 22,2005, after notice published in the Tribune on September 18,2005, the Board held a Public Hearing and adopted the Final Millage for fiscal year 2005-2006. 3. On September 15, 2005, after TRIM notices were mailed to all property owners pursuant to Section 200.069, Florida Statutes, the St. Lucie County Mosquito Control District, a dependent taxing district of this Board, held a Public Hearing to consider adopting the Tentative Millage for Fiscal Year 2005-2006 and adopted the Tentative Millage. 4. On September 22,2005, after notice published in the Tribune on September 18, 2005, the S1. Lucie County Mosquito Control District held a Public Hearing and adopted the Final Millage for fiscal year 2005-2006. 5. On September 15,2005, after TRIM notices were mailed to all property owners pursuant to Section 200.069, Florida Statutes, the St. Lucie County Erosion District, a dependent taxing district of the Board, held a Public Hearing to consider adopting the Tentative Millage for Fiscal Year 2005- 2006 and adopted the Tentative Millage. 6. On September 22, 2005, after notice published ¡nthe Tribune on September 18, 2005, the St. Lucie County Erosion District held a Public Hearing and adopted the Final Millage for fiscal year 2005-2006. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The following are hereby adopted as the Final Millage rates for fiscal year 2005-2006: ., l r ',~ .. '-' ...." BOARD OF COUNTY COMMISSION'ERS MILLAGE RATES Goncral Fund 4.2619 2.9807 Fine & Forfeiture Fund Port Property Bond I&S 0.0216 Environmental Land 1&5 0.1154 SPECIAL TAXING DISTRICTS #1 River Park I 0.3270 #2 River Park II 0.5949 #3 Harmony Heights III 0.9142 #4 Harmony Heights IV 0.7250 #5 Sheraton Plaza 1.0108 #6 Sunland Gardens 0.5740 #7 Sunrise Park 0.8148 #8 Paradise Park 0.9005 #9 Holiday Pines 0.2238 #10 The Grove 0.1240 #11 Blakely Subdivision XI 1.9990 #12 Indian River Estates 0.1004 #13 Queens Cove 0.0829 #16 Palm Grove 0.5360 #.126 Southern Oaks Estates 0.5329 MUNICIPAL SERVICE TAXING UNITS Unincorporated Area Services (Community Dev) 0.5256 5tormwatcr 0.4108 0.3544 Law Enforcement Parks MSTU Transit MSTU 0.2500 0.0900 Monte Carlo/Meadowood 0.4579 ì ,\ \ '. '\ ~::;i\ ':,,'1 , '-' ~ Palm Lake Gardens 0.1956 MOSQUITO CONTROL DISTRICT Mosquito Control Fund 0.2757 EROSION DISTRICT Operating Erosion Zone E 0.1000 AGGREGATE MILLAGE (excludes interest and sinking fund levies on voter approved indebtedness) 8,4984 B. The proposed aggregate millage rate to be levied is greater than the ~o"-back rate as computed pursuant to Section 200.065(1), Florida Statutes by 18.45%. After motion and second, the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Chris Craft Commissioner Paula Lewis Commissioner Joseph E. Smith PASSED AND DULY ADOPTED THIS 22"d DAY OF SEPTEMBER, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: ----------------------------------------- CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ~ ..." RESOLUTION NO. 05-364 A RESOLUTION ADOPTING THE FINAL BUDGET FOR FISCAL YEAR 2005-2006 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On September 15,2005, after TRIM notices were mailed to all property owners pursuant to Section 200.069, Florida Statutes, the Board of County Commissioners held a public hearing to consider adopting the Tentative Budget for fiscal year 2005-2006 and adopted the tentative budget. 2. On Septembor 22,2005, after notice published In the Tribune on September 18,2005, the Board held a Public Hearing and adopted the Final Budget for fiscal year 2005-2006. 3. On September 15,2005, after TRIM notices were mailed to all property owners pursuant to Section 200.069, Florida Statutes, the St. Lucie County Mosquito Control District, a dependent taxing district ofthis Board, held a public hearing to consider adopting the Tentative Budget for fiscal year 2005- 2006 and adopted the Tentative Budget. 4. On September 22,2005, after notice published In the Tribune on September 18, 2005, the St. Lucie County Mosquito Control District held a Public Hearing and adopted the Final Budget for fiscal year 2005-2006. 5. On September 15, 2005, after TRIM notices were mailed to all property owners pursuant to Section 200.069, Florida Statutes, the St. Lucie County Erosion District, a dependent taxing district of the Board, held a public hearing to consider adopting the Tentative Budget for fiscal year 2005-2006 and adopted the Tentative Budget. 6. On September 22,2005, after notice published in the Tribune on September 18,2005, the St. Lucie County Erosion District held a Public Hearing and adopted the Final Budget for fiscal year 2005-2006. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The following is hereby adopted as the Final Budget for fiscal year 2005-2006: BOARD OF COUNTY COMMISSIONERS BUDGET AMOUNT OPERATING FUNDS WITH MILLAGES GENERAL FUND FINE & FORFEITURE FUND $97,336,770 $59,386,839 G;\BUDGETIWPIBUD GET 061FINAL I05-364'FI NAL'BUDGET'RESOLUTION. DOC ,~ .:, \w ~ DEBT SERVICE F.UNDS BEACH BOND I & S FUND fMPACTFEES I & S PORT I & S FUND CAPITAL PROJECTS I & S ENVIRONMENTAL LAND I & S FUND SOUTH COUNTY REGIONAL STADIUM I & S FUND COMMUNICATIONS SYSTEM I & S 5YR BUILDING BOND I & S FUND COUNTY CAPITAL I & S BECKER ROAD I & S TOURISM DEV 4TH CENT I & S FUND RIVER BRANCH I & S FUND STATE REV SHARING BONDS 1& S $0 $262,163 $594,329 $3,192,710 $2,416,184 $54,406 $1,221,287 $9,102,867 $178,758 $519,592 $1,056,359 $40,064 $3,251,91 ° SPECIAL REVENUE FUNDS TRANSPORTATION TRUST FUND GRANTS AND DONATIONS FUND LIBRARY SPECIAL GRANTS FUND ADDITIONAL COURT COSTS FUND DRUG ABUSE FUND PORT AND AIRPORT PORT MSBU DEVELOPMENT FUND PLAN MAINTENANCE RAD 5TH CENT TOURIST DEVELOPMENT FUND COURT FACILITIES FUND COURT FACILITIES FUND - COURT COSTS COURT ADMINISTRATOR 19TH CIRCUIT FUND HOUSING AUTHORITY ENVIRONMENTAL LANDS HOUSING ASSISTANCE SHIP PROGRAM ßOATlNGIMPROVEMENTPROJECTS BLUEFIELD RANCH IMPROVEMENTS $79,680,479 $625,182 $202,326 $0 $31,440 $20,215,985 $101,439 $302,479 $588,497 $2,493,142 $149,828 $2,080,725 $49,286 $0 $1,754,118 $510,950 $107,428 CAPITAL FUNDS SOUTH COUNTY REGIONAL STADIUM BEACH BOND IMPACT FEE FUNDS FIVE YEAR BUILDING BOND FUND COUNTY & TRANSPORTATION CAPITAL COUNTY CAPITAL - ST, REVENUE SHARE BOND LAKEWOOD PARK CAPITAL FUND PORT DEVELOPMENT CAPITAL FUND SHI WASTEWATER TREATMENT SPORTS COMPLEX IMPROVEMENTS FUND $0 $227,997 $21,021,423 $11,156,836 $21,020,439 $12,580,000 $0 $0 $0 $315,156 G:\OUDG( TlWI 'IUUDGn 0011' INAL \05·3G~ 'I' I NAL'UUDG( T'11(SOLUTION .DOC '\" '-' ..J MSBU IN-HOUSE LOAN FUNDS ENVIRONMENTAL LAND CAPITAL TREASURE COVE/OCEAN HARBOR CAPITAL LENNARD ROAD (ROAD) MSBU CAPITAL FUND LENNARD ROAD (WATER) MSBU CAPITAL FUND LENNARD ROAD (SEWER) MSBU CAPITAL FUND GREY TWIG MSBU CAPITAL $620,833 $2,068,052 $2,916,388 $159,633 $58,626 $45,441 $0 ENTERPRISE FUNDS SOLID WASTE GOLF COURSE SPORTS COMPLEX BUILDING CODE FUND HEW UTILITIES NO. HUTCHINSON UTILITIES NO. HUTCHINSON R&I~ NO. HUTCHINSON CAPITAL SO. HUTCHINSON UTILITIES FUND SO. HUTCHINSON R&R FUND HOLIDAY PINES OPERATIONS HOLIDAY PINES R & R HOLIDAY PINES CAPITAL AIRPORT UTILITIES DISTRICT/CAPITAL $28,448,889 $1,873,813 $1,924,752 $5,284,628 $121,131 $2,935,431 $233,469 $1,537,250 $2,261,119 $408,550 $1,752,744 $123,286 $3,675,725 $191,750 INTERNAL SERVICE FUNDS INSURANCE & LOSS $17,532,230 TRUST AND AGENCY FUNDS TWO CENT TOURIST DEVELOPMENT ONE CENT TOURIST DEVELOPMENT-ADV LAW ENFORCEMENT TRUST FUND LAW LIBRARY ARTS IN PUBLIC PL~CES SLC ECONOMIC DEVELOPMENT F.F.A. ROAD SOUTH HUTCHINSON DRIFTWOOD MANOR KING ORANGE MSBU LOST TREE ESTATES MSBU ANITA STREET MSBU TIMBERLAKE ESTATES MSBU BRIARGATE ESTATES MSBU ROUSE ROAD MSBU $1,071,110 $731,956 $227,880 $460,692 $800,642 $276,684 $0 $3,850,621 $30,524 $52,849 $11,705 $9,400 $46,746 $3,077 $72,364 G: IIJUDGETIWPIUUDGET OOIl'INAL 105·J04'1'1 NAL'UUDGET'r, E SOLUTI ON. DOC .. . . ~.··-c· '-'(_,' '-' ~ ...,¡ NORTH A1A MSBU IDEAL HOLDING ROAD MSBU WESTGLEN MS8U RAINTREE FOREST MSBU RIVER BRANCH ESTATES MSBU GREY TWIG MSBU TREASURE COVE/OCEAN HARBOR KING ORANGE 2 MSBU SKYLARK 2 MSBU REVELS LANE MSBU $10,097 $61,414 $45,747 $7,409 $0 $0 $74,344 $9,975 $7,731 $12,979 SPECIAL TAXING DISTRICTS #1 RIVER PARK I FUND #2 RIVER PARK" FUND #3 HARMONY HEIGHTS 3 FUND #4 HARMONY HEIGHTS 4 FUND #5 SHERATON PLAZA FUND #6 SUN LAND GARDENS FUND #7 SUNRISE PARK FUND #8 PARADISE PARK #9 HOLIDAY PINES FUND #10 THE GROVE #11 BLAKELY SUBDIVISION FUND #12 INDIAN RIVER ESTATES FUND #13 QUEENS COVE LIGHTING DISTRICT #16 PALM GROVE FUND #126 SOUTHERN OAKS ESTATES LIGHTING $49,587 $10,312 $4,567 $9,368 $10,000 $10,560 $3,280 $12,150 $15,415 $3,867 $2,120 $16,762 $5,659 $13,570 $3,243 MUNICIPAL SERVICE TAXING UNITS UNINCORPORATED SERVICES MSTU FUND (COMM DEV) STORMWATER MSTU FUND LAW ENFORCEMENT MSTU PARKS MSTU TRANSIT MSTU MONTE CARLO/MEADOWWOOD LIGHTING MSTU #4 PALM LAKE GARDENS MSTU FUND PINE HOLLOW MSTU KINGS HIGHWAY INDUSTRIAL PARK LIGHTING $4,938,791 $12,438,475 $2,415,867 $21,006,277 $2,039,443 $28,495 $2,889 $11,700 $19,291 MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL FUND MOSQUITO CONTROL STATE FUND $4,763,905 $45,191 EROSION DISTRICT EROSION DISTRICT TOTAL BUDGET: $5,741,933 $489,551,796 G:\BUDGET\WPI8UDGET 06\FINAL I05-364'FINAL'8UDGETRESDLUTIDN,DOC .' '-' ...t After motion and second, the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Chris Craft Commissioner Paula Lewis Commissioner Joseph E. Smith I PASSED AND DULY ADOPTED THIS 22"d DAY OF SEPTEMBER, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY G:\OUDGEnWP\O UDGET 06\FINAL IOs..364'FINAL·OUDGET'R ESOLUTION.COC '. '-' ...t Stonn Water MSTU Law Enforcement MSTU Parks MSTU Transit MSTU Monte Carlo/Meadowwood Lighting MSTU #4 Palm Lakes Gardens MSTU Pine Hollow Street Lighting MSTU Kings Highway Industrial Park Lighting 0.4108 0.3544 0.2500 0.0900 0.4579 0.1956 12,438,475 2,415,867 21,006,277 2,039,443 28,495 2,889 11,700 19,291 7B. Board Discussion of the Millage and the Budgets for the MSTU's. There was no Board discussion 7C. It was moved by Commissioner Craft, seconded by Commissioner Smith, to adopt the millages for the MSTU's as listed, and; upon roll call, motion carried unanimously. 7D. It was moved by Commissioner Lewis, seconded by Commissioner Coward, to adopt the budgets for the MSTU's as listed, and; upon roll call, motion carried unanimously. 8. RESOLUTION NO. 05-363 FIXING THE FY 2005-2006 FINAL MILLAGE RATES It was moved by Commissioner Craft, seconded by Commissioner Smith., to adopt Resolution No. 05-363, and; upon roll call, motion carried unanimously. 9. RESOLUTION NO. 05-364 FIXING THE FY 2005-2006 FINAL BUDGETS It was moved by Commissioner Lewis, seconded by Commissioner Coward, to approve Resolution No. 05-364, and; upon roll calJ, motion carried unanimously. There being no ['urlher business thc meeting was adjourned. -------------------------------- Chainmm, Board County Commissioners ------------------------------ Clerk Circuit Coul'l 5 '-" ...""I BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA SPECIAL PUBLIC HEARING Date: September 22, 2005 Tape: 1-2 Convened: 6:00 p.m. Adjourned: 8:00 p.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Michael Brillhart, Strategy and Special Projects Director, Millie Delgado- Feliciano, Deputy Clerk GROWTH MANAGEMENT Proposed Adams Ranch Rural Lands Stewardship Comprehensive Plan Amendment- Consider staff recommendation to approve the Comprehensive Plan Amendment and transmit to the State Department of Community Affairs. Mr. Mike Brillhart, Strategy and Special Projects Director presented a staff report and explained the process. He stated they have looked at this particular comp plan application and looked to do a couple of things. One, establishing a future land use overlay creating a specific land use designation which would be a rural land stewardship area (RLSA) land use designation. This would be done with a specific overlay designating a sending area and a receiving area. The sending area would be the Adams Ranch property and the receiving area would be the Cloud Grove property. There are several comments in the packet from various departments. The Consultants, Wilson, Miller will be gave a detail background for adopting a stewardship lands program. Mr. Ernie Cox, representing Family Lands Remembered, applicant as well as the Adams Ranch and the Cloud Grove property addressed the Board and introduced Mike Adams, Adams Ranch to give some background and show how they got to where they are today. Mr. Adams read notes from his father who was unable to attend the meeting today. He stated, .. The question is not about me or how the land has been managed in the past, it is about St. Lucie County, it's about our children, our grandchildren. Will they work cattle and horses? Will they grow citrus? Will there be any agriculture? Or will sprawl envelop the entire county? The Rural Land Stewardship is a new concept that encourages good management and development practices. The fact that a project such as this has never been done before is not a negative. It is an exciting opportunity to be on the cutting edge and a model for agricultural land preservation, conservation and sound development. .. Mr. Eric Draper, Deputy Director, Audubon of Florida, representative of the environmental community gave his perspective of the project. Mr. Al Reynolds, Planning Consultant, gave an overview of the program. Mr. Reynolds stated Rural Land Use issues are becoming the focal point for growth management in Florida. Particularly in high growth counties. Rural Stewardship is the newest and most innovative tool in the toolbox for land use issues in the state. I v ...",; It is an incentive based program that is encouraged by the office of Community Affairs. Mr. Reynolds commented on the DRI exemption provision under163 and stated there are several strings attached in order to use this exemption. Another change that was important in 8t. Lucie County and other parts of the state was that agriculture is a credit generator. The initial program was based on natural resources protection. They have put together a proposed model for the program. Mr. Reynolds reviewed a portion of the plan overlay which he stated had many pieces. Com. Craft asked how many actual houses are they looking to have built. Mr. Reynolds stated between 10,000 and 15,000 units. Com. Coward commented on issues of concern such as environmental and growth management. He stated it was important when speaking on development outside the urban service boundary they understand more about the current situation. He is looking at the current Comprehensive Plan identifying an excess of 200,000 acres of Agricultural land outside the urban service boundary today. Ifthe zoning of this property is I unit per 5 acres, there are entitlements and private property rights that would equal about 40,000 homes today if they did nothing. This is worst recipe for urban sprawl you could have. He completely supports the concept, however the specific credit matrix would need to be scrutinized in more detail for him to have a better comfort level. Com. Hutchinson reminded everyone there will be plenty of time to review seeing the requirement of at least 8 public hearings. Mr. Cox advised the Board of added policies such as school requirement, water and sewer service, 25 year or greater, restoration credits after restoration is completed. PUBLIC COMMENTS Ms. Susan Harris, Flying Rancher resident, addressed the Board with her concems on the aviation community she lives in and the new area residents moving into these units complaining about plane noise. Mr. Jack Coker- Okeechobee resident, addressed the Board in favor of the amendment. Mr. Michael Brown, Banker, addressed the Board in favor of the amendment. Mr. Craig Mundt, Hutchinson Island resident, questioned the 10,000 acre transfer. Mr. Tom Cowan, President, Flying Ranch homeowners, addressed the Board and stated he had questions about the density and expressed his concern with developers generating more sending units. He also expressed his concern with the new residents complaining about the airplane noise. Mr. Bill Hearn, Indrio Rd., addressed the Board in favor of the amendment and stated he hoped the Board would expand on the program. He does share concerns that need to be addressed before approval. He is also having a problem with the receiving areas and suggested the County purchase credits until they know what will be done in the future with the TVC concept. Com. Coward stated they needed to do due diligence and the Regional Planning Council has played a vital role. He stated he would not be supporting the DRI exemption and stated he sees a benefit in having input from the Regional Planning Council. 2 '-' ""'" Com. Lewis stated the undoubted benefits are there, but she will be approving this tonight with the understanding that they can come back with some of the issues that have been raised. It was moved by Com. Smith, seconded by Com. Craft to transmit as amended by the applicant, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court 3 "-' ..., BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA September 27, 2001 CONSENT AGENDA CAt. ADMINISTRATION Planning & Zoning Commission Appointment - Consider staff recommendation to ratify Commissioner Smith's appointment of Mr. Craig Mundt to the Planning & Zoning Commission. REGULAR AGENDA RAI. COUNTY ATTORNEY Resolution No. 05-120 Utility Consolidation Resolution recommendation to adopt Resolution No. 05-120 as drafted. Consider staff RA2. COUNTY ATTORNEY Update by Heather Young, Assistant County Attorney on the Code Violations issued by the City of Fort Pierce on ChuclÙ Seafood. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Manager at (772) 462-1m or TOO (J72) 462-1428 at least forty-eight (48) hours prior to the meeting. " v" ~ ...., AGENDA REQUEST ITEM NO. iß I DATE: September 27, 2005 REGULAR [XX] - ADDITIONS PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-120 - Utility Consolidation Resolution BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt Resolution No. 05- 120 as drafted. COMMISSION ACTION: ENCE: [X] APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Comm. Coward Absent D glas Anderson County Administrator County Attorney: ~ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only. if applicable) Eff. 5/96 -. .~ " '-" "wi INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1606 DATE: September 26, 2005 SUBJECT: Resolution No. 05-120 - Utility Consolidation Resolution *********************************************************************...****** BACKGROUND: Resolution No. 92-167, adopted on June 11. 1992 and Resolution No. 99-153, adopted on June 22, 1999, provided for the acquisition and establishment of a separate water and sewer systems on North Hutchinson Island and Holiday Pines, respectively, and for the issuance of water and sewer revenue bonds. Resolution No. 05-120 has been drafted in order to effect the combination and consolidation of the North Hutchinson Water and Sewer System and the Holiday Pines Water and Sewer System. It is necessary and desirable and in the best interests of the County and its residents and the customers of the Holiday pines System and the North Hutchinson System that the two systems be combined and consolidated into a single revenue producing enterprise of the County. Resolution No. 05-120, attached, provides for the consolidation. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 05-120 as drafted. Daniel S. McIntyre County Attorney DSM/caf Attachment ~ -~ , '-' .."" RESOLUTION NO. 05-120 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, COMBINING, AMENDING AND RESTATING IN THEIR ENTIRETY RESOLUTIONS NOS. 92-167, ADOPTED ON JUNE 11, 1992, AS AMENDED, AND RESOLUTION NO. 99-153, ADOPTED JUNE 22, 1999, AND ENTITLED, RESPECTIVELY, "A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE ACQillSITION AND ESTABLISHMENT OF A SEPARATE WATER AND SEWER SYSTEM ON NORTH HUTCHINSON ISLAND AND THE CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS THERETO; PROVIDING FOR THE ISSUANCE OF NORTH HUTCHINSON ISLAND SYSTEM WATER AND SEWER REVENUE BONDS FROM TIME TO TIME TO FINANCE THE FUNDING AND REFUNDING OF CAPITAL PROJECTS WITH RESPECT TO SUCH SYSTEM; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $5,205,000 SERIES 1992 BONDS TO FINANCE THE COST OF ACQUISITION OF THE SYSTEM AND OF THE 1992 PROJECT; PROVIDING FOR THE PAYMENT THEREFOR; PROVIDING FOR THE RIGHTS, SECURITY, AND REMEDIES OF THE REGISTERED OWNERS OF SUCH BONDS; FIXING THE INITIAL SCHEDULE OF RATES, FEES AND CHARGES FOR THE SYSTEM; AND PROVIDING AN EFFECTNE DATE." AND "A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST LUCIE COUNTY, FLORIDA, PROVIDING FOR THE ACQillSITION AND ESTABLISHMENT OF A SEPARATE WATER AND SEWER SYSTEM IN THE AREA OF THE COUNTY KNOWN AS HOLIDAY PINES AND THE CONSTRUcrION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS THERETO; PROVIDING FOR THE ISSUANCE OF HOLIDAY PINES WATER AND SEWER SYSTEM REVENUE BONDS FROM TIME TO TIME TO FINANCE THE FUNDING AND REFUNDING OF CAPITAL PROJEcrS WITH RESPECT TO SUCH SYSTEM; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $6,000,000 SERIES 1999 BONDS TO FINANCE THE COST OF ACQUISITION OF THE SYSTEM AND OF THE 1999 PROJECT; PROVIDING FOR THE PAYMENT THEREFOR; PROVIDING FOR THE RIGHTS, SECURITY, AND REMEDIES OF THE REGISTERED OWNERS OF SUCH BONDS; DELEGATING TO THE COUNTY ADMINISTRATOR THE AUTHORITY TO AWARD THE SERIES 1999 BONDS AT NEGOTIATED SALE; AND PROVIDING AN EFFECTNE DATE_" IN ORDER TO EFFECT THE COMBINATION AND CONSOLIDATION OF THE NORTH HUTCHINSON WATER AND SEWER SYSTEM AND THE HOLIDAY PINES WATER AND SEWER SYSTEM; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: · ,. '-' '-' ARTICLE I STATUTORY AUTHORlTY, DEFINITIONS, AND FINDINGS SECTION 1.01. AUTHORlTY FOR THIS RESOLUTION. This resolution is adopted pursuant to the provisions of Chapter 125, Part I, and Chapter 153, Part I, Florida Statutes, County Ordinance No. 87-77, and other applicable provisions ofIaw, and Resolution 92-167 of the County, adopted June 11, 1992, as amended and supplemented, and Resolution No. 99-153, adopted June 22, 1999. SECTION 1.02. DEFINITIONS. In this resolution: "Accounting Principles" means generally accepted accounting principles and practices applicable to governmental entities, including those applicable to governmentally owned and operated utility systems such as the Utility System. "Accreted Value" means, with respect to any Series of Capital Appreciation Bonds as of any date, the amounts representing principal and accrued interest on Capital Appreciation Bonds as of such date, which shall be detennined by reference to the Table of Accreted Values. "Act" means Chapter 125, Part I, and Chapter 153, Part I, Florida Statutes, County Ordinance No. 87-77, and other applicable provisions of law, and Resolution 92-167 of the County, adopted June 1 I, 1992, as amended and supplemented, and Resolution No. 99-153, adopted June 22, 1999. "Additional Parity Bonds" means any obligations or portions thereof of the County that may be issued pursuant to the tenns and conditions of this resolution, which are payable from the Pledged Revenues on a parity with the Holiday Pines Bonds and the North Hutchinson Bonds, originally issued under the Holiday Pines Bonds Resolution and the North Hutchinson Bonds Resolution. "Airport Utility Facilities" means the water distribution and wastewater collection and transmission facilities located in the Airport Utility District, as described in the Master Plan. "Amortization Installment" means, with respect to each maturity of Tenn Bonds of any Series, 'the principal amounts (or Maturity Amounts) of such Tenn Bonds to be retired in consecutive years by mandatory redemption from the applicable Bond Amortization Account within the Sinking Fund; provided, that (i) each such Amortization Installment shall be deemed to be due on the Interest Payment Date or Principal Maturity Date of each applicable year as is fixed by resolution of the Board and (ii) the aggregate of such installments for each maturity of Tenn Bonds shall equal the aggregate principal amount or, if applicable, the Maturity Amounts at maturity, of Tenn Bonds of such maturity delivered on original issuance. "Authorized Investments" means securities or obligations which are legal investments for county funds under the provisions of Section 125.31, Florida Statutes, to the extent not inconsistent with the tenns of any Credit Facility or with the [onnal investment policy of the County. "Board" means the Board of County Commissioners, as the governing body ofthe County. 2 10866/5000.02 .~" - , ~ '...I "Bond Counsel" means a firm of attorneys nationally recognized in the field of municipal finance law selected by the County whose opinions are generally accepted by underwriters and other purchasers of obligations issued by state and local governments. "Bond Register" means the books kept and maintained by the Registrar for the registration and transfer of Bonds pursuant to Article II hereof. "Bond Registrar" means the keeper of the Register for the applicable Series, designated by the County and to serve as paying agent for purposes of making payments of principal of and interest on the Bonds to the Registered Owners. Date. "Bond Year" means each twelve-month period beginning the day after a Principal Maturity "Bonds" means the North Hutchinson Bonds, the Holiday Pines Bonds and any Additional Parity Bonds issued pursuant to the terms and conditions of this resolution. "Book-Entry Form" or "Book-Entry System" means a form or system, as applicable, under which (i) Bonds are issued to a Depository or to its nominee, as Registered Owner, (ii) Bonds are held by and "immobilized" in the custody of such Depository, and (iii) records are maintained by the Depository and/or other persons to identifY and record the transfer of beneficial interests in the Bonds. "Business Day" means any day of the year on which banks in the jurisdiction of the County or in any of the cities in which the designated office of the Paying Agent or the principal office of any Credit Facility Issuer are located, are not required or authorized by law to remain closed, and on which the Paying Agent and any Credit Facility Issuer and the New York Stock Exchange, Inc., are open for business. "Capital Appreciåtion Bonds" means Bonds, the interest on which shall be (i) compounded on a periodic basis, (ii) payable only at maturity or upon prior redemption, and (iii) determined by reference to the Table of Accreted Values. "Capital Facilities Charges" means any fees or charges which are related to acquiring, constructing, equipping or expanding capacity and facilities of the Utility System, including, but not limited to, excess capacity not related to facilities of the Utility System used by current consumers, if any, existing at the time of acquisition of the Utility System, and which are levied or collected by the County on or from any governmental body, utility company, real estate developer, or other Person, for the purpose of reserving capacity in the Utility System, connecting to the Utility System, or paying or reimbursing any capital cost relating to such acquisition, construction, expansion or equipping of excess and unused capacity of the Utility System or any expansion thereof, including Connection Charges but excluding: (1) amounts received from the sale of water; (2) amounts received for the acceptance, treatment, reuse, or disposal of wastewater; (3) meter installation fees; (4) Guaranteed Revenue Fees; and (5) other revenues constituting operating revenues (as any of the foregoing items are defined under the Uniform Service and Extension Policy of the County with respect to the Utility System); in each case to the extent the same are lawfully available for the acquisition and construction of Expansion Facilities and for the payment of Capital Facilities Charges Debt Service Components. 3 10866/5000_02 -~ ·1 '-" ....., "Capital Facilities Charges Debt Service Component" means, as of any particular date of calculation, for any Series of Bonds additionally secured by Capital Facilities Charges, an amount of Capital Facilities Charges detennined by (1) multiplying the aggregate Debt Service Requirements for such Series by the applicable Expansion Percentage, and (2) subtracting :trom the product so obtained all amounts previously transferred :trom the Capital Facilities Charges Fund to the Sinking Fund) including the Bond Amortization Account therein) pursuant to the provisions of Section 3.03 hereof. "Code" means the Internal Revenue Code of 1986, as amended, including, when appropriate, the statutory predecessor of the Code, and all applicable regulations (whether proposed, temporary or final) under that Code and the statutory predecessor of the Code, and any official rulings and judicial detenninations under the foregoing applicable to the Bonds. "Connection Charges" has the meaning set forth in the Unifonn Service and Extension Policy of the County. "Consolidation" means the combination and consolidation of the Holiday Pines System and the North Hutchinson System, including the combination and commingling of the moneys on deposit in the funds and accounts established pursuant to the Holiday Pines Resolution and the North Hutchinson Resolution and combining and consolidating all the Facilities, all as of the Effective Date. - "Consulting Engineers" means such qualified, and recognized consulting engineers, (a) having a favorable reputation for skill and experience in the planning, construction, operation and financial feasibility of facilities similar to that of the Utility System, (b) registered in the State, and (c) at the time retained by the County as an independent contractor to perfonn the acts and carry out the duties as herein provided for such Consulting Engineers. "County" means S1. Lucie County, Florida, a political subdivision of the State of Florida. . "Credit Facility" means, with respect to any Series, any municipal bond insurance policy, a letter of credit, surety bond, guarantee, or other agreement under which any Person other than the County guarantees timely payment of the principal of and interest on all or a portion of such Series. With respect to the Holiday Pines Bonds, Credit Facility means the Financial Guaranty Insurance Policy issued by MBIA Insurance Corporation, and with respect to the North Hutchinson Bonds means the Municipal Bond Insurance Policies issued by Ambac Assurance Corporation. "Credit Facility Issuer" means a Person which has provided a Credit Facility or a Reserve Account Credit Facility in connection with the issuance of any Series of Bonds or any particular Bonds within a Series. With respect to the Outstanding North Hutchinson Island Bonds, the Credit Facility Issuer is Ambac Assurance Corporation, and MBIA Insurance Corporation is the Credit Facility Issuer with respect to the Holiday Pines Bonds. basis. "Current Interest Bonds" means Bonds, the interest on which shall be payable on a periodic "Debt Service" means, for any period or at any time, the principal of, premium, if any, and interest due on the Bonds for that period or at that time, whether at maturity or redemption or otherwise. 4 ] 0866/5000_02 p ~ ~ -..I "Debt Service Requirement" means, for any Bond Year, as applied to the Bonds of any Series, the sum of: (1) the amount required to pay the interest becoming due on the Current Interest Bonds in such Bond Year; (2) the amount required to pay the principal of Current Interest Bonds maturing in such Bond Year; (3) the amount required to pay the Maturity Amount of Capital Appreciation Bonds payable in such Bond Year; and (4) the amount of the Amortization Installment for Tern1 Bonds payable in such Bond Year. In calculating the Debt Service Requirement for any period for any Series: (A) the County shall deduct ITom the an10unts calculated in Subparagraphs (1) through (4) above: (a) any accrued interest received ITom the sale of such Series and deposited into the Sinking Fund, (b) any capitalized interest deposited into the Sinking Fund for such period ITom the proceeds of the sale of such Series or otherwise (and, while any Bonds are supported by a Credit Facility, held by a bond trustee or paying agent having combined capital, surplus and undivided profits of at least $50,000,000, or approved by the Credit Facility Issuer, as agent for the Registered Owners and invested in Federal Securities); and (c) any Investment Earnings (i) required to be transferred to the Sinking Fund and accounts established therein with respect to such Series and (ii) required to be retained therein. (B) the interest due in any ensuing Bond Year on Variable Rate Bonds shall be assumed to be one hundred ten percent (110%) of the greater of (a) the daily average interest rate on such Variable Rate Bonds during the twelve (12) months ending with the month preceding the date of calculation, or such shorter period that such Variable Rate Bonds shall have been outstanding, or (b) the rate of interest on such Variable Rate Bonds on the date of such calculation; and (C) the stated maturity date of any Tenn Bonds shall be disregarded and the Amortization Installments applicable to such Tenn Bonds in such Bond Year shall be deemed to mature in such Bond Year. 5 10866/5000.02 . . '-' ..., "Defeasance Obligations" means: . (1) Federal Securities; and (2) obligations described in Section 103(a) of the Code, provision for the payment of the Debt Service on which shall have been made by the irrevocable deposit with a bank or trust company (which is a member of the FDIC and which has a combined capital, surplus and undivided profits of not less than $50,000,000) acting as a trustee or escrow agent for holders of such obligations, of securities described in clause (1) above, the maturing principal of and interest on which, when due and payable, will provide sufficient moneys, without reinvestment, to pay when due Debt Service on such obligations, and which securities described in clause (1) above are not available to satisfy any other claim, including any claim of the trustee or escrow agent or of any person claiming through the trustee or escrow agent or to whom the trustee or escrow agent may be obligated, including, in the event of the insolvency of the trustee or escrow agent, any proceedings arising out of such insolvency, and which are rated "AAA" by Moody's and "Aaa" by S&P. "District" means the utility district established by the Board pursuant to Ordinance 04-023, . enacted by the Board on June 15, 2004, as modified trom time to time. "Effective Date" means the day that the conditions for Consolidation have been satisfied; provided, however, that upon satisfaction of such conditions, the Effective Date shall be deemed to be October 1,2005, the first day of the County's Fiscal Year. "Expansion Facilities" means additions, extensions and improvements to the Utility System, together with all lands or interests therein, including plants, buildings, machinery, pipes, mains, fixtures, equipment, franchises, rights to water or wastewater service and all property, real or personal, tangible or intangible, heretofore or hereafter constructed or acquired in order to meet the increased demand upon the Utility System, whether actual or anticipated, created by new users cOlll1ecting to the Utility System, and shall expressly include that portion of the Utility System attributable to unused capacity as described in the Project Certificate relating to the Consolidation. "Expansion Percentage" means, with respect to any Series of Bonds, the fraction equal to that . portion of the aggregate of the Debt Service Requirements for such Series that is attributable to Expansion Facilities, if any, as shall be detennined by the Independent Consultant and as set forth in the Project Certificate relating to such Series. "Facilities" means all of the physical assets of the Utility System, and all parts thereof, now or hereafter existing, or any part thereof, by any additions, replacements, bettennents, extensions, improvements thereto, and property of any kind or nature, real or personal, tangible or intangible, hereafter constructed or acquired in connection with the Utility System. "Federal Securities" means direct, noncallable obligations of the United States of America or obligations on which the timely payment of principal and interest is fully and unconditionally guaranteed by the United States of America_ 6 10866/5000_02 .¡; '-' ...., "Fiscal Year" means the period commencing on October 1 of each year and ending on the succeeding September 30, or such other period as may be prescribed ITom time to time as the fiscal year for the County. "Fitch" means Fitch Inc., New York, New York, or any successor thereto. "Futures" means payments referred to as such in, and made pursuant to, Section 3.03(B) of, the Holiday Pines Service Corp. Utility System Asset Transfer Agreement between the County and Holiday Pines Services Corp., dated June 8, 1999. "Gross Revenues" means all fees, rentals or other charges or other income, (a) including (i) Guaranteed Revenue Fees and (ii) Investment Earnings required to be deposited into the Revenue Fund herein created, and (b) excluding (i) Capital Facilities Charges and (Investment Earnings thereon), and (ii) Net Proceeds of Insurance or Condemnation and (Investment Earnings thereon), received by the County in connection with the Utility System, or accruing to the County or to any other board or agency of the County in control of the management and operation of the Utility System, all as calculated in accordance with Accounting Principles. "Guaranteed Revenue Fees" has the meaning set forth in the Uniform Service and Expansion Policies of the County for the Utility System. "Holiday Pines Bonds" means the County's Holiday Pines Water and Wastewater System Revenue Bonds, Series 1999, dated July 1, 1999. "Holiday Pines Bonds Resolution" means Resolution 99-153, adopted by the Board on June 22, 1999, which authorized the Holiday Pines Bonds. "Holiday Pines Credit Facilities" means Financial Guaranty Insurance Policy No. 29599(1), dated July 8, 1999, issued by MBIA Insurance Corporation. "Holiday Pines Pledged Revenues" means the revenues pledged for the payment of the Holiday Pines Bonds pursuant to the Holiday Pines Bonds Resolution. "Holiday Pines Reserve Account Credit Facility" means Debt Service Reserve Surety Bond No. 29599(2), dated July 8, 1999, issued by MBIA Insurance Corporation. "Holiday Pines Service Area" means the geographical area in the County previously served by the Holiday Pines System or portions thereof. "Holiday Pines System" means all the facilities of the Holiday Pines Water and Wastewater System immediately prior to the Consolidation. "Independent Certified Public Accountants" means the firm of certified public accountants (i) licensed to practice public accounting in the State, and (íí) retained by the County as independent contractors for the purpose of auditing the books and records of the County, including those relating to the Pledged Revenues, and performing such other functions as are specified in this resolution. "Independent Consultants" means such firm or firms, consisting of or employing, registered professional engineers, architects, utility and rate consultants, or other professionals (i) having a 7 ] 0866/5000-02 .. '-' ...,; favorable reputation for the design, maintenance and operation of facilities such as the Utility System, and (ii) engaged by the County as independent contractors to perform the tasks set forth to be performed by such Independent Consultant by the provisions of this resolution or by other official action of the County, and shall include, where applicable, the Consulting Engineers. "Interest Payment Date" means, with respect to any Series, (a) any date on which interest is stated to be due on the Current Interest Bonds, as determined by subsequent resolution of the Board adopted at or prior to the time of sale of such Series, and (b) any date on which interest becomes due thereon on account of early redemption thereof or on account of the happening of an event which under the terms of the Bonds, requires a payment of interest to be made thereon, as determined by subsequent resolution of the Board adopted at or prior to the time of issuance of such Bonds. "Investment Earnings" means the income or earnings on investment of moneys in the funds and accounts created hereunder. "Lakewood Park Utility Facilities" means the water production, treatment, and distribution faciJities and the wastewater coIlection, transmission and treatment facilities described in the Master Plan as the "Lakewood Park Subdivision". "Master Plan" means the "Water and Wastewater Master Plan" for the St. Lucie County Utilities, Updated February 2004. "Maturity Amounts" means, with respect to any Capital Appreciation Bonds, the amounts representing principal and interest on such Capital Appreciation Bonds at maturity. "Maximum Debt Service Requirement" means, as of any particular date of calculation, the Debt Service Requirement for the then current or any future Bond Year which is greatest in doIlar amount with respect to all Outstanding Bonds of the particular Series of Bonds, or all Bonds, as the case may be. "Moody's" means Moody's Investors Service, New York, New York, or any successor thereto. "Net Proceeds of Insurance or Condemnation" means the gross proceeds of insurance coverage maintained with respect to the Utility System or any eminent domain award or payment in lieu of eminent domain award in connection with condemnation of any property to be included as part of the Utility System, less payment of attorneys' fees and expenses properly incurred in the coIlection of such amounts. "Net Revenues" means the Gross Revenues remammg after deducting only Operating Expenses. "North Hutchinson Bonds" means, coIlectively, the County's outstanding North Hutchinson Island Water and Sewer System Revenue Bonds, Series 2002, dated January 1,2002, and its North Hutchinson Island Water and Sewer System Revenue Refunding Bonds, Series 1997, dated February 1, 1997 (the "North Hutchinson 1997 Bonds"). "North Hutchinson Bonds Resolution" means Resolution No. 92-167, adopted on June 11, 1992, as amended and supplemented, which authorized the North Hutchinson Bonds. 8 10866/5000_02 , '-' ...J "North Hutchinson Bonds Escrow Deposit Agreement" means the agreement between the County and the North Hutchinson Bonds Escrow Holder, dated as of February 19, 1997, and providing for the deposit of a portion of the proceeds of the North Hutchinson 1997 Bonds, in trust with the North Hutchinson Bonds Escrow Holder for the purposes of making payment of the principal, premium, if specified, and interest on the North Hutchinson Refunded Bonds. "North Hutchinson Bonds Escrow Holder" means SouthTrust Bank of Florida, National Association, Fort Lauderdale, Florida. "North Hutchinson Credit Facilities" means (a) Financial Guaranty Insurance Policy No. 19103BE, dated January 31, 2002, and (b) Municipal Bond Insurance Policy No. l3634BE, dated February 19, 1997, each issued by Ambac Assurance Corporation. "North Hutchinson Pledged Revenues" means the revenues pledged for payment of the North Hutchinson Bonds pursuant to the North Hutchinson Bonds Resolution. "North Hutchinson Refunded Bonds" means the County's North Hutchinson Island Water and Sewer System Revenue Bonds, Series 1992, dated June 1, 1992. "North Hutchinson Service Area" means the geographical area in the County previously served by the North Hutchinson System or portions thereof. "North Hutchinson System" means all the facilities of the North Hutchinson Island Water and Sewer System immediately prior to the Consolidation. "Operating Expenses" means the current expenses, paid or accrued, of operation, maintenance and repair of the Utility System and its Facilities and includes, without limiting the generality of the foregoing, (i) direct charges by the County for services rendered to the Utility System by other County officers or departments, (ii) insurance premiwns, (iii) charges for the accumulation of appropriate reserves not annually recurrent but which are such as may reasonably be expected to be incurred in accordance with Accounting Principles, and (iv) the cost of product and services purchased by the Utility System for resale to customers of the Utility System in lieu of providing such product and services by the Utility System directly. "Operating Expenses" shall not include (i) any allowance for depreciation or other non-cash expenses, except to the extent expressly herein provided, (ii) any payments pursuant to any condemnation award in connection with the acquisition of any property to be included as part of the Utility System or (iii) indirect charges, payments-in-lieu of taxes, or other charges not directly for product or services furnished to the Utility System. In determining Operating Expenses, there shall not be taken into account: (a) gain or loss resulting from either the extinguishment or refinancing of any Series or other long-term indebtedness; (b) loss from the sale, exchange or other disposition of capital assets not made in the ordinary course of business; and ( c) capital expenditures for renewal, replacement, expansion or acquisition of capital assets (including any deposits or reserves therefor). "Outstanding" means as applied to Bonds, as of any applicable time, all Bonds which have been authenticated and delivered, or which are being delivered, under this resolution, except: (a) Bonds cancelled upon surrender, exchange or transfer, or cancelled after purchase in the open market or because of payment at or redemption prior to maturity; 9 10866/5000_02 .... ,.."", (b) Bonds, or portions thereof, which are considered no longer Outstanding pursuant to Section 6.04 hereof; ( c) Bonds, or portions thereof, which are deemed paid upon the redemption or maturity thereof for which moneys sufficient to pay the Maturity Amount or Redemption Price thereof have been deposited with the Paying Agent; provided that, if such Bonds are to be redeemed before the maturity thereof, the Board shall have adopted a resolution calling such Bonds for redemption and directing the Registrar to mail notice of redemption to the Owners of Bonds so called for redemption; (d) Bonds in lieu of which other Bonds have been issued under Section 2.06 or 2.07 hereof. For purposes of voting, giving directions and granting consents, Bonds held by the County or by an agent of the County shall not be deemed Outstanding. "Outstanding Bonds" means, as of the Effective Date, the then Outstanding Holiday Pines Bonds and North Hutchinson Bonds, as defined in the Holiday Pines Bonds Resolution and the North Hutchinson Bonds Resolution, respectively. "Paying Agent" means, with respect to any Series, the Person who is serving as Bond Registrar for such Series, unless otherwise provided by resolution of the Board. "Person" or words importing persons, means firms, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations, public or governmental bodies, other legal entities and natural persons. "Pledged Revenues" means (i) the Net Revenues and (ii) the Capital Facilities Charges (in an amount not to exceed the Capital Facilities Charges Debt Service Component) and (iii) the moneys on deposit in the funds and accounts established hereunder until expended for the purposes provided herein. "Principal Maturity Date" means with respect to any Series, the annual or other periodic date on which (i) principal matures on the Current Interest Bonds or (ii) Maturity Amounts are payable on Capital Appreciation Bonds, as determined by subsequent resolution of the Board adopted at or prior to the sale of such Series and, in each case, includes applicable dates on which Amortization Installments are required to be applied to retire Term Bonds. "Project" means the acquisition and construction of additions, extensions and improvements to the System and all purposes incidental thereto, substantially in accordance with reports, plans and specifications of the County's Independent Consultant filed with the County, and, with respect to any particular Series, may have such meaning specified in the related authorizing resolution with respect to any portion of the Project to be financed thereby. "Project Certificate" means the certificate of the Independent Consultant filed with the County at or prior to the date of delivery of any Series of Bonds and setting forth (i) the estimated total cost ofthe Project to be constructed with the proceeds of such Bonds, (ii) the estimated cost of 10 10866/5000_02 ~ ...,.¡ the Expansion Facilities portion of the Project, (iii) the Expansion Percentage, and (iv) the Capital Facilities Charges Debt Service Component. "Project Costs" means, but shall not necessarily be limited to: the cost of the construction and acquisition of additions, extensions, and improvements to the Utility System; the acquisition of any lands or interests therein or any other properties deemed necessary or convenient therefor; engineering, accounting, and legal fees and expenses; expenses for plans, specifications and surveys; expenses for estimates of costs and of revenues; the fees of fiscal agents, financial advisors and consultants; administrative expenses; the capitalization of interest on the Bonds authorized hereby for a reasonable period of time after the date of issuance and delivery thereof; the establishment of reasonable reserves for the payment of Debt Service on the Bonds; discount upon the sale of the Bonds; the expenses and costs of issuance of the Bonds; the cöst of purchasing any Credit Facility or Reserve Account Credit Facility with respect to the Bonds; such other expenses as may be necessary or incidental to any financing authorized pursuant to this resolution, to any Project, and to the placing ofthe same in operation; and reimbursement to the County for any sums expended for the foregoing purposes, including, in particular, any costs, fees or expenses incurred, or any deposit required, in connection with any action of eminent domain for purposes of acquiring the Project. In connection with any particular Series of Bonds, Project Costs shall mean those of the foregoing costs which are to be paid or financed by proceeds of such Series. "Project Fund" means any fund authorized, created and established by the County pursuant to this resolution for the payment of Project Costs. "Rating Agency" means Fitch, Moody's, and/or S&P, if and to the extent that such company at the time maintains a published rating on any Bonds. "Record Date" means, when used with respect to any Series, the fifteenth day of the calendar month next preceding an Interest Payment Date applicable to that Series, or such other date as may be specified by subsequent resolution of the Board. "Redemption Date" means, for any Series, any date as of which Bonds are called for redemption prior to maturity. "Redemption Price" means the sum, expressed as a percentage of the principal amount of Bonds to be redeemed, to be paid to the Registered Owners of any Bonds upon the Redemption Date. "Refunding" means any program for refinancing or refinancing Bonds prior to the maturity thereof. "Refunding Costs" means, but shall not necessarily be limited to: the cost of payment of the principal of, premium, if specified, and interest on any Bonds; expenses for estimates of costs and of revenues; the fees of fiscal agents, financial advisors and consultants; administrative expenses; the capitalization of interest on the Bonds for a reasonable period of time after the date of issuance and delivery thereof; the establishment of reasonable reserves for the payment of Debt Service on the Bonds; discount upon the sale of Bonds; the expenses and costs of issuance of Bonds; the cost of purchasing any Credit Facility or Reserve Account Credit Facility with respect to Bonds; such other expenses as may be necessary or incidental to any Project financing, to any Refunding, and to the 11 10866/5000.02 "-' ...." accomplishing thereof and reimbursement to the County for any sums expended for the foregoing purposes. "Registered Owner" or "Owner" means any Person who shall be the owner of any Outstanding Bond or Bonds as shown on the Register maintained by the Bond Registrar. "Renewal and Replacement Fund Requirement" means an amount, determined as of the beginning of each Fiscal Year, equal to one-twelfth (1/12) of five percent (5%) of the Gross Revenues (excluding Guaranteed Revenue Fees) for the preceding Fiscal Year. "Reserve Account Credit Facility" means a policy of insurance, an irrevocable letter of credit, surety bond or other insurance or financial product which provides for payment of amounts equal to all or a portion of the Reserve Account Requirement in the event of an insufficiency of moneys in the Sinking Fund to pay principal of and interest on any Series or installment of the Bonds, and which meets the criteria set forth in Section 3.03(E)(5) hereof "Reserve Account Credit Facility Costs" means the amounts the County is required to pay a Credit Facility Issuer as a result of a draw thereunder or otherwise pursuant to such Reserve Account Credit Facility or any related agreement. "Reserve Account Credit Facility Coverage" means the amount then available to be paid to the Paying Agent under the terms of the Reserve Account Credit Facility at any particular time. "Reserve Account Requirement" means the lesser of (1) the Maximum Debt Service Requirement for all Bonds or for the Bonds of a Series, as the case may be, then Outstanding or (2) the maximum aggregate amount allowed under the provisions of the Code to be funded as a reasonably required reserve ÍÌom the proceeds of Bonds or for the Bonds of a Series, as the case may be, and/or Additional Parity Bonds. "Reserve Account Value" means the aggregate of the Reserve Account Credit Facility Coverage and the value of moneys and Authorized Investments credited to the Reserve Account. The values of such Authorized Investments are to be calculated as provided in Section 3.03(E)(5) hereof "S&P" means Standard & Poor's Corporation, New York, New York, or any successor thereto. "Serial Bonds" means any Current Interest Bonds or Capital Appreciation Bonds for the payment of the principal of which, no fixed mandatory sinking fund or redemption deposits are required to be made prior to the 12-month period immediately preceding the stated date of maturity of such Bonds. "Series" means an amount of Bonds designated by the County as a single series, which may be issued in one or more installments. "Service Area" means the area within the boundaries ofthe District. "State" means the State of Florida. 12 10866/5000_02 ~ ,.." "Subordinate Debt" means any obligations issued or incurred by the County and payable from the Pledged Revenues which are junior and subordinate to any Bonds issued pursuant to this resolution as to security for payment from such Pledged Revenues and in all other respects. "System" means the combined and consolidated Water System and Wastewater System. "Table of Accreted Values" means, with respect to any Capital Appreciation Bonds, the table which shows the sum of the principal and interest on such Bonds as of each Interest Payment Date. "Term Bonds" means the Current Interest or Capital Appreciation Bonds of a Series, all of which shall be stated to mature on one date and which are subject to retirement by operation of the applicable Bond Amortization Account in the Sinking Fund herein established. "Uniform Service and Extension Policy" means the policy for the extension of services and facilities, pursuant to Resolution No. 99-106, adopted by the Board on May 18, 1999, as amended from time to time. "Utility System" means the Water System and the Wastewater System comprised of the combined and consolidated North Hutchinson System and the Holiday Pines System together with any additions, extensions and improvements thereto. "Variable Rate Bonds" means Bonds, the interest rate on which is subject to adjustment at such times and in such manner as shall be determined by the Board prior to the sale thereof. "Wastewater System" means the system for the collection, treatment and discharge/reuse of wastewater located in the County, together with any additions, extensions and improvements thereto, both within and without the boundaries of the County, hereafter constructed or acquired and determined by the County to be added thereto, either from the proceeds of Bonds authorized by this resolution or from any other source, and shall include, without being limited to, all facilities for the collection, treatment and discharge/reuse of wastewater, including plants, buildings, machinery, franchises, pipes, fixtures, equipment and all property, real or personal, tangible or intangible, now or hereafter owned or used in connection with the Wastewater System and shall specifically include the wastewater facilities of the Holiday Pines System, the North Hutchinson System, the Airport Utility Facilities and the Lakewood Park Utility Facilities. "Water System" means the water production, treatment and distribution system located in the County, together with any additions, extensions and improvements thereto, both within and without the boundaries of the County, hereafter constructed or acquired and determined by the County to be added thereto, either from the proceeds of Bonds authorized by this Resolution or from any other source, and shall include, without being limited to, all facilities for the production, treatment, supply and distribution of water, including wells, mains, pumping stations, tanks, machinery and equipment, plants, buildings, franchises, and all property, real or personal, tangible or intangible, now or hereafter owned or used in connection with the Water System. SECTION 1.03. INTERPRETATION. Any reference herein to the County, to the Board or to any member or officer of either, includes entities or officials succeeding to their respective functions, duties or responsibilities pursuant to or by operation of law or lawfully performing their functions. 13 ]0866/5000-02 '-' ..., Unless the context clearly indicates otherwise, any reference to a section or provision of the Constitution of the State or the Act, or to a section, provision or chapter of the Laws of Florida or the United States of America, includes that section, provision or chapter as amended, modified, revised, supplemented or superseded from time to time; provided, that no amendment, modification, revision, supplement or superseding section, provision or chapter shall be applicable solely by reason of this provision, if it constitutes in any way an impairment of the rights or obligations of the County, the officers, employees and members of the Board, the Registrar, the Paying Agent, the Registered Owners, or any Credit Facility Issuer under this resolution, the Bonds, or any other instrument or document entered into in connection with any ofthe foregoing. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this resolution; and the term "hereafter" means after and the term "heretofore" means before the date ofthis resolution. Words of any gender include the correlative words of the other genders, unless the context indicates otherwise. SECTION 1.04. CAPTIONS. The captions and headings herein are solely for convenience of reference and in no way define, limit or describe the scope or intent of any Articles, Sections, subsections, paragraphs, subparagraphs or clauses hereof SECTION 1.05. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) The County now owns the Holiday Pines System and the North Hutchinson System and operates the Holiday Pines System and the North Hutchinson System as separate and distinct revenue producing enterprises of the County. (B) It is necessary and desirable and in the best interests of the County and its residents and the customers of the Holiday Pines System and the North Hutchinson System that the two Systems be combined and consolidated into a single revenue producing enterprise of the County. (C) The County currently has outstanding the Holiday Pines Bonds and the North Hutchinson Bonds. The Holiday Pines Bonds are payable from and secured by a lien upon and pledge of the Holiday Pines Pledged Revenues and by the Covenant contained in Section 3.03(G) of the Holiday Pines Bonds Resolution, and the North Hutchinson Bonds are payable from and secured by a lien upon and pledge of the North Hutchinson Pledged Revenues. (D) The County is authorized pursuant to the provisions of Section 5.01(F)(iv) and 5.01(L) ofthe North Hutchinson Bonds Resolution and Section 5.01(F)(iv) and 5.01(L) of the Holiday Pines Bonds Resolution to combine and consolidate the Holiday Pines System and the North Hutchinson System, provided (a) that certain financial tests set for therein have been met, (b) that certain opinions of the Independent Consultant have been received and ( c) that the consent of the Credit Facility Issuer has been granted. The County has been advised that these conditions will be satisfied as of the Effective Date. (E) Subsequent to the Consolidation, (1) the funds and accounts established pursuant to the Holiday Pines Bonds Resolution shall be combined and consolidated with the corresponding funds and accounts established pursuant to the North Hutchinson Bonds Resolution, and shall thereafter consist of one set of funds and accounts, as provided for herein; 14 108661500(1-02 '"" .",,¡ (2) the Holiday Pines Bonds and the North Hutchinson Bonds shall be deemed to be Bonds, as defined herein, Outstanding under the provisions of this resolution and shall be payable on a parity from the Pledged Revenues, without distinction of any of such Bonds over any other of such Bonds; (3) all of the Bonds shall be entitled to the benefits and protections of the provisions of this resolution, without distinction of any of such Bonds over any other of such Bonds; provided that the Holiday Pines Bonds Credit Facilities shall continue to be solely for the benefit of the Holiday Pines Bonds, and the North Hutchinson Bonds Credit Facilities shall continue to be solely for the benefit of the North Hutchinson Bonds. (F) The Pledged Revenues are estimated to be sufficient to pay, as the same become due and payable, the Debt Service Requirement on the Outstanding Bonds, and all other payments required to be made by the provisions of this resolution. (G) Payment of the Debt Service Requirement, payments to maintain the Reserve Account Requirement, and payments required to be made to the Renewal and Replacement Fund, shall be secured solely by a lien upon and pledge of the Pledged Revenues as provided herein. No Bonds issued hereunder shall ever constitute a general obligation or indebtedness of the County and no Registered Owner or Credit Facility Issuer shall ever have the right to compel a levy of ad valorem taxes upon any property within or without the County to pay the Bonds or the interest thereon or be entitled to payment of the Bonds from any source other than the Pledged Revenues. The Bonds shall not constitute a lien upon the Utility System, any Project, or upon any other properties leased by, owned by or located within or without the County or located within the boundaries of the Service Area, other than the Pledged Revenues, and then only in the manner provided herein. (H) The County, subsequent to the Consolidation, is entitled to release the Covenant, and MBIA Insurance Corporation, the issuer of the Holiday Pines Credit Facilities, has given its consent to the release of the Covenant contained in Section 3.03(G) of the Holiday Pines Bond Resolution. It is necessary, desirable, and in the best interests of the County that the Covenant be released in connection with the Consolidation. (I) The Bonds shall not be or constitute general obligations or indebtedness of the County as "bonds" within the meaning of any provision of the Constitution of the State, but shall be and are hereby declared to be special, limited obligations of the County, the principal of, premium, if any, and interest on which are payable from and secured solely by the Pledged Revenues in the manner provided herein. The principal of, premium, if any, and interest on the- Bonds and all other payments provided for herein will be secured solely by the Pledged Revenues, and no Registered Owners shall ever have the right to require or compel the County to levy taxes on any real property of or in the County to pay the principal of, premium, if any, and interest on the Bonds or to make any of the sinking fund, reserve, or other payments provided for herein. Furthennore, neither the Bonds nor the interest or premium, if any, thereon, shall be or constitute a lien upon the System or upon any other property of or in the County, other than the Pledged Revenues, in the manner provided in this Resolution. 15 1086615000.02 ~. "wi SECTION 1.06. RESOLUTION CONSTITUTES A CONTRACT. Pursuant to the provisions of the Holiday Pines Bonds Resolution and the North Hutchinson Bonds Resolution, this resolution shall be deemed to be the contract between the Registered Owners of the Outstanding Bonds and the provisions hereof shall be deemed to supersede and replace the provisions of the Holiday Pines Bonds Resolution and the North Hutchinson Bonds Resolution with respect to such Outstanding Bonds. In consideration of the acceptance of Bonds hereafter issued hereunder by those who shall be the Registered Owners of the same from time to time, and of the issuance of any Credit Facility or Reserve Account Credit Facility by any Credit Facility Issuer, this resolution shall be deemed to be and shall constitute a contract by and among the County, such Registered Owners and the Credit Facility Issuer, and the covenants and agreements herein set forth to be perfonned by the County shall be for the equal benefit, protection, and security of the Registered Owners of any and all such Bonds and Credit Facility Issuers, and all of the Bonds Outstanding hereunder at any time shall be of equal rank and without preference, priority, or distinction of any of the Bonds over any other thereof, except as expressly provided therein or herein. This resolution shall further be deemed to be a contract between the County and the holders of any Subordinate Debt which may be Outstanding hereunder from time to time subject and subordinate to the contract between the County and the Registered Owners of Bonds. (End of Article I) 16 10866/50oom '-' 'WI ARTICLE II AUTHORIZATION OF BONDS; AUTHORIZATION OF CONSOLIDATION; DESCRIPTION, DETAILS AND FORM OF BONDS SECTION 2.01 AUTHORIZATION OF CONSOLIDATION. The Consolidation is hereby authorized and approved, subject only to the County's compliance as of the Effective Date with the requirements therefor contained in Sections 5.01(F)(iv) and 5.02(L) of the Holiday Pines Bonds Resolution and the North Hutchinson Bonds Resolution and the County's receiving such opinions and assurances as of the Effective Date as are deemed necessary or advisable by the County Attorney and Bond Counsel to the County. The Outstanding Bonds shall from and after the Effective Date be deemed to be Outstanding pursuant to the terms of this resolution. - SECTION 2.02. AUTHORIZATION OF BONDS. Subject and pursuant to the provisions of this resolution, obligations of the County, to be known as "Utility System Revenue Bonds", are hereby authorized to be issued from time to time for the purpose of financing Project Costs and Refunding Costs. SECTION 2.03. DESCRIPTION OF BONDS. The Bonds of each Series shall be numbered; shall be in such denominations or maturity amounts; shall be dated as of the date of their delivery or such other date prior to the date of their delivery; shall bear interest at not exceeding the maximum rate allowed by law; payable on such dates; shall mature on the first day of such month, in such years, not to exceed forty (40) years from the date thereof, and in such amounts; and may be issued as Current Interest Paying Bonds, Capital Appreciation Bonds, Variable Rate Bonds, Serial Bonds, Term Bonds, or any combination thereof; all the foregoing as shall be determined by subsequent resolution of the Board adopted at or prior to the time of sale of any Series of the Bonds. Prior to the issuance and delivery of Term Bonds, the Board shall designate Amortization Installments for each maturity thereof, and (i) each such installment shall be deemed to be due on the Interest Payment Date or Principal Maturity Date of each applicable year as is fixed by resolution of the Board and (ii) the aggregate of such installments for each maturity shall equal the aggregate principal amount of Term Bonds of such maturity delivered on original issuance (or, with respect to Capital Appreciation Bonds, the aggregate principal amount of Term Bonds of such maturity delivered on original issuance plus the interest accrued thereon to the applicable Redemption Dates). The Bonds may be issued in Series or installments from time to time. Different installments and Series of the Bonds may have such characteristics as shall be provided herein and by subsequent resolution of the Board and shall bear a designation to distinguish such Series or installment from other Series or installments of the Bonds. The Bonds of each Series shall be issued in fully registered form; shall be payable with respect to principal at the office of the Paying Agent; shall be payable in lawful money of the United States of America; and shall bear interest from their date, or from the most recent date to which interest has been paid, payable, in the case of Current Interest Paying Bonds, by check or draft mailed to the Registered Owner at his address as it appears upon the books of the Bond Registrar as of 5:00 P.M. Eastern Time on the Record Date, and in the case of Capital Appreciation Bonds, at 17 1086615000.02 '-' .." maturity upon presentation at the office of the Paying Agent; provided that, for any Registered Owner of one million dollars ($1,000,000) or more in principal amount of Bonds, such payment shall, at the written request of such Registered Owner, be made by wire transfer or other medium acceptable to the County and to such Registered Owner. SECTION 2.04. EXECUTION AND AUTHENTICATION OF BONDS. The Bonds of each Series shall be executed in the name of the County by the Chairman or Vice-Chairman of the Board, and countersigned and attested by the Clerk or Deputy Clerk of the Circuit Court, ex officio Clerk or Deputy Clerk of the Board, and the corporate seal of the County or Board or facsimile thereof shall be affixed thereto or reproduced thereon. The signatures of the Chairman or Vice-Chairman and the Clerk or Deputy Clerk may be manual or facsimile signatures imprinted or reproduced thereon. The Registrar shall serve as authenticating agent for the Bonds and is authorized to authenticate Bonds. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under the provisions of this resolution until the certificate of authentication on the Bonds shall have been signed by an authorized signer of the authenticating agent. The authorized signature for the Registrar shalJ be either manual or in facsimile, provided, however, that at least one of the above signatures, including that of the authorized signature for the Registrar, appearing on the Bonds shall be a manual signature. The authentication by the Registrar upon any Bond shall be conclusive evidence that the Bond so authenticated has been duly delivered hereunder and is entitled to the security and benefit hereof. In case any officer who shall have signed or sealed any of the Bonds shall cease to be such officer of the County before the Bonds have been delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the County by such person as at the actual time of the execution of such Bond shall hold the proper office in the County, although at the date of such Bonds such person may not have held such office. SECTION 2.05. NEGOTIABILITY AND REGISTRATION, TRANSFERABILITY AND EXCHANGE. (a) The Bonds shall be and have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities Laws of the State of Florida, and each successive Registered Owner, in accepting any of said Bonds shall be conclusively deemed so to have agreed. (b) The provisions of this Section 2.05(b) shall apply to any Series for which the County has not elected to utilize a Book-Entry System or issue such Series in Book-Entry Form. The Registrar shall be responsible for maintaining the Bond Register. Any Registrar, other than the County, shall be a transfer agent qualified to act under the provisions of Section 17 A( c) of the Securities Exchange Act of 1934, as amended. The County and the Registrar may treat the Registered Owner of any Bond as the absolute owner thereof for all purposes, whether or not such Bond shall be overdue, and shall not be bound by any notice to the contrary. All Bonds presented for transfer or exchange (if so required by the County or the Registrar) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the County or the Registrar, duly executed by the Registered Owner or by his duly authorized attorney. 18 1086615000.02 '-' ...." - The Registrar or County may charge the Registered Owner a sum sufficient to reimburse it for any expenses incurred in making any exchange or transfer after the first such exchange or transfer following the initial delivery of the Bonds. The Registrar or the County may also require payment ITom the Registered Owner or his transferee, as the case may be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Such charges and expenses shall be paid before any new Bonds shall be delivered. The County and the Registrar shall not be required to issue, transfer or exchange any Bonds (a) during a period beginning at the opening of business on the Record Date and ending at the close of business on the next succeeding Interest Payment Date or (b) selected for redemption in whole or in part, whether or not notice of redemption has been formally published. New Bonds delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Bonds surrendered, shall be secured by this resolution, and shall be entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered. Whenever any Bond shall be delivered to the Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such Bond shall be cancelled and destroyed by the Registrar as authorized by law, and counterparts of a certificate of destruction evidencing such destruction shall be furnished to the County. (c) The County may elect to use a Book-Entry System for issuance and registration of the Bonds of any Series, and the details of any such system shall be fixed by the Board prior to the time of issuance of such Bonds. SECTION 2.06. REPLACEMENT OF BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar may in its discretion issue and deliver a new Bond, of like tenor as the Bond, so mutilated, destroyed, stolen or lost, either in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, upon the Registered Owner's furnishing the Registrar proof of his ownership thereof (ifIost, stolen or destroyed), satisfactory indenmity in favor of both the County and the Registrar, complying with such other reasonable regulations and conditions as the Registrar and County may prescribe, and paying (in advance if required by the county) such expenses and attorneys fees as the County may incur. All Bonds so surrendered shall be cancelled. If any such Bonds shall have matured or are about to mature, instead of issuing a substitute Bond, the Registrar may pay the same, upon compliance with the foregoing conditions. Any such duplicate Bonds issued pursuant to this section shall constitute original, additional contractual obligations on the part of the County, whether or not any lost, stolen or destroyed Bonds are found. SECTION 2.07. TEMPORARY BONDS. Until Bonds in definitive fonn are ready for delivery, the County may deliver in lieu of such definitive Bonds, and subject to the same provisions, limitations and conditions, one or more printed or typewritten Bonds in temporary fonn, substantially of the tenor of the Bonds, with appropriate omissions, variations. The County shall deliver Bonds in definitive fonn without unreasonable delay in exchange for the temporary Bonds. 19 10866/5000_02 '-" ~ SECTION 2.08. BOND ANTICIPATION NOTES. In anticipation of the delivery of any Series, the County may issue anticipation notes, in the aggregate principal amount not to exceed the authorized aggregate principal amount of such Series. Provisions regarding the fonn of such anticipation notes and the security therefor shall be set forth in a separate resolution of the Board adopted at or prior to the time of sale of such anticipation notes. SECTION 2.09. PROVISIONS FOR REDEMPTION. The Bonds of any series may be redeemable, by operation of the applicable Bond Amortization Account or, at the option of the County, as provided by subsequent resolution of the Board adopted prior to the delivery of the Bonds; provided, that no optional redemption of Bonds shall be pennitted while any Reserve Account Credit Facility Costs remain outstanding and unpaid. Notice of such redemption shall be given as provided herein. (A) Not more than sixty (60) calendar days or less than thirty (30) calendar days prior to the Redemption Date, notice of any such redemption, which shall be dated and state (a) the Redemption Date, (b) the Redemption Price, (c) the identification and respective principal amount of Bonds to be redeemed if less than all Bonds are to be redeemed, (d) that on the Redemption Date the Redemption Price will become due and payable on the Bonds or portions thereof called for redemption, (e) that interest on each such Bond shall cease to accrue from and after such date, and (f) the place where the Bonds are to be surrendered for payment ofthe Redemption Price (i) shall be filed with the Registrar, and (ii) shall be mailed, postage prepaid, to all Registered Owners of Bonds to be redeemed at their addresses as they appear on the Bond Register. Notice of Redemption of Bonds, other than by operation of the Bond Amortization Account and other than pursuant to any plan of advanced refunding of Bonds, shall be provided as set forth herein only from and to the extent that funds sufficient to pay the Redemption Price and accrued interest on the Bonds to be redeemed are on deposit in the funds and accounts held by the Paying Agent and available for such purpose on the date the notice of redemption is mailed. Interest shall cease to accrue on the Redemption Date on any Bonds duly called for prior redemption for which payment has been duly provided. Failure of any Registered Owner to receive notice properly provided shall not affect the validity of any such proceedings for redemption or the cessation of the accrual of interest on any Bonds called for redemption from and after the Redemption Date. (B) In addition to the foregoing notice, further notice shall be given as set out below, but no defect in any such notice nor any failure to give all or any portion of any notice shall in any manner defeat the effectiveness of a call for redemption with respect to a Registered Owner as to which notice is given as prescribed Paragraph A above. Each further notice of redemption given hereunder shall contain the infonnation required above for an official notice of redemption plus: (i) the date of the Bonds being redeemed; (ii) the rate of interest borne by the Bonds being redeemed; (iii) the maturity date of the Bonds being redeemed; (iv) the CUSIP number of the Bonds being redeemed; and (v) any other descriptive infonnation needed to identify accurately the Bonds being redeemed. Each further notice of redemption under this Paragraph B shall be sent at least thirty-two (32) days before the Redemption Date by registered or certified mail or overnight delivery service (at the expense of the addressee) to the Credit Facility Issuer and to all registered securities depositories then in the business of holding substantial amounts of obligations of types such as the Bonds (such depositories now being The Depository Trust Company of New York, New York, New York; the Midwest Securities Trust Company of Chicago, lllinois; and the Philadelphia Depository Trust Company of Philadelphia, Pennsylvania) and to one or more national infonnation services that 20 10866/5000.02 '-' >.I disseminate notices of redemption of obligations such as the Bonds (such as Financial Infonnation, Inc.'s Financial Daily Called Bond Service, Interactive Data Corporation's Bond Service, Kenny Infonnation Service's Called Bond Service and Standard & Poor's Called Bond Record). SECTION 2.10. FORM OF BONDS. The text of the Bonds shall be provided for by subsequent resolution adopted prior to the issuance thereof. (End of Article II) 21 108õ6/5000.02 '-' ." ARTICLE III PLEDGE OF REVENUES AND APPLICATION THEREOF SECTION 3.01. BONDS NOT GENERAL OBLIGATIONS OR INDEBTEDNESS OF THE COUNTY. The Bonds, the premium, if any, and the interest thereon shall not be or constitute general obligations or indebtedness of the County (or "bonds" within the meaning of the Constitution of the State of Florida), but shall be payable from and secured solely by a lien upon and a pledge of the Pledged Revenues as herein provided. No Registered Owner or Owners of any Bonds or any Subordinate Debt issued hereunder shall ever have the right to compel the exercise of the ad valorem taxing power of the County or taxation in any fonn of any property within or without the County to pay the Bonds or any Subordinate Debt, the premium, if any, or the interest thereon or be entitled to payment of such principal, premium, if any, and interest from any other funds of the County except fì:om the Pledged Revenues in the manner provided herein. The Bonds and the Subordinate Debt, the premium, if any, and the interest thereon, shall not have or be a lien upon any Project, any Facilities, the Consolidated System or any property of or in the County or within the Service Area, other than the Pledged Revenues in the manner provided herein. SECTION 3.02. BONDS SECURED BY PLEDGED REVENUES. The payment of the principal, premium, if any, and interest on all of the Bonds Outstanding and issued hereunder shall be secured forthwith equally and ratably with the other Bonds by a lien upon and pledge of the Pledged Revenues. The Pledged Revenues, in an amount sufficient both to pay the principal of, premium, if any, and interest on the Bonds and to make the payments into the Reserve Account and Sinking Fund and all other payments provided for in this resolution are hereby irrevocably pledged in the manner stated herein to the payment of the principal of, premium, if any, and interest on the Bonds as the same become due; provided that said pledge and lien may be released and extinguished by defeasance as provided in Section 6.04 hereof. Notwithstanding the foregoing, no provision hereof is intended to prohibit the payment of the principal of, premium, if any, and interest on any Series from, or the pledging to such payment of, any lawfully available additional revenues, reserves, security, documents, obligations or sources offunds. SECTION 3.03. APPLICATION OF PLEDGED REVENUES. For as long as any of the principal of, premium, if any, and interest on any of the Bonds or the Subordinate Debt shall be outstanding and unpaid or until (a) there shall have been set apart in the Sinking Fund, herein established, including any subaccounts therein for any Series of Bonds and the Subordinate Debt, and the Reserve Account and Bond Amortization Account (and subaccounts therein) a sum sufficient to pay when due the entire principal amount of the Bonds remaining unpaid, together with the premium, if any, with respect thereto, and the interest accrued or to accrue thereon, or (b) provision for payment of the Bonds shall have been made in accordance with the tenns of Section 6.04 hereof and the lien of the Bonds upon the Pledged Revenues shall have been defeased, the County covenants with the Registered Owners of any and all Bonds as follows: (A) CREATION OF FUNDS AND ACCOUNTS. There are hereby created and established the following funds and accounts: the Utility System Revenue Fund, hereinafter referred to as the "Revenue Fund"; the Utility System Capital Facilities Charges Fund, hereinafter called the "Capital Facilities Charges Fund", together with the "Water System Capital Facilities Charges Account" and the "Sewer System Capital Facilities Charges Account" therein; the Utility System Revenue Bonds Sinking Fund, hereinafter called the "Sinking Fund", together with the '-' ....", accounts therein to be known as the "Bond Amortization Account" (together with any subaccounts therein) and the "Reserve Account", including, in the Reserve Account, the "Holiday Pines Reserve Subaccount" and the "North Hutchinson Reserve Subaccount"; the Utility System Renewal and Replacement Fund, hereinafter called the "Renewal and Replacement Fund", the Utility System Subordinate Debt Service Fund, hereinafter called the "Subordinate Debt Service Fund"; and the Utility System Project Fund, hereinafter referred to as the "Project Fund;" provided that separate Sinking Funds, and separate accounts and subaccounts in any of the foregoing may be established and maintained for different Series or installments of Bonds. The corresponding funds and accounts created pursuant to the North Hutchinson Bonds Resolution. and the Holiday Pines Bonds Resolution shall be combined and consolidated into the foregoing funds and accounts as of the Effective Date. (B) MAINTENANCE OF FUNDS AND ACCOUNTS. The designation and establishment of the various funds and accounts in and by this resolution shall not be construed to require the establishment of any completely independent, self-balancing funds or accounts, as such terms are commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of Pledged Revenues for certain purposes and to establish certain priorities for application of such Pledged Revenues as provided herein. Cash and Authorized Investments required to be accounted for in each of the funds and accounts established by this resolution may be deposited in a single bank account, provided that accounting records, prepared in accordance with Accounting Principles are maintained to reflect control or restricted allocation of the moneys therein for the various purposes of sllch funds and accounts. Deposits into the accounts for any Series or installment of Bonds shall be on a parity with the deposits, if any, into the corresponding accounts for each other Series or installment of Bonds (or, in the case of a deficiency, shall be on a pro rata basis computed with regard to the aggregate principal amount of Bonds of each Series or installment then Outstanding) unless specified otherwise; further provided that moneys on deposit in the accounts established for a particular Series or installment of Bonds may be specified not to be available to be used for payments required to be made trom the corresponding accounts for any other Series or installment of Bonds. (C) APPLICA nON OF GROSS REVENUES. All Gross Revenues shall, immediately upon receipt thereof, be deposited by the County into the Revenue Fund. Moneys on deposit in the Revenue Fund shall be applied in each month, subject to credits for deposits as provided herein below, only in the following manner and order of priority; provided, that with respect to any payment period for any Series of Bonds that is other than annual or semi-annual, the required deposits shall be such as to provide for equal monthly deposits of all amounts required to meet the annual Debt Service Requirement of such Series: (1) Moneys shall first be used to pay Operating Expenses; priority: (2) Moneys shall next be used for deposit into the Sinking Fund in the following (a) in such sums as are necessary to pay one-sixth (1/6) of the interest becoming due on the Current Interest Paying Bonds on the next Interest Payment Date; 23 10866/500002 k """ """" (b) in such sums as are necessary to pay one-twelfth (1/12) of the principal maturing on Current Interest Paying Serial Bonds on the next Principal Maturity Date; (c) on a parity with the payments provided in subparagraph (b) above, into the appropriate subaccount in the Bond Amortization Account, in such sums as are necessary to pay one-twelfth (1/12) of the Amortization Installment for Term Bonds which shall become due and payable during the current Bond Year; and (d) on a parity with the payments provided in subparagraphs (b) and (c) above, in such sums as are necessary to pay one-twelfth (1/12) of the Maturity Amount of any Capital Appreciation Bonds maturing in such Bond Year; Deposits to the Sinking Fund for different Series shall be on a parity and without regard to the existence of any Reserve Account Credit Facility for a particular Series. Sinking Fund; (3) Moneys shall next be used to cure any deficiency for prior deposits into the (4) Moneys shall next be used to maintain in the Reserve Account a Reserve Account Value in an amount equal to the Reserve Account Requirement by: (a) restoring the value of any Reserve Account Credit Facility to its face value by making required payments to the Credit Facility Issuer, and (b) restoring value of cash and Authorized Investments on deposit in the Reserve Account to the required levels hereunder and pursuant to the terms of any Reserve Account Credit Facility. The County may establish separate subaccounts in the Reserve Account for separate Series of Bonds, and shall maintain separate subaccounts in the Reserve Account for the benefit of the Holiday Pines Bonds and the North Hutchinson Bonds. Restoration of Reserve Account Values in the case of separate subaccounts shall be on a pro rata basis with respect to the amounts required to be restored to each of such subaccounts. (5) Moneys shall next be deposited into the Renewal and Replacement Fund in an amount equal to the sum of: Requirement; and (a) one-twelfth (1/12) of the Renewal and Replacement Fund (b) one-twelfth (1/12) of any unrestored withdrawal therefrom made to prevent a default in the payment of the principal and interest on the Bonds as provided in Section 3.03(E)(6) hereinbelow. (6) Moneys shall next be used for deposit into the Subordinate Debt Service Fund and accounts therein of such sums as are required by the proceedings authorizing the issuance of such Subordinate Debt. 24 10866/5000.02 \.. ..,.¡ (7) Remaining moneys may be withdrawn and used by the County for any lawful purpose, provided that all funds and accounts created hereunder are at required levels. The foregoing provisions notwithstanding, no further deposits shall be required to be made into the foregoing funds and accounts whenever there shall be on deposit (1) in the Sinking Fund, including the Reserve Account and the Bond Amortization Accounts therein, an amount of money and Authorized Investments equal to all principal and interest due on the Bonds to the final maturity thereof, (2) all amounts due and owing to any Credit Facility Issuer shall have been paid and (3) there shall be on deposit in the Subordinate Debt Service Fund, including the accounts therein, an amount necessary to pay all outstanding Subordinate Debt in full in accordance with its tenns. Credit shall be allowed against the required deposit amounts due as prescribed above for the payment of principal of and interest and Amortization Installment on Bonds to the extent of any other funds on deposit and available for such purpose in the applicable accounts of the Sinking Fund including (i) amounts of Capital Facilities Charges as may have been pledged for such payment, (ii) accrued or capitalized interest and (iii) any Investment Eamings transferred into such fund or account and available for such purposes. (D) APPLICATION OF CAPITAL FACILITIES CHARGES. All Capital Facilities Charges received with respect to the water portion of the Utility System shall be deposited upon receipt into the Water System Capital Facilities Charges Account, and aJI Capital Facilities Charges received with respect to the sewer portion of the Utility System shall be deposited upon receipt into the Wastewater System Capital Facilities Charges Account. (E) USE OF AMOUNTS ON DEPOSIT IN FUNDS AND ACCOUNTS. The moneys on deposit in the funds and accounts herein established shall be only used in the foJIowing manner and for the following purposes. (1) CAPITAL FACILITIES CHARGES FUND. Moneys on deposit in the Capital Facilities Charges Fund shall be used first for the purpose of supplementing the Net Revenues to the extent necessary to make the required deposits into the Sinking Fund and accounts therein when the other Pledged Revenues are insufficient therefor. Thereafter, Capital Facilities Charges may be used to pay (1) Futures and (2) the cost of Expansion Facilities. (2) REVENUE FUND. Moneys on deposit in the Revenue Fund shall be used only to make the required deposits into the funds and accounts as provided in Section 3.03(C)(1)-(6) hereof and, thereafter, may be applied as provided in Section 3.03(C)(7) hereof or may be retained in the Revenue Fund. (3) SINKING FUND. Moneys on deposit in the Sinking Fund shall be used only to pay the principal of and interest on the Bonds as provided herein. (4) BOND AMORTIZATION ACCOUNT. Moneys held for the credit of the Bond Amortization Account shall be applied to the retirement of Tenn Bonds of each Series or installment of Bonds, to the extent of the Amortization Installment, if any, for such Bond Year for the Tem Bonds of each such Series or installment then Outstanding, and if the amount available in 25 10866/5000.02 \w' ...,.¡ such Bond Year shall not be sufficient therefor, then in proportion to the Amortization InstaJlment, if any, for such Bond Year for the Term Bonds of each such Series or installment then Outstanding. Notwithstanding the provisions of the preceding paragraph, the County may purchase Term Bonds then Outstanding at the most advantageous price obtainable with reasonable diligence, such price not to exceed the principal amount of such Term Bonds. No such purchase shall be made by the County within the period of forty-five (45) days immediately preceding any Interest Payment Date on which Term Bonds are subject to call for redemption, except from moneys in excess of the amounts set aside or deposited for the redemption of Term Bonds on such date. (5) RESERVE ACCOUNT. Moneys in the Reserve Account shall be used only for the purpose of the payment of interest on or principal (including Amortization Installments) of the Bonds when the other moneys allocated to the Sinking Fund are insufficient therefor, and for no other purpose. The County will deliver a demand for payment to a Reserve Account Credit Facility Issuer at least three days before funds available thereunder are needed. Moneys and Reserve Account Credit Facilities on deposit in the Holiday Pines Subaccount shall be available only for the purpose of paying debt service on the Holiday Pines Bonds, and the moneys on deposit in the North Hutchinson Island Subaccount shall be available only for the purpose of paying debt service on the North Hutchinson Bonds. If the Reserve Account or a subaccount therein contains more than one Reserve Account Credit Facility, draws shall be pro rata against all Reserve Account Credit Facilities on the basis of the face amounts thereof. Any cash or Authorized Investments on deposit in the Reserve Account, or a subaccount therein, must be withdrawn before any draws against a Reserve Account Credit Facility and any Reserve Account Credit Facility shall be restored or repaid from the first available moneys after all required current payments have been made into the Sinking Fund and accounts therein before restoring any amounts of cash or Authorized Investments in such Reserve Account or subaccount therein. Upon the issuance of Additional Parity Bonds, additional cash or Authorized Investments shall be deposited into the Reserve Account or additional Reserve Account Credit Facilities shall be purchased from the proceeds of such Additional Parity Bonds, or from other moneys of the County available therefor, in order to make the Reserve Account Value at the time of issuance thereof equal to the Reserve Account Requirement. Notwithstanding the foregoing, the County at any time may substitute a Reserve Account Credit Facility for all or any portion of the cash and Authorized Investments on deposit in the Reserve Account, subject only to such conditions and approvals as may be imposed by the Credit Facility Issuer providing such Reserve Account Credit Facility or by any Credit Facility Issuer having a Credit Facility or Reserve Account Credit Facility in effect as to any Bonds. The County will deliver a demand for payment to a Reserve Account Credit Facility issuer at least three days before funds available thereunder are needed. Any Reserve Account Credit Facility must be issued by a Credit Facility Issuer rated in the highest category by S&P and Moody's and, if rated by A. M. Best & Company, in their highest rating category. For so long as the Holiday Pines Bonds remain Outstanding the Holiday Pines Reserve Account Credit Facility shall be solely for the benefit of the Holiday Pines Bonds. 26 10866/5000-02 \..i ...I The Authorized Investments on deposit in the Reserve Account shall be valued annually, or more frequently if required by a Credit Facility Issuer, as of the last day of the Fiscal Year at their fair market value exclusive of accrued interest. Any Reserve Account Credit Facilities shall be valued at the amount of the Reserve Account Credit Facility Coverage. If and whenever the Reserve Account Value exceeds the Reserve Account Requirement on all then Outstanding Bonds, such excess may be withdrawn and applied, first, to pay any Reserve Account Credit Facility Costs and thereafter applied and allocated into the Renewal and Replacement Fund, or if the Renewal and Replacement Fund Requirement is then on deposit in the Renewal and Replacement Fund, then into the Revenue Fund. Deficiencies in the Reserve Account Value resulting from a decline in market value of the Authorized Investments, a draw on a Reserve Account Credit Facility, or a withdrawal therefrom shall be restored no later than twelve (12) months from the date of valuation, draw, or withdrawal. (6) RENEWAL AND REPLACEMENT FUND. The moneys in the Renewal and Replacement Fund shall be used only for the purpose of paying: (a) the cost of necessary repairs, extensions, enlargements or additions to, or the replacement of Facilities of, the Utility System; and (b) the principal of and interest on the Bonds when due if the moneys on deposit in the Sinking Fund and accounts therein are ever insufficient therefor, and any amounts so withdrawn are required to be restored pursuant to Section 3.03(C)(5)(b). (7) SUBORDINATE DEBT SERVICE FUND. Moneys on deposit in the Subordinate Debt Service Fund and accounts therein may be used only for payment of debt service on Subordinate Debt, in such manner as shall be specified in the proceedings authorizing such Subordinate Debt. (F) INVESTMENT OF MONEYS IN FUNDS AND ACCOUNTS. All moneys on deposit in the funds and accounts created hereunder may be invested and reinvested only in Authorized Investments; such Authorized Investments shall mature or be redeemable at par at the option of the County not later than the respective dates when such moneys will be required for the purposes of such funds and accounts; and provided that at no time shall any moneys constituting gross proceeds of Bonds be used in any manner to cause or result in a "prohibited payment" under applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code. Moneys in the Sinking Fund, other than the Reserve Account, may be invested in Authorized Investments maturing not later than the respective dates that such moneys will be needed for the payment of interest and principal (including Amortization Installments) on Bonds. Amounts, if any, held in the Sinking Fund representing capitalized interest shall be invested only in Federal Securities during any period in which a Credit Facility for Bonds, the proceeds of which were used to provide such capitalized interest, shall be in effect. In the case of the Reserve Account, investments shall mature not later than five (5) years from the date of investment, and Investment Earnings thereon shall be retained in such account to the extent necessary to maintain therein a Reserve Account Value equal to the Reserve Account Requirement, or may be transferred to the Sinking Fund or to the Revenue Fund. 27 1086615000.02 '-' " Investment Earnings related to any Capital Facilities Charges shalI be held and applied for the same purposes to which such moneys are restricted by the tenns of this resolution or any resolution adopted in connection with the issuance of any applicable Series or installment. Investment Earnings on moneys in the Renewal and Replacement Fund shall be deposited into the Revenue Fund upon receipt. . (G) APPLICA TION OF NET PROCEEDS OF INSURANCE OR CONDEMNATION. AlI Net Proceeds of Insurance or Condemnation shall be deposited, at the option of the County and subject to applicable supplemental bond resolutions for any Bonds, but subject to the limitations hereinafter described, either (i) into the Renewal and Replacement Fund (or if such proceeds or award relate to any Project then under construction, such funds shalI be deposited in the account created for such Project in the Project Fund) and used to remedy the loss, damage or taking for which such proceeds are received, either by repairing the damaged property or replacing the destroyed or taken property, as soon as practicable after the receipt of such proceeds, or (ii) and subject to the applicable supplemental bond resolutions for any Bonds, into the Sinking Fund for the purpose of purchasing or redeeming Bonds. The County shall not be entitled to transfer insurance proceeds or condemnation awards into the Renewal and Replacement Fund (or Project Fund) pursuant to clause (i) above (and such proceeds and awards shall be transferred to the Sinking Fund pursuant to clause (ii) above) unless there shalI have been filed with the Board within a reasonable time (i) a certificate rrom an Independent Consultant that such Net Proceeds, together with other amounts available for such purposes, will be sufficient to repair, rebuild, replace or restore such property to substantialIy the same condition as it was in prior to condemnation or destruction (taking into consideration any changes, alterations and modifications that the County may desire and the Independent Consultant shall have approved in writing), (ii) an opinion rrom the Independent Consultant that the Utility System can be repaired, rebuilt, replaced or restored within two (2) years folIowing the destruction or condemnation thereof and (iii) an opinion of an Independent Consultant that, in each of the three (3) Fisc¡il Years following completion of such repair, rebuilding, replacement or restoration, the County wilI be compliance with its obligations hereunder. If the certificate described in clause (i) above is not rendered because such Net Proceeds, together with other amounts available for such purposes, are insufficient for such purposes, the County may deposit other available funds (including proceeds from Bonds) in the Project Fund in an amount required to enable the Independent Consultant to render such certificate. Proceeds received rrom such insurance and condemnation awards shalI not be deemed Net Revenues or other Pledged Revenues for purposes of the rate covenant of the County or the financial requirements for the issuance of Additional Parity Bonds. (H) UNCLAIMED MONEYS. Any moneys deposited into the Sinking Fund, including the Bond Amortization Account(s) therein, for the payment of principal of, premium, if any, and interest on the Bonds and remaining unclaimed for a period of one (I) year from the date on which such moneys were due to pay maturing principal of, premium, if any, or interest on such Bonds may be withdrawn by the County and used for any lawful purpose; provided that (I) such withdrawal shall not give rise to any claim for additional interest due on such Bonds on account of payment thereof not having been duly provided for under the tenns of this resolution; (2) such withdrawal shalI not affect the right, to the extent existing under the provisions of this resolution or 28 10866/5000.02 \...t ..,I of the laws of the State, of the Registered Owner of such Bonds to payment of the principaJ and interest thereon to the Interest Payment Date with respect to which such moneys were originally deposited. (End of Article III) 29 1086615000_02 '-" ...., ARTICLE IV APPLICATION OF BOND PROCEEDS; PROJECT FUND All moneys received from the sale of any or all Bonds authorized and issued pursuant to this resolution, shall be disbursed as provided by subsequent resolution of the Board adopted prior to the time of issuance of such Series. The moneys on deposit in the Project Fund shall be withdrawn, used and applied by the County solely for the payment of Project Costs and purposes incidental thereto, as described and set forth in the resolution authorizing the particular Series of Bonds. All expenditures or disbursements from the Project Fund shall be made only after such expenditures or disbursements shall have been approved by the County. All funds on deposit in any Project Fund, which in the opinion of the County, are not immediately necessary for expenditure, as hereinabove provided, may be invested in Authorized Investments, maturing at such time or times as such moneys will be needed for the purposes of the Project Fund or the particular subaccount. All income derived from such investments shall be retained in the Project Fund and used to pay Project Costs, unless otherwise required by the tenns of any tax compliance certificate delivered in connection with any Series of Bonds. If, for any reason, the moneys on deposit in any Project Fund, or any part thereof, are not necessary for or are not applied to the payment of applicable Project Costs, then, upon receipt of an opinion of Bond Counsel to the effect that such deposit and application will not adversely affect the exclusion from gross income for federal income tax purposes of interest on such Series of Bonds, the unapplied proceeds shall be applied and deposited by the County (1) first, into the Sinking Fund to the extent of any deficiency therein, (2) second, into the Reserve Account to the extent of any deficiency therein, (3) third into the Renewal and Replacement Fund to the extent of any deficiency therein, and (4) fourth, to pay the cost of any additional Facilities which the County shall have detennined to be useful in connection with the Utility System. (End of Article IV) 30 10866/5000_02 '-" """ ARTICLE V COVENANTS OF THE COUNTY; REMEDIES SECTION 5.01. COVENANTS OF THE COUNTY. So long as any of the Bonds shall be Outstanding, or until (a) there shall have been set apart in the Sinking Fund and the accounts therein, a sum sufficient to pay, when due, the entire principal amount of the Bonds remaining unpaid, together with the premium, if any, with respect thereto and the interest accrued and to accrue thereon, and all amounts due and owing to the Credit Facility Issuer, or (b) until all Bonds have been defeased in accordance with Section 6.04 hereof, the County covenants with the Registered Owners of any and all of the Bonds issued pursuant to this resolution and with any Credit Facility Issuer as follows: (A) RATE COVENANT. The County will fix, establish and maintain such rates and collect such fees, rentals, or other charges for the services and Facilities of the Utility System, and will revise the same from time to time whenever necessary, so as to provide Net Revenues in each Fiscal Year, commencing with the Fiscal Year beginning October 1, 2005, equal to the amounts set forth in either (a) both subparagraphs (i) and (ii) below, or (b) subparagraph (iii) below: (i)Net Revenues (exclusive of Guaranteed Revenue Fees) equal to (a) one hundred ten percent (110%) of the Debt Service Requirement on the Bonds for such Fiscal Year, plus (b) one hundred percent (100%) of the required deposits into (1) the Reserve Account (less any portion thereof to be deposited from proceeds of Bonds) together with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Year, (2) the Renewal and Replacement Fund in such Fiscal Year, and (3) the Subordinate Debt Service Fund in such Fiscal Year, or (ii) (A) Net Revenues (including Guaranteed Revenue Fees), together with Capital Facilities Charges available in such Fiscal Year, equal to (a) one hundred twenty percent (120%) of the Debt Service Requirement on the Bonds for such Fiscal Year, plus (b) one hundred percent (100%) of the required deposits into (1) the Reserve Account (less any portion thereof to be deposited from proceeds of Bonds) together with any amounts of Reserve Account Credit Facility Costs payab]e in such Fiscal Year, (2) the Renewal and Replacement Fund in such Fisca] Year, and (3) the Subordinate Debt Service Fund in such Fiscal Year. and (iii) (B) Net Revenues (exclusive of Guaranteed Revenue Fees) equal to (a) one hundred percent (100%) of the Debt Service Requirement on the Bonds for such Fiscal Year, plus (b) one hundred percent (100%) of the required deposits into (1) the 31 10866/5000_02 '-'" ..." Reserve Account (less any portion thereof to be deposited :trom proceeds of Bonds) together with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Year, (2) the Renewal and Replacement Fund in such Fiscal Year, and (3) the Subordinate Debt Service Fund in such Fiscal Year. The County further covenants that, :trom time to time and as often as shall be necessary, it will revise rates, fees and charges of the Utility System or the Operating Expenses and methods of operations of the Utility System as may be necessary or proper so that Net Revenues in each Fiscal Year will, subject to applicable requirements and restrictions imposed by law, not be less than the amount required for such Fiscal Year under this Section 5.0l(A). The County further covenants and agrees that it will annually, within thirty (30) days after adoption of the annual budget, revise its rates, fees and charges to the extent necessary to cause the estimated Net Revenues during the Fiscal Year to which such budget pertains to be not less than the amount required by this Section 5.01(A). (B) OPERATION AND MAINTENANCE. The County will maintain the Utility System and all parts thereof in good condition, and will operate the same in an efficient and economical manner, making such expenditures for equipment and for renewal, repair and replacement as may be proper for the economical operation and maintenance thereof and, subject to the provisions of this resolution, will continuously operate the Utility System as a revenue producing enterprise of the County until all of the Bonds and the interest thereon, are finally paid and retired, or until the lien of the Bonds upon the Pledged Revenues has been defeased in accordance with the provisions of Section 6.04 hereof and all amounts due and owing to any Credit Facility Issuers shall have been paid. (C) INSPECTION AND REPORT. The County will cause the Facilities of the Utility System to be inspected by the Consulting Engineers at least once every three (3) years. Following such inspection, the Independent Consultant shall prepare and file with the County its report stating its conclusions as to the condition of the Utility System and recommendations as to any needed capital improvements or maintenance with respect thereto, and the County shall make such report generally available to any Rating Agency, Credit Facility Issuer and Registered Owner upon request at such party's expense. (D) INSURANCE. The County will carry with a reputable insurance carrier or carriers such insurance as is customarily carried by county governments owning and operating facilities similar to the UtilitY System, including (i) liability insurance, for which the County may upon appropriate authorization by the Board be a self-insurer on a sound actuarial basis, and (ii) insurance against loss or damage by fire, explosion, hurricane, earthquake, cyclone, occupancy or other hazards and risks in an amount or amounts equal to the full insurable value of the buildings, properties, furniture, fixtures and equipment of the Utility System. All insurance shall be carried for the benefit of the County and, to the extent herein provided, the Registered Owners and any Credit Facility Issuer. (E) ANNUAL BUDGET; BOOKS AND RECORDS; AUDIT. The County shall prepare and adopt an initial budget in connection with the acquisition of the Utility System and thereafter on or prior to the beginning of each Fiscal Year, shall prepare and adopt a detailed budget of the estimated revenues and expenditures for the Utility System during its current or such next succeeding FiscaJ Year, as applicable, and shall provide any Rating Agency and Credit Facility 32 10866/5000_02 '--' "'" Issuer with a copy thereof at the earliest practicable date, upon request and at such party's expense. No expenditure for the Utility System shall be made in any Fiscal Year in excess of the amount provided therefor in such budget, as revised pursuant to law. The County will keep books and records of the Utility System, which shalI' be separate and apart from all other books, records and accounts of the County, and in which complete and correct entries shall be made, in accordance with Accounting Principles, of all transactions relating to the Utility System. Any Rating Agency, Credit Facility Issuer and any Registered Owner of Bonds issued pursuant to this resolution shall have the right at all reasonable times to inspect the Utility System and all parts thereof, and all records, accounts and data of the County relating thereto. The County shall, within one hundred eighty (180) days after the close of each Fiscal Year, cause the books, records and accounts of the Utility System (known as the Utility System's "Enterprise Fund") for such preceding Fiscal Year to be properly audited by the Independent Certified Public Accountants, and shall file with the County such report; the County shall mail upon written request, and make available generally, said report, or a reasonable summary thereof, to any Rating Agency, Credit Facility Issuer, and any Registered Owner of Bonds issued pursuant to this resolution. (F) SALE OF THE UTILITY SYSTEM CONSOLIDATION. (i) The Utility System may be sold, mortgaged, leased or otherwise disposed of only as a whole or substantially as a whole, and only if the net proceeds to be realized rrom such transaction shall be sufficient (i) fully to retire all of the Bonds and all other obligations outstanding pursuant to the provisions of this resolution which have a lien on the Pledged Revenues or (ii) to defease the Bonds pursuant to Section 6.04 hereof The proceeds :trom such sale, mortgage, lease or other disposition of the Utility System pursuant to this paragraph (i) shall be used only for the purpose of providing for the payment of the principal of and interest on the Bonds and other obligations outstanding pursuant to the provisions of this resolution as the same shall become due, or for the redemption of callable Bonds, provided, however, that any excess of such proceeds not needed for such purpose may be used by the County for any purpose pennitted by law. (ii) The foregoing provision notwithstanding, the County shall have and hereby reserves the right to sell, lease or otherwise decommission, dispose of and/or abandon any of the property comprising a part of the Utility System which may hereafter be detennined in the manner provided herein to be no longer neèessary, useful, or profitable in the operation thereof Prior to any such sale, lease, or other disposition of said property pursuant to this paragraph (ii) the duly authorized officer in charge of such Utility System shall make a finding in writing detennining that such property comprising a part of said Utility System is no longer necessary, useful or profitable in the operation thereof Any such property so detennined and deemed to be no longer necessary, useful or profitable, and upon such officer's written detennination, may be decommissioned, disposed of and/or abandoned in a transaction wherein no proceeds and/or moneys are received by the County. If the disposition is for consideration and (a) if the amount to be received as a result of such sale or other disposition is in excess of $25,000, such finding shall be approved by resolution of the Board; and, (b) if the amount to be received as a result of such sale or other disposition is in excess of $250,000, such finding shall be approved by the Independent Consultant and by resolution of the Board, and written Notice thereof shall be provided to the Credit Facility Issuer; and ( c) if the amount to be received in the aggregate as a result of all such sales or 33 l0866/5000-D2 '-" "WfI/ other dispositions over an 18-month period is in excess of $1,000,000, such finding shall additionally be subject to the approval of the Credit Facility Issuer. Any proceeds of such sale or other disposition shall be deposited in the Renewal and Replacement Fund created by this resolution and used only as provided herein for moneys on deposit in such fund. Such payment of such proceeds into said Renewal and Replacement Fund shall not reduce the amounts required to be paid into said fund by other provisions of this resolution. (iii) The foregoing provision notwithstanding, the County shaH have and hereby reserves the right to sell, lease, or transfer operating control of, or otherwise dispose of, the property comprising the Utility System as a whole to any public board or body, whether created by the County or created pursuant to the laws of the State, for the purpose of owning and operating the Utility System, whether independent of or together with any other utility systems of the County. Any such transfer shall be expressly made subject to the rights of the Registered Owners of any Bonds issued hereunder, and in particular subject to the lien upon the Pledged Revenues of the Bonds. (iv) The foregoing provisions not withstanding, the County shall have the right to merge or consolidate the Utility System with any other County-owned and/or operated utility system and to combine the Revenues and the Capital Facilities Charges with corresponding receipts ITom the other utility system, and to subject such combined Revenues, Capital Facilities Charges and receipts to the lien of the Bonds and ,any obligations secured by the receipts of such other utility system, provided that the requirements of Section 5.01(L)(3) hereof are satisfied. (G) ISSUANCE OF OTHER OBLIGATIONS PAYABLE OUT OF REVENUES. The County will not issue any other obligations, except Additional Parity Bonds hereafter issued under the conditions and in the manner provided herein, payable from the Pledged Revenues. nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or any other charge having priority to or being on a parity with the lien of the Bonds issued pursuant to this resolution and the interest thereon, upon any of the Pledged Revenues. Any other obligations issued by the County, in addition to the Bonds authorized by this resolution or Additional Parity Bonds provided for in Subsection 5.01(H) below, shall contain an express statement that such obligations are junior, inferior, and subordinate in all respects to the Bonds issued pursuant to this resolution and any such Additional Parity Bonds as to lien on and source and security for payment ITom the Pledged Revenues, and in all other respects. (H) ISSUANCE OF ADDITIONAL PARITY BONDS. No Additional Parity Bonds shall be issued after the issuance of any Bonds pursuant to this resolution, except upon the following tenns and conditions: Additional Parity Bonds payable ITom the Pledged Revenues may be issued by the County for the purposes of (a) financing the construction and acquisition of additions, extensions and improvements to the Utility System, including Project Costs, or (b) paying Futures only if the requirements of either (1) or (2) below have been met, as evidenced by the certificate of an Independent Consultant or Independent Certified Public Accountant, as appropriate: (1) (a) The Adjusted Net Revenues (excluding Guaranteed Revenue Fees) for the Computation Period, hereinafter defined, shall have at least equalled the sum of: 34 108661500(W2 .... ..., (i) one hundred ten percent (110%) of the Maximum Debt Service Requirement on all Bonds to be Outstanding as of the date of such issuance, plus (ii) one hundred percent (100%) of the Maximum Debt Service Requirement on all Subordinate Debt to be Outstanding as of the date of such issuance, plus (iii) amounts, if any, required to be deposited in the Reserve Account during such Fiscal Years (less any portion thereof which is to be deposited from proceeds of Bonds) together with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Years, plus (iv) amounts required to be deposited in the Renewal and Replacement Fund during such period, or (2) The Adjusted Net Revenues (including Guaranteed Revenue Fees) together with the Capital Facilities Charges for the Computation Period shall have equalled at least the sum of: (i) one hundred twenty percent (120%) of the Maximum Debt Service Requirement on all Bonds to be Outstanding as of the date of such issuance, plus (ii) one hundred percent (100%) of the Maximum Debt Service Requirement on all Subordinate Debt to be Outstanding as of the date of such issuance, plus (iii) amounts, if any, required to be deposited in the Reserve Account during such Fiscal Years (less any portion thereof which is to be deposited from proceeds of Bonds) together with any amount of Reserve Account Credit Facility Costs payable in such Fiscal Years; plus (iv) amounts required to be deposited in the Renewal and Replacement Fund during such period; Additional Parity Bonds may be issued without any financial tests for completion of any Project, provided that such completion Bonds may be issued only in a principal amount not greater than fifteen percent (15%) of the principal amount of Bonds initially issued to fund the applicable Project, or may be issued without regard to the fifteen percent (15%) limitation upon the approval of the Credit Facility Issuer and delivery to the County of a certificate of an Independent Consultant stating that the proceeds of such completion Bonds will be sufficient to complete the acquisition, construction and installation of such Project substantially in accordance with the plans and specifications therefor in effect at the time of issuance of the Bonds originally issued for such Project. 35 10866/500(W2 "-" .I Additional Parity Bonds payable ITom the Pledged Revenues may be issued by the County for Refunding purposes without regard to the foregoing tests, provided that the Maximum Debt Service Requirement is not increased as a result of such Refunding. Additional Parity Bonds may be issued in the form of Variable Rate Bonds only upon the prior written consent of the Credit Facility Issuer. For purposes of this Section S.Ol(R): (1) the term "Adjusted Net Revenues" shall mean the Net Revenues certified by the Independent Certified Public Accountant, giving effect to the following adjustments, (provided each such adjustment shall be certified by an Independent Consultant or Independent Certified Public Accountant in a certificate or report which shall set forth the assumptions upon which it is based and shall state that such assumptions, in the opinion of the Independent Consultant or Independent Certified Public Accountant, as the case may be, fonn a reasonable basis for the conclusions expressed therein). (a) If the County, prior to the issuance of the proposed Series of Bonds, as applicable (the "Applicable Bonds"), shall have put into effect an increase in the rates, fees, rentals or other charges for the services of the Utility System, then Net Revenues shall be adjusted to include the additional Net Revenues which would have been received during the Computation Period if such increased rates, fees, rentals or other charges had been in effect during all of such period. (b) If the number of connections as of the first day of the month preceding the month in which the proposed Applicable Bonds are to be issued exceeds the average number of such connections during the most recent full Fiscal Year, then the Net Revenues shall be adjusted to include the Net Revenues which would have been received during the Computation Period if those additional connections had also been connected to the Utility System during all of such period. (c) If the County shall acquire by the issuance of the Applicable Bonds any privately or publicly owned existing water system, sewer system or water and sewer system then the Net Revenues during the Computation Period shall be increased by adding to the Net Revenues during the Computation Period the additional Net Revenues (to the extent such amounts were not reflected in such Net Revenues) which, on the basis of operating data pertaining to the acquired system during the Computation Periods, would have been derived from such existing water system, sewer system, or other utility system as if such existing water system, sewer system or other utility system had been operated by the County as a part of the Utility System during the Computation Period. (d) If the County shall have entered into a contract, which contract shall be for a duration of not less than the final maturity of the proposed Applicable Bonds, with any public body whereby the County shall have agreed to furnish services for the collection, treatment or disposal of sewage or agreed to furnish services in connection with any water system or other utility system, then the Net Revenues during the Computation Period shall be increased (to the extent such amounts were not reflected 36 1086615000,02 '-' ...., in such Net Revenues) by the mm11llum amount which such public body shall guarantee, under a legally enforceable agreement with the County, to pay in any Fiscal Year for the furnishing of such services by the County, after deducting :ITom such payment the estimated additional Operating Expenses attributable in such Fiscal Year to such services. (e) The Net Revenues shall be increased (to the extent the following amounts are not otherwise reflected in Net Revenues) by the amount of additional Net Revenues which would have been received during the Computation Period :ITom any existing occupied structures which are to be connected to the Utility System within the following eighteen (18) months ofthe issuance of the Applicable Bonds. (f) Net Revenues shall reflect any adjustments necessary for any period during the Computation Period in the opinion of an Independent Consultant or Independent Certified Public Accountant to reflect government ownership of the Utility System or any Facilities constituting a part thereof (2) "Computation Period" means (a) any twelve (12) consecutive of the eighteen (18) complete calendar months or (b) the most recent complete Fiscal Year, in either case immediately preceding the date of issuance of Additional Parity Bonds. No Additional Parity Bonds for the purpose of constructing additions, extensions or improvements to the Utility System including Project Costs, shall be issued at any time, however, unless all of the payments into the respective funds and accounts provided for in this resolution, shall have been made in full to the date of issuance of such Additional Parity Bonds, and the County shall be in substantia] compliance with the covenants, agreements and tenus of this resolution. Each resolution authorizing the issuance of Additional Parity Bonds shall recite that all of the covenants herein contained will be applicable to such Additional Parity Bonds. (I) SERVICES RENDERED TO THE COUNTY; PREFERENTIAL RATES. The County will not render or cause to be rendered any free services of any nature by the Utility System, or any part thereof, nor will any preferential rates be established for users of the same class; in the event the County or any department, agency, or instrumentality, or any officer or employee thereof, shall avail itself of the facilities or services provided by said System, or any part thereof, the same rates, fees, or charges applicable to other customers receiving like services under similar circumstances shall be charged to the County and to any such department, agency, instrumentality, officer, or employee. Such charges shall be paid as they accrue, and the County shall transfer from its general funds sufficient sums to pay such charges. The moneys so received shall be deemed to be Gross Revenues derived from the operation of the Utility System, and shall be deposited and accounted for in the same manner as other Gross Revenues derived :ITom the operation of said Utility System. The foregoing paragraph shall not require the County to have the same rates for different classes of users or for users of the services and Facilities of said System residing or located within different areas of the County, and the County may have different rates for different classes of users or for users of the services and Facilities of said System located outside the boundaries of the 37 10866/500(1-02 '-' -...I County, as long as such rates comply with the foregoing paragraph, insofar as they relate to the users within any class or any particular area or areas located without the County. (1) MANDATORY CONNECTION; UNIFORM SERVICE AND EXTENSION POLICY. The County will, to the full extent permitted by law, require all persons, lands, buildings, and structures located within the Service Area or which can use the faciIities and services of the UtiIity System to use the facilities and services of the Utility System. The Uniform Service and Extension Policy shall apply throughout the Service Area with respect to the Utility System. (K) ENFORCEMENT OF COLLECTIONS. The County will diligently enforce and collect all fees, rentals, or other charges for the services and facilities of the Utility System and all parts thereof. The Board will establish written policies regarding the enforcement of collections of such fees, rentals, and other charges and will take all steps, actions and proceedings for the enforcement or collection of such fees, rentals or other charges to the full extent permitted or authorized by law, consistent with such reasonable policy. The County wiIl, to the full extent permitted by law and consistent with sound business judgment, establish written policies consistent with sound business judgment for the disconnection trom the UtiIity System of any customer who faiIs to pay for services rendered by the Utility System, and shall enforce such policies diligently and fairly. (L) NO COMPETING FACILITIES; CONSOLIDATION. (1) The County, to the extent permitted by law, will not grant any franchise, license, or permit, or cause or voluntarily agree to the granting of any franchise, license, or permit, for the construction or operation of any facilities which wiIl be competitive with the services and facilities of the Utility System; provided, however, that this subsection shall not affect the vested rights of any persons, firms, or corporations now owning or operating such facilities. (2) Notwithstanding the foregoing provisions, the County shall be authorized to construct or acquire other non-competing utility systems providing products and services similar to those provided by the Utility System in areas of the County geographically distinct from those then currently served by the Utility System, and none of the revenues derived ITom such other non-competing utility systems shall be deemed to be Gross Revenues of the Utility System pursuant to this resolution; provided, however, that if the County shall furnish products and services ITom the UtiIity System to any other non-competing utiIity systems, which the County is hereby authorized to do, it shall do so at rates comparable to the rates charged to other customers served by the UtiIity System and the revenues so derived from said other non-competing utility systems shall be deposited in the Revenue Fund created and established by this resolution, and shall be deemed to be Gross Revenues derived from the operation of the Utility System as fully and to the same extent as other Gross Revenues derived trom the operation of the Utility System. (3) The County is further authorized and empowered to combine and consolidate the Utility System with any other water systems, sewer systems or combined utility, whether located within or without the County, and whether acquired or constructed by the County, and after such combination and consolidation, such systems shall thereafter be deemed to be one system and subject to the provisions of the resolution governing the issuance of debt for the system deemed by the County to be the surviving system; provided, that: (a) the coverage test prescribed in Section 38 10866/5000.02 '-' ...., 5.01(H)(l) of this resolution for the issuance of Additional Parity Bonds must be (i) satisfied at the time of such consolidation and (ii) be projected by the Independent Consultant to be satisfied in each of the three (3) Fiscal Years foIlowing the consolidation, treating the senior lien obligations outstanding under the resolution for the utility system with which the Utility System is being combined and consolidated as Additional Parity Bonds for purposes of such coverage test, and (b) the rate covenant contained in Section 5.01(A) of this resolution must be satisfied at all times while any Bonds issued under this resolution remain Outstanding, treating both the Bonds Outstanding under this resolution and the senior lien obligations outstanding under the resolution for the utility system with which the Utility System is being combined and consolidated as "Bonds" for putposes of such rate covenant; (c) the Independent Consultant shall certify as the good condition of the other utility system; and (e) any Credit Facility Issuer shaIl have given its prior written consent to such combination. (M) TAX COMPLIANCE. The County covenants that it will use, and will restrict the use and investment of, the proceeds of the Bonds in such manner and to such extent as may be necessary so that (a) the Bonds will not (i) constitute private activity bonds, arbitrage bonds or hedge bonds under Section 141, 148 or 149 of the Code or (ii) be treated other than as bonds to which Section 103(a) of the Code applies, and (b) the interest thereon will not be treated as a preference item under Section 57 of the Code. The County further covenants (a) that it will take or cause to be taken such actions that may be required of it for the interest on the Bonds to be and remain excluded from gross income for federal income tax purposes, (b) that it will not take or authorize to be taken any actions that would adversely affect that exclusion, and (c) that it, or persons acting for it, will, among other acts of compliance, (i) apply the proceeds of the Bonds to the governmental purposes of the borrowing, (ii) restrict the yield on investment property, (iii) make timely and adequate payments to the federal government, (iv) maintain books and records and make calculations and reports, and (v) refrain from certain uses of those proceeds and, as applicable, of property financed with such proceeds, all in such manner and to the extent necessary to assure such exclusion of that interest under the Code. (N) PAYMENT. The County will duly and punctually payor cause to be paid from the Pledged Revenues the Debt Service on the Bonds. SECTION 5.02. EVENTS OF DEFAULT. It shall be an event of default under this resolution if the County shall: (1) fail to deposit with the paying agents on the due date thereof sufficient funds to pay maturing principal of, Amortization Installments of, if any, and interest on the Bonds; or (2) fail to deposit or pay within ten (10) days after the due date thereof any other required deposit or payment under this resolution pursuant to Section 3.03(C)(l) through (6) hereof; or (3) fail to comply in any material respect with any other covenant made in the Resolution, if (a) such failure shaIl continue for more than thirty (30) days following notice of such failure to the County or (b) the County shall not (within thirty (30) days 39 10866/5000_02 '-' """ of receipt of such notice have initiated steps to cure such default and thereafter have proceeded diligently to cure such default; provided however that the Credit Facility Issuer and Reserve Account Credit Facility Issuer may waive any such defect if compliance shall be detennined to be impossible of perfonnance; or (4) there shall occur the filing by the County of a voluntary petition in bankruptcy, or the commission by the County of any act of bankruptcy, or the adjudication of the County as a bankrupt, or the assignment by the County for the benefit of its creditors, or the entry by the County into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the County in any proceeding for its reorganization, instituted under the provisions of the Federal Bankruptcy Act, as amended, or any similar act in any jurisdiction which may now be in effect or hereafter amended. The County will provide or cause to be provided immediate notice to the Credit Facility Issuer of any payment default and notice within thirty (30) days of any other event of default of which the Paying Agent shall have received notice. SECTION 5.03. REMEDIES. The Registered Owners of twenty-five per centum (25%) in principal amount of not less than of Bonds issued under the provisions of this resolution or any Credit Facility Issuer while the Bonds secured by it are Outstanding, or any trustee acting for such Registered Owners in the manner hereinafter provided, may, either at law or in equity, by suit, action, mandamus, or other proceedings, in any court of competent jurisdiction, protect and enforce any and all rights, available under the laws of the State of Florida; provided, however, that there will be no right to force any acceleration of payment with respect to the Bonds without the consent of the Credit Facility Issuer. Any such Registered Owner or trustee may enforce and compel the perfonnance of all duties required by this resolution or by any applicable statutes to be perfonned either by the County or by any officer thereof, including the fixing, charging, and collecting of rates, fees or other charges for the services and facilities of the Utility System. The Registered Owners of Bonds in an aggregate principal amount of not less than twenty-five per centum (25%) in aggregate principal amount of Bonds issued under this resolution then Outstanding or any Credit Facility Issuer while the Bonds secured by it are Outstanding may, by a duly executed certificate in writing, appoint a trustee for Registered Owners of Bonds issued pursuant to this resolution with authority to represent such Registered Owners in any legal proceedings for the enforcement and protection of the rights of such Registered Owners. Such certificate shall be executed by such Registered Owners or their duly authorized attorneys or representatives or any Credit Facility Issuer, and shall be filed in the office of the Clerk or Deputy Clerk of the Circuit Court, ex Officio Clerk or Deputy Clerk of the Board and with the Chainnan or Vice-Chainnan. Upon the occurrence of any Event of Default, any such authorized trustee may, and upon the written request of the Registered Owners of not less than twenty-five per centum (25%) in aggregate principal amount of the Outstanding Bonds shall, declare the principal amount of and premium, if any, on all of the Outstanding Bonds (if not then due and payable), and the interest accrued thereon, to be due and payable immediately. However, no such acceleration shall be effective without the prior written consent of the Credit Facility Issuer. The declaration shall be 40 l0866!50()(W2 ""', ""'" made by a notice in writing delivered to the County. Upon that declaration, that principal and premium, if any, and interest on Outstanding Bonds accelerated in accordance with this Section shall become and be due and payable immediately. No later than five days after such declaration, the trustee shall mail written notice of the acceleration to the same parties and in the same manner as is provided herein with respect to notice of redemption of Bonds; provided, that no failure to receive notice by mailing, and no defect in any notice as to any Bond or Registered Owner, shall affect the validity of the acceleration as to such Bond or Registered Owner or any other Bond or Registered Owners. The notice shall specify the date on which payment of the principal, premium, if any, and interest shall be tendered to the Registered Owner. Pursuant to the notice, interest on the Bonds shall accrue to the date detennined by the trustee for the tender of payment to the Registered Owner; provided that to the extent any principal amount of Outstanding Bonds remains unpaid because sufficient moneys are not available to the trustee to pay such principal amount on the date detennined by the trustee for the tender of payment to the Registered Owners of those Bonds, interest shall continue to accrue after the date detennined by the trustee for the tender of payment to the Registered Owners of those Bonds: The provisions of the preceding paragraph are subject, however, to the condition that if, at any time after a declaration of acceleration and prior to the entry of a judgment in a court for enforcement hereunder (after an opportunity for hearing by the County): (i) all sums payable hereunder (other than the principal of and interest on Bonds which shall not have reached their stated maturity dates, but which are due and payable solely by reason of the declaration of acceleration), together with, to the extent pennitted by law, interest on any overdue installments of interest at the rate borne by the Bonds in respect of which the Event of Default shall have occurred shall have been duly paid, or provision shall have been duly made therefore by deposit with the trustee or any paying agent; (ii) all existing Events of Default shall have been cured; and (iii) rescission of the declaration of acceleration would not conflict with any judgment or decree; then, in every case, the trustee may, and with the consent of the Registered Owners ofa majority in aggregate principal amount of the Bonds shall, waive the Event ofDefauJt and its consequences and shall rescind and annul the declaration of acceleration. No waiver or rescission and annulment shall extend to or affect any subsequent Event of Default or shall impair any rights, remedies or powers consequent thereon. Regardless of whether a declaration of acceleration is made hereunder, upon the occurrence and continuance of an Event of DefauJt, the authorized trustee or the Registered Owners of twenty-five per centum (25%) or more in aggregate principal of the Bonds then Outstanding may pursue any available right, remedy or power to enforce the payment of Debt Service and the observance and perfonnance of any other covenant, agreement or obligation under this resolution or any other instrument providing security, directly or indirectly, for the Bonds. 41 10866/5000.02 \..I ., No right, remedy or power conferred upon or reserved to the trustee or the Registered Owners under this resolution is intended to be exclusive of any other available right, remedy or power, but each right, remedy or power shall be cumulative and concurrent and shall be in addition to every other right, remedy or power available hereunder or existing at law, in equity or by statute or othervvise now or hereafter. No exercise, beginning of the exercise, or partial exercise by the trustee or the Registered Owners or the Credit Facility Issuer of anyone or more rights, remedies or powers shall preclude the simultaneous or later exercise by the trustee or the Registered Owners or the Credit Facility Issuer of any other right, remedy or power. No delay or omission in the exercise of any right, remedy or power accruing upon any Event of Default shall impair that or any other right, remedy or power or shall be construed to constitute a waiver of any Event of Default, but every right, remedy or power may be exercised from time to time and as often as may be deemed to be necessary or desirable. Anything in this resolution to the contrary notwithstanding, upon the occurrence and continuance of an Event of Default as defined herein, the Credit Facility Issuer shall be entitled to control and direct the enforcement of all rights and remedies granted to the Registered Owners for the benefit of the Registered Owners under this resolution. SECTION 5.04 CREDIT FACILITY PROVISIONS. For so long as the Holiday Pines' Bonds are outstanding, the County agrees to comply with the provisions of Exhibit A hereto with respect to the Holiday Pines Bonds. For so long as the North Hutchinson Bonds are outstanding, the County agrees to comply with the provisions of Exhibit B hereto with respect to the North Hutchinson Bonds. (End of Article V) 42 10866/5000_02 '-" .." ARTICLE VI MISCELLANEOUS PROVISIONS SECTION 6.01. SALE OF BONDS. Bonds may be issued and sold at public sale, private placement, or negotiated sale at one time or in installments trom time to time and at such price or prices consistent with the provisions of the Act, the laws of the State, and the requirements of this resolution. The County AdrP-inistrator is authorized to cause to be prepared a notice of sale or other advertisement for the sale of the Bonds and to certify pursuant to Rule 15c2-12 of the Securities and Exchange Commission as to any preliminary official statement used on behalf of the County in connection therewith. SECTION 6.02. NOTICES TO CREDIT FACILITY ISSUER; CREDIT FACILITY ISSUER DEEMED SOLE BONDOWNER AND A PARTY IN INTEREST; PAYMENTS UNDER THE CREDIT FACILITIES. Whenever a Credit Facility Issuer shall be providing a Credit Facility with respect to any Bonds issued hereunder, such Credit Facility Issuer shall be entitled to receive and shall be provided by certified mail all notices and reports which are required herein to be prepared and to be sent or made available to Registered Owners of such Bonds and a full transcript of any proceedings relating to the execution of any supplemental resolution hereto. Notwithstanding any other provisions of this resolution to the contrary, the Credit Facility Issuer shall be deemed to be the sole Registered Owner of all Bonds insured by it for purposes of exercising rights, consents or remedies granted under this resolution. For any amendment or modification of the Resolution for which a Credit Facility Issuer shall consent in replacement of the Registered Owners, notice of such amendment or modification along with a copy of such supplemental resolution shall be sent to each Rating Agency at least twenty (20) days prior to the adoption of such amendment or modification. Any provision of this resolution to the contrary notwithstanding, if under any provision hereof any action is to be taken only with the consent or approval of a Credit Facility Issuer, and if at the time such consent or approval would otherwise be called for such Credit Facility Issuer is not in compliance with its payment obligations of or is contesting its obligations under its Credit Facility, then the rights of such Credit Facility Issuer to any consent or approval hereunder shall be suspended while any such noncompliance or contest is ongoing. Except as expressly provided herein to the contrary, neither the County nor the Paying Agent shall take the Credit Facility into effect in detennining whether the rights of Registered Owners are adversely affected by actions taken pursuant to the tenns and provisions of the Resolution. The Credit Facility issuer shall be inc1uded as a party in interest and as a party entitled to (i) notify the Paying Agent or any trustee or the County to intervene in judicial proceedings that affect the Bonds or the security therefor. The trustee, the Paying Agent and the County shall be required to accept notice of default from the Credit Facility Issuer. The specific provisions with respect to the Holiday Pines Credit Facility and the North Hutchinson Island Credit Facilities are attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by reference as though fully set forth herein. 43 ] 086615000_02 '- .",,; SECTION 6.03. NO RECOURSE. No recourse shall be had for the payment of the Debt Service on the Bonds, or for any claim based thereon or on this resolution, against any present or former member or officer of the Board or any person executing the Bonds. SECTION 6.04. DEFEASANCE. Notwithstanding the foregoing prOVISIOns of this resolution, if, at anytime, the County shall have paid, or shall have made provision for payment of, the principal, interest and redemption premiums, if any, with respect to any Bonds, then, and in that event, the pledge of and lien on the Pledged Revenues in favor of the Registered Owners of such Bonds shall be no longer in effect. For purposes of the preceding sentence, deposit of noncallable Defeasance Obligations in irrevocable trust with a banking institution or trust company, for the sole benefit of the Registered Owners of such Bonds, in respect to which such Defeasance Obligations, the principal and interest received will be sufficient, without reinvestment, in the opinion of an Independent Certified Public Accountant to make timely payment of the Debt Service on such outstanding Bonds designated to be defeased, and receipt of an opinion of Bond Counsèl to the effect that such deposit has no adverse effect on the exclusion from gross income for federal income tax purposes of interest on the Bonds, shall be considered "provision for payment". Nothing herein shall be deemed to require the County to call any of the Outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the County in determining whether to exercise any such option for early redemption. Notwithstanding the foregoing, amounts paid by a Credit Facility Issuer under a Credit Facility or a Reserve Account Credit Facility shall not be deemed paid for the purposes of this section and shall remain due and owing hereunder until paid in accordance with this resolution. SECTION 6.05. PAYMENTS DUE AND ACTS REQUIRED TO BE DONE ON DAYS WHICH ARE NOT BUSINESS DAYS; TIME. The following provisions shall govern the calculation of the time for performance hereunder: (a) in any case where any payment of Debt Service is required to be paid on a date which is not a Business Day, then such payment need not be made on such date, but shall be made on the next succeeding Business Day, with the same force and effect as if made on the date fixed for such payment, and no interest shall accrue on such payment for the period after such date if such payment is made on such next succeeding Business Day; (b) in any case where any act is required or any notice is required to be given hereunder on any day other than a Business Day, then such act shall be done or such notice shall be given on the next succeeding Business Day, with the same force and effect as if such act had been performed or such notice had been given on the date required; and (c) all times for the making of any payment or the performance of any act, as provided in this resolution means the local time prevailing in the County unless some other time is expressly provided for. SECTION 6.06. MODIFICATION OR AMENDMENT. (a) No material modification or amendment of this resolution or of any ordinance or resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Registered Owners of fifty-one percent (51 %) or more in principal amount of the Bonds then Outstanding. (b) The County, from time to time and at any time and without the consent or concurrence of any Registered Owners of any Bonds, may adopt a resolution amendatory hereof or supplemental hereto, if the provisions of such supplemental resolution sha1J not adversely affect the rights of the Registered Owners of the Bonds then outstanding, for anyone or more of the following purposes: 44 1086615000_02 ~ ,., .. (1) to make any changes or corrections in this resolution which the County shall have been advised by counsel are required for the purpose of curing or correcting any ambiguity or defect or inconsistent provision or omission or mistake or manifest error contained herein, or to insert in this resolution such provisions clarifying matters or questions arising hereunder as are necessary or desirable; (2) to add additional covenants and agreements of the County for the purpose of further securing the payment of the Bonds; (3) to surrender any right, power or privilege reserved to or conferred upon the County by the tenns hereof; (4) to confinn by further assurance any lien, pledge or charge created or to be created by the provisions hereof; (5) to grant to or confer upon the Registered Owners any additional right, remedies, powers, authority or security that lawfully may be granted to or conferred upon them; (6) to obtain a Credit Facility and/or Reserve Account Credit Facility for any Series or installment of Bonds; (7) to obtain a Rating Category for any Series or installment of Bonds; (8) to assure compliance with the Code; (9) to provide such changes which, in the opinion of the County, based upon such certificates and opinions of the Independent Consultant, Independent Certified Public Accountant, Bond Counsel, financial advisors or other appropriate advisors as the County may deem necessary or appropriate, will not materially adversely affect the security of the Registered Owners, including, but not limited to, such changes as may be necessary in order to adjust the tenns hereof so as to facilitate the issuance of other types of obligations, including, but not limited to, bonds, notes, certificates, warrants or other evidences of indebtedness, which are Subordinated Bonds; (10) to modify any of the provisions of this resolution in any other respects, provided that such modification shall not be effective (a) with respect to the Bonds outstanding at the time such amendatory or supplemental resolution is adopted or (b) shall not be effective (i) until the Bonds Outstanding at the time such amendatory or supplemental resolution is adopted shall cease to be Outstanding, or (ii) until the Registered Owners thereof consent thereto. (c) The foregoing provisions of (a) and (b) notwithstanding, (1) no consent of any Registered Owners shall be required with respect to modification or amendment as to which modification or amendment the Credit Facility Issuer has provided its prior written consent and (2) no modification or amendment (other than as described in paragraphs (1) through (5) of paragraph (b), above) shall be effective without the prior written consent to such modification or amendment 45 10866/5000_02 '-' ~ of the Credit Facility Issuer, and (3) no modification or amendment shall pennit a change in the maturity of such Bonds, a reduction in the rate of interest thereon, a reduction in the amount of the principal obligation represented thereby or a reduction in the redemption premium required to be paid in connection with any optional redemption thereof; nor shall any modification or amendment either affect the unconditional promise of the County to pay the principal of and interest on the Bonds, as the same shall become due, from the Pledged Revenues, or reduce the percentage of Registered OWners of Bonds above required to consent to such material modifications or amendments, without the consent of the Registered Owners of all such Bonds and any Credit Facility Issuer. A notice and a copy of any amendment or modification shall be sent to each of the Rating Agencies at least twenty (20) days prior to the execution or adoption thereof; provided that failure to send such notice shall not affect the validity of any such modification or amendment. SECTION 6.07. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this resolution should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements, or provisions of, and in no way affect the validity of, all the other provisions of this resolution or of the Bonds. SECTION 6.08. REPEALING CLAUSE. All resolutions of the County, or parts thereof, in conflict with the provisions of this resolution are to the extent of such conflict, hereby superseded and repealed. 46 10866/5000_02 '-' ..1 SECTION 6.09. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners at a regular meeting duly called and held this 27th day of September 2005. (SEAL) ST. LUCIE COUNTY, FLORIDA By: Chair, Board of County Commissioners A TrEST: By: Clerk of the Circuit Court, ex officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 47 10866/5000-02 '-' ..., EXHIBIT A HOLIDAY PINES BONDS CREDIT FACILITY PROVISIONS In consideration of the issuance by the Credit Facility Issuer of the Holiday Pines Credit Facilities, the County hereby covenants and agrees as follows: A. Bond Registrar and Paying Agent. Any Paying Agent, Bond Registrar or other fiduciary shall be a commercial bank with trust powers. B. Payments Under the Policy/Other Required Provisions. 1. In the event that, on the second Business Day, and again: on the Business Day, prior to the payment date on the Bonds, the Paying Agent has not received sufficient moneys to pay all principal of and interest on the Bonds due on the second following or following, as the case may be, Business Day, the Paying Agent shall immediately notifY the Bond Insurer or its designee on the same Business Day by telephone or telegraph, confmned in writing by registered or certified mail, of the amount of the deficiency. 2. If the deficiency is made up in whole or in part prior to or on the payment date, the Paying Agent shall so notifY the Bond Insurer or its designee. 3. In addition, if the Paying Agent has notice that any Bondholder has been required to disgorge payments of principal or interest on the Bonds to a trustee in bankruptcy or creditors or others plU'Suant to a fmal judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such Bondholder within the meaning of any applicable bankruptcy laws, then the Paying Agent shall notifY the Bond Insurer or its designee of such fact by telephone or telegrapillc notice, confirmed in writing by registered or certified mail. 4. The Paying Agent is hereby irrevocably designated, appointed, directed and authorized to act as attorney-in-fact for Holders of the Bonds as follows: a. If and to the extent there is a deficiency in amounts required to pay interest on the Bonds, the Paying Agent shall (a) execute and deliver to U.S. Bank Trust National Association, or its successors under the Policy (the "Insurance Paying Agent"), in form satisfactOlY to the Insurance Paying Agent, an instrument appointing the Bond Insurer as agent for such Holders in any legal proceeding related to the payment of such interest and an assignment to the Bond Insurer of the claims for interest to willch such deficiency relates and willch are paid by the Bond Insurer, (b) receive as designee of the respective Holders (and not as Paying Agent) in accordance with the tenor of the Policy payment from the Insurance Paying Agent with respect to the claims for interest so assigned, and (c) disblU'Se the same to such respective Holders; and b. If and to the extent of a deficiency in amOlmts required to pay principal of the Bonds, the Paying Agent shall (a) execute and deliver to the Insurance Paying Agent in form satisfactory to the Insurance Paying Agent an instrument appointing the Bond Insurer as agent for such Holder in any legal proceeding relating to the payment of such principal and an assignment to the Bond Insurer of any of the Bonds surrendered to the Insurance Paying Agent of so much of the principal amount thereof as has not previously been paid or for willch moneys are not held by the Paying Agent and available for such payment A-I 10866/5000.02 '-' """" (but such assignment shall be delivered only if payment ITom the Insurance Paying Agent is received), (b) receive as designee of the respective Holders (and not as Paying Agent) in accordance with the tenor of the Policy payment therefor ITom the Insurance Paying Agent, and (c) disburse the same to such Holders. 5. Payments with respect to claims for interest on and principal of the Bonds disbursed by the Paying Agent ITom proceeds of the Policy shall not be considered to discharge the obligations of the County with respect to such Bonds, and the Bond Insurer shall become the owner of such unpaid Bonds and claims for the interest in accordance with the tenor of the assignment made to it under the provisions of this subsection or otherwise. 6. Irrespective of whether any such assignment is executed and delivered, the County and the Paying Agent hereby agree for the benefit of the Bond Insurer that: a. They recognize that to the extent the Bond Insurer makes payments, directly or indirectly (as by paying through the Paying Agent), on account of principal of or interest on the Bonds, the Bond Insurer will be subrogated to the rights of such Holders to receive the amount of such principal and interest ITom the County, with interest thereon as provided and solely ITom the sources stated in the Resolution and the Bonds; and b. They will accordingly pay to the Bond Insurer the amount of such principal and interest (including principal and interest recovered under subparagraph (ii) of the first paragraph of the Policy, which principal and interest shall be deemed past due and not to have been paid), with interest thereon as provided in the Resolution and the Bonds, but only ITom the sources and in the manner provided herein for the payment of principal of and interest on the Bonds to Holders, and will otherwise treat the Bond Insurer as the owner of such rights to the amount of such principal and interest. 7. In connection with the issuance of additional Bonds, the County shall deliver to the Bond Insurer a copy of the disclosure document, if any, circulated with respect to such additional Bonds. 8. Copies of any amendments made to the documents executed in connection with the issuance of the Bonds which are consented to by the Bond Insurer shall be sent to Standard & Poor's Corporation. 9. The Bond Insurer shall receive notice of the resignation or removal of the Paying Agent and the appointment of a successor thereto. IO. The Bond Insurer shall receive copies of all notices required to be delivered to Bondholders and, on an annual basis, copies of the County's audited financial statements and Annual Budget. 11. The County agrees not to use MBIA's name in any public document including, without limitation, a press release or presentation, announcement or forum without MBIA's prior consent. In the event that the County is advised by counsel that it has a legal obligation to disclose MBIA's name in any press release, public announcement or other public document, the County shall provide MBIA with at least three (3) business days' prior written notice of its intent to use MBIA's name together with a copy of the proposed use ofMBIA's name and of any description of a transaction with MBIA and shan obtain MBIA's prior consent as to the form and substance of the proposed use ofMBIA's name and any such description. A-2 10866/5000_02 '-" ..J 12. The County shall not enter into any agreement nor shall it consent to or participate in any arrangement pursuant to which Bonds are tendered or purchased for any purpose other than the redemption and cancellation or legal defeasance of such Bonds without the prior written consent of MBIA. 13. Notices. Any notices required to be sent under the Commitment or the Policy will be sent by registered or certified mail to: MBIA Insurance Corporation, 113 King Street, Armonk, N.Y. 10504, Attention: Insured Portfolio Management, with a copy to Attention: Surveillance. In particular, (1) the Bond Insurer will be provided with (a) notice of (i) any amendments to the Resolution, (b) at least 15 days' advance notice of any proposed defeasance of the Series 2004A Bonds, (c) an opinion of Bond Counsel in connection with any defeasance to the effect that the escrow agreement entered into in connection with such defeasance complies with the requirements of the Resolution and effectively defeases the lien of the refunded bonds on the Pledged Revenues, and (d) copies of the Official Statements for any Additional Parity Bonds, and (2) S&P will be provided with copies of any amendments to the Resolution. 14. Authorized Investments shall to the extent required by the Bond Insurer, be deemed to include only the following investments: A. Direct obligations of the United States of America (including obligations issued or held in book-entry form on the books of the Department of the Treasury, and CATS and TIGRS) or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America. B. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following federal agencies and provided such obligations are backed by the full faith and credit of the United States of America (stripped securities are only permitted if they have been stripped by the agency itself): 1. U.S. Export-Import Bank (Eximbank) Direct obligations or fully guaranteed certificates ofbeneficiaJ ownership 2. Farmers Home Administration (FmHA) Certificates of beneficial ownership 3. Federal Financing Bank 4. Federal Housing Administration Debentures (FHA) 5. General Services Administration Participation certificates 6. Government National Mortgage Association (GNMA or "Ginnie Mae") GNMA - guaranteed mortgage-backed bonds GNMA - guaranteed pass-through obligations (not acceptable for certain cash-flow sensitive issues.) 7. U.S. Maritime Administration Guaranteed Title XI financing 8. U.S. Department of Housing and Urban Development (HUD) Project Notes A-3 10866/5000_02 , '-' ...., Local Authority Bonds New Communities Debentures - U.S. government guaranteed debentures U.S. Public Housing Notes and Bonds - U.S. government guaranteed public housing notes and bonds C. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following non-full faith and credit U.S. government agencies (stripped securities are only permitted if they have been stripped by the agency itself): 1. Federal Home Loan Bank System Senior debt obligations 2. Federal Home Loan Mortgage Corporation (FHLMC or "Freddie Mac") Participation Certificates Senior debt obligations 3. Federal National Mortgage Association (FNMA or "Fannie Mae") Mortgage-backed securities and senior debt obligations 4. Student Loan Marketing Association (SLMA or "Sallie Mae") Senior debt obligations 5. Resolution Funding Corp. (REFCORP) obligations 6. Farm Credit System Consolidated systemwide bonds and notes D. Money market funds registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933, and having a rating by S&P of AAAm-G; AAA-m; or AA-m and if rated by Moody's rated Aaa, Aal or Aa2. E. Certificates of deposit secured at all times by collateral described in (A) and/or (B) above. Such certificates must be issued by commercial banks, savings and loan associations or mutual savings banks. The collateral must be held by a third party and the bondholders must have a perfected first security interest in the collateral. F. Certificates of deposit, savings accounts, deposit accounts or money market deposits which are fully insured by FDIC, including BIF and SAIF. G. Investment Agreements, including GIC's, Forward Purchase Agreements and Reserve Fund Put Agreements acceptable to MBIA (Investment Agreement criteria is available upon request). H. Commercial paper rated, at the time of purchase, "Prime - 1" by Moody's and "A-I" or better by S&P. I. Bonds or notes issued by any state or municipality which are rated by Moody's and S&P in one of the two highest rating categories assigned by such agencies. A-4 10866/5000_02 \..f ""'" 1. Federal funds or bankers acceptances with a maximum term of one year of any bank which has an unsecured, uninsured and unguaranteed obligation rating of "Prime - I" or "A3" or better by Moody's and "A-l" or "A" or better by S&P. K. Repurchase Agreements ("Repos") for 30 days or less must follow the following criteria. Repurchase Agreements which exceed 30 days must be approved by MBIA. Repurchase agreements provide for the transfer of securities fÌ'om a dealer bank or securities firm (seller/borrower) to a municipal entity (buyer/lender), and the transfer of cash fÌ'om a municipal entity to the dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the municipal entity in exchange for the securities at a specified date. 1. Repos must be between the municipal entitv and a dealer bank or securities firm as follows: a. Primarv dealers on the Federal Reserve reporting dealer list which are rated A or better by Standard & Poor's Corporation and Moody's Investor Services, or b. Banks rated "A" or above by Standard & Poor's Corporation and Moody's lnvestor Services. 2. The written Repos contract must include the following: a. Securities which are acceptable for transfer are: (I) Direct U.S. governments, or (2) Federal agencies backed by the full faith and credit of the U.S. government (and FNMA & FHLMC) b. The term of the Repos mav be up to 30 days c. The collateral must be delivered to the municipal entity, trustee (if trustee is not supplying the collateral) or third party acting as agent for the trustee (if the trustee is supplying the collateral) before/simultaneous with payment (perfection by possession of certificated securities). d. Valuation of Collateral (I) The securities must be valued weeklv. marked-to- market at current market price plus accrued interest The value of collateral must be equal to 104% of the amount of cash transferred by the municipal entity to the dealer bank or security firm under the repo plus accrued interest. If the value of securities held as collateral slips below 104% of the value of the cash transferred by municipality, then additional cash and/or acceptable securities must be transferred. If, however, the securities used as collateral are FNMA or FHLMC, then the value of collateral must equal 105%. A-5 1086615000-02 · 10866/5000_02 ~ ..,J 3. Legal opinion must be delivered to the County to the effect that the Repo meets guidelines under state law for legal investment of public funds. A-6 \.,f .., EXHIBIT B NORTH HUTCHINSON BONDS CREDIT FACILITY PROVISIONS DEFINITIONS In consideration of the issuance by the Credit Facility Issuer of the North Hutchinson Credit Facilities, the County hereby covenants and agrees as follows: The following definitions are those which Ambac Assurance recommends for the Financing Document: "Ambac Assurance" shall mean Ambac Assurance Corporation, a Wisconsin-domiciled stock insurance company. "Financial Guaranty Insurance Policy" shall mean the financial guaranty insurance policy issued by Ambac Assurance insuring the payment when due of the principal of and interest on the Obligations as provided therein. AMBAC ASSURANCE CONSENT LANGUAGE Ambac Assurance requires that the Financing Document include the following consent provisions: A. Consent of Ambac Assurance. Any provision of this [Financing Document] expressly recognizing or granting rights in or to Ambac Assurance may not be amended in any manner which affects the rights of Ambac Assurance hereunder without the prior written consent of Ambac Assurance. Ambac Assurance reserves the right to charge the Obligor* a fee for any consent or amendment to the Financing Document while the Financial Guaranty Insurance Policy is outstanding. B. Consent of Ambac Assurance in lieu of Holder Consent. Unless otherwise provided in this Section, Ambac Assurance's consent shall be required in lieu of Holder consent, when required, for the following purposes: (i) execution and delivery of any supplemental [Financing Document] or any amendment, supplement or change to or modification of the [Loan Agreement, Lease Agreement, etc.] (ii) removal of the Trustee or Paying Agent and selection and appointment of any successor trustee or paying agent [required in those transactions in which the Financing Document provides for a trustee or paying agent]; and (iii) initiation or approval of any action not described in (i) or (ii) above which requires Holder consent. C. Consent of Ambac Assurance in the Event ofInsolvency Any reorganization or liquidation plan with respect to the Obligor* must be acceptable to Ambac Assurance. In the event of any reorganization or liquidation, Ambac Assurance shall have the right to vote on behalf of all Holders who hold Ambac Assurance-insured Obligations absent a default by Ambac Assurance under the applicable Financial Guaranty Insurance Policy insuring such Obligations. [In transactions for which acceleration is not a remedy for an event of default, the following provision is to be included in the Financing Document.] B-1 .. " '-" -...I D. Consent of Ambac Assurance Upon Default. Anything in this [Financing Document] to the contrary notwithstanding, upon the occurrence and continuance of an event of default as defined herein, Ambac Assurance shall be entitled to control and direct the enforcement of all rights and remedies granted to the Holders or the Trustee fCJr the benefit of the Holders under this [Financing Document). '" or appropriate obligor on the Obligations. [In transactions for which acceleration is a remedy for an event of default, the following two provisions must be included in the Financing Document in lieu of paragraph D above.] D. Consent of Ambac Assurance Upon Default. Anything in this [Financing Document] to the contrary notwithstanding, upon the occurrence and continuance of an event of default as defined herein, Ambac Assurance shall be entitled to control and direct the enforcement of all rights and remedies granted to the Holders or the Trustee for the benefit of the Holders under this [Financing Document], including, without limitation: (i) the right to accelerate the principal ofthe Obligations as described in this [Financing Document], and (ii) the right to annul any declaration of acceleration, and Ambac Assurance shall also be entitled to approve all waivers of events of default. E. Acceleration Rights Upon the occurrence of an event of default, the Trustee may, with the consent of Ambac Assurance, and shall, at the direction of Ambac Assurance or _% ofthe Holders with the consent of Ambac Assurance, by written notice to the Obligor and Ambac Assurance, declare the principal of the Obligations to be immediately due and payable, whereupon that portion of the principal of the Obligations thereby coming due and the interest thereon accrued to the date of payment shall, without further action, become and be immediately due and payable, anything in this [Financing Document] or in the Obligations to the contrary notwithstanding. NOTICES/INFORMATION TO BE GIVEN TO AMBAC ASSURANCE Ambac Assurance requires that the following notice provisions be incorporated in the Financing Document: Notices to be sent to the attention ofthe SURVEILLANCE DEPARTMENT: A. While the Financial Guaranty Insurance Policy is in effect, the Obligor'" or the Trustee [as appropriate] shall furnish to Ambac Assurance, upon request, the following: (a) a copy of any financial statement, audit and/or annual report ofthe Obligor'" (b) such additional information it may reasonably request. Upon request, such information shaIJ be delivered at the Obligor's'" expense to the attention of the SurveiIJance Department, unless otherwise indicated. B. a copy of any notice to be given to the registered owners of the Obligations, including, without limitation, notice of any redemption of or defeasance of Obligations, and any certificate rendered pursuant to this [Financing Document] relating to the security for the Obligations. B-2 . \wf ...J C. To the extent that the Obligor has entered into a continuing disc]osure agreement with respect to the Obligations, Ambac Assurance shall be included as party to be notified. Notices to be sent to the attention ofthe GENERAL COUNSEL OFFICE: A. The Trustee or Obligor'" [as appropriate] shall notify Ambac Assurance of any failure of the Obligor'" to provide relevant notices, certificates, etc. B. Notwithstanding any other provision of this [Financing Document], the Trustee or Ob1igor* [as appropriate) shall immediately notify Ambac Assurance if at any time there are insufficient moneys to make any payments of principal and/or interest as required and immediately upon the occurrence of any event of default hereunder. Other Information to be !!:iven to Ambac Assurance: The Obligor* will pennit Ambac Assurance to discuss the affairs, finances and accounts of the Obligor* or any infonnation Ambac Assurance may reasonably request regarding the security for the Obligations with appropriate officers of the Obligor*. The Trustee or Obligor* [as appropriate] will pennit Ambac Assurance to [have access to the Project and] have access to and to make copies of all books and records relating to the Obligations at any reasonable time. *or appropriate obligor on the Obligations Ambac Assurance shall have the right to direct an accounting at the Obligor's expense, and the Obligor's failure to comply with such direction within thirty (30) days after receipt of written notice of the direction from Ambac Assurance shall be deemed a default hereunder; provided, however, that if compliance cannot occur within such period, then such period will be extended so long as compliance is begun within such period and diligently pursued, but only if such extension would not materially adversely affect the interests of any registered owner of the Ob1igations_ AMBAC ASSURANCE CORPORATION Permitted Investment Guidelines: Permitted Investments A. Ambac Assurance will allow the following obligations to be used as Permitted Investments for all purposes, including defeasance investments in refunding escrow accounts. (Ambac Assurance does not give a premium credit for the investment of accrued and/or capitalized interest). (1) Cash (insured at all times by the Federal Deposit Insurance Corporation), (2) Obligations of, or obligations guaranteed as to principal and interest by, the U.S. or any agency or instrumentality thereof, when such obligations are backed by the full faith and credit of the U.S. including: . U.S. treasury obligations . All direct or fulJy guaranteed obligations B-3 . '-" ...,¡ . Farmers Home Administration . General Services Administration · Guaranteed Title XI financing · Government National Mortgage Association (GNMA) · State and Local Government Series Any security used for defeasance must provide for the timely payment of principal and interest and cannot be callable or prepayable prior to maturity or earlier redemption ofthe rated debt (excluding securities that do not have a fixed par value and/or whose terms do not promise a fixed dollar amount at maturity or call date). B. Ambac will allow the following Obligations to be used as Permitted Investments for all purposes other than defeasance investments in refunding escrow accounts. (l ) Obligations of any of the following federal agencies which obligations represent the full faith and credit of the United States of America, including: -Export-Import Bank -Rural Economic Community Development Administration -U.S. Maritime Administration -Small Business Administration -U.S. Department of Housing & Urban Development (PHAs) -Federal Housing Administration -Federal Financing Bank (2)Direct obligations of any of the following federal agencies which obligations are not fully guaranteed by the full faith and credit of the United States of America: -Senior debt obligations issued by the Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corporation (FHLMC). -Obligations of the Resolution Funding Corporation (REFCORP) -Senior debt obligations of the Federal Home Loan Bank System -Senior debt obligations of other Government Sponsored Agencies approved by Ambac (3)U.S. dollar denominated deposit accounts, federal funds and bankers' acceptances with domestic commercial banks which have a rating on their short term certificates of deposit on the date of purchase of "P-I" by Moody's and "A-I" or "A-I +" by S&P and maturing not more than 360 calendar days after the date of purchase. (Ratings on holding companies are not considered as the rating of the bank); (4) Commercial paper which is rated at the time of purchase in the single highest classification, "p- I" by Moody's and "A-I+" by S&P and which matures not more than 270 calendar days after the date of purchase; (5)Investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; (6)Pre-refunded Municipal Obligations defined as follows: any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit B-4 ,- .. '-" ..., of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (A) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of Moody's or S&P or any successors thereto; or (B) (i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or obligations described in paragraph A(2) above, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate, and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; [Pre-refunded Municipal Obligations meeting the requirements of subsection (B) hereof may be used as Permitted Investments for annual appropriation lease transactions. (7) Municipal Obligations rated "AaalAAA" or general obligations of States with a rating of "A2/A" or higher by both Moody's and S&P. (8) Investment Agreements approved in writing by Ambac Assurance Corporation (supported by appropriate opinions of counsel); and (9) other fonns of investments (including repurchase agreements) approved in writing by Ambac. C. The value of the above investments shall be detennined as follows: a) For the purpose of detennining the amount in any fund, all Pennitted Investments credited to such fund shall be valued at fair market value. The Trustee shall detennine the fair market value based on accepted industry standards and from accepted industry providers. Accepted industry providers shall include but are not limited to pricing services provided by Financial Times Interactive Data Corporation, Merrill Lynch, Salomon Smith Barney, Bear Steams, or Lehman Brothers. b) As to certificates of deposit and bankers' acceptances: the face amount thereof, plus. accrued interest thereon; and c) As to any investment not specified above: the value thereof established by prior agreement among the Issuer, the Trustee, and Ambac. DEFEASANCE LANGUAGE A. The definition of "Outstanding" Obligations or obligations, or any like concept, should specifically include Obligations or obligations which fall into the category described below. B. The defeasance section of the Financing Document should include the following language: Notwithstanding anything herein to the contrary, in the event that the principal and/or interest due on the Obligations shall be paid by Ambac Assurance Corporation pursuant to the Financial Guaranty Insurance Policy, the Obligations shall remain Outstanding for all purposes, not be defeased or otherwise satisfied and not be considered paid by the Obligor, and the assignment and pledge of the Trust Estate and all covenants, agreements and other obligations of the Obligor to the registered owners shall continue to B-5 4 " ~ ... ~ ..., exist and shall run to the benefit of Ambac Assurance, and Ambac Assurance shall be subrogated to the rights of such registered owners. PAYMENT PROCEDURE PURSUANT TO THE FINANCIAL GUARANTY INSURANCE POLICY The following language sets out the applicable procedure for payments under the Financial Guaranty Insurance Policy and should be incorporated into the Financing Document: As long as the ObJigation insurance shall be in fun force and effect, the Obligor, the Trustee and any Paying Agent agree to comply with the following provisions: (a) At least one (I) business day prior to all Interest Payment Dates the Trustee or Paying Agent, if any, will determine whether there will be sufficient funds in the Funds and Accounts to pay the principal of or interest on the ObJigations on such Interest Payment Date. If the Trustee or Paying Agent, if any, determines that there will be insufficient funds in such Funds or Accounts, the Trustee or Paying Agent, if any, shall so notify Ambac Assurance. Such notice shall specify the amount of the anticipated deficiency, the ObJigations to which such deficiency is appJicable and whether such ObJigations wiJI be deficient as to principal or interest, or both. If the Trustee or Paying Agent, if any, has not so notified Ambac Assurance at least one (I) business day prior to an Interest Payment Date, Ambac Assurance will make payments of principal or interest due on the Obligations on or before the first (1st) business day next following the date on which Ambac Assurance shall have received notice of nonpayment from the Trustee or Paying Agent, if any. (b) the Trustee or Paying Agent, if any, shan, after giving notice to Ambac Assurance as provided in (a) above, make available to Ambac Assurance and, at Ambac Assurance's direction, to The Bank of New York, in New York, New York, as insurance trustee for Ambac Assurance or any successor insurance trustee (the "Insurance Trustee"), the registration books of the Obligor maintained by the Trustee or Paying Agent, if any, and all records relating to the Funds and Accounts maintained under this [Financing Document). (c) the Trustee or Paying Agent, if any, shall provide Ambac Assurance and the Insurance Trustee with a list of registered owners of Obligations entitled to receive principal or interest payments from Ambac Assurance under the terms of the Financial Guaranty Insurance PoJicy, and shall make arrangements with the Insurance Trustee (i) to mail checks or drafts to the registered owners of ObJigations entitled to receive full or partiaJ interest payments from Ambac Assurance and (ii) to pay principal upon Obligations surrendered to the Insurance Trustee by the registered owners of Obligations entitled to receive full or partial principal payments from Ambac Assurance. (d) the Trustee or Paying Agent, if any, shall, at the time it provides notice to Ambac Assurance pursuant to (a) above, notify registered owners of Obligations entitled to receive the payment of principal or interest thereon from Ambac Assurance (i) as to the fact of such entitlement, (ii) that Ambac Assurance win remit to them an or a part of the interest payments next coming due upon proof of Holder entitlement to interest payments and delivery to the Insurance Trustee, in form satisfactory to the Insurance Trustee, of an appropriate assignment of the registered owner's right to payment, (iii) that should they be entitled to receive full payment of principal from Ambac Assurance, they must surrender their ObJigations (along with an appropriate instrument of B-6 -t l'~ .'~ '" .., assignment in form satisfactOl)' to the Insurance Trustee to permit ownership of such Obligations to be registered in the name of Ambac Assurance) for payment to the Insurance Trustee, and not the Trustee or Paying Agent, if any, and (iv) that should they be entitled to receive partial payment of principal from Ambac Assurance, they must surrender their Obligations for payment thereon first to the Trustee or Paying Agent, if any, who shall note on such Obligations the portion of the principal paid by the Trustee or Paying Agent, if any, and then, along with an appropriate instrument of assignment in form satisfactory to the Insurance Trustee, to the Insurance Trustee, which will then pay the unpaid portion of principal. (e) in the event that the Trustee or Paying Agent, if any, has notice that any payment of principal of or interest on an Obligation which has become Due for Payment and which is made to a Holder by or on behalf of the Obligor has been deemed a preferential transfer and theretofore recovered from its registered owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the final, nonappealable order of a court having competent jurisdiction, the Trustee or Paying Agent, if any, shall, at the time Ambac Assurance is notified pursuant to (a) above, notifY an registered owners that in the event that any registered owner's payment is so recovered, such registered owner will be entitled to payment from Ambac Assurance to the extent of such recovery if sufficient funds are not otherwise available, and the Trustee or Paying Agent, if any, shall furnish to Ambac Assurance its records evidencing the payments of principal of and interest on the Obligations which have been made by the Trustee or Paying Agent, if any, and subsequently recovered from registered owners and the dates on which such payments were made. (f) in addition to those rights granted Ambac Assurance under this [Financing Document], Ambac Assurance shall, to the extent it makes payment of principal of or interest on Obligations, become subrogated to the rights of the recipients of such payments in accordance with the terms of the Financial Guaranty Insurance Policy, and to evidence such subrogation (i) in the case of subrogation as to claims for past due interest, the Trustee or Paying Agent, if any, shall note Ambac Assurance's rights as subrogee on the registration books ofthe Obligor maintained by the Trustee or Paying Agent, if any, upon receipt from Ambac Assurance of proof of the payment of interest thereon to the registered owners of the Obligations, and (ii) in the case of subrogation as to claims for past due principal, the Trustee or Paying Agent, if any, shall note Ambac Assurance's rights as subrogee on the registration books of the Obligor maintained by the Trustee or Paying Agent, if any, upon surrender of the Obligations by the registered owners thereof together with proof of the payment of principal thereof. B-7 ~ AGENDA REQUEST 'WII ITEM NO. CA1 DATE: September 27,2005 REG U LAR [] PUBLIC HEARING [] CONSENT [X] SUBMITTED BY (DEPT): Administration TO: Board of County Commissioners SUBJECT: Planning & Zoning Commission Appoint ent BACKGROUND: Commissioner Smith has requested that Mr. Craig Mundt serve as his appointee on the Planning & Zoning Commission. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board ratify Commissioner Smith's appointment of Mr. Craig Mundt to the Planning & Zoning Commission. COMMISSION ACTION: j( APPROVED [] OTHER: [] DENIED CONC_d p Douglas M. Anderson County Administrator Approved 4-0 Comm. Coward Absent Review and Approvals County Attorney: Management & Budget: _ Originating Dept: - Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 ;:- . . '-" 1~~¡;t'I':ll~~~·~ '-;$~~'~~'rl:.: ~",..,,,. ~~" ..., St. Lucie County Board of County Commissioners Application for Serving- on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: . Must be a County resident · Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest. · Must not be employed by the same business entity as other committee members. · Must not serve on more than 2 County committees Note: Some committees have additional requirements¡ please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. 2. Name: C R.,,q Ie;: M v^-/ D I Lf &- ~---ZOD I Phone: 3. Home address: çc '5-/ Ai, 14.1- ¡:::} 7:::!- 12 - I 4. Which commission district do you live in? S- 5. Business/Occupation .iv/A I 6. Business address: 7. Brief resume of education & experience: (Please attach resume) Së¡; J47TncHcß 8. Do you currently serve on a county committee(s)? If so, please list: Nc. 9. Why do you think you are qualified to serve on the committee(s) indicated? p ¡q S ï G &,,/ £ /'t :J.I /YI Co AI T .E X l' ~ £ J -J:? ~ I c:: L: i"' 10. Would you~sider serving on another board other than the one(s) stat~bove? (Please speci fy) 11. Comments: SIGNATURE: ~~ ,m~ DATE: 1// ;J../ c':'.y St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: ¡:¡ Beach Preservation Task Force ¡:¡ Board of Adjustment ¡:¡ Central Florida Foreign-Trade Zone, Ine. ¡:¡ Children's Services Council ¡:¡ Citizen's Budget Development Committee ¡:¡ Code Enforcement Board ¡:¡ Community Development Block Grant Citizen's Advisory Task Force ¡:¡ Contractors Certification Board ¡:¡ Cultural Affairs Council ¡:¡ Emergency Medical Services Advisory Council ¡:¡ Environmental Advisory Committee ¡:¡ Environmental Hearing Board ¡:¡ FI. Dept. of Children and Family Services Committee District 15 ¡:¡ FI. Dept. of Children and Family Services Nominating Qualifications Review Committee District 15 ¡:¡ Fort Pierce Harbor Advisory Committee ¡:¡ Historical Commission ¡:¡ Housing Finance Authority ¡:¡ Investment Committee ¡:¡ Library Advisory Board @Planning & Zoning Commission/Local Planning Agency ¡:¡ Restudy Coordination Committee ¡:¡ St. Lucie County Recreation Advisory Board ¡:¡ Tourist Development Council ¡:¡ Treasure Coast Health Council, Ine. ¡:¡ Treasure Coast Regional Economic District/Overall Economic Development Program Committee ¡:¡ Vegetation Protection Committee APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 ,-- . , ..... .".¡ Resume for Craig Mundt Education Graduate Study- two years law school Bachelor of Arts- Georgia State University Government Experience Elected three terms-Councilman and Mayor-North Palm Beach FL Town provided police, fire, sanitation, planning & zoning, building department, code enforcement, finance, recreation, marina and municipal golf course Aviation Commercial Pilot- Single, Multi-engine and Instrument Ratings. American Airlines Citation Flight Training; Flight Safety International Gulfstream Aircraft Flight Training. 3200 hrs Total Flight Time. Employment 1998-Present Retired 1989-1998 Senior Vice President- Sales and Marketing Gulfstream Aircraft Division of General Dynamics Vice President- Domestic Sales Vice President- Pre-owned Aircraft Director Special Projects Director Gulf Jet Sales and Marketing 1988-1989 Executive Vice President-Imperial Aviation 1980- 1988 President- National Aircraft Sales 1973- 1980 National Sales manager- Citation Division Cessna Aircraft Company Regional Sales Manager- Citation Division Cessna Aircraft 1972- 1973 Vice President & General Manager Peachtree Air Service 1967 - 1972 Cessna Aircraft Company-Sales positions zone and regional level Prior ESSO (now Exxon) Marketing Division Personal Age 64 Married- Two children Military- Intelligence, H.D. References Provided on request Address 5051 N. A1A #12-1 Ft. Pierce, FL 34949 Phone/Fax (772) 465-2001 """"!IIh. ,.. ;#' '-" ....I AGENDA REQUEST ITEM NO. JL DATE: September 27, 2005 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNiY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-368 - Adopting Impact Fee Report by James C. Nicholas, Ph.D. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 05- 368 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: 91as Anderson County Administrator [~ APPROVED [] DENIED [ ] OTHER: Approved 4-0 Motion to approved as amended by the County Attorney. County Attorney: Ji. Keview and Approvals Management & Budget S&SPD: Originating Dept_ Public Works Dir: Parks & Rec. Dir.: Finance: (Check for copy only, if applicable) En 5/96 '-" ...I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1592 DATE: September 21, 2005 SUB.TECT: Resolution No. 05-368 - Adopting Impact Fee Report by .Tames C. Nicholas, Ph.D. ****..*****.************...*****...*.*.*.*************...*......*.........**.* BACKGROUND: Attached to this memorandum is a copy of a report prepared by Dr. James C. Nicholas dated July 2005 entitled "Public Buildings Impact Fees for St. Lucie County. Roads Impact Fees for St. Lucie County, and Parks Impact Fees for St. Lucie County." Also attached is Resolution No. 05-368 which. if adopted, would adopt the report. The resolution also ratifies the ten percent (1070) discount on payment of the Public Buildings Impact Fee, the Roads Impact Fee and the Parks Impact Fee. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-368 and authorize the Chairman to sign the Resolution. Daniel S. McIntyre County Attorney DSM/ caf Attachment '-' ""'" .PUBLIC BUILDINGS IMPACT FEES FOR ST. LUCIE COUNTY .ROAD IMPACT FEES FOR ST. LUCIE COUNTY AND .PARI<S IMPACT FEES FOR ST. LUCIE COUNTY Prepared By James C. Nicholas, Ph.D. July 2005 - \.of ~ Table of Contents I. Impact Fees............~.............................................. 2 A. St Lucie County Impact Fee Program...................2 B. County Population Growth. ..................................:4- C. Employment Growth ............................................6 D. Land Development ....................................... 8 II. Roads ...............................................................,.10 III. Public Buildings.................................................. 14 IV.- Parks & Recreation ........................................... 16 1 - '-' ~ I. Impact Fees A. St Lucie County Impact Fee Program. 8t. Lucie County was one of the first counties in Florida to adopt impact fees. In 1986 the County adopted road impact fees while park & recreation, public building, law enforcement, fire protec- tion, public libraries and public education impact fees followed later. These impact fees all followed what has become known as the needs or fonnula driven approach. This approach begins with the specification of a quantities level of service, such as 7,500 vehicles per lane-mile per day. The generalized cost of providing a unit of facility improvement, such as a lane-mile or road or an acre of park land, is used to project the cost of maintaining aÌ1 adopted level of service. The alternative to the needs driven method is the improvements method. This method allocates shares of specified capital between existing and new development and then among the various components of new development. The advantage of the improvements method is that there is a inventory of improvements that are needed and a specific funding program, including impact fees, can be designed to implement that set of improvements. St Lucie County has expressed a desire to move from the genera] needs approach to impact fees to the more specific improvements approach. A set of improvements driven impact fees are developed herein. St Lucie County has implemented a system of countywide development impact fees. These fees are; · Roads, · Parks and recreation, · Public buildings, · Law enforcement (sheriff), · Fire protection and EMS, · Public libraries, and · Public education. 2 - ~ ."""; The existing impact fees are shown in Table 11-1. TABLE 11-1 EXISTING IMPACT FEES ST LUCIE COUNTY 2005 Roads Schools Parks Library Public Buildinas RESIDENTIAUUNIT: Sino Ie Familv $2 059 $4 956 $456 $182 $347 Mobil Home/RV Unit IPark Onlv) $1 029 $1430 $299 $163 $227 Multi-familv 1/2 firs $1 500 $2 536 $406 $118 $310 Multi~familv 3+ firs $784 $2 536 $406 $118 $310 Hotel/Motel - ner room . $1950 $0 $293 $0 $224 Bed & Breakfast (Guest Rooms) $947 $0 $293 $0 $224 Other Residential $1 500 $4 956 $468 $182 $347 OFFICE AND FINANCIAL PER 1 000 FT2: General Office $1 259 $0 $0 I $0 $390 Medical Office I $5 633 $0 $0 $0 $623 RETAIL PER 1000 FT2: Retail - under 100 000 sf $2 673 $0 $0 $0 $438 Retail- 100000 - 499 999 sf $2 532 $0 $0 $0 $504 Retail - 500 000 + sf $2477 $0 $0 $0 $367 GASOLINE SERVICES (PER SERVICF POSITIONI Gasoline Pumas $7 076 $0 $0 $0 $63 INDUSTRIAL PER 1 000 FT2: Warehouse $414 $0 $0 $0 $55 Truck Terminal $835 $0 $0 $0 $111 General Industrial $461 $0 $0 $0 $89 INSTITUTIONAL PER 1 000 FT2: School - Elem_ $1 136 $0 $0 $0 $499 School - Middle/Hioh School $1 125 $0 $0 $0 $2 206 Day Care Center $3 740 $0 $0 $0 $268 FraternalOro_ $860 $0 $0 $0 $0 Hosoital $1583 $0 $0 $0 $416 Nursino Home $352 $0 $0 $0 $449 Librarv $2 548 $0 $0 $0 $628 RECREATION (as snecifiedJ Park ICity/County/StateJ - (oer acre) $214 $0 $0 $0 $63 Recreation Facility loer 1 000 sf) $292 $0 $0 $0 $79 Golf Course loer Acre) $475 $0 $0 $0 $162 MoYie Theatres IDer Seat) $41 $0 $0 $0 $71 This program was designed to assess a portion of the cost of infrastructure on the development creating the 3 ---- '-' ..J need for infrastructure improvements. The roads, park & recreation, public building and law enforcement impact fee receipts are shared between the county and the City of Port 8t Lucie. The sharing is: TABLE 11-2 DISTRIBUTION OF IMPACT FEE RECEIPTS FEE DISTRIBUTION IMPACT FEE SCHOOL FIRE Admin SLC PSL DISTRICT DISTRICT Law Enforcement 4% 77% 19% Educational Facilities 4% 96% Road 4% 38% 58% Public BuildinQs 4% 81% 15% Parks & Recreation 4% 29% 67% Librarv 4% 96% Fire/EMS 4% 96% B. County Population Growth. In order to develop equitable impact fees it is first necessary to identify demographic parameters for the county. Table D-2 sets out the historic and projected growth ofSt Lucie County and of the city ofPort 5t Lucie. Figure 1 graphically shows these data. The growth of the City of Port 5t Lucie TABLE 11-2 HISTORIC AND PROJECTED GROWTH ST LUCIE COUNTY AND PORT ST LUCIE 1980 - 2010 St Lucie Countv Port St Lucie PODulation Dwellinas PODulation Dwellinas 1980 87 182 40915 14690 6359 1981 93 705 18789 1982 99 705 22 887 1983 104 673 25314 1984 109 833 27 999 1985 114738 30 968 1986 119960 34 252 1987 126 105 37 885 1988 132416 43 873 . 1989 139655 49 860 1990 150 171 73 843 55 866 24 241 1991 155 368 59 702 1992 159 302 62813 1993 163831 65 722 4 '-' ....I TABLE 11-2 HISTORIC AND PROJECTED GROWTH ST LUCIE COUNTY AND PORT ST LUCIE 1980 - 2010 St Lucie Countv Port S Lucie PODulation Dwellinns ponulation Dwellinns 1994 167 833 68 223 1995 172212 71 776 1996 176 272 74894 1997 180 338 77 985 1998 184 242 80 484 1999 188 327 83 254 2000 192 695 91 262 88 769 36 785 2001 198211 93874 92493 38 328 2002 205 340 97251 96 430 39 960 2003 211 898 100 357 1 03 072 42712 2004 226216 1 07 138 115 155 47719 2005* 235716 111 637 122655 50 827 2006* 245216 116136 130 155 53 935 2007* 254716 120 636 137 655 57 043 2008* 264216 125 135 145 155 60 151 2009* 273716 129 634 152 655 63 259 2010* 283216 134134 160155 66 367 * Projected SOURCES: Bureau of the Census, www census gov, Florida Statistical Abstract, various years, St Lucie County, February 2005, and Fishkind & Associates and City of Port St Lucie, September 2005u has been very significant in the growth of the county. In 1980 Port 8t Lucie constituted 17% of total county population. By 2000 this percentage had risen to 46%. Between ] 980 and 2005 77% of total county population growth occurred within the City of Port 8t Lucie. It follows that 77% of the demand for countywide infrastructure improvements has been from the City of Port 8t Lucie. It is anticipated that the percentage oftotal county growth from Port 8t Lucie will remain at approximately 80%. 5 '-' ...., c. Employment Growth Population growth by in-migration has been the dominant factor within 8t Lucie County for the recent past and is projected to continue that dominance in the foreseeable future. Population growth stimulates employment first in demand for homes and then in demand for supporting services. As demand and the labor force reach threshold size, industrial activities will begin to occur both as import substitution and as export activities. TABLE 11-4 EMPLOYMENT ST LUCIE COUNTY 1998 - 2010 EMPLOYMENT Growth New Participation Rate Jobs 1998 49 286 26_75% 1999 49274 -0_02% -12 26_16% 2000 51 134 3.77% 1860 26_54% 2001 51 961 1.62% 827 26.21% 2002 54 971 5_79% 3010 26.77% 2003 58 117 5_72% 3146 27-43% 2004 63 765 9_72% 5648 28_19% 2005" 66 000 351% 2235 28_00% 2006" 68 660 4.03% 2660 28_00% 2007" 71 320 3.87% 2660 28.00% 2008" 73 980 3_73% 2660 28.00% 2009" 76 640 3_60% 2660 28_00% 2010" 79 300 3A7% 2660 28.00% " Projected SOURCE: US Department of Labor, Table II-4 shows the growth in employment by industry. The largest number of new jobs is projected to be in health care with 4,698. This is closely followed by construction with 4,521. The greatest rate of growth is for wholesale trade at 11.8% per year. Total employment is projected to grow at 4% per year. The projected growth of population is 3.6%, indicating that the 8t Lucie County economy is evolving, mòst likely by import substitution. The data would suggest that distributional functions (warehousing) will increasing be performed within the county. This would also appear to be the case for financial, administrative and managerial services. 6 \w; ...., TABLE 11-5 GROWTH OF EMPLOYMENT BY INDUSTRY ST LUCIE COUNTY 1998 - 2010 INDUSTRY NEW RATE OF JOBS GROWTH Aoriculture forestrv_ fishina and huntinn (2030) -4_0% MininM . 17\ -2.5% Construction 4521 8.2% Manufacturino 926 2_7% . 4295 11_8% Wholesale trade Retail trade 2628 2_5% Transnortation and warehousino 78 1.9% Information (264) -2.5% Finance and insurance 1799 6_3% Real estate and rental and leasino 538 4.8% Professional and technical servicF>s 699 3_0% Management of companies & entemrises 4 0_3% Administrative and waste services 3210 9.6% Educational services 288 7.8% Health care and social assistance 4698 4_8% Arts entertainment and recreation 189 2.9% Accommodation and food services 2360 4_0% Other services exceot oublic admin. 242 1.2% Unclassified 0 0_0% Other 873 5.7% Federal 387 5_0% State 539 2.9% Local 4039 3_7% Total all industries 30 014 4.0% While employment data are themselves interesting, they are included herein in order to project the demand for non-residential development. 7 '-" ...., D. Land Development Table JI-6 shows the projected demand for non-residential floor space by general land use type. This demand is projected using the ratio of employees per 1,000 square feet of floor area calculated by allocating 2002 to 2004 employees to the number of square feet of heated floor area by type of building as contained in the records of the 8t Lucie County Property Appraiser. The ratios calculated for 8t Lucie County are: LAND USE TYPE Commercial/Retail Office Hotel/Motel Industrial Institutional FP PER EMPLOYEE 653.60 291.58 861.84 1,107A2 868.24 TABLE 11-6 DEMAND FOR NON-RESIDENTIAL SPACE ST LUCIE COUNTY 2005 - 2010 Retail Office Hotel/ Industrial Institu- Total Motel tianal 2005 9 252 664 3 652 995 1 598 392 12654834 13048975 40 207 860 2006 9 549 467 3 829 885 1 658 871 13 169 432 13575327 41782981 2007 9 846 269 4006 775 1 719350 13684029 14101 678 43358101 2008 10143071 4183665 1 779 829 14198627 14628030 44 933 222 2009 10439873 4 360 555 1 840 308 14713225 15154381 46508342 2010 10736676 4 537 445 1 900 787 15227823 15680733 48 083 463 Chanae 1484011 884 450 302 394 2 572 989 2631 758 7875602 In addition to accommodating 22,496 new residences, 8t Lucie County will need to accommodate 7,875,602 additional square feet of non-residential development. Table 11-7 summarizes the magnitude of develop- ment projected for the county: 8 '-" ..." TABLE 11-7 PROJECTED DEVELOPMENT ST LUCIE COUNTY 2005 - 2010 County Port St Lucie PODulation 47 500 37500 Dwellinas 22 496 15540 Non-Residential: Retail 1 484 011 1 098 342 Office 884 450 654 596 Hotel/Motel 302 394 223 807 Industrial 2 572 989 1 904313 Institutional 2631 758 1 947809 Total 7875602 5 828 868 NOTE It is not possible to project the precise location of non- residential development The projections shown in Table II-? indicate that approximately 80% of all county growth will occur either within or proximate to the City of Port St Lucie. While the growth within the City will stimulate substantial non-residential development, it is not possible to project the exact location within city limits. However, that non-residential development will be the result of Port St Lucie growth and will be proximate to if not within city limits. 9 ~ """" II. Roads The need for road improvements is om of the most important and most expensive facing a growing community. St Lucie County has prepared a Capital Improvement Program (CIP) showing the roads that will need improvement in order to accommodate the anticipated growth. This program is summa- rized in Table ill-I. The expansion projects are identified by geographic zone, I through 4. Zones 3 and 4 are the Port St Lucie area. CaDacitv Enhancements - 2006-10 ZONE I PSL ROC TOTAL US 1 & Indrio Intersection 1 I $0 $374126 't374 126 Total Lennard Rd Proiect Lennard Rd Ph I IPsl Blvd - Walton Rd) 4 $0 $0 ~O Lennard Rd Ph Ii (Walton Rd-Us 1) 4 $0 $0 $0 Lennard Rd Iii Riaht Of Wav 4 $16126059 $0 ~16 126059 Lennard Rd Msbu Public Share 4 $3082 151 'to 't3 082 151 Lennard Road Widenina Row 4 $500 000 $0 $500 000 South Jenkins Road Construction 3 ~500 000 'to 't500 000 Glades & Selvitz Intersection 3 $0 $199976 $0 Picos Road 1 $0 $850 000 ~O Citrus Ave Widenina ICtrv Gdn-Saear) 4 $0 $50 000 $50 000 So 25 St Phase Ii (Midwav-St James) 4 $19052 $0 ~19 052 Midwav Rd ( U.S 1-25th) 4 $8 020 877 ~5 347251 't13 368128 Edwards Rd & Selvitz Inter 2 $0 $531 021 . $531 021 Glades & Midwav Inter 3 $246 667 'to 't246 667 Glades & Midwav InUWalmart line! Uti ) 3 $1 408 753 $0 $1 408753 Avenue "D" Imcrovements 2 ~O ~O ~O Midwav Rd & Selvitz Inter 3 $850 000 $0 $850 000 Walton Rd Phase I (V Green To Lennard) 3 ~7 850 000 'to 't7 850 000 Indrio & Kinas Hwv Studv 1 $0 $250 000 $250 000 Jenkins (Midwav To Anale) 1 $0 $1 500000 $1500000 Jenkins Rd (10 Mile To Edwards) 1 $0 $1 500000 $1 500000 Midwav Rd (South 25th St -Turncike) 4 $494 000 'to ~494 000 West Midwav Row 4 $1 000000 $0 $1 000000 West Midwav Desian Plans 4 $1 000000 'to 't1 000000 West Midwav Road Construction 4 $1 0 000 000 $0 $10000000 Midwav And Weatherbee Intersection 4 $100000 ~O ~100 000 Indrio Road Widenina Desion Plans 1 $0 $1 500000 $1 500000 Indrio Road Widenina Construction 1 $0 $5 000 000 ~5 000 000 Indrio Road Widenina RIW Acauisition 1 $0 $1 000000 $1 000000 Kinas Hwv & Anole Road Studv 1 $0 $1 000000 't1 000000 TABLE 111-1 ROAD CAPACITY IMPROVEMENTS 2006 - 2010 10 TABLE 111-1 ROAD CAPACITY IMPROVEMENTS 20 6 2010 ZONE PSL 1 1 \.,; - - ,...., ROC 1 500 000 1 500 000 22109874 SOURCE: St Lucie County, 2005 Adopted Capital Improvement Plan_ TABLE 111-2 CAPACITY IMPROVEMENT COST AND REVENUES BY AREA Levels PCL ROC Total Count 57.1% 42.9% 100.0% 0_00% 29_90% 21-4% 70_10% 0.00% 78_6% 51197559 22109874 73 952 639 31 168448 13292703 4461 150 82366007 35 402 577 118413789 11 - - ~ -.I Table ill- 3 summarizes net capacity improvement costs by area and per Vehicular Mile of Travel added during 2006 to 2010. TABLE 111-3 ROAD IMPROVEMENTS COST PER VMT PSL 51 197559 461 861 110.85 ROC 22755080 196607 115.74 Net Ca aci New VMT Per VMT Fee er VMT Table IH-4 uses the calculated net capacity improvement cost to recalculate road impact costs on a per unit basis. This calculation is for a single mainland-wide fee that does not vary by district or service area. The island areas would still have separate fee schedules (not shown) based on the unique travel characteristics of those areas. TABLE 111-4 IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY LAND USE TYPE (UNIT) TRIP TRIP %NEW VMT Exist- Recalcu- RATE LENGTH TRIPS ing Fee latian Sino Ie Familv 920 5.10 100_0% 23-46 $2 059 $2 635 Mobile Home/Rec_ Vehicle 4.60 5_10 100_0% 11-73 $1 029 $1 317 Multi-Familv 1 & 2 Storv 6.70 5_10 100.0% n09 $1 500 $1 919 Multi-Familv 3 + Stories 3.50 5_10 100,0% 8.93 $784 $1 002 Hotel/Motel - Room 10.10 4-40 100_0% 22.22 $1 950 $2 496 Bed & Breakfast - Roam 4.90 4-40 100_0% 10.78 $947 $1 211 All Other Residential 6.70 5.10 100_0% 17.09 $1 500 $1 919 OFFICE & FINANCIAL PER 1 000 FT2: Other Office 12.20 4_70 50.0% 14.34 $1259 I $1610 Medical Office 54.60 4_70 50.0% 64.16 I $5633 $7 205 RETAIL PER 1 000 FT2 Under 100 000 FT2 61.50 3.30 30_0% 30-44 $2 673 $3 419 100 000-399 999 FT2 37.95 3_80 40_0% 28_84 $2 532 $3 239 400 000 & Over 26.25 4_30 50.0% 28_22 $2477 $3 169 GASOLINE SERVICES: Service Station Per Position 168_56 2.55 37_5% 80.59 $7 076 $9 051 INDUSTRIAL PER 1 000 FT2: Warehouse 2-44 5_10 75_0% 4_67 $414 $524 Truck Terminal 4.93 5_10 75.0% 9-42 $835 $1 058 General Industrial 2,72 5_10 75_0% 5,19 $461 $583 INSTITUTIONAL: School - Elem_ Per 1 000 FT2 12.03 4,30 50.0% 12_93 $1136 $1 452 School - Middle/Hinh Per 1 000 FT2 11.92 4.30 50.0% 12.81 $1 125 $1 439 Dav Care Per 1 000 FT2 79.26 4_30 25.0% 42,60 $3740 $4 785 12 - - '-' .11 TABLE 111-4 IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY LAND USE TYPE (UNIT) TRIP TRIP %NEW VMT Exist- Recalcu- RATE LENGTH TRIPS ing Fee lation Fraternal Orn_ Per 1 000 FT2 9.11 4.30 50_0% 9_79 $860 $1 100 Hosnital Per 1 000 FT2 16_78 4.30 50.0% 18_04 $1 583 $2 026 Nursina Home Per 1 000 FT2 3.72 4.30 50.0% 4.00 $352 $449 Librarv Per 1 000 FT2 54.00 4_30 25.0% 29.03 $2 548 $3 260 RECREATIONAL: Park (Public\ Per Acre 2_28 4.30 50_0% 2-45 $214 $275 Recreation Facilitv lain Per 1 000 FT2 3.10 4_30 50.0% 3_33 $292 $374 Golf Course Per Acre 5.04 4_30 50.0% 5-42 $475 $608 13 '-' ...." III. Public Buildings Table IV-I shows the capacity enhancements to countywide public buildings. TABLE IV-1 PUBLIC BUILDING CAPACITY IMPROVEMENTS 2006 - 2010 CAPACITY IMPROVEMENTS Inmate Workfarm Debt Service - Jail Public Defender's Office Ex ansion Debt Service - Clerk of the Courts Suiidin Emer enc 0 erations Center- 911 Communications Center Buildin TOTAL IMPACT FEE REVENUE NET PSL 244 944 7 077 658 3136910 1 779649 SOURCE: St Lucie County, 2005 and 2006 Capital Improvement Plans_ A substantial portion (54%) of the public building costs are debt service on long-term debt incurred for the jail and the Clerk of the Courts building. The total debt outstanding for these two facilities is $40 million, amortized over 28 years. The disaggregation of improvement cost is done on the basis oftotal dwelling units to be built in the county and within Port St Lucie. A public buildings improvements impact fee is shown in Table IV-2. This fee is calculated to equal the existing fee levels at $330 per capita. A revised calculation necessary to fully fund the deficit shown in Table IV-I. 14 - ~ ....., TABLE IV-2 PUBLIC BUILDINGS IMPROVEMENT IMPACT FEE ST LUCIE COUNTY LAND USE TYPE (UNIT) Existing Revised % Change Fee Calculation Sinale Familv $347 $783 125_7% Mobile Home/Rec_ Vehicle $227 $512 125_7% Multi-Familv 3 + Stories $310 $700 125.7% Multi-Familv 1 & 2 Storv $310 $700 125.7% Hotel/Motel - Room $224 $506 125_7% Bed & Breakfast - Room $224 $506 125.7% All Other Residential $347 $783 125_7% OFFICE AND FINANCIAL PER 1 000 FT2: Other Office $390 I $880 I 125.7% Medical Office I $623 $1 406 I 125_7% INDUSTRIAL PER 1 000 FT2: Warehouse $55 $124 125_7% Truck Terminal $111 $251 125.7% General Industrial $89 $201 125_7% GASOLINE SERVICES Service Station Per Position $63 $142 125.7% RECREATIONAL: Park (Public) Per Acre $63 $1A2 125_7% Recreation Facilitv (all) Per 1 000 FT2 $79 $178 125.7% Golf Course Per Acre $162 $366 125_7% Movie Theatre $71 $160 125_7% INSTITUTIONAL: School - Elem_ Per 1 000 FT2 $499 $1 126 125.7% School - Middle/Hiah Per 1 000 FT2 $2 206 $4 979 125_7% Dav Care Per 1 000 FT2 $268 $605 125_7% Fraternal Ora_ Per 1 000 FT2 $0 $0 0_0% Hosoital Per 1 000 FT2 $416 $939 125.7% Nursina Home Per 1 000 FT2 $448 $1 011 125_7% Librarv Per 1 000 FT2 $628 $1 417 125_7% RETAIL PER 1 000 FT2 Under 100000 FT2 $438 $989 125.7% 100 000-399 999 FT2 $504 $1 137 125.7% 400 000 & Over $367 $828 125.7% 15 '-' .."" IV. Parks & Recreation Table V -1 shows the park & recreational improvements program from 2006 to 2010. Many of the proposed improvements are repairs and replacements and such expenditures are not eligible impact expenditures. Items shown in the Impact Fee column are those that are eligible impact fee improvements. Those in the PSL column are those that serve the City of Port St Lucie and those in the ROC column serve the rest of the county. PARK IMPROVEMENT Total Imnact "'AA PSL ROC Lakewood Park: Communitv Clr/Park Develooment '1:200 000 '1:200 000 '1:0 '1:200 000 Community Ctr/Park Dev/Plavoround I $550 000 $550 000 $0 I $550 000 Lawnwood Sports Complex: Concession/Restroom Construc- tion/pool construction and gym '1:1356150 $1 356150 $0 $1 356 150 Construction Pool/Gvmnasium $1 450000 '1:1 450 000 '1:0 $1 450000 Resurface tennis courts/sun shades '1:20 000 $0 $0 $0 Dollman Park: Restroom/turn and decellanes $300 000 $300 000 $0 $300 000 Oceanside Restroom and North/South Parking lots '1:1 550000 $1 550000 $1 317 500 $232 500 Phase I - Parking, drainage and landscaping, Phase II - Restroom. $1150000 $1 150000 '1:977 500 '1:172 500 trail develonment Onen Snace Pnol: Reconstru ction/re novation $0 $0 '1:0 '1:0 Pool Renovation/Basketball Court '1:0 '1:0 Cover $400 000 $0 Basketball Court Covers '1:150 000 '1:0 $0 $0 White Cilv: I BoardwalklBridoe '1:56 182 $56182 '1:28091 '1:28091 I Park Imnrovements $125000 $125000 I '1:62 500 $62 500 Walton Rocks: Restroom Renovations '1:30 000 $0 '1:0 '1:0 Remodel kitchen/water filtration sys_ '1:25 000 $0 '1:0 $0 Restroom rlmovation/roadway paving $525 000 $0 $0 $0 Paradise Park Pools: TABLE V-1 PARK & RECREATION IMPROVEMENT PROGRAM ST LUCIE COUNTY 16 '-" ..., PARK IMPROVEMENT Total ImDact Fee PSL ROC Renovation/Reconstruction $350 000 $0 ~O SO Renaint surface ~8 000 $0 SO ~O Ravenswood Pool: SDlash Park/Bldn_ Construction ~414 000 $414000 $393 300 "20 700 Splash Park/Bldg. Construction and Shuffleboard Court $700 000 $700 000 "665 ono ~35 000 Pool Renovations ~O "0 SO $0 Penner Park New Restroom Construction 5285 575 $285 575 ~O ~285 575 Elks Park Restroom/Concession $485575 $485 575 ~O "485 575 Restroom/Concession $708 878 ~708 878 $0 $708 878 Coun'" Parks Irriaation to various Darks $485 575 $485 575 $0 $485 575 Savanna Camp Grounds: . Replace Group Camping Area. Dredging canals and installing $550.000 $0 $0 $0 drainaae svstem Maintenance Shed Renovations ~86 700 $0 "0 $0 Electronic aate control (front Date1 "6420 $3210 $0 $3210 Fairgrounds: Improvements - dump station/water filtration system/campsites $421 000 $210500 $147350 $63 150 Offices (North and South) . Concession/Restroom $1 300 000 $650 000 $455 000 $195000 Equestrian Roofed Area & stalls $1 160000 S>696 000 $487 200 $208 800 Completion of campgrounds. showers. restroom_ Irrigation. paving East and West Parking lot. walkway/sidewalks $1 893678 $946 839 "662787 $284 052 Harbour Pointe Pavilion and iandscaninn "115443 $57 722 $0 $57 722 South Causew"v: Desin n/Enn ineerinn/Parkinn $739 790 !1;739 790 $0 $739 790 LandscaninD and sidewalks $150 000 $75 000 $22 500 "52 500 I incoln Park: Construction/Renovations "50 000 "0 $0 "0 Bldg renovation/design/construct $1 556000 $0 ~O $0 DVm lIIous Ellis: Construction Pop Warner Press $128833 $0 $128833 Box/Concession $257 665 New Restroom Construction $145 100 $145 100 $0 ~145 100 River Park Marina Playg ro u ndlT raiis/Boa rdwa Iks Restrooms/boattrailer parking and parking lot (Additional Master Plan elements & Grant Fund matches) $550 000 !1;550 000 $440 000 $110000 TABLE V-1 PARK & RECREATION IMPROVEMENT PROGRAM ST LUCIE COUNTY 17 --...... .....I PARK IMPROVEMENT Total Impact Fee PSL ROC Wavel~nd Park Renovate bldos $200 000 $0 $0 $0 10 Mile Creek/Don W....t Development $150000 $150000 $97 500 $52 500 South County Stadium: Permanent Bleachers/Press BoxlPA SystemNisitors Bathroom & Concession/(2) Ticket booths $1 600000 $1 280000 $1 216000 $64 000 Debt Service $144250 $144250 $137038 <r.7213 Bovs and Girls Club Shared develooment $550 000 $550 000 $522 500 $27 500 Frederick Douglas Roadway Improvements & Dune crossovers $360 000 $360 000 $252 000 $108 000 John Brooks: Roadwav Imorovements I $300 000 $150000 I $105000 $45 000 Road MilJinos $30 000 $0 I $0 '1:0 Fort Pierce Community Cent..r: Plavoround Eouioment $18 825 $18825 $0 $18 825 Desion/build lame screen room $10 000 '1:10000 $0 $10 000 Desion/Addition $50 000 $50 000 $0 $50 000 Civic Cent...; Staoe Curtain $90 000 $0 $0 '1:0 Lie htine $30 000 '1:0 $0 $0 Maravilla Park Construct full-size basketball court '1:14126 $14126 - $0 $14126 Future Land Purchas.. Land ourchase $1 238500 $1 238500 $0 $1 238500 Recreation Divi"ion Office Sinnaoe $3 000 '1:750 $0 $750 Misc. ParkslBallfields Re-Iamo $0 $0 $0 $0 Continnencv $116125 $77 804 $0 $77 804 TOTALS $25211 557 $18064183 $7 988 766 $10075417 TABLE V-1 PARK & RECREATION IMPROVEMENT PROGRAM ST LUCIE COUNTY The items shown in Table V-I are summarized in Table V-2 and impact fee receipts are also shown. It is clear that there is a deficit in the proposed improvement program. Park & TABLE V-2 PARK & RECREATION IMPROVEMENTS SUMMARY recreation improvements projected impact fee receipts are shown in Table V -3. The existing fees 18 . '-' ..,J RESOLUTION NO. 05-368 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FLORIDA , , PROVIDING FOR THE DESIGNATION OF THE UPDATED PUBLIC BUILDINGS IMPACT FEE STUDY, ROADS IMPACT FEE STUDY AND PARKS IMPACT FEE STUDY, WHICH WAS ADOPTED AND INCORPORATED BY REFERENCE INTO COUNTY ORDINANCE 05-030; PROVIDING FOR A DISCOUNT FOR EARLY PAYMENT IN MUNICIPALITIES THA T HA VE NOT AGREED TO ASSIST IN THE COLLECTION OF IMPACT FEES; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. On September 6,2005, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 05-030, which amended Article II of the Code of St. Lucie County relating to impact fees. Section 2. Pursuant to Ordinance 05-030, the Board of County Commissioners designated-and incorporated by reference into the Ordinance various studies entitled "Public Buildings Impact Fees for St. Lucie County, " "Roads Impact Fees for St. Lucie County," and "Parks Impact Fees for St. Lucie County," all dated July 2005. A copy of the studies which were adopted by the Board and incorporated by reference into Ordinance 05-030 are attached hereto as Exhibit "A". Section 3. To encourage the payment of the Parks Impact Fee, Roads Impact Fee and Public Buildings Impact Fee imposed upon new land development activity occurring within a municipality that. has not agreed to assist in the collection of such impact fees, a feepayer that pays such impact fees directly to the County within sixty (60) days of the receipt of an Impact Fee Statement Notice shall be entitled to a ten percent (lOio) reduction in the amount of those impact fees paid. Such discount shall only apply to the payment of the Public Buildings Impact Fee, the Roads Impact Fee and the Parks Impact Fee. Section 4. Effective Date. This resolution shall take effect immediately upon its adoption. - - 'W -- "" " ... After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx xxx xxx xxx Passed and Adopted this _ day of September, 2005, at a regular meeting duly called and held. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA (SEAL) By: Chairman ATTEsT: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney '-' ~~ ...,-#-I.o Ju-p-~ .c- . PUBLIC BUILDINGS 11\1PAcr FEES FOR ST. LUGE CoUNTI .ROAD 11\1PAcrFEES FORST. LUGE CoUNTI AND .PARKS 11\1PAcrFEES FORST. LUGE CoUNTI Prepared By James C. Nicholas, Ph.D. July 2005 ~-, '-' ....J Table of Contents I. Impact Fees........................................................,..2 A. St Lucie County Impact Fee Program. .................2 B. County Population Growth. ...................................4 C. Employment Growth............................................. 6 D. Land Development .......................................8 II. Roads ................................................................10 III. Public Buildings ................................................. 14 IV. Parks & Recreation........................................... 16 I '-' >..",/ I. Impact Fees A. St Lucie County Impact Fee Program. 5t. Lucie County was one ofthe first counties in Florida to adopt impact fees. In 1986 the County adopted road impact fees while park & recreation, public building, law enforcement, fire protection, public libraries and public education impact fees followed later. These impact fees all followed what has become known as the needs or fonnula driven approach. This approach begins with the specification of a quantities level of service, such as 7,500 vehicles per lane-mile per day. The generalized cost of providing a unit of facility improvement, such as a lane-mile or road or an acre of park land, is used to project the cost of maintaining an adopted level of service. The alternative to the needs driven method is the improvements method. This method allocates shares of specified capital between existing and new development and then among the various compo- nents of new development. The advantage ofthe improvements method is that there is a inventory of improvements that are needed and a specific funding program, including impact fees, can be designed to implement that set of improvements. 5t Lucie County has expressed a desire to move from the general needs approach to impact fees to the more specific improvements approach. A set of improvements driven impact fees are developed herein. 8t Lucie County has implemented a system of countywide development impact fees. These fees are; · Roads, Parks and recreation, Public buildings, Láw enforcement (sheriff), Fire protection and EMS, Public libraries, and Public education. · · · · · · 2 '-' ..., The existing impact fees are shown in Table II-I. TABLE 11-1 EXISTING IMPACT FEES ST LUCIE COUNTY 2005 Roads Schools Parks Library Public Buildinns RESIDENTIAL/UNIT: Sinnle Familv $2 059 $4 956 ~456 ~182 ~347 Mobil Home/RV Unit {Park Onlv\ ~1 029 $1 430 $299 $163 $227 Multi-familv 1/2 firs $1 500 $2 536 $406 $118 $310 Multi-familv 3+ firs ~784 $2 536 $406 $118 $310 Hotel/Motel - ner room $1 950 $0 ~293 ~O ~224 Bed & Breakfast IGuest Rooms' ~947 $0 $293 $0 $224 Other Residential $1500 $4 956 $468 $182 ~347 OFFICE AND FINANCIAL PER 1 000 FT2' General Office I $1259 $0 $0 $0 ~390 Medical Office $5 633 $0 $0 ~O ~623 RETAIL PER 1 000 FT2: Retail- under 100 000 sf $2 673 $Q $0 ~O $438 Retail - 100 000 - 499 999 sf ~2 532 $0 $0 $Q $504 Retail - 500 000 + sf $2477 $0 $0 $0 ~367 GASOLINE SERVICES IPER SERVICI: POSITION' Gasoline Pumns ~7 076 I $0 I $0 $0 $63 INDUSTRIAL PER 1 000 FT2: Warehouse ~414 $0 $0 $0 $55 Truck Terminal ~835 $0 $0 ~O $111 General Industrial ~461 $0 $0 $0 $89 INSTITUTlnNAL PER 1 000 FT2: School - Elem. $1 136 $0 $0 $0 $499 School - Middle/Hinh School ~1 125 $0 $0 $0 ~2 206 Dav Care Center ~3 740 $0 ~O ~O $268 Fraternal Ora_ ~860 $0 $0 ~O ~O Hosnital $1583 $0 $0 ~O $416 Nursino Home ~352 $0 . $0 $0 ~449 Librarv $2 548 $0 ~O ~O $628 RECREATION {as snecified\ Park ICitv/Countv/State\ - {ner acre\ $214 $0 ~O ~O ~63 Recreation Facilitv (ner 1 000 sf) ~292 $0 $0 $0 $79 Golf Course loer Acre) $475 $0 $0 ~O ~162 Movie Theatres {ner Seat\ $41 $0 $0 $0 $71 This program was designed to assess a portion of the cost of infrastructure on the development creating the 3 '-' ...; need for infrastructure improvements. The roads, park & recreation, public building and law enforcement impact fee receipts are shared between the county and the City of Port 8t Lucie. The sharing is: FEE DISTRIBUTION IMPACT FEE SCHOOL FIRE Admin SLC PSL DISTRICT DISTRICT Law Enforcement 4% 77% 19% Educational Facilities 4% 96% Road 4% 38% 58% . Public Buildinas 4% 81% 15% Parks & Recreation 4% 29% 67% Librarv 4% 96% Fire/EMS 4% 96% TABLE 11-2 DISTRIBUTION OF IMPACT FEE RECEIPTS B. County Population Growth. In order to develop equitable impact fees it is first necessary to identify demographic parameters for the county. Table II-2 sets out the historic and projected growth of St Lucie County and of the city ofPort St Lucie. Figure 1 graphically shows these data. The growth of the City ofPort St Lucie TABLE 11-2 HISTORIC AND PROJECTED GROWTH ST LUCIE COUNTY AND PORT ST LUCIE 1980 - 2010 St Lucie Countv Port St Lucie PODulation Dwellinas PODulation Dwellinns 1980 87 182 40915 14690 6359 1981 93 705 18 789 1982 99 705 22 887 1983 104673 25314 1984 109 833 27 999 1985 114738 30 968 1986 119 960 34 252 1987 126 105 37 885 1988 132 416 43 873 1989 139 655 49 860 1990 150 171 73 843 55 866 24 241 1991 155 368 59 702 4 '-" 'WI TABLE 11-2 HISTORIC AND PROJECTED GROWTH ST LUCIE COUNTY AND PORT ST LUCIE 1980 - 2010 St Lucie Countv Port St Lucie PODulation Dwellinns ponulation Dwellinns 1992 159 302 62813 1993 163831 . 65 722 1994 167 833 68 223 1995 172 212 71 776 1996 176272 74894 1997 180 338 77 985 1998 184 242 80 484 1999 188 327 83 254 2000 192 695 91 262 88 769 36 785 2001 198211 93874 92 493 38 328 2002 205 340 97251 96 430 39 960 2003 211 898 100 357 1 03 072 42712 2004 226 216 107 138 115 155 47719 2005* 235716 111 637 122 655 50 827 2006* 245216 116 136 130 155 53 935 2007* 254716 120 636 137 655 57 043 2008* 264216 125 135 145155 60 151 2009* 273716 129 634 152 655 63 259 2010* 283216 134134 160 155 66 367 * Projected SOURCES: Bureau of the Census, WWW ŒnSIIS gov, Florida Statistical Abstract, various years, St Lucie County, February 2005, and Fishkind & Associates and City of Port St Lucie, September 2005.. has been very significant in the growth of the county. In 1980 Port 8t Lucie constituted 17% of total county population. By 2000 this percentage had risen to 46%. Between 1980 and 2005 77% of total county population growth occurred within the City of Port 8t Lucie. It follows that 77% of the demand for countywide infrastructure improvements has been tTom the City of Port 8t Lucie. It is anticipated that the percentage of total county growth from Port 8t Lucie will remain at approximately 80%. 5 ~ ...,/ c. Employment Growth Population growth by in-migration has been the dominant factor within St Lucie County for the recent past and is projected to continue that dominance in the foreseeable future. Population growth stimulates employment first in demand for homes and then in demand for supporting services. As demand and the labor force reach threshold size, industrial activities will begin to occur both as import substitution and as export activities. TABLE 11-4 EMPLOYMENT ST LUCIE COUNTY 1998 - 2010 EMPLOYMENT Growth New Participation Jobs Rate 1998 49 286 26.75% 1999 49 274 -0.02% -12 26.16% 2000 51 134 3.77% 1860 26.54% 2001 51 961 1.62% 827 26.21% 2002 54971 5_79% 3010 26.77% 2003 58 117 5.72% 3146 27.43% 2004 63 765 9.72% 5648 28.19% 2005 · 66 000 3-51% 2235 28.00% 2006 · 68 660 4.03% 2660 28.00% 2007 · 71 320 3.87% 2660 28.00% 2008 · 73 980 3.73% 2660 28.00% 2009 · 76 640 3_60% 2660 28.00% 2010 · 79 300 3.47% 2660 28.00% . Projected SOURCE: US Department of Labor, Table II-4 shows the growth in employment by industry. The largest number of new jobs is projected to be in health care with 4,698. This is closely followed by construction with 4,521. The greatest rate of growth is for wholesale trade at 1] .8% per year. Total employment is projected to grow at 4% per year. The projected growth of population is 3.6%, indicating that the St Lucie County economy is evolving, most likely by import substitution. The data would suggest that distributional functions (warehousing) will increasing be performed within the county. This would also appear to be the case for financial, administrative and managerial services. 6 \..t ....; TABLE 11-5 GROWTH OF EMPLOYMENT BY INDUSTRY ST LUCIE COUNTY 199B -2010 INDUSTRY NEW RATE OF JOBS GROWTH Anriculture forestrv fishinn and huntino. (2030\ -4.0% Minino. (7\ -2.5% Construction 4521 8_2% Manufacturino. 926 2.7% Wholesale trade 4295 11.8% Retail trade 2628 2.5% Tr~n.nortation and warehousinn 78 1.9% Information (264) -2.5% Finance and insurance 1799 6.3% Real estate and rental and leas inn 538 4.8% Professional and technical services 699 3_0% Management of companies & enternrises 4 0.3% Administrative and waste services 3210 9_6% Educational services 288 7.8% Health care and social assistance 4698 4.8% Arts entertainment and recreation 189 2.9% Accommodation and food services 2360 4.0% Other services excent nublic admin. 242 1.2% Unclassified 0 0.0% Other 873 5.7% Federal 387 5.0% State 539 2.9% Local 4039 3_7% Total all industries 30014 4.0% While employment data are themselves interesting, they are included herein in order to project the demand for non-residential development. 7 '-' ....; D. Land Development Table 11-6 shows the projected demand for non-residential floor space by general land use type. This demand is projected using the ratio of employees per 1,000 square feet of floor area calculated by allocating 2002 to 2004 employees to the number of square feet of heated floor area by type of building as contained in the records ofthe St Lucie County Property Appraiser. The ratios calculated for St Lucie County are: LAND USE TYPE Commercial/Retail Office Hotel/Motel Industrial Institutional FT' PER EMPLOYEE 653.60 291.58 861.84 1,107.42 868.24 TABLE 11-6 DEMAND FOR NON-RESIDENTIAL SPACE ST LUCIE COUNTY 2005 - 2010 Retail Office Hotel/ Industrial Institu- Total Motel tional 2005 9 252 664 3 652 995 1 598 392 12654834 13048975 40 207 860 2006 9 549 467 3 829 885 1 658 871 13169432 13575327 41 782981 2007 9 846 269 4 006 775 1 719 350 13684029 14101678 43358101 2008 10143071 4183665 1 779 829 14198627 14628030 44 933 222 2009 10439873 4 360 555 1 840 308 14713225 15154381 46 508 342 2010 10736676 4 537 445 1 900 787 15227823 15 680 733 48 083 463 Chang e 1 484011 884 450 302 394 2 572 989 2 631 758 7 875 602 In addition to accommodating 22,~96 new residences, St Lucie County will need to accommodate 7,875,602 additional square feet of non-residential development. Table II-7 summarizes the magnitude of development projected for the county: 8 '-" .."., Countv Port St Lucie Ponulation 47500 37 500 Dwellinns 22 496 15 540 Non-Residential: Retail 1 484 011 1 098 342 Office 884450 654 596 Hotel/Motel 302 394 223 807 Industrial 2 572 989 1904313 Institutional 2631 758 1 947809 Total 7875 602 5 828 868 TABLE 11-7 PROJECTED DEVELOPMENT ST LUCIE COUNTY 2005 - 2010 NOTE: It is not possible to project the precise location of non- residential development. The projections shown in Table II-7 indicate that approximately 80% of all county growth will occur either within or proximate to the City of Port St Lucie. While the growth within the City will stimulate substantial non-residential development, it is not possible to project the exact location within city limits. However, that non-residential development will be the result of Port St Lucie growth and will be proximate to if not within city limits. 9 '-' ...",,¡ II. Roads The need for road improvements is om ofthe most important and most expensive facing a growing community. St Lucie County has prepared a Capital Improvement Program (CIP) showing the roads that will need improvement in order to accommodate the anticipated growth. This program is summa- rized in Table III-I. The expansion projects are identified by geographic zone, ] through 4. Zones 3 and 4 are the Port St Lucie area. CaDacitv Enhancements - 2006-10 ZONE PSL ROC TOTAL US 1 & Indrio Intersection 1 '1:0 $374126 $374 126 Total Lennard Rd Proiect Lennard Rd Ph IIPsl Blvd - Walton Rd) 4 '1:0 $0 $0 Lennard Rd Ph Ii (Walton Rd-Us 1) 4 $9 675 635 $6 450 424 $16126059 Lennard Rd Iii Rinht Of Wav 4 $1 849290 $1 232861 $3082151 Lennard Rd Msbu Public Share 4 '1:300 000 $200 000 $500 000 Lennard Road Widenina Row 4 $300 000 $200 000 $500 000 South Jenkins Road Construction 3 '1:119985 $79991 $199976 Glades & Selvitz Intersection 3 $510000 $340 000 '1:850 000 Picos Road 1 '1:0 $7 500 $7 500 Citrus Ave Widen inn (Ctrv Gdn-Saear) 4 $0 $50 000 '1:50 000 So 25 St Phase Ii IMidwav-St James) 4 '1:11 431 $7 621 $19 052 Midwav Rd ( U.S 1-25th) 4 $8 020 877 $5347251 $13368128 Edwards Rd & Selvitz Inter 2 $318613 $212408 $531 021 Glades & Midwav Inter 3 't148 000 $98 667 $246 667 Glades & Midwav Int/Walmart (Inel Uti!) 3 $845 252 $563501 $1 408 753 Avenue "0" ImDrovements . 2 '1:0 $0 $0 Midwav Rd & Selvitz Inter 3 $510000 $340 000 '1:850 000 Walton Rd Phase I IV Green To Lennard) 3 $4710000 $3 140000 $7850000 Indrio & Kinns Hwv Study 1 $0 $250 000 '1:250 000 Jenkins IMidwav To Annie' 1 't900 000 $600 000 $1 500000 Jenkins Rd 110 Mile To Edwards) 1 '1:900 000 $600 000 $1 500000 Midwav Rd (South 25th St. -TurnDike) 4 $296 400 $197600 $494 000 West Midwav Row 4 '1:600 000 $400000 $1 000000 West Midwav Desinn Plans 4 $600 000 MOO 000 $1 000000 West Midwav Road Construction 4 '1:6 000 000 $4 000 000 $10000000 Midwav And Weatherbee Intersection 4 $60 000 $40 000 $100000 Indrio Road Widenina Desinn Plans 1 'to $1 500000 $1 500000 Indrio Road Wideninn Construction 1 $0 $5 000 000 $5 000 000 Indrio Road Widen inn R/W Acnuisition 1 'to $1 000000 $1 000000 Kinas Hwv & Annie Road Study 1 $0 $1 000000 $1 000000 TABLE 111-1 ROAD CAPACITY IMPROVEMENTS 2006 - 2010 10 '-' "wi TABLE 111-1 ROAD CAPACITY IMPROVEMENTS 2006 - 2010 ZONE PSL 1 1 ROC 1 500 000 1 500 000 36631 950 TOTAL 1 500 000 1 500 000 73 307 433 SOURCE: St Lucie County, 2005 Adopted Capital Improvement Plan. TABLE 111-2 CAPACITY IMPROVEMENT COST AND REVENUES BY AREA PCL ROC Total Count 69.08% 30.92% 100.0% 0_00% 49.97% 50_0% 50.03% 0.00% 50_0% 36675483 36631 950 73 307 433 22 243 776 22217374 44461 150 58919259 58 849 324 117 768 583 Levels 11 \w' ..." Table III-3 summarizes net capacity improvement costs by area and per Vehicular Mile of Travel added during 2006 to 2010. TABLE 111·3 ROAD IMPROVEMENTS COST PER VMT Net Ca acit New VMT Per VMT Fee er VMT ROC 36631 950 196 607 186.32 Total 73 307 433 658 467 111.33 87_77 Table III-4 uses the calculated net capacity improvement cost to recalculate road impact costs on a per unit basis. This calculation is for a single mainland-wide fee that does not vary by district or service area_ The island areas would still have separate fee schedules (not shown) based on the unique travel characteristics of those areas. TABLE 111-4 IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY LAND USE TYPE (UNIT) TRIP TRIP %NEW VMT Exist- Recalcu- . RATE LENGTH TRIPS ing Fee lation Sinnle Familv 9_20 5_10 100.0% 23.46 $2 059 ~2 612 Mobile Home/Rec. Vehicle 4_60 5.10 100_0% 11.73 $1029 $1 306 Multi-Familv 1 & 2 Storv 6.70 5_10 100_0% 17.09 $1500 ~1 902 Multi-Familv 3 + Stories 3_50 5.10 100.0% 8_93 $784 $994 Hotel/Motel - Room 10.10 4.40 100.0% 22.22 $1 950 $2474 Bed & Breakfast - Room 4_90 4.40 100_0% 10.78 $947 $1 200 All Other Residential 6.70 5.10 100_0% 17.09 $1500 $1 902 OFFICE & FINANCIAL PER 1 000 FT2: Other Office 12.20 4_70 50.0% I 14.34 I $1 259 $1 596 Medical Office 54_60 4_70 50.0% I 64.16 I $5633 ~7 142 RETAil PER 1000 FT2: Under 100 000 FT2 61-50 3.30 30.0% 30.44 $2 673 ~3 389 100 000-399 999 FT2 37_95 3.80 40.0% 28.84 $2 532 $3 211 . 400 000 & Over 26.25 4_30 50_0% 28.22 $2477 ~3 142 GASOLINE SERVICES: Service Station Per Position 168_56 2.55 37.5%1 80.59 $7076 $8 972 INDUSTRIAL PER 1 000 FT2: Warehouse 2.44 5.10 75.0% 4.67 $414 $520 Truck Terminal 4.93 5.10 75.0% 9.42 $835 ~1 049 General Industrial 2.72 5.10 75.0% 5.19 $461 ~578 INSTITUTIONAL: School - Elem_ Per 1 000 FT2 12_03 4.30 50.0% 12.93 $1136 $1 440 School - Middle/Hioh Per 1 000 FT2 11.92 4.30 50.0% 12.81 "1125 $1 427 Dav Care Per 1 000 FT2 79.26 4_30 25_0% 42.60 $3740 M 743 12 '-' ....,¡ TABLE 111-4 IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY LAND USE TYPE (UNIT) TRIP TRIP % NEW VMT Exist· Recalcu- RATE LENGTH TRIPS ing Fee lation Fraternal Ora_ Per 1 000 FT2 9_11 4.30 50.0% 9.79 !l;860 $1 090 HosDital Per 1 000 FT2 16.78 4.30 50.0% 18.04 $1 583 '1;2008 Nursina Home Per 1 000 FT2 3-72 4_30 50_0% 4.00 !l;352 !t445 Librarv Per 1 000 FT2 54_00 4_30 25.0% 29.03 !l;2548 $3231 RECREATIONAL: Park (PublicI Per Acre 2.28 4.30 50.0% 2A5 $214 $273 Recreation Facilitv lall\ Per 1 000 FT2 3_10 4.30 50.0% 3.33 !l:292 !t371 Golf Course Per Acre 5_04 4.30 50_0% 5A2 $475 !t603 13 '-' ...., III. Public Buildings Table IV -1 shows the capacity enhancements to countywide public buildings. TABLE IV-1 PUBLIC BUILDING CAPACITY IMPROVEMENTS 2006 - 2010 CAPACITY IMPROVEMENTS Inmate Workfarm Debt Service - Jail Public Defender's Office Ex ansion Debt Service - Clerk of the Courts Buildin Emer enc 0 erations Center' 911 Communications Center Buildin TOTAL IMPACT FEE REVENUE NET SOURCE: St Lucie County, 2005 and 2006 Capital Improvement Plans. A substantial portion (54%) of the public building costs are debt service on long-term debt incurred for the jail and the Clerk of the Courts building. The total debt outstanding for these two facilities is $40 million, amortized over 28 years. The disaggregation of improvement cost is done on the basis of total dwelling units to be built in the county and within Port St Lucie. A public buildings improvements impact fee is shown in Table IV-2. This fee is calculated to equal the existing fee levels at $330 per capita. A revised calculation necessary to fully fund the deficit shown in Table IV -1. 14 '-' 'WI TABLE IV-2 PUBLIC BUILDINGS IMPROVEMENT IMPACT FEE ST LUCIE COUNTY Existing Revised LAND USE TYPE (UNIT) Calcula- % Change Fee tion Sino Ie Familv !l;347 $783 125.7% Mobile Home/Rec_ Vehicle $227 $512 125.7% Multi-Familv 3 + Stories !l;310 $700 125.7% Multi-Familv 1 & 2 StorY !l;310 $700 125.7% Hotel/Motel - Room $224 $506 125.7% Bed & Breakfast - Room !l;224 $506 125.7% All Other Residential $347 $783 125.7% OFFICE AND FINANCIAL PER 1 000 FT2: Other Office S:390 $880 125.7% Medical Office !l;623 $1 406 125.7% INDUSTRIAL PER 1 000 FT2: Warehouse !l;55 $124 125.7% Truck Terminal $111 $251 125.7% General Industrial $89 $201 125.7% GASOLINE SERVICES: Service Station Per Position $63 $142 125.7% RECREATIONAL: Park (Public) Per Acre $63 $142 125.7% Recreation Facilitv (all' Per 1 000 FT2 !l;79 $178 125.7% Golf Course Per Acre $162 $366 125.7% Movie Theatre !l;71 . $160 125.7% INSTITUTIONAL: School - Elem. Per 1 000 FT2 $499 $1 126 125_7% School- Middle/Hinh Per 1 000 FT2 $2 206 $4 979 125.7% Dav Care Per 1 000 FT2 $268 $605 125.7% Fraternal Orn. Per 1 000 FT2 . $0 $0 0.0% Hosnital Per 1 000 FT2 $416 $939 125.7% Nursino Home Per 1 000 FT2 $448 $1 011 125.7% Librarv Per 1 000 FT2 $628 $1417 125.7% RETAIL PER 1000 FT2: Under 100 000 FT2 $438 $989 125.7% 1 00 000-399 999 FT2 '1:504 $1 137 125.7% 400 000 & Over $367 $828 125.7% 15 '-' .....1 IV. Parks & Recreation Table V-I shows the park & recreational improvements program from 2006 to 2010. Many of the proposed improvements are repairs and replacements and such expenditures are not eligible impact expenditures. Items shown in the Impact Fee column are those that are eligible impact fee improvements. Those in the PSL column are those that serve the City of Port St Lucie and those in the ROC column serve the rest of the county. PARK IMPROVEMENT I Total ImDact Fee PSL ROC Lakewood P"rk: . Community Ctr/Park Develooment $200 000 $200 000 $0 $200 000 I Communitv Ctr/Park Dev/PI"vnround $550 000 '1:550 000 $0 $550 000 Lawnwood Sports Complex: Concession/Restroom Construc- tion/pool construction and gym $1 356150 $1 356150 $0 $1 356150 Construction Pool/Gvmnasium 1t1 450000 $1 450000 $0 $1 450 000 Resuñace tennis courts/sun shades $20 000 $0 $0 $0 Dollman Park: Restroomlturn and decellanes 1t300 000 '1:300 000 $0 $300 000 Oceanside Restroom and North/South Parking lots '1:1 550000 '1:1 550000 $1 317 500 $232 500 Phase I - Parking, drainage and landscaping, Phase II - Restroom, $1 150000 '1:1 150000 '1:977 500 1t172500 trail develonment Onen Sna"e ponl: Reconstruction/renovation '1:0 '1:0 $0 $0 Pool Renovation/Basketball Court Cover '!:.i00 000 '1:0 $0 $0 Basketball Court Covers $150000 $0 $0 $0 White City: I BoardwalklBridne $56182 $56 182 $28 091 $28 091 Park Imorovements 1t125 000 1t125 000 $62 500 $62 500 Wal1nn Rocks: Restroom Renovations $30 000 '1:0 $0 $0 Remodel kitchen/water filtration sys_ '1:25 000 '1:0 1t0 $0 Restroom renovation/roadway paving '1:525 000 $0 $0 $0 Paradise Park Pools: TABLE V-1 PARK & RECREATION IMPROVEMENT PROGRAM ST LUCIE COUNTY 16 '-' ...I P"'RK IMPROVEMENT Tntal Im...act Fee PSL ROC Renovation/Reconstru ction '1:350 000 'i'.0 '1:0 $0 Renaint suriace $8 000 $0 $0 $0 Ravenswood Pool: Sol ash Park/Bldn_ Construction '1:.414000 '1:414000 !t.393 300 !l;20 700 Splash ParklBldg_ Construction and '1:700 000 '1:700 000 !l;665 000 Shuffleboard Court '1:35 000 Pool Renovations $0 !t.0 $0 !l;0 Pe......er Park New Restroom Construction !t.285 575 $285575 '1:0 '1:285 575 Elks Park Restroom/Concession 'i'.485 "75 $485 575 $0 'i'.485575 Restroom/Concession $708 878 !t.708878 $0 $708878 Count" Ø~rkc IrriDation to various Darks 'i'.485 575 $485 575 'i'.0 'i'.485 575 Savanna Camp Grounds: Replace Group Camping Area, Dredging canals and installing $550,000 $0 $0 $0 drainane svstem Maintenance Shed Renovations '1:86 700 'i'.0 $0 $0 Electronic Date control (front Date) !l;6420 '1:3210 '1:0 '1:3210 Fairgrounds: Improvements· dump station /water filtration system/campsites 'i'.421 000 $210500 $147350 'i'.63 150 Offices (North and South) Concession/Restroom $1 300000 $650 000 $455 000 $195 000 Equestrian Roofed Area & stalls $1160000 !l;696 000 $487 200 !l;208 800 Completion of campgrounds. showers. restroom_ Irrigation, paving East and West Parking lot, walkway/sidewalks '1:1 893678 $946 839 $662 787 '1:284 052 Harbour Poinle Pavilion and landscaninD !l;115443 !l;57 722 '1:0 !l;57 722 South Causewav' Desinn/Ennineerinn/Parkinn !t.739 790 '1:739 790 '1:0 '1:739 790 Landscanina and sidewalks $150000 $75000 $22 500 $52 500 Lincoln Park: Con structionlRenovations $50 000 $0 $0 !l;0 Bldo renov~tion/desinn/construct nvm '1:1 556000 '1:0 '1:0 $0 lIIous Ellis: Construction Pop Warner Press $257 665 $128833 $0 $128833 Box/Concession New Restroom Construction !t.145100 'i'.145100 '1:0 !t.145100 River Park Marina Playgrou nd/T rails/Boardwa Iks Restrooms/boat trailer parking and parking lot (Additional Master Plan elements & Grant Fund matches) '1:550 000 $550 000 $440 000 $110000 TABLE V-1 PARK & RECREATION IMPROVEMENT PROGRAM ST LUCIE COUNTY 17 '-" ...I PARK IMPROVEMENT Total Impact Fee PSL ROC Wav<>lann Park Renovate bldns !t200 000 ~O ~O $0 10 Mile Cre"klDon West Develooment $150000 $150000 !t97 500 !t52 500 South County Stadium: Permanent Bleachers/Press Box/PA SystemNisitors Bathroom & Concession/(2) Ticket booths !t1 600000 ~1 280000 ~1 216000 '1:64000 Debt Service '1:144250 !t144 250 !t137 038 !t7213 Rnvs and Girls Cluh Shared develonment !!:S50 000 '1:550 000 '1:522 500 '1:27 500 Frederick Douglas Roadway Improvements & Dune crossovers !t360 000 !t360 000 '1:252 000 ~108 000 John Brooks: Roadwav Imorovements ~300 000 ~150 000 ~105 000 !t45 000 Road Millinns $30 000 !to I !to 5:0 Fort Pierce Commun itv Center: Plavoround Eauioment !t18825 !t18825 5:0 5:18825 Desinnlbuild larne screen room '1:10000 '1:10000 $0 !t10 000 DesianlAddition !t50 000 5:50 000 5:0 !t50 000 "ivic Center: Staae Curtain !t90 000 ~O $0 !to Linhtinn ~30 000 5:0 $Q !to Maravilla P~rk Construct full-size basketball court 5:14126 ~14 126 $0 '1:14126 Future Land P"rchase Land ourchase '1:1 238500 !t1 238500 !to !t1 238500 R"creation Divisian Office Sionane !t3000 ~750 $0 ~750 Misc Parks/Ballfields Re-Iamn $0 !to 5:0 5:0 Continnen"v !t116125 '1:77 804 $0 !t77804 TOTALS !t25 211 557 !t18064183 5:7 988 766 ~10 075 417 TABLE V-1 PARK & RECREATION IMPROVEMENT PROGRAM ST LUCIE COUNTY The items shown in Table V-I are summarized in Table V-2 and impact fee receipts are also shown. It is clear that there is a deficit in the proposed improvement program. Park & TABLE V-2 PARK & RECREATION IMPROVEMENTS SUMMARY recreation improvements projected impact fee receipts are shown in Table V-3. The existing fees 18 '-' ....I will yield, countywide, an estimated $10,178,240. The revised improvements impact fees will yield $18,064,183. TABLE V-3 PARK & RECREATION IMPROVEMENTS IMPACT FEE Existing Fee Revised 19 'W' - ~' ~1(\/page 1 of 1 t¡~ ;A Missy Stiadle - Fwd: Corps of Engineers requesting a meeting From: To: Date: Subject: cc: Liz Martin douga 8/29/2005 10:08 AM Fwd: Corps of Engineers requesting a meeting Missy Stiadle This is just an fyi for you. I spoke to the Army Corps this morning. They want to make a presentation to the BOCC at a commission meeting. Nancy will have to talk to the Col. before she schedules anything and they want to meet individually with each commissioner before the presentation. They are working on the premise of meeting individually with each commissioner the day before the next day morning BOCC meeting. Or, meet individually with each commissioner the day of a night meeting. When dates are firmed up I will let you know as soon as we hear. »> "Regalado, Nanciann E SA]" <Nanciann.E.Regalado@saj02.usace.army.mil> 08/26/05 12:17 PM »> Hello: I left a voice mail for you. I would like to speak with you about the Corps of Engineers, Jax. meeting with Chairman Hutchinson or the entire commission regarding management of Lake Okeechobee and discharges from the lake. Would you mind calling me on my cell phone? The number is 904.334.8954. Thank you very much, Nanciann Nanciann Regalado. Chief Corporafe Communications Office Jacksonville District U.S. Army Corps of Engineers (0) 904.232.3904; 1M) 90034.8954 file:/ /C :\Documents%20and%20Settings\Administrator\Local%20Settings\ Temp\GW} 000... 9/13/2005 - ,/ '-" ..., AGENDA REQUEST ITEM NO. ~ DATE: September 27, 2005 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-369- Project H.O.P.E. BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board adopt the attached Resolution No. 05-369 as drafted. [XJ APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Comm. Coward Absent ouglas Anderson County Administrator COMMISSION ACTION: County Attorney: [}2r Review and Approvals Management & Budget Purchasing: 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.: 05-1604 DATE: September 22, 2005 SUBJECT: Resolution No. 05-369 - Project H.O.P.E. **._*.****......*........**.***....*.***.**..**..*...****......*..*........*** BACKGROUND: On September 4, 2004, St. Lucie County was struck by Hurricane Frances which dramatically affected the lives of thousands of St. Lucie County citizens and neighbors. Project H.O.P.E. (Helping Our People in Emergencies), is a FEMA-funded crises counseling and referral program administered by the Florida Department of Children & Families with the mission of providing emotional support. hope and guidance to communities affected by disasters. Project H.O.P.E. trained hundreds of crisis counselors in affected Florida communities and provided direct counseling and referral services to thousands of citizens in St. Lucie County and the surrounding region through creative partnership. Resolution No. 05-339 has been drafted to express thanks and appreciation for their help during the hurricane recovery period. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolution No. 05-369 as drafted. Respectfully submitted, Daniel S. McIntyre County Attorney DSM/caf Attachment - -- - ....... '...I ; RESOLUTION NO. 05-369 A RESOLUTION EXPRESSING THANKS AND APPRECIATION TO PROJECT H.O.P.E. FOR THEIR HELP DURING THE HURRICANE RECOVERY PERIOD FOR ST. LUCIE COUNTY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida. has made the following determinations: 1. On September 4, 2004, St. Lucie County waS struck by Hurricane Frances, a Category 2 storm with winds in excess of 105 miles per hour. 2. The effects of the disaster dramatically affected the lives of thousands of St. Lucie County citizens and neighbors. 3. Project H.O.P.E., which stands for Helping Our People in Emergencies, is a FEMA-funded crisis counseling and referral program administered by the Florida Department of Children & Families with the mission of providing emotional support, hope and guidance to communities affected by disasters. 4. Project H.O.P.E. trained thousands of crisis counselors in effected Florida communities, providing direct counseling and referral services to thousands of citizens in St. Lucie County and the surrounding region through creative partnerships. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby recognize Project H.O.P.E. as an essential hurricane recovery resource in St. Lucie County. With the help of Project H.O.P.E., and with faith in the resolve of our citizens, St. Lucie County is on the road to recovery. 2. This Board expresses our thanks to all government agencies, community and faith-based organizations and volunteèrs who partnered with Project H.O.P.E. PASSED AND DULY ADOPTED this 27th day of September, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman - -- '-' ...,J APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney '-' ..." X- BOARD OF COUNTY COMMISSIONERS PAULA A. LEWIS COMMISSIONEr. MEMORANDUM DATE: September 22, 2005 TO: Missy Stiadle, Executive Assistant b 11#- . ·d Bar ara Fe ton, ExecutIve Al e FROM: SUBJECT: Resolution Our office received a request from Commissioner Cliff Thaell of Leon County to adopt a resolution on behalf of Project H.O.P.E. expressing our thanks and appreciation for their help during the hurricane recovery period for the State of Florida and St. Lucie County. Attached is a draft copy of the resolution, which has been approved by the Community Services Department. We ask that the resolution be placed on the agenda of the next Board of County Commission meeting. Someone trom Project H.O.P.E. will be present to receive the resolution. Attachment BAFlbaf JOSEPH E_ SMITH, District No.1 . DOUG COWARD, District No_ 2 . PAULA A_ LEWIS, District No..3 . FRANNIE HUTCHINSON, District No.4· CHRIS CRAFT, District No_ 5 County AdminisrraTor - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce. FL 34982-5652 · (772) 462-1406 www.co.st-Iucie.fl_us ~ ,. '--' ..,., ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Project H.O.P.E. Resolution (Draft) WHEREAS, on September 4, 2004, St. Lucie County was struck by Hurricane Frances, a Category 2 storm with winds in excess of 105 miles per hour; and WHEREAS, the effects of the disaster dramatically affected the lives of thousands of St. Lucie County citizens and neighbors, and WHEREAS, Project H.O.P.E., which stands for Helping Our People in Emergencies, is a FEMA funded crisis counseling and referral program administered by the Florida Department of Children & Families with the mission of providing emotional support, hope and guidance to communities affected by disasters; and WHEREAS, Project H.O.P.E. trained hundreds of crisis counselors in affected Florida communities, providing direct counseling and referral services to thousands of citizens in St. Lucie County and the surrounding region through creative partnerships. Now, therefore, be it resolved by the Board of County Commissioners of St. Lucie County, Florida, that PROJECT H.O.P.E. is hereby recognized as an essential hurricane recovery resource in St. Lucie County. With the help of Project H.O.P.E., and with faith in the resolve of our citizens, St. Lucie County is on the road to recovery. We express our thanks to all the government agencies, community and faith-based organizations and volunteers who partnered with Project H.O.P.E. RE: SLC C & D Facil; . FICE Honorable Mention \w' \~ r. . I . tò hel.LÎ-tit w CA.I n >'\ , "'-' o '¡:::;:-"-VlV\1 c- Page 1 of 1 From: To: Date: Subject: Douglas Anderson Missy Woolley 9/9/2005 5:00:33 PM Fwd: RE: SLC C & D Facility - FICE Honorable Mention .~ oLD Missy Stiadle - Fwd: RE: SLC C & D Facility - FICE Honorable Mention Are we going to put this on a Bcc agenda? »> Raymond Wazny 9/9/20057:38 AM »> This is great Leo. >>> Leo Cordeiro 09/09/05 7:32 AM »> FYI »> "Munksgaard, Donald" <MunksgaardDG@CDM.com> 9/8/20054:57 PM »> SLC Team - congratulations on this achievement. We should be very proud of this accomplishment of recognition in engineering excellence by our peer group_ Well done_ From: Grotke, Eric Sent: Monday, August 29,20053:41 PM To: Kirkpatrick, Louise; Vann, Kevin; Maples, William; LSmlthPE@aoLcom; Braceland, Deborah; Leo Cordeiro Cc: Makled, Alex; Munksgaard, Donald; Adams, E. Lawrence; Lewis, Martin; Grimaldi, Jill; Pugsley, Jason; Kiser, Sandra Subject: SLC C & D Facility - FICE Honorable Mention We received notice that the above referenced project was the recipient of the Honorable Mention Award in the Environmental Category of the Engineering Excellence Awards from the Florida Institute of Consulting Engineers. (see attached letter). Congratulations to the entire project team for an excellent project and preparation of a winning submittal package_ This award compliments the previous Honorable Mention Award for the Baling and Recycling Facility in 2002 for St. Lucie County. Thanks to all for their hard work! Eric J. Grotke, P.E., DEE Principal Engineer CDM 1701 State Road A-1-A, Suite 301 Vero Beach, Florida 32963 (772)231-4301 (772)231-4332 fax grotkeej@cdm.com « File: FICE 2005_HonorableMentionLetter1.pdf» file:/ /C: \Documents %20and%20S ettings\Administrator\Local %20Settings \ Temp \G W} 000... 9/12/2005 RE: SLC C & D Facili FICE Honorable Mention '-' ...., Page 1 of 1 Missy Stiadle - Fwd: RE: SLC C & D Facility - FICE Honorable Mention From: To: Date: Subject: Douglas Anderson Missy Woolley 9/9/2005 5:00:33 PM Fwd: RE: SLC C & D Facility - FlCE Honorable Mention Are we going to put this on a Bee agenda? »> Raymond Wazny 9/9/20057:38 AM »> This is great Leo. »> Leo Cordeiro 09/09/05 7:32 AM »> FYI »> "Munksgaard, Donald" <MunksgaardDG@CDM.com> 9/8/20054:57 PM »> SLC Team - congratulations on this achievement. We should be very proud of this accomplishment of recognition in engineering excellence by our peer group. Well done. From: Grotke, Eric Sent: Monday, August 29,20053:41 PM To: Kirkpatrick, Louise; Vann, Kevin; Maples, William; LSmithPE@aol.com; Braceland, Deborah; Leo Cordeiro Ce: Makled, Alex; Munksgaard, Donald; Adams, E. Lawrence; Lewis, Martin; Grimaldi, Jill; Pugsley, Jason; Kiser, Sandra Subject: SLC C & D Facility - FlCE Honorable Mention We received notice that the above referenced project was the recipient of the Honorable Mention Award in the Environmental Category of the Engineering Excellence Awards from the Florida Institute of Consulting Engineers. (see attached letter). Congratulations to the entire project team for an excellent project and preparation of a winning submittal package. This award compliments the previous Honorable Mention Award for the Baling and Recycling Facility in 2002 for S1. Lucie County. Thanks to all for their hard work! Eric J. Grotke, P.E., DEE Principal Engineer CDM 1701 State Road A-1-A, Suite 301 Vero Beach, Florida 32963 (772 )231-430 1 (772)231-4332 fax grotkeej@cdm.com « File: FICE 2005_HonorableMentionLetter1.pdf » file:/ /C: \Documents%20and%20Settings \Administrator\Local %20Settings \ Temp \G W} 000... 9/20/2005 '-' "wi BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DEPARTMENT October 22, 2004 FICE Engineering Excellence Awards 125 South Gadsden Street Tallahassee, Florida 32301-1525 Attn: Dee Kring Subject: St. Lucie County C&D Processing Facility Dear Selection Committee: Fm the past 3 years, Camp Dresser & McKee lnc (COM) has successfully provided planning, design, permitting, bidding, construction services and start up assistance for the St. Lucie County CÒnstruction and Demolition Debris (C&D) Processing Fi1cility_ This is one of the first municipal facilities of its kind in the United Sti1tes_ The implementation of this project Wi1S critical in order to realize extended landfill capacity at the Glades Cut-off Road Landfill site. This innovative project reflects the commitment of the St. Lucie County Board of County Commissioners and staff to provide cost-effective, environmentally sound solutions to solid waste management issues_ This project exceeded the County's gOi1ls and expectations in the following mml1ler: · The $3_6 million facility will result in extended landfill capacity in excess of twenty years with substantial savings to the County_ · Implementation of the facility eliminates the safety, liability, and aesthetic concerns of waste disposal by residents and commercial haulers at the working face of the landfilL · The large tipping area facilitates expansion of the recycling program and the facility layout compcnsaté's for market variations with only minor modifications. · Mining of the existing landfill cell will allow recovery of potential recyclables previously disposed, further extending bndfill useful life. · Revenues realized from sale of recyclables arc utilized to maintain low municipal disposal fees. The County is fully satisfied with COM's design and construction management aspects of this important project and commends the team for their efforts; we look forward to continuing an excellent working relationship with COM on upcoming projects_ Solid Waste Manager, St. Lucie County JCf~:'>.,! I) ßR:~,I--¡Ì'J ':::;:$t"lct f\!ü. DOl_.'(~ (OWA'KD, DIS"Tict '10 2 PAULA 1\ l':.WT5, Dis'ncl 1'10 3 . FRA,r-..¡r··JI':: HUTCi-Hi'bCN, D:~;trlct ì'Ja t1 . CLIn BAk'\lt~ S DI',tl"IC r-.b 'j Cour:tv Admir'15trn·or . ÌJ(j,¡g[œ:i M. A,,;i¡,TS"(;~, 2300 Virginia Avenue . Ft. Pierce, FL 34982 Public Works: (772) 462-1485 . FAX (772) 462-2362 Division of Engineering: (772) 462-1707 Fax 462-2362 . Division of Rood & Bridqe (772) 462 251l FAX 462- 2363 Division of Solid Waste: (772) 462-1768 FAX 462-6987 D,vIs,on of Building ,1 Inspections (772) 462-1553 Fax 462-1735 . TDD (772) 462 1428 www.cast-lllc1e.f!.us '-" ....,J Category E: Environmental , Executive Summary St. Lucie County owns and operates the Glades Cut-Off Road Landfill site with an approximate landfill life of 20 years utilizing conventional operating procedures. PROBLEM: There is limited area available at the existing landfill site, C&D landfill capacity is rapidly decreasing, the County is facing unprecedented growth (2nd nationwide), and procurement of property for a future site is difficult. SOLUTION: St. Lucie County C&D Processing Facility - this is one of the first municipal facilities of its kind in the United States using state-of-the-art equipment. Critical features of the overall facility consist of feed conveyors, air separators, star screens, magnets, and grinders. The sophisticated processing system is powered primarily by electricity; however, a diesel fuel emergency generator was incorporated providing a backup in the event of power failure and/ or catastrophic events (hurricanes, tornadoes, etc). BENEFITS: The benefits include: extended landfill capacity, increased recycling efforts for additional cost savings, future mining of the existing landfill, isolated drop off area away from the landfill working face and economical solid waste disposal method. Implementation of a mechanical and manual recycling facility will allow additional cost savings to the County through an expanded recycling program, generation of new jobs associated with manual sorting activities, and acquisition of future landfill property delayed in excess of 40 years as a result of successful implementation of the facility. ..,., St. Lucie County Construction & Demolition Debris (C&D) Processing Facility Category E: Environmental Executive Summary St. Lucie County owns and operates the Glades Cut-Off Road Landfill site with an approximate landfill life of 20 years utilizing conventional operating procedures. PROBLEM: There is limited area available at the existing landfill site, C&D landfill capacity is rapidly decreasing, the County is facing unprecedented growth (2nd nationwide), and procurement of property for a future site is difficult. SOLUTION: St. Lucie County C&D Processing Facility - this is one of the first municipal facilities of its kind in the United States using state-of-the-art equipment. Critical features of the overall facility consist of feed conveyors, air separators, star screens, magnets, and grinders. The sophisticated processing system is powered primarily by electricity; however, a diesel fuel emergency generator was incorporated providing a backup in the event of power failure and/ or catastrophic events (hurricanes, tornadoes, etc). BENEFITS: The benefits include: extended landfill capacity, increased recycling efforts for additional cost savings, future mining of the existing landfill, isolated drop off area away from the landfill working face and economical solid waste disposal method. Implementation of a mechanical and manual recycling facility will allow additional cost savings to the County through an expanded recycling program, generation of new jobs associated with manual sorting activities, and acquisition of future landfill property delayed in excess of 40 years as a result of successful implementation of the facility. I j ~ "-' Ii Firm. project, and diem/owner's name should he typell or printed as they arc co appear on the award. Please limit the project name to 25 characrcrs. Complcte this form and return to FICE bcf()t'(: October 22, 2004. Electrouic version of this form can he found at: www.Hcng.org. Lucie Cty. Processing Fac. j 'foF'_1 :-"-~ì r:;t Judge this Entry in the Following Category (check oue): o A. Studies, Research, and Consulting Engineering Services o B. Buildingrlcchnology Services o C. Struclllral Systems o D. S\IIveying/M;ll'ping'lechnolog)' IX) E. Environmental o F. Water and Wastewater DC;. Water Reso\llccs o H. Transportation o l. Speciall'rojecrs Permission to Use Artwork (dteek one): We 6(Jdo 01' 0 do nnr allow FlCE to use the submitted m;uerìals f(H promotiou;11 and marketiug purposes. ¡III H. Makled, P.E., DEE I II Ii, I ~'í 'I ~: ¡ H ¡'I 1701 Highway A-I-A, Suite 300 i\dt \t~-:;:, (¡ ·r, ¡ I'l) \ ',I Vera Beach (,III, Florida 32963 (TO) 231-4301 l'lt( II P makledah@cdm.com (772) 'II! 231-4332 St. Lucie ( ~ \ ¡ '. \ [I .' r) i " - I' i:, ,I (currcndy bclicy.r VOl" of.he engineer nu:c(s rhe imcru!l,d uses ami cXptnations Fm lhe pmjc't :U1d herehy gml1t pcrmi~siOl\ to enter dJis projcu in the I;¡CE 200') Engil1l"t'ring Exccl1cncc Aw.\rds I.:om'1ctitiol1, and .Hlthorir.l" publi,atioll of Î[:i o\l("S[:mding feulIfcs, uniqllc aspeers. 01 illllovations. I con/inn th.H the projecf was s\lbstami:1I1y completed ;mcl fcady f()r usc between November t, 2002 .md Ocwhcr 31. 2004. )í t)II' d¡; l"ort Pierce Florida Pr'lj,¡:¡ ¡ '_'(-:I! iC-' 1\, ~,,¡!}' (11 ~d Cnmplc[c rdativc lO the cmram\¡ porrion of tht: proj,,'ct: (budgeted ;u1.dl or :lcntal ço:i[S m;IY not apply EO some smdics ill Categol')' A). COMPWT!ON/USE DATES: Scheduled July 2004 Acrual .July 2004 C\TE(;(>RY A COSTS: Budgered $___ Actual $__ ____ CONSTRUCTION COSTS: Budgcted $ 3,660,000 Actual $ 3,650,000 1'·'lIiIHI1 <II ;'1'1', .'HI:III,1 'III'. il. :"'111"¡ I hereh}' ;mrhori'f,C SIIhmission of this project in rhe.' Horida InstiUllc of (:n!ls\ll(jn~ Fnl;inccrs' 2005 En~jt1t:t:ril1g Ext·dl~I1Ce.· ^wanh t:ompctition, Alex H. Makled, P.E., DEE ';: 'Ii Ii 1, I \,1 ! I' I'.'t ;' III ¡ I J '. 'i ~ I: ~! Senior Vice P~esident ;¿g~,) 1701 Highway A-I-A, suite 300 ;\,lr\ ",', ii'. :'r. ¡'"y.:) Vera Beach Flo~ida 32963 I,j¡\ /!II 11' (772) 231-4301 Ill'Hil!¡¡:: \':1: makledah@cdm.com (772 ) 231-4332 ¡ II )'1 ',111'11 I,' ¡'-.II,' ",,·,1 :1' ,i i',_: (" Leo J. Cordeiro ('li:',I! 'II'! :{', !I[',-:-, '1 ,i'j','-' Solid 1;_1, Waste Nanaqer 6120 Glades Cutoff Road ï:, )'i.) Ih·,) pierce, l"lorida 34981 .'\:1!' FOi~ :~ ¡-.ii', ,i;;!il I,¡ (772) 462-1631 (772) 462-6987 ¡:i ¡ .,,- 1eoc@ca.st-1ucie.fl.us 1-' li1;]¡! "" '--' BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DEPARTMENT October 22, 2004 FlCE Engineering Excellence Awards 125 South Gadsden Street Tallahassee, Florida 32301-1525 Attn: Dee Kring Subject: St. Lucie County C&D Processing Facility Dear Selection Committee: For the past 3 years, Camp Dresser & McKee Inc. (CDM) has successfully provided planning, design, permitting, bidding, construction services and start up assistance for the St. Lucie County Construction and Demolition Debris (C&D) Processing Facility. This is one of the first municipal facilities of its kind in the United States. The implementation of this project was critical in order to realize extended landfill capacity at the Glades Cut-off Road Landfill site. This innovative project reflects the commitment of the St. Lucie County Board of County Commissioners and staff to provide cost-effective, environmentally sound solutions to solid waste management issues. This project exceeded the County's goals and expectations in the following manner: · The $3.6 million facility will result in extended landfill capacity in excess of twenty years with substantial savings to the County. · Implementation of the facility eliminates the safety, liability, and aesthetic concerns of waste disposal by residents and commercial haulers at the working face of the landfill. · The large tipping area facilitates expansion of the recycling program and the facility layout compensates for market variations with only minor modifications. · Mining of the existing landfill cell will allow recovery of potential recyclables previously disposed, further extending landfill useful life. · Revenues realized from sale of recyclables are utilized to maintain low municipal disposal fees. The County is fully satisfied with CDM's design and construction management aspects of this important project and commends the team for their efforts; we look forward to continuing an excellent working relationship with CDM on upcoming projects. Very truly yours, Leo J. Cordeiro Solid Waste Manager, St. Lucie County ,TCHr<J D. BRUHt'-J, District No. ¡ . [)CJUt, COWA'<D, District ~h 2 PAULA ;,_ LEWIS, D:stnd t'Jo. 3 . FRA~J\JIE: f-IUTn-jn~50N, Dis1r'ict J'Jc £1 CU:FF BAPr-JES, :::;'is-f¡';ct I'Jo. 5 Cc<Utltv Adminisi"'l t:Jr' ~ Lìouq!o$ M AndC:'$or 2300 Virginia Avenue . Ft. Pierce, FL 34982 Public Works: (772) 462-1485 . FAX (772) 462-2362 Division of Engineering: (772) 462-1707 Fax 462-2362 . Division of Road & Bridge (772) 462 2511 ['AX 46,'- 2363 Division of Solid Waste: (772) 462-1768 FAX 462-6987 Division of Building & Inspections: (772) 462-1553 Fax 462-1735 . TDD (772) 462-1428 ~ .., L'I ~ ~ ,L \ \ .... .- - .- (.) ';~ co LL I,L \ji C) C Q) c .- .~ U> ..... 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C) c .- Q) f/J'" f/J rn (3) co u:: O'C 10. a..õ ern oðw (.)~ ~o "'0) C Q) ::s... o co (.)0 (3) .- u ::s ..J . .., en "0 Q) "0 ~ (j I: "0 Q) - Q) .:.::: ... co E "0 I: co - ¡¡:: "0 I: co E o ... - "0 Q) t:= Q) .~ "0 .U) E Q) ::: Q) -"0 .a 0 ~ 0 ~3: (.) ~ I ....... co - Q) E U) ~ o ... ... .æ I I: "0 0 ... Q) Z co - Ù) o e (.) ~ .a .(.) +::0 "0 ". ... I: v, ... coo~; OOD..LL I I ( ~ Î, I- J:11 :,~>; ~, ".;t :t, -~/t\ ~~-i"" -i, ._~-"-----;' ~~, ,t.'! :r' U~I~~/~~U~ ~~.~~ (r,,"o I J,.;J......JO .;;¡ru,", I ~""'UI·"-L..~""" ~~~~ ~ ì Tradition Field Sports Compte, (éJ rLJ I' lôý JAX' 772~5.56 Date: q, &) oS TO:~ (~ From: 7 ~ 13~ ' , PHONE: 772-871-5 y,¡,\; ,)~ l~ Fax#: Dept: íJ Number of pages including cover sheet: :;¿ ¡6! J-~~ ~ liLJrM-j) 9h ¿:, :>/' , ,¿.Jt716 - ~ :77>;Þ ~. 4 .__d,-.o ~ ~k- é7:-" ,£ ,7 .<-/ / . ~~Þ...J )/~ ¿?- A ¿;?/"~~ / ¿t..,-é;' ~/~.t7 ¿..fl:-' ~,^"r - , ~") ~CC-- ./.??~6. - /Jr-. _..--.______. _,_ _, .___...._,... ".... .......~_,_............'_ _. .N........_-:-__ .. ~(["';',r:;:?n~~RI l~r,ry'~'i~~J I L . .------ \ CQA[)MIN. OF~ICE ~~f~b/~~~~ ~~:l~ ¡' ¡'Ldll~"~b ::.t"'Ur<I::'l."UI"J:"Lt-^ r-Hl,,;lc:., tJ.::: '-" FLOR~,º_A STATE ~gAGUE OF PROFE$$IONAL BA$EBA1.L. CLUBS. INC_ ...., - , , ....--."..-"'.....,..- CHUCK MURPHY PRE5Ð~/TREA.URER p, 0_ BOX 349 OAYTONA8EACH. FL 3211/5 PHONË: (38151 21\2-7479 FAX: (3a6) 2('i2·74~õ emaillslbaseball@cll,r'_oom August 31, 2005 Mr. Tommy Bowes Sports Turf Manager St. Lucie Mets 525 NW Peacock Blvd. Port St. Lucie, FL 34986 Dear Tommy: Congratulations on wÍIming a 2005 Florida State League Commendation Award for your work as Sports Turf Manager of Tradition Field. This is a tribute to you and your staff for your dedication, hard work and knowledge. We sincerely appreciate your efforts in providing a professional playing surface and playing conditions for our players. Thank you. Sincerely, L~ Chuck Murphy, President FLORIDA STATE LEAGUE of Professional Baseba.ll Clubs, Inc. cc: Paul Taglieri ~WHERE THE MAJOR LE.t.GIJE STARS OF TOMOR~OW .....AY TODAY" Missy Stiadle - Tommy Bowes \,.:d ...", Page 1 From: To: Date: Subject: Missy Stiadle Missy Woolley 9/6/2005 6:42:50 PM Tommy Bowes award August24,2004 2. PROCLAMATIONS/PRESENTATIONS f) o B. The Board wishes to congratulate the Sports Complex Staff who received the 2004 Florida State League Municipality Award, which is given to the best city or county operated Sports Turf Crew in the Florida State League. The Mets, with Sports Turf Manager Tommy Bowes, have received eight Sports Turf Awards since 1990. This is the third time they have won the Municipality Award for their efforts in various aspects of maintaining Tradition Field. \ . 09/23/05 FZABWARR FUND oo~ 001156 00~~65 00~~66 001168 00~292 00~294 00~814 ~o~ ~0~003 ~0~006 ~01106 ~02 ~02001 ~05 ~07 ~07001 ~07002 ~07003 107006 lU 114 116 117 123 127 128 129 129310 136 138 140 140001 140130 140316 160 170 183 183001 183004 185006 216 310002 310003 316 316001 ......, ST. LUCIE COUNTY - BOARD WARRANT LIST #52- 17-SEP-2005 TO 23-SEP-2005 FUND SUMMARY TITLE General Fund FTA USC Seeton 5307 Oper. Assist. CSBG Grant FY05 Section 112/MPO/FHWA/P1anning 05 Urban Mobile Irrigation Lab 04/05 TRIP FDCA/KMPA 2005 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/Local Option Transportation Trust/Impact Fees USDA (NRCS) Emergency Watershed Prt Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund:E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&FFund-Court Related Technology HarmDny Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Blakely Subdivision Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Ewy Industrial Park Lighting Parks MSTU Fund FRDAP Grant-Lawnwood Recreation Com Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Port Fund FAA Instrument Landing System Purchase Fire Pratection Equ. FDOT Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP FY05/06 County Capital I&S Impact Fees-Parks Impact Fees-Public Buildings County Capital Transportation Capital EXPENSES 178,751.97 81. 27 20,926.05 513.31 97.98 28,486.80 1,561. 89 100.38 79,687.59 349,385.42 44,524.11 20,900.00 8,445.99 149,833.85 2,006.46 ~07,851.57 73.10 1,594.14 2,716.91 8,973.82 218.17 477.45 532.28 132.62 811.26 72.21 275.40 348.06 461.41 113,282.72 1,595.00 1,378.16 113.34 11,200.90 100.77 42,115.00 5,452.92 10,246.19 382.27- 413.82 24.13 225.82 174.06 1,202.00 32,301.00 23,875.00 15,193.50 13,961. 74 .",.¡ PAGE PAYROLL 616,272.61 ~O,101.00 1,981. 70 6,850.91- 1,312.01 0.00 0.00 1,312.01 133,712.56 0.00 0.00 0.00 55,533.81 5,612.73 1,636.78 129,504.93 960.54 2,247.36 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 12,761.57 0.00 0.00 0.00 2,995.20 4,997.08 1,171.85 0.00 3,049.23 2,360.99 0.00 0.00 0.00 0.00 0.00 1 · . 09/23/05 FZABWARR FUND 317 382 401 418 421 441 448 449 451 458 461 471 478 479 481 491 505 505001 611 625 665 '-" ST. LUCIE COUNTY - BOARD WARRANT LIST #52- 17-SEP-2005 TO 23-SEP-2005 FUND SUMMARY TITLE County Capital-St Revenue Share Bnd Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Uti1-Renewal & Replacement Fund NHI Util - Capital Facilities 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 Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art in Public Places Trust Fund GRAND TOTAL: EXPENSES 36,500.00 2,371.00 650,859.53 13,711. 04 134.78 503.92 11.38 2,020.80 1,648.45 23,105.92 17,192.19 2,800.57 9.41 2,952.10 33.98 38,717.99 5,820.18 158.05 2,223.92 2,264.69 25,000.00 2,110,355.17 ..., PAGE PAYROLL 0.00 0.00 68,990.52 22,835.60 596.28 4,551.43 150.75 596.50 1,911.96 326.66 11,813.01 4,092.24 126.25 841. 96 454.48 70,392.38 3,338.62 2,079.48 3,877.57 0.00 0.00 1,191,350.56 2 ,,/ '-' ., AGENDA REQUEST ITEM NO.C2A DATE: September 27, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-365 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-366 Extending the State of Emergency for Hurricane Jeanne BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA DON: Staff recommends that the Board approve Resolution No. 05- 365 and Resolution No. 05-366 and authorize the Chairman to sign the Resolutions. [}CI APPROVED [ ] DENIED [ ] OTHER: Dou sAnderson County Administrator COMMISSION ACTION: CE: Approved 4-0 Comm. Coward Absent County Attorney: ~ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eft- 5/96 '-" """" ,- INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1588 DATE: September 21, 2005 SUBJECT: Resolution No. 05-365 Extending the State of Emergency for Hurricane Frances; Resolution No. 05-366 Extending the State of Emergency for Hurricane Jeanne ************************************************************************** BACKGROUND: Attached are the following documents: 1. Draft Resolution No. 05-365 extending the state of emergency for Hurricane Frances until October 8, 2005 at 4:00 p.m. 2. Draft Resolution No. 05-366 extending the state of emergency for Hurricane Jeanne until October 9, 2005 at 7:00 a.m. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-365 and Resolution No. 05-366 as drafted. ReS~~SUbm;tted. Daniel S. McIntyre County Attorney DSM/ caf Attachments '-' ...., < RESOLUTION NO. 05-365 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE FRANCES) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 1, 2004, at 4:00 p.m. due to Hurricane Frances. 3. The effect of Hurricane Frances has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until October 8, 2005 at 4:00 p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective October 1, 2005 at 4:00 p.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft XXX XXX xxx xxx xxx '-" ~ PASSED AND DULY ADOPTED this 27th day of September, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY A TIORNEY "" .."" RESOLUTION NO. 05-366 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE JEANNE) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 24, 2004, at 7:00 a.m. due to Hurricane Jeanne. 3. The effect of Hurricane Jeanne has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until October 9, 2005 at 7:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective October 2, 2005 at 7:00 a.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft XXX XXX XXX XXX XXX ..... .." PASSED AND DULY ADOPTED this 27th day of September, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ..... '-' AGENDA REQUEST ITEM NO.(:J.¡/) Date: September 27, 2005 Regular [ ] Public Hearing [ ] Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Resolution No. 05-371 MSBU Financial Hardship Assistance Program BACKGROUND: See C.A. No. 05-1608 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMEND A nON: Staff recommends correction of scrivener , s error and renumbering of Resolution No. 05-347 MSBU Financial Hardship Assistance Program to Resolution No. 05-371. COMMISSION ACTION: Approved 4-0 Comm. COVJQrd Absent E: IX] APPROVED [] DENIED [ ] OTHER: Dougl s M. Anderson County Administrator County Attorney: .~ j Coordination/Si!!natu res Mgt. & Budget: Purchasing: 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 Sperrazza Lueke, Assistant County Attorney C.A. NO: 05-1608 DA TE: September 27, 2005 SUBJECT: Correction of Scrivener's Error Resolution No. 05-371 MSBU Financial Hardship Assistance Program BACKGROUND: On September 20,2005, the Board approved Resolution No. 05-347, implementing the Financial Hardship Assistance Program established in Ordinance No. 05-032. Subsequent to the approval, a scrivener's error was found in the number of the Resolution. RECOMMENDATION/CONCLUSION: Staffrecommends correcting the scrivener's error and renumbering of Resolution No. 05-347 MSBU Financial Hardship Assistance Program to Resolution No. 05-371. Heather Sperrazza Lue e Assistant County Atto Attachment HL/ Copies to: County Administrator MSBU Coordinator - '-' ...", RESOLUTION NO. 05-371 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ESTABLISHING GUIDELINES AND PROCEDURES FOR THE ADMINISTRATION OF A FINANCIAL HARDSHIP ASSISTANCE PROGRAM FOR THOSE UNINCORPORATED COUNTY RESIDENTS LIVING AT OR BELOW POVERTY LEVEL AND OWNING REAL PROPERTY SUBJECT TO SPECIAL ASSESSMENTS IMPOSED BY THE COUNTY; PROVIDING FOR AN APPLICATION PROCESS; PROVIDING THE CRITERIA UPON WHICH FINANCIAL HARDSHIP ASSISTANCE SHALL BE GRANTED; PROVIDING THAT THE FINANCIAL HARDSHIP ASSISTANCE PROGRAM SHALL BE FUNDED BY LEGALLY AVAILABLE FUNDS AND NOT BY SPECIAL ASSESSMENTS; PROVIDING FOR APPLICABILITY; AND PROVIDING AN EFFECTIVE DA TE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of Chapter 125, Florida Statutes, S1. Lucie County Ordinance No.05-032, and other applicable provisions of law. Section 2. Findings. It is hereby ascertained, detennined and declared that: (A) Chapter 1-13.5 of the S1. Lucie County Code of Ordinances (the "Code") provides for the establishment of municipal service benefit units ("MSBU") in unincorporated areas of S1. Lucie County (the "County") for the purpose of providing water, road, drainage and waste and sewage collection and disposal and other essential facilities and services. (B) Chapter 1-13.5 further provides that the cost of such services may be paid in whole or in part from funds derived from special assessments levied within such units, and that the special assessments may be collected in the manner provided for ad valorem taxes pursuant to Chapter 197, Florida Statutes. (C) Failure by a property owner to pay special assessments collected pursuant to Chapter 197, Florida Statutes, will cause a tax certificate to be issued against the property which may result in a loss of title. (D) The Board of County Commissioners of S1. Lucie County (the "Board") enacted Ordinance No. 05-032 to provide a program of assistance to unincorporated County residents who are living at or below poverty level and who may be at risk oflosing title to their homes as a result of inability to pay the special assessments imposed against their property. (E) Ordinance No. 05-032 provides that the financial hardship assistance program shall be -- -- '-' ...I implemented by resolution. (F) It is necessary and desirable and in the best interests of the County and its inhabitants that the County implement the Financial Hardship Assistance Program as provided herein. Section 3. Financial Hardship Assistance. (A) The financial hardship assistance contemplated herein shall take the form of payment by the County to the established project fund for the special assessment otherwise due from applicant land owner; (B) In order to be eligible for financial hardship assistance hereunder, applicants must first apply for and be denied assistance under the County's State Housing Initiatives Project (S.H.I.P.) program or other alternate funding sources through St. Lucie County Community Services that may be available. (C) Any request for financial hardship assistance shall be filed in the offices of the MSBU Coordinator. (D) The funds shall be awarded on a first come/first served basis, based on a sliding scale of the applicant's gross income. (E) A ward of funds shall cause a lien to be recorded upon said property for the term of the non-ad valorem special assessment. If subject property is sold within this timeframe, the County shall be entitled to a refund from the property owner based upon a prorated amount of the final assessment amount, plus all interest that would have accrued to said date of transfer of property ownership. Section 4. Limitations. (A) The Board, in its sole discretion, shall on an annual basis determine and designate the funds available to fulfill the purpose of this Resolution. The provision of hardship assistance in anyone year shall in no way establish a right or entitlement to such assistance in any subsequent year and the provision of funds in any year may be limited to the extent funds are available and appropriated by the board of county commissioners. (B) County expenditures for funding of the financial hardship assistance program shall consist solely of legally available funds other than those derived from special assessments. (C) Assistance be available in every MSBU. (D) Assistance be available for MSBU assessments only. Section 5. Application Deadline. Any request for financial hardship assistance or an exemption shall be filed in the offices of the MSBU coordinator at 2300 Virginia Avenue, Fort Pierce, Florida, prior to adoption of the Preliminary Assessment Roll. Failure to file such request within the time permitted shall constitute a waiver of such right. Section 6. Right of Applicant to Appeal; Determination of Eligibility. (A) An applicant may appeal the staff determination of ineligibility to an administrative review panel consisting of three (3) county employees appointed by the county administrator. The appeal shall be initiated by letter from the applicant to the county administrator and submitted within fifteen (15) days after issuance of the staff determination of ineligibility. The applicant may submit such additional documentation and evidence in support of the appeal as '-" .....I may not have reasonably been produced prior to the staff determination due to the unavailability of such documentation of the amount of time available for providing such documentation. The administrative review panel may allow the applicant to appear and offer under oath any relevant testimony that may assist the panel in making its determination. The administrative review panel shall promptly notify the applicant of its final determination. (B) Anyone wishing to appeal a determination of the administrative review panel may do so by submitting a written petition to the Board within fifteen (15) days after a notice of the determination from the administrative review panel. The Board may make its determination based upon the review of the initial application and documents, the written petition, and a written response provided by the administrative review panel. The Board, in its sole discretion, may grant the applicant a hearing, and notify the applicant of a time and date on which their appeal will be considered. The date shall be no sooner than seven (7) days after the filing of an appeal. The Board shall not be required to consider any evidence or documents not presented for review by staff or the administrative review panel, but may, in order to fulfill the purposes of this article, request, and receive additional evidence and testimony in order to effectuate the purpose of this article. Section 7. Repeal ofInconsistent Instruments. All resolutions of the County or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8. Effective Date. This resolution shall take effect immediately upon its adoption. [Remainder of page intentionally left blank.] '-' Passed and Adopted this and held. day of ST. LUCIE COUNTY, FLORIDA (SEAL) ATTEST: Clerk of the Board ..", 2005, at a regular meeting duly called By: Chair, Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney " '-' AGENDA REOUEST ...,I ITEM NO. C-2.C Date: September 27,2005 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Airport Industrial Park - Release of Reverter in October 10, 1962 Deed from S1. Lucie County to Ft. Pierce Port and Airport Authority BACKGROUND: See C.A. No. 05-1582 FUNDS A V AIL. (S tate type & No. of transaction or N/A): NIA RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the Release of Reverter for the Airport Industrial Park, and authorize the Chairman to execute the Release. COMMISSION ACTION: ~ !XI APPROVED [] DENIED I r OTHER: Approved 4-0 Comm. Coward AbIent Doug as . Anderson County Administrator County Attorney: t~ Coordi" ation/Sh! "at" res Originating Dept.: -- Mgt. & Budget: ~lorf" ¡J A Purchasing: Pro\'. l\..A. 5Î"d OtHe; :"-'tJ ''''''' Finance (Check for Copy only, if applicable): '-" ....,I - INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 05-1582 DATE: September 21,2005 SUBJECT: Airport Industrial Park - Release of Reverter in October 10, 1962 Deed from St. Lucie County to F1. Pierce Port and Airport Authority BACKGROUND: By a County Deed dated October 10, 1962, 5t. Lucie County conveyed property adjacent to the southeast corner of the S1. Lucie County International Airport to the Ft. Pierce Port and Airport Authority for the creation of the Airport Industrial Park. The deed contains a reverter clause which provides for title to the property to revert to the County in the event the Authority ceases to operate and maintain the airport in accordance with a 1958 airport grant agreement. Pursuant to Chapter 88-515, Laws of Florida, the St. Lucie County Port and Airport Authority, successor to the Ft. Pierce Port and Airport Authority, was abolished and all title and interest in its property were transferred to S1. Lucie County. Space Coast Truss, Inc. is in the process of acquiring Classic Truss Company which is located on four lots in the Airport Industrial Park and has requested a release of the October 10, 1962 deed reverter to proceed to closing on September 30, 2005. Based upon the facts outlined above, the need for the reverter clause no longer exists. Copies of the 1962 County Deed and the proposed Release of Reverter are attached to this memorandum. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the Release of Reverter for the Airport Industrial Park, and authorize the Chairman to execute the Release. Respectfully submitted, ')~ b:-:. Heather Y ouñg Assistant County Attorney Attachments HYI Copies to: County Administrator Airport Director Property Acquisitions Manager Deputy Clerk ~ ~ .' Prepared bv and Return to: Heather Young Assistant County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 RELEASE OF REVERTER This RELEASE OF REVERTER ("Release") is made as of this day of , 2005 by ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "County"), WITNESSETH: WHEREAS, pursuant to that certain County Deed, dated October 10, 1962, recorded in Official Record Book 48, Page 99, of the Public Records ofSt. Lucie County, Florida ("Deed"), the County conveyed to the Ft. Pierce Port and Airport Authority that certain real property described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Deed contained the following reverter clause (the "Reverter): IT IS EXPRESSLY understood and agreed between the parties hereto that in the event the party of the second part ceases to operate and maintain the airport in accordance with the obligations of the agreement set forth above, title to said property will revert to the party of the first part. WHEREAS, pursuant to Chapter 88-515, Laws of Florida, the St. Lucie County Port and Airport Authority, successor to the Ft. Pierce Port and Airport Authority, was abolished and all title, right and interest in its property were transferred to the County; and NOW, THEREFORE, the County hereby terminates and releases the Reverter as follows: 1. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 2. The Reverter is hereby terminated, release and rendered null and void and the Reverter shall have no further force or effect. '-" '..,,/ IN WITNESS WHEREOF, the County has executed and delivered this instrument as of the date and year first above written. Signed, sealed, and Delivered in our presence Of: ST. LUCIE COUNTY, a political subdivision of the State of Florida WITNESS Chairman, Board of County Commissioners Name: (Print Name) ATTEST: WITNESS Deputy Clerk Name: (Print Name) APPROVED AS TO FORM AND CORRECTNESS: County Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before this (date) by (name of person acknowledging), who is personally know to me or who has produces (type of identification) as identification and who did (did not) take an oath. (SEAL) 2 '- .~ EXHIBIT "A" The SE V4; the SE V4 of the SW ]/4, less the NW V4 of the SE V4 of the SW V4;and the El/2 of the SE V4 of SW V4 ofthe SW 1/4 of Section 19, Township 34 South, Range 40 East. The S Yz of Section 20, Township 34 South, Range 40 East. All of Section 29, Township 34 South, Range 40 East, less the South 957 feet of the SE V4 of said Section. The E Yz; the NE V4 of the NW V4; the E Yz of the E Yz of the NW '/4 of the NW V4; the North 100 feet of the SE V4 of the NW 1/4 ; and the North 100 feet of the E Yz of the NE V4 of the SW V4 of the NW V4 of Section 30, Township 34 South, Range 40 East. Excepting, therefrom, however, all rights-of-way for public road and drainage canals. 3 '- ...._---------'-..::....;.......... p._ _____............._........_ _.... .r.......:__ '" M. jA.... M ....... .,.."....... ~ C~ ' ....ST. ,.~rÜ. '!HIS DEED, ..de thh ~ day of Oetot:.r, 1962, by åt. LUCIÈ COUKTY. FLORIDA, party of the Hnt part, IInd FT. PIERCE PeRT AND AL1PŒT AUTI!œIT\' ... '" part,. of the s.cond pIIrt. WITNESSETF.: rhllt the said party of the t1rat part, for -and in consideration of the sua of $1.00 to it 1n hand paid by the - ~- party of the second part. receipt vherea! 1. het.by acknovladQed. hAS granted. bargained And sold to the party of the .eoond part, ·its succeaaors And '"..igns, foreyer, the follovinq describéd 14nd, lying and being in St. Lucie Countr, Florida, The SEt; the SEt of the Slit, leu the NWt of the SEt of the Slit: and the Ei of the SEt of Slit of the swt of S.ction 19. Tovn.h1p 34 South, RAnge 40 Eut. Th. S1 of Section %0, Tøwnllhip 34 South, Rang. 40 East. All of Section 29, Tovqahip 34 South, Range 40 East. l.ss the 30uth 957 feet of the SEt of sAid Section. Th. El; the NEt of the NWt: the El of the Ei of the NWt of the NWt: the North 100 f.et of the SEt of the wt; and the North 100 f.. t of the Ei of the NEt of the Slit of the NWt of Section 30, Tovnship 34 South, Ranqe 40 E4st. EXC6ptinq, th.refrom, howerer, 411 rights-of-va,. for public r04ds 4nd dr4inaqe cAnals. SUBJECT, HOWEVER, to an,. outst4nding lea..s and further .ubject to the t.~ and conditions ~~ ..reral aqre....n ta betveen St. Lucie County and the 1:..i ted State. which are identified ae follov.: 1. AP-4 Re.olution adopted by the Board of County Commi.s10nera of St. Luci. County, Florida, on December 9. f941. 2. AP-4 Re.olut10n adopt.d by the Board of County Comaisaioners of St. Lucie County, Florida. on Noreaber 3, 1942. 3. Grant Aqre...nt, Contract No. C%ca-6llZ-A dated September 30, 1958, "ccepted by the Board of _ County Comm~..io~r. on Nor.mber 5, 1958, for Project No. 9-08-043-5901. The Sponsor'. Aaeurances of the Project Application dated June 3, 1958 "r. II PiTt th.r.of. '..I 1 - \.. - ..,¡ Mt t8 IKll00 ST. i uClf C~Ui1. Hi. ' IT IS £XPR£SSLY uncMratood ..nd IIQr..d betwHn u.. parti.. h.r.to that in the ennt the part,. of U" _aond polrt .,...... to operate ..nd aaintain tho ..irport in accordanoe with the obliqa- tion. of the aQr....nt. ..t forth &boT., title to .aid property will reTert to the polrt,. of the fir.t part. III IfITIIESS WHEREOf tlw add party of the fiut put ha. cau.ed th... pre_nte to be ...c..ted in ita n..- by it. Board of Count,. Co..i..ion.r. actinQ by the Chiaraan of ...id Bo:rd, the da,. and year'afor...id. ····;::'r " ~~~\I< ¡58)"1;'-'<-_ .", ;"'-'..';$'" J,ø,.r·''.·. --~.-; -";,,,,-. /~i~~," \", :a:-;~7_: '7 ~~. )~~;f~;:Ji;; County ..:" AttEST'~~ . - .. of the Circuit Court of St. Lucie Count,., Florida 109627 .fllEO AND RECORDEO 1N~~~OI( 1m OCT 17 ~HIO:~9 ROCER POITRAS. a.m sr. lUm C~~N!!. fl~P.WA ~~ ..........::¡j¡':.;,.... _ ,.-~~1.:.......~'.vi : . ·..'o~~·c.v.QUI. ........., !~~~g! .--- ."._..-. ..-..-..~....._--- . ,-:1 I ":)~íiÌ - ., - p' '-' AGENDA REQUEST '" ITEM NO. C-2.D Date: September 27, 2005 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Teamsters Local Union No. 769 - Collective Bargaining Agreement BACKGROUND: See C.A. No. 05-1590 FUNDS A V AIL. (State type & No. of transaction or N/ A): Health Insurance Fund and various operating funds; Account No. 001 -9910-599310-800 (General Fund Salary Increase Reserve) and various funds under Account no. ·9910-599310- -goo RECOMMENDA nON: Staff recommend that the Board of County Commissioners approve the proposed Collective Bargaining Agreement with Teamsters Local Union No. 769, and authorize the Chairman to sign the agreement, subject to ratification of the proposed agreement by the bargaining unit. l)G APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: Approved 4-0 Comm. Coward Absent Doug a . Anderson County Administrator County Attorney: ~ Mgt. & Budget:·· Othe~ Purchasing: Originating Dept.: Other: Finance (Check for Copy only, if applicable): .... J" ¥ "-'II INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 05-1590 DATE: September 21, 2005 SUBJECT: Teamsters Local Union No. 769 - Collective Bargaining Agreement BACKGROUND: Attached to this memorandum is a copy of the proposed Collective Bargaining Agreement with Teamsters Local Union No. 769 which represents the County's bargaining unit. If approved, the proposed agreement will be effective October 1, 2005 through and including September 30, 2006. The agreement provides for all members of the bargaining, other than new hires, to receive a three percent (3%) wage increase effective October 2,2005 which is the start of the first pay period in the 2005/2006 fiscal year. In addition to the wage increase, the County will also absorb the project fifteen percent (15%) increase in the cost of the County's employee insurance program. The agreement also provides for a second floating holiday which may be taken at any time during the fiscal year. All holidays would also be counted as time worked for the purpose of calculating overtime. The token pay for employees on emergency standby duty would also be increased from one hour to two hours. Finally, an article addressing discipline and discharge added to the agreement. The new article outlines the procedures currently in place for all County employees. The Union has scheduled a ratification meeting of its members on September 26, 2005. The Union negotiating committee has indicated it will present the proposed agreement to the members without a recommendation as to approval or rejection. In the event the members vote to reject the proposed agreement, staff will pull the agreement from the Board's September 27, 2005 agenda. RECOMMENDATION/CONCLUSION: Staff recommend that the Board of County Commissioners approve the proposed Collective Bargaining Agreement with Teamsters Local Union No. 769, and authorize the Chainnan to sign the agreement, subject to ratification of the proposed agreement by the bargaining unit. Respectfully submitted, ~~ Heather Young Assistant County Attorney · Attachment HYI Copies to: ....... 'tII County Administrator Human Resources Director Finance Director Management and Budget Director I i ~ ~ COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA AND TEAMSTERS LOCAL UNION NO. 769 AFFILIA TED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS EFFECTIVE OCTOBER 1, 2005 \w' ...., TABLE OF CONTENTS PAGE ARTICLE 1 Intent and Purpose 1 ARTICLE 2 Management Rights 2 ARTICLE 3 Correspondence 4 ARTICLE 4 Alcohol, Drugs and Controlled Substance Examination/Testing Procedures 5 ARTICLE 5 Safety 9 ARTICLE 6 No Concurrent Employment 11 ARTICLE 7 Attendance 12 ARTICLE 8 Overtime 13 ARTICLE 9 Hours of Work 14 ARTICLE 10 Emergency Standby Duty 15 ARTICLE 11 On Call Status 17 ARTICLE 12 Evaluation Period 19 ARTICLE 13 Separations 21 ARTICLE 14 Recall after Lay-Off 24 ARTICLE 15 Transfers 26 ARTICLE 16 Promotions and Vacancies 28 ARTICLE 17 Temporary Assignments 30 ARTICLE 18 Insurance 31 ARTICLE 19 Leaves of Absence 33 ARTICLE 20 Paid Sick Leave 38 ¥ ...." ARTICLE 21 Sick Leave Incentive 40 ARTICLE 22 Holidays 42 ARTICLE 23 Vacation Leave 45 ARTICLE 24 Dues Check-Off 48 ARTICLE 25 Union Activity 49 ARTICLE 26 Grievance Procedure 51 ARTICLE 27 Arbitration 54 ARTICLE 28 Continuity of Operations 57 ARTICLE 29 Subcontracting 58 ARTICLE 30 Bulletin Boards 59 ARTICLE 31 Uniforms 60 ARTICLE 32 Wages 61 ARTICLE 33 Retirement 62 ARTICLE 34 Printing Agreement 63 ARTICLE 35 General 64 ARTICLE 36 Savings Clause 66 ARTICLE 37 Duration of Agreement 67 ARTICLE 38 Discipline and Discharge 68 SIGNATURE PAGE 69 ~ ""'" ARTICLE 1 INTENT AND PURPOSE It is the intent and purpose ofthe parties hereto to set forth herein the basic agreement covering rates of pay, hours of work, and conditions of employment; to achieve and maintain harmonious relations between the Board of County Commissioners, 81. Lucie County, Florida, hereinafter referred to as the "County", and Teamsters Local Union No. 769, Affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the "Union"; to insure the continuous, uninterrupted and efficient operation of all departments; and to provide for the prompt and amicable adjustment of differences that may arise. ARTICLE 2 MANAGEMENT RIGHTS Section 1. Except as otherwise specifically limited in this Agreement, the Union recognizes and agrees that the supervision, management, control and determination of the County business, operations, working force, equipment and facilities are exclusively vested in the County and its designated officials, administrators, managers and supervisors. The County alone shall have the authority to determine any direct policies, mode and methods of providing its services and unilaterally set the standards for same, without any interference in the management and conduct of the County's business by the Union or any of its representatives. Except as expressly limited by a specific provision of the Agreement, the County shall continue to have the exclusive right to take any action its deems necessary or appropriate in the management of its business and the direction of its work force. Without limiting the generality ofthe foregoing, such rights exclusively reserved to the County shall include but not be limited to its right to determine the existence or nonexistence of facts which are the basis of management decisions; the right to determine the size and composition of its work forces; to determine the existence of a job vacancy; to temporarily fill vacancies; to hire new employees from the outside at any level; to select, reinstate, retire, promote, demote, evaluate, transfer, suspend, assign, direct, lay-off and recall employees subject to the express provision of this Agreement; to determine the fact oflack of work; to determine questions of physical fitness, skills and ability of employees to perform the work; to reward or reprimand, discharge, or otherwise discipline employees; to maintain the efficiency of employees; to determine job content and minimum qualification for job classifications and the amount and type of work needed; to engage in experimental and developmental projects; to determine what records are to be made and kept, how the records are to be made and kept, including those records relating to hours of work of I ~ ....J employees, who will make and keep the records, how the records are to be made and kept; to establish new jobs, abolish or change existing jobs; to determine the assignment of work; to contract out or subcontract work; to schedule the hours and days to be worked on eachjdb and each shift; to close facilities and to open new facilities; to make time studies of work loads, job assignments, methods of operation and efficiency from time to time and to make changes based on said studies; to expand, reduce, alter, combine, transfer, assign, cease, create, or restructure any department or operation for business purposes; to control, regulate and determine the number, type, and use of supplies, machinery, equipment, vehicles and other property owned, used, possessed or leased by the County; to introduce new, different or improved methods, means, and processes of County services and operations; to make or change rules and regulations, policies and practices for the purpose of efficiency, safe practices and discipline; and otherwise generally to manage the County, direct the work force, and establish terms and conditions of employment, except as modified or restricted by a provision of this Agreement. The County's failure to exercise any function or right hereby reserved to it, or, its exercising any function or right in a particular way, shall not be deemed a waiver of its rights to exercise such function or right, nor precludes the County from exercising the same in some other way not in conflict with the express provisions of this Agreement. The Union agrees that the County may exercise all of the above without advising the Union of any proposed action; nor may the Union require the County to negotiate over the decision or its effects on the employees except as altered by this Agreement. The exercise of the rights specifically listed in this Article does not preclude the employees or their representatives from conferring with Management or raising questions about the practical consequences that decisions on these matters may have on the terms and conditions of employment. Section 2. Past practices of the Board of County Commissioners or County Management shall not be considered for the purpose of limiting the rights, responsibilities, or prerogatives of management, nor for the purpose of enlarging upon the specific and express limitations on management which are contained in this Agreement. Section 3. If the County determines that civil emergency conditions exist, including but not limited to riots, civil disorders, strikes or illegal work stoppages, hurricane conditions or similar catastrophes or disorders, the provisions of this Agreement may be suspended by the County during the term of the declared emergency. Notwithstanding the provisions of Article 3, Correspondence, notice of such suspension will be given to the Union President as soon as practicable after the determination has been made and by whatever means are appropriate under the circumstances. 2 ¥ ....I ARTICLE 3 CORRESPONDENCE Section 1. Unless otherwise provided in this Agreement, all correspondence from the Union to the County shall be directed to the Human Resources Director, or his designee, and all correspondence from the County to the Union shall be directed to the Business Representative. To comply with the time limits contained in this Agreement, such correspondence shall be sent via the US Postal Service, hand delivered or via facsimile and shall actually be received by the Human Resources Director, or his designee, or Union Business Representative on or before the date due unless sent via the U.S. Postal Service. When the U.S. Postal Service is utilized, all time limits contained in this Agreement shall be considered met so long as the correspondence is mailed via certified mail and the postmark date is in compliance with the specified time limit. All other correspondence shall be mailed by the U.S. Postal Service via regular mail, hand delivered, or sent via facsimile. Section 2. It is the responsibility of the Union to furnish the County with a mailing address for the Union, and to advise the County of any address change. Current Union Address: Teamsters Local Union No. 769 3498 West Midway Road Fort Pierce. Florida 34981-4959 Phone: 1-772-465-3454 Fax: 1-772-465-7357 3 ~ ...; ARTICLE 4 ALCOHOL. DRUGS AND CONTROLLED SUBSTANCE EXAMINATION/TESTING PROCEDURES Section 1 The County reserves the right to require all job applicants and employees to be tested for the use of alcohol, drugs or controlled substances. Alcohol, drugs and/or controlled substances shall hereinafter be referred to as "drug" or "drugs". If state or federal law regulations requires random or other types of drug testing of any job applicant and/or employee in the bargaining unit, the County will begin testing of such job applicants and/or employees as soon as required and as provided by law. The County will provide a list to the Union of the job classifications identified for random testing. All testing will be done at facilities approved by the Florida Agency for Health Care Administration or the United States Food and Drug Administration. Section 2 The County reserves the right, at any time, to request any employee to take a drug test and/or physical examination based on reasonable suspicion. Reasonable suspicion is a belief that an employee is using or has used drugs in violation of County policy drawn from specific, objective, and articulate facts and reasonable inferences drawn from those facts. Among other things, such facts and inferences may be based upon: A. Observable phenomena while at work, such as a direct observation of drug use or the physical symptoms or manifestations of being under the influence of a drug or drugs. B. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. C. A report of drug use, provided by a reliable and credible source_ D. Evidence that an individual has tampered with a drug test during his employment with the County. E. Information that an employee has caused, contributed to, or been involved in an accident while at work. If necessary. medical attention will be sought prior to testing. F. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on County premises or while operating County vehicle, machinery, or equipment. 4 ..... .., Section 3 The testing outlined for drugs in Section I and 2 of this Article will be administered in accordance with the following provisions: A. Any employee may be subject to an investigation which may include, but not be limited to, drug detection and testing, urinalysis, saliva testing, or any other medically recognized testing procedure. Prior to being tested, the employee will be given the opportunity to present any evidence oflegal substances he has taken which may affect the accuracy of the test results. The employee may consult with his Union Steward before being tested, provided such consultation does not delay the testing for more than thirty (30) minutes. If the employee is ordered to be tested based upon reasonable suspicion or the County is advised of any positive test results, the County in its sole discretion, shall decide whether the employee should be returned to a limited duty capacity or relived of duty pending the results of the testing. Ifrelieved of duty, the employee will be suspended without pay. If permitted to continue working pending the results ofthe testing, the employee shall not be permitted to operate any equipment or perform any function that could present a danger to the health, safety, or welfare of the public, co-workers, or the employee, and shall not be permitted to operate a motor vehicle. If the test results are negative for the presence of drugs, an employee who has been suspended will be paid for the time lost. B. Voluntary Rehabilitation: An employee who has not undergone rehabilitation for a substance abuse problem previously while employed by the County and/or has not been asked to be tested based on reasonable suspicion may be granted a leave of absence, without pay for up to thirty (30) days to seek rehabilitation. The County may approve up to a fifteen (15) day extension ofthis leave upon application by the employee. The employee may be entitled to use accrued vacation and/or sick leave if the employee so requests during this period. C. The decision to investigate and conduct drug testing shall be made by the County Administrator or his designee, who shall not be the employee's direct supervisor. Should the employee refuse to cooperate with the investigation and/or drug test, the employee will be terminated. Should the investigation and/or drug test substantiate the influence, use, or presence of drugs, the following procedural steps will be followed: I. The employee shall be subject to disciplinary action as provided in the Employee Handbook Code of Workplace Conduct. In addition, the employee will be required to participate in and successfully complete a rehabilitation program under the Employee Assistance Program ("EAP"). Failure to participate in such rehabilitation program shall be grounds for termination. As an alternative to suspension, the employee may request an unpaid leave of absence for up to thirty (30) days to participate in and successfully complete a rehabilitation program. The County may 5 ...... ,.,I approve up to a fifteen (15) day extension of this leave upon application by the employee. The employee shall be entitled to use accrued vacation and/or sick leave during such leave of absence, if he so elects_ An employee who receives a positive confirmed test result may contest or explain the results to the County's designated medical review officer within five (5) working days after the employee receives written notification of the test result. If the employee's explanation is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back the County and the employee shall have the right to contest the drug test result pursuant to rules adopted by the Florida Department of Labor and Employment Security. Ifthe employee's explanation is acceptable to the medical review officer, the employee will be returned to work and will be paid for the time lost. The individual employee shall have the right to have his original specimen tested by a Florida Health Care Administration or United States Food and Drug Administration approved laboratory of his choice in rebuttal to the initial test, and present such test results to the County. This test will be accomplished at the sole expense of the employee. If there is a conflict between the first and second test, the County shall have the right to request a third test of the original specimen by an approved laboratory of the County's choice. If this final (third) test reverses the County's original finding, the employee will be reimbursed for the second test and paid for the time lost. This retesting, which is available at an employee's option, does not take the place of the testing procedures outlined in paragraphs C2 and C3 ofthis section. However, the employee may also exercise this retesting option when given the tests outlined in paragraphs C2 and C3 of this section. 2. Prior to returning to work following a suspension or leave of absence described in paragraphs B and Cl of this section, the employee will be given a drug test. If the drug test is positive, the employee will be discharged. However, at the sole discretion of the County, an employee may be allowed to return to work temporarily before completing his rehabilitation program. An employee returning to work under such circumstances shall not be permitted to operate any equipment or perform any function that could present a danger to the health, safety, or weltàre ofthe public, co- workers, or the employee, and shall not be permitted to operate a motor vehicle. Further an employee returning to work before completing his rehabilitation program will be given a drug test on a day and time ofthe County's choosing, between the 31 st day and the 45th day after the first specimen was taken. Ifthe drug test is positive, the employee will be discharged.p 6 ¥ -wi 3. As a condition of returning to work following the leave described in paragraphs Band Cl of this section, the employee must submit to periodic drug testing no more than once a quarter during the following two (2) year period upon the demand of the County and without prior notice to the employee. Having had the benefit of paragraphs Band Cl of this section, an employee who fails a drug test at anytime in the future will be discharged (Second otTense). Section 4. The sick leave, vacation and leave of absence without pay referred to in this Article shall be taken in accordance with the provisions of this Agreement. Section 5. If the County finds that the employee's use or possession of any drug has detrimentally affected its interest the employee may be discharged rather than being afforded the opportunities of rehabilitation. This Article does not prevent the County fÌom disciplining an employee for any violation of the County's Code of Personal Conduct, Departmental Rules and Regulations, or other provisions of this Agreement or the Employee Handbook that may occur regardless of whether it is in connection with the use or abuse of controlled drugs or substances. Section 6. Upon request, an employee shall receive a copy of the laboratory report(s) received by the County. Section 7. The County and the Union agree to follow the provisions set forth in the "Drug Free Workplace Act. " Section 112.0455. Florida Statutes. 7 ~ ...." ARTICLE 5 SAFETY Section 1. All employees and the County shall be responsible for following the provisions of the Employee Safety Handbook. The County shall provide all employees with a copy of the Employee Safety Handbook. The County shall continue to have the right to unilaterally establish adopt, change amend, withdraw, and enforce the Employee Safety Handbook, so long as such actions do not result in a conflict with the specific terms and conditions of this Agreement. The County will post all changes to the Employee Safety Handbook in all work areas. Except in the case of an emergency, such changes will be posted on the County bulletin boards at least five (5) working days before the effective date ofthe change. Failure to follow prescribed safety procedures may result in disciplinary action. Section 2. A. The County and the Union agree that it is in the best interest of the County and the employee to report accidents as soon as possible, no matter if minor in character. Failure to do so may result in complications ofthe illness or injury and delay recovery for the employee. Therefore, employees are required to immediately report to their supervisor any accident or injury incurred on the job and/or any work related illness unless physically unable to do so. Failure to so report ajob related illness or injury may result in disciplinary action. An employee may also be requested to file a written report regarding ajob related illness or injury. B. Unless an emergency exists, an employee must receive authorization from his supervisor prior to receiving medical treatment. The County reserves the right to designate specific doctors, clinics, and hospitals, that will be exclusively authorized to treat employees' on the job injuries and illnesses. An employee wishing to be treated by his own physician must receive prior written approval from his supervisor. C. In the case of all vehicular accidents on a public right of way, the employee shall immediately call 911, advise the operator that he is a County employee, and ask the 911 operator to call and notify his supervisor, who shall immediately notify the Risk Manager, and the County's Public Safety Department of the accident. The employee shall notify his supervisor immediately of all vehicular accidents on County property. 8 '-" Section 3. ....., The County provides safety equipment and devises for employees engaged in work where such special equipment is deemed by the County to be necessary. Such equipment, where provided, must be used. Failure by an employee to utilize provided equipment shall be cause for disciplinary action. In the event an employee is issued prescription safety !?:lasses, the County will replace the glasses only upon the employee turning in the broken glasses or providing proof that his vision prescription has changed. Section 4. The Employee Safety Handbook provides for a Safety Committee the size and composition of which shall be determined by the County Administrator. Bargaining unit representation on the County's Safety Committee shall consist of three (3) bargaining unit employees from three (3) different departments tilt. bå1gcl~úiJlg unit. The Union shall made a good faith effort to recruit representatives from a variety of departments. The Union shall furnish the County Administrator the names of three (3) employees chosen by the bargaining unit. The County Administrator shall appoint these three bargaining unit employees to the Safety Committee, except he may reject an appointment for good cause. The County will ensure that all appointed bargaining unit members will be permitted during the hours of work to attend the Safety Committee. It will be the County's responsibility to notify the appointed bargaining unit members of the dates and times and locations of the Safety Committee meetings. The votes ofthe individual bargaining unit representatives will be given the same weight as any other individual member of the Safety Committee. Any decision or recommendation of the Safety Committee will be considered by the County Administrator or his designee but will not be binding on the County. Section 5. Should an employee have a complaint or a concern regarding the safetv of a work site or work assignment, the emplovee shall consult with his immediate supervisor. If the supervisor deems conditions warrant. he shall contact the Safety Officer and ask him to review the matter. The Safety Officer shall determine whether the work should proceed pending his review. Section 6. The County will require its temporary employee agency(ies) to conduct complete criminal background checks on all emplovees assigned to the County prior to the emplovees commencing work for the County. In the event a temporarv employee will be assigned to the Countv for a period in excess of five (5) working davs. the County will also require that the temporary employee pass a drug test equivalent to the pre-employment drug test required for County employees. 9 '-' ..." ARTICLE 6 NO CONCURRENT EMPLOYMENT Section 1 During working hours, the employee is to concern himself strictly with the business of the County and the duties of his position. At no time during working hours shall the employee perform any services or make or receive any telephone calls on behalf of any employment, that are not a part of the employee's job responsibilities with the County. Section 2 An employee shall notify his supervisor of any other employment in order for the County to determine that no conflict of interest as defined in Section 112.312(8), Florida Statutes (2003). exists with regard to such employment and the employee's duties with the County. 10 '-' .." ARTICLE 7 ATTENDANCE Section 1. All employees are expected to report for duty at the scheduled time. If an employee is unable to work for any reason, he must notify the department as indicated by written departmental policies which are posted or otherwise distributed to employees. Departmental policies shall be guided by procedures described in the Employee Handbook unless circumstances of the department warrant deviation. Employees in a department without a separate attendance policy shall be required to notify the department that they will be absent within thirty (30) minutes after their scheduled start time. In the event an emplovee provides insufficient notice regarding his absence or tardiness, may constitute the emplovee shall be required to use vacation leave or leave without pay. at the emplovee's option. Section 2. Unauthorized absenteeism or lateness may be cause for disciplinary action in accordance with the Employee Handbook. 11 '-' ....., ARTICLE 8 OVERTIME Section 1. Employees shall be required to work overtime when requested unless excused by supervisors. Employees working in those classifications which are overtime eligible classifications and not exempt under the Fair Labor Standards Act will be paid overtime at the rate of time and one-half their regular base rate of pay for all time actually worked in excess offorty (40) hours per work week. Ifthere are any changes during the term of this Agreement in the Fair Labor Standards Act with regard to overtime provisions which affect public sector employees, the parties shall consider this paragraph immediately open for negotiations and shall immediately meet for such negotiations. Section 2. The County will seek volunteers consistent with equitable distribution of overtime within a work area, classification, shift and consistent with skill and ability. In the event sufficient volunteers are not available, qualified employees shall be assigned to overtime work in a manner consistent with the equitable distribution of assignments. Section 3. For purposes of calculating overtime. paid holidav leave shall be considered as time worked. 12 ~ ..",,¡ ARTICLE 9 HOURS OF WORK Section 1. The workweek shall consist of a consecutive seven (7) day period. The work day shall consist of a twenty-four (24) hour period beginning at 12:00 midnight. Regularly scheduled working hours and days off of employees covered by this Agreement shall not be indiscriminately changed by the County. Changes shall be made by reason of operational necessity and/or efficiency. Such changes require at least fi v(. (5) ten (10) working days notice to the affected employees except in the case of an emergency. Except as provided herein, an employee's regular work schedule shall contain two (2) consecutive days off. An employee may request that his regularly scheduled days off be non-consecutive. Such request shall be subject to the prior approval of the employee's supervisor based upon the operational and scheduling needs of the department. Such approval shall not be unreasonably withheld. Section 2. A thirty (30) minute lunch, and if provided, up to two (2) fifteen (15) minute break periods will be scheduled by the Department Head/Designee. Whenever consistent with efficient operation, such lunch period shall be scheduled by the Department HeacllDesignee to fall approximately at the mid- point of the employee's work day. Whenever consistent with efficient operation, such break shall be scheduled by the Department HeacllDesignee within the approximate mid-point of both the first and the last half of the employee's work day. However, nothing herein should be construed as preventing the County from providing staggered lunch and break times or requiring the County to provide any or the same lunch and break time for employees. 13 ÎèIW' ...,¡ ARTICLE 10 EMERGENCY STANDBY DUTY Section 1. In order to provide coverage for services during off-duty hours, it may be necessary to assign and schedule certain employees to emergency standby duty. An emergency standby duty assignment is made by a Department Head/Designee who requires an employee to be ávailable for work on off-duty time which may include nights, weekends and/or holidays. Section 2. Emergency standby time is defined as that period oftime during which an employee is required to be readily available for emergency call out. When assigned to emergency standby duty, the employee's activities are restricted to the extent that he may be readily contacted by telephone or pocket pager. Section 3. The Department HeadlDesignee will determine when it is necessary to place employees in an emergency standby status. The department will seek volunteers consistent with equitable distribution of emergency standby time within a work area, classification, shift and consistent with skill and ability. In the event sufficient volunteers are not available, qualified employees shall be assigned to emergency standby work in a manner consistent with equitable distribution of assignments. Section 4. Employees assigned to emergency standby shall be compensated as follows: A. 8nc Two hourâ token pay will be paid per 24-hour period. This is paid regardless if the employee is or is not called into work. This token pay will be based upon the employee's regular rate of pay. B. Except as provided below if an employee is called out, he will be paid a minimum of 2 hours per 24 hour period provided the time worked does not immediately precede or extend the employee's regularly assigned work shift. This 2 hour minimum payment will apply only to the first call-out, and the actual time worked will be paid for subsequent call-outs in the same 24-hour period based upon his regular rate of payor his overtime rate of pay, as appropriate. C. If an employee is called out during a week in which there is a County holiday, tllC Glüploj'cc ..al bc p~d ò.lllininll:hll of211otlls pCl 24 ho(ù pCliod or 1 'IS ti111(,S 11~6 legulð.llate of Paj' for tile t~ÚlG ~orkcd Vll the eò.ll-oat, an employee who is called back to work shall be 14 -- .."" compensated for the amount of time actually worked or two (2) hours, whichever is greater. This 2 hour minimum payment will apply only to the first call-out during the 24 hour period, and subsequent call-outs in the same 24 hour period will be paid at 1 Y:, time his regular rate of pay for the actual time worked. Section 5. Except as provided above for weeks with a holiday, overtime compensation of 1 Y2 times the base hourly rate of pay will be paid for hours actually worked in excess of 40 hours per work week to employees who are non-exempt employees under the Fair Labor Standards Act. If there are any changes during the term of this Agreement in the Fair Labor Standards Act in regard to overtime provisions, the parties shall consider this section immediately open for negotiations and shall immediately meet for purposes of computing overtime pay. However, for the purposes of computing overtime, the öne two hour~token pay will count as öne two hourâ worked even if no work is performed. Section 6. All emergency standby employees will be provided with pocket pager and County vehicle for possible use. If the employees does not report to work in a timely fashion, not to exceed 30 minutes, in response to a call for assistance, all emergency standby compensation may be forfeited, and disciplinary action may be enforced. 15 'w """" ARTICLE 11 ON CALL STATUS Section 1. It is recognized and agreed by both parties that the nature of the operation of the County sometime requires that employees be available to be called back to work at a time other than their regularly scheduled hours of work, including nights, weekends or holidays. Section 2. The Department Head will determine when it is necessary to place employees in an on call status. The department will seek volunteers whenever possible consistent with equitable distribution of on call time within a work area, classification, shift, and consistent with skill and ability. In the event sufficient volunteers are not available, qualified employees shall be assigned on call work in a manner consistent with equitable distribution of assignments. Section 3. Employees on the on call list will provide the County with a contact telephone number and will be responsible for keeping the County advised of any changes. Employees on the on call list have complete freedom of activity in the off duty hours until assigned to work and are not considered on "emergency standby" duty. Section 4. Employees placed on the on call list who are called back to work shall be compensated as follows: A. Except during a week in which there is a County holiday, an employee who is called back to work shall be compensated for the amount of time actually worked or 2 hours, whichever is greater, provided such work does not immediately precede or extend the employee's regularly assigned work shift. The 2 hour minimum payment will apply only to the first call-out during the 24 hour period, and subsequent call-outs in the same 24 hour period will be paid based upon actual time worked at his regular rate of payor his overtime rate of pay, as appropriate. B. If an employee is called back to work during a week in which there is a County holiday, the (,jl1ployeG will be paid a minimum 0[2 hows pGI 24liow peliod Oi 1 >~ time5 his le~dlål urtc of pay [m t1.c t~!UG "oiked Oil the Gò.ll-otlt. an emplovee who is called back to work shall be compensated for the amount of time actually worked or two (2) hours. whichever is greater, at 1 Yz times his regular rate of pay. The 2 hour minimum payment will apply only to the first call-out during the 24 hour period, and subsequent call-outs in the same 24 hour period will 16 '-' be paid at 1 Y2 time his regular rate of pay for the actual time worked. Section 5. ...." On call time away from work shall not count as hours "worked" for the purpose of computing overtime pay. Section 6. This article is not intended to override or interfere in any manner with any work assignment made in accordance with emergency manuals, for example, hurricane preparedness non-military radiological manuals and assignments made in accordance with a state of emergency declared by an appropriate official. 17 '-' -wi ARTICLE 12 EVALUATION PERIOD Section 1. The evaluation or "working test" period is an integral part of the hiring and promotion process It is utilized to closely observe the new employee's work, to secure the most effective adjustment of a new employee to the position, and to reject any employee whose performance does not meet the required standards. Section 2. Except as otherwise provided in Articles 13, 14 and 15 of this Agreement, the evaluation period shall extend a minimum of six (6) months from the employee's first day of work with the County or in the position to which he has been promoted. An employee will receive a minimum of three (3) written evaluations during this six (6) month period. The County may extend an employee's evaluation period one time beyond the end of the minimum evaluation period for a period not to exceed thirty (30) calendar days upon approval of the County Administrator/designee. Further, the evaluation period will be extended by the number of days an employee is absent whether paid or unpaid during the evaluation period. When the employee has successfully completed the evaluation period, and any extension, he shall be placed on regular status. Section 3. Regular status denotes final appointment in a specific County position and classification following successful completion of the evaluation period, and any extension thereof. Section 4. A newly hired employee who does not successfully complete his evaluation period is not entitled to the Grievance/Arbitration Procedures or payments of sick leave or vacation leave at the time of termination. Section 5. If an employee who is serving an evaluation period incurred as a result of a promotion is found to be unqualified to perform the duties ofthe higher position, a good faith effort will be made to return the employee to the position and status he held immediately prior to the promotion. If the employee is returned to this former position, his wages will be the same amount he would have been paid if he had not been promoted, including any increases which he would have achieved during the period he 18 '-' ~ held the higher position. If the employee's former position is filled, the employee may be transferred to a vacant position, for which he qualifies, subject to the approval ofthe Department Head and the County Administrator. If no vacancy exists for which the employee is qualified, he' will be placed in a layoff status with recall rights pursuant to Article 14 of this Agreement. 19 '-' """ ARTICLE 13 SEPARATIONS Section 1. Date of Separation The effective date of separation shall be the last day on which the employee is present for duty unless otherwise specified herein. Section 2. ResÍ!mation A. Resignation is defined as an action whereby an employee voluntarily leaves County employment with or without giving notice. B. An employee wishing to leave County employment in good standing shall file with the County a written resignation, stating the date and reasons for leaving. Such notice must be given at least two (2) weeks prior to the date of separation, Failure to comply with this courtesy may be cause for denying such employee reemployment with the County. Section 3. Retirement A. Retirement is defined as a voluntary or involuntary procedure whereby an employee separates from County employment for reasons of length of service or disability. B. Retirement regulations and benefits shall conform with the provisions of the Florida Retirement System in effect upon the effective date of the employee's retirement. Section 4. Death Termination shall be effective as of the date of death. All compensation and benefits due to the employee as of the effective date of separation shall be paid to the beneficiary, surviving spouse, or the estate of the employee, as determined by law or by executed form in the employee's Personnel Division file. Section 5. Reduction in Force (Lav-oft) A. If a layoff occurs, all employees serving an evaluation period will be laid off first by job classification. The only exception would be if an employee in an evaluation period has a particularly skill required to perform duties and no one else employed by the County is qualified to perform such duties in the opinion of the County. B. In determining the order of layoff of employees other than employees in their probationary 20 \w' 'wi period, the following criteria will be weighted equally: (a) ability, (b) skill, (c) attendance record for preceding twelve (12) month period, (d) evaluations, (e) any documented counseling or disciplinary actions in preceding twelve (12) month period, and (f) seniority. Ifthe employee has the ability, skills and desire to reclassify to a lower paying position within his division, he may replace the least senior employee in the lower position provided he has more seniority than the employee he is replacing. The employee's rate of pay will remain the same if his wage is within the range of the lower position. If the employee's rate of pay exceeds the maximum of the lower position, the employee will receive the top of the range for the new classification. An employee who reclassifies to a lower position will not be subject to the provisions of Article 12. If an employee returns to his former job classification within one year from the effective date of his reclassification to a different position, he will not be subject to the provisions of Article 12. C. If a laid-off employee is transferred from one department to another where a vacancy exists and is required to take a reduction in pay, that employee will have the option of receiving his vacation pay prior to being transferred at the previous higher rate of pay. If the employee chooses not to take vacation pay before the transfer, he will be paid vacation leave at his current rate of pay when he chooses to take vacation. If a full-time employee is laid-off, he will be compensated for his vacation in full and receive sick leave accrued not to exceed eighty (80) hours unless the employee has ten years of continuous service for which he would receive up to sixty (60) days of accrued sick leave. Part-time employees who are laid off will receive their vacation and sick leave pro-rated based on an average two week work period. D. Recognizing the hardship a layoff creates for an employee, the County will continue to pay its share of health insurance premiums for one full month after layoff for the employee and family coverage. E. Seniority is defined as the employee's last date of hire with the County with deductions for absences of sixty (60) working days. If employees have the same seniority date, their relative seniority dates shall be determined by the last four digits of the employee's social security number, the lowest number being the most senior. Section 6. Dismissal or Dischar!!:e A. A discharge is the involuntary separation of an employee from County employment. Employees discharged for disciplinary reasons shall not generally be eligible for reemployment and shall lose all seniority and reinstatement privileges. B. A discharged employee will be allowed to discuss the discharge with the Union Steward before he is required to leave the property of the County, unless his presence creates an unsafe situation. 21 '-' ~ C. The County will notify the Union Steward upon the discharge of an employee in the bargaining unit, but failure to give such notice shall not affect the validity of the discharge. D. Discipline or discharge of employees in a new hire evaluation period shall not be subject to the grievance or arbitration procedures. Section 7. Return of Property and Financial Oblieations A. At the time of separation and prior to receiving final monies due, all records, books, assets, uniforms, keys, tools, and other items of County property in the employee's custody shall be returned to the department. Certification to this effect shall be made by the employee's supervisor. Any monies due because of shortages shall be deducted from the final pay check due or shall be collected through appropriate action. B. Any. outstanding debts incurred by an employee, such as shortages in leave accounts, deductions for the loss or abuse of County property or other financial obligations which are due the County shall be deducted from the employee's final pay check and/or termination leave pay. 22 "-' ..., ARTICLE 14 RECALL AFTER LA Y-OFF Section 1. A laid off employee is eligible to remain in a recall status for 011e (1) full j cal thirteen (13) months from the date of lay-off. The County's obligation under this provision will continue for one (I) full rem- thirteen (13) months from the date oflay-off. A person recalled within the year will not lose his seniority, but the amount of time he is laid offwill not be credited to him for seniority, retirement and benefit purposes. Section 2. When the County decides to increase the work force, laid off employees will be called back in their order of layoff by classification, e.g., last out, first in, providing the employee can still meet the minimumjob requirements as stated in the job description and pass a physical examination including a drug test. An employee who is recalled within ninety (90) days of the date of his layoff will not be required to take a physical examination and/or drug test unless the County has specific information that makes such examination and/or test appropriate in its opinion. The employee must notify the Personnel Department at time of layoff whether he desires to be recalled to the job classification which he held at the time of layoff or to any available position for which he is qualified. Section 3. Notice to a laid off employee regarding the County's intention to recall him shall be sent by certified mail to his last known address and by documented telephone call to his last known telephone number as shown in his Personnel File. If an employee so notified does not apply in the Personnel Department or give notice of his intention in writing to do so within five (5) working days of receipt of the notice, it shall be assumed that he has resigned and all rights accrued previously shall be forfeited. If an employee refuses in writing to accept the job offered because it is a lower paying position than previously held, he shall not lose rights for future recall during the one (1) }un thirteen (13) months of eligibility. Section 4. An employee will not forfeit his recall rights to his former position under this Article if he accepts recall to a lower paying position or to a temporary position of less than ninety (90) days duration. 23 ~ ...", Section 5. An employee who is recalled to his former position within the (I) j Gal thirteen ('13) month recall period will be paid at his rate of pay at the time of the layoff and will not be subject to the provisions of Article 12. If an employee is recalled to a lower job classification than the one he held at the time oflay off within the Öllv (1) jUu thirteen (13) month recall period, he will be paid at his previous rate of pay if it is within the pay range for the new position and will serve an evaluation period as set forth in Article 12. An employee recalled to a lower job classification will not be entitled to a pay increase upon satisfactory completion of the evaluation period, however, his new anniversary date will be the date he began work in the new position. 24 ~ ...." ARTICLE 15 TRANSFERS Section 1. An employee may be transferred from a classification in one department to the same or equivalent classification in another department or another division in his department provided the transfer is to the advantage of the County and/or results in a better utilization of the education, experience or interests of the employee. No transfer may be made without the approval of the two (2) Department Heads, or the Department Head and two Division Managers in the case of an intra-department transfer, involved, knowledge of the employee involved, and prior approval by the County Administrator. The provisions of the paragraph shall not be administered as a means to discipline employees. Section 2. Transfers shall be made as follows: A. An employee may be transferred to a position within another department or another division within his department with the same job classification and such transfer will not change the employee's pay grade, rate of pay, aIll1iversary date or classification date. An employee who transfers to another department or ßnother division within his department for a promotion or lateral move at his request must 'remain in the department or division to which he is transferring for a minimum of nine (9) months before applying for a promotion or lateral move to another department or division within his department. B. An employee transferred at his own request shall serve a minimum of six (6) months evaluation period in the new department or division, provided, however, that such employee shall not be entitled to a pay increase at the conclusion of the evaluation period. If, during the evaluation period, the employee is found to be unsuited for or unqualified in the new department or division, the employee may return to his previous position, subject to the approval of the Department Head, if a vacancy exists. Ifhis former position is filled, a good faith effort will be made to place the employee in a comparable position. If a vacancy does not exist, the employee will be placed in lay-off status with recall rights pursuant to Article 14, Recall After Lay-off. C. In no event shall an employee's transfer pursuant to this Article result in his receiving a rate of pay which exceeds the pay range for his new position. 25 - '-' ."J Section 3. The County Administrator may grant an employee's request to transfer to a lower paid job classification, provided the transfer is to the advantage of the County and/or results in better utilization of the education, experience, or interests of the employee. An employee so transferred shall be paid at his rate of pay at the time of his transfer if it is within the pay range for the lower paid classification. If the employee's rate of the pay at the time of his transfer exceeds the highest rate of pay for the lower-paid classification, he will be paid at the top rate of pay for the lower paid position. An employee transferred to a lower paid classification at his own request shall serve a minimum of six (6) months evaluation period in the classification, provided, however, that such employees shall not be entitled to a pay increase at the conclusion of the evaluation period. An employee who is transferred to a lower paid position shall not be permitted to apply for a promotion to his former classification for a period of one (1) year following the effective date of his transfer to the lower paid classification. 26 - ..... ..,,¡ ' ARTICLE 16 PROMOTIONS AND VACANCIES Section 1. For the purposes of this Agreement, a promotion shall be defined as reclassification to a different position with a higher pay grade. Section 2. In filling all vacancies in the bargaining unit, the County shall consider all of the following factors: A. Ability to perform all essential duties in the classification. B. Ability to meet reasonable performance standards for quality and quantity of work. C. Length of continuous service with the department and/or County. D. Overall work record with the County, excluding the following: (1) Written reprimands (without a suspension) which occurred more than three (3) years prior to the date of application for the promotion if the employee has not received any additional discipline for a period oftwo (2) years prior to the date of such application. (2) Suspensions which occurred more than five (5) years prior to the date of application for the promotion if the employee has not received any additional discipline for a period of three (3) years prior to the date of such application. E. Prior formal education, apprenticeship programs, specialized training schools, military assignment, job experience prior to being employed by the County, and any other relevant qualification the individual may possess. Section 3. The parties agree that an employee's continuous service with the department and/or County is an important factor when determining qualifications for filling vacancies. Section 4. Employees within the division where the vacancy exists shall be given first consideration subject to their qualifications being equal to other bidders. 27 - '-" ~ Section S. Promotional vacancies will be posted in all departments and on Union bulletin boards for at least five (5) working days. Section 6. A promoted employee will serve a six (6) month evaluation period. Section 8. The County agrees to post management vacancies and will give bargaining unit employees consideration in filling such vacancies. Section 7. Upon promotion, an employee will receive the minimum pay rate for his new position or a five percent (5%) increase of his pay rate at the time of his promotion, whichever is greater. Upon satisfactory completion of the evaluation period, the employee will be eligible for a five percent (5%) pay increase, 5tlbjc.Gt tù the lc.commel1dat:Ïol1 of the Dcpalbnent Head ål1d ajJplO val of the COc1Üty AdmÜlÏstlatol. In no event shall an employee's transfer or promotion pursuant to this Article result in his receiving a rate of pay which exceeds the pay range for his new position. Section 8. An employee who is promoted to a position in another department or another division within his department at his request must remain in that department or division for a minimum of nine (9) months before applying for a promotion or lateral move to another department or division. 28 '-" ...., ARTICLE 17 TEMPORARY ASSIGNMENTS Section 1. The COWlty shall not be prevented from temporarily assigning or appointing any employee to perform work which would normally be done by an employee in another classification, when, in the discretion of the COWlty, such assignment or appointment is necessary. Section 2. An employee temporarily assigned to perform work outside his normal classification shall suffer no loss of pay should said temporary assignment be to a lower classification. Section 3. An employee who is temporarily assigned to a position in a higher classification shall be paid his regular rate of pay for the first ten (10) consecutive calendar days. If such assignment continues beyond ten (10) consecutive calendar days, he shall receive five percent (5%) above his regular rate of pay or the minimum of the higher classification, whichever is greater. In the event that the County has been notified by the employee whose position is being temporarily being filled that his absence will extend beyond ten (10) consecutive calendar days prior to the first date of such absence or as soon thereafter as possible in the event of illness or emergency, the COWlty shall pay the employee temporarily assigned to fill the position at the minimum of the higher classification or five percent (5%) above his regular rate of pay, whichever is greater, beginning on the first day of the temporary assignment. If the temporary assignment extends beyond ten (10) consecutive calendar days, the County shall pay the employee receiving the temporary assignment at such higher rate of pay retroactively for the first ten (10) consecutive calendar days of the temporary assignment. This section shall not appl y where the distinction in classification is based primarily on experience or years of service. 29 '-' ...., ARTICLE 18 INSURANCE Section 1. For the period January 1,2006 through and including December 31,200, regular full time bargaining unit will participate in the same health insurance program and coverage, including the same rates of employee contribution, as provided by the Board of County Commissioners to its non-bargaining unit employees. The health insurance program shall include optional dental, prescription care and vision plans. There will be no increase in emplovee contribution for the period January 1. 2006 through and including: December 31. 2006 over the contribution rate for the period Januarv 1. 2005 through and including December 3 L 2005. Section 2. Regular full time bargaining unit employees will continue to be eligible to participate in the County's short term and long term disability program. Section 3. Regular full time bargaining unit employees will continue to be eligible to participate in the County's life insurance program. Section 4. Regular full time bargaining unit employees will continue to be eligible to participate in the County's employee assistance program (EAP). Section 5. Except as otherwise provided in this Agreement, the insurance coverage listed above shall be discontinued on the date the employee's services are terminated, the day he quits or retires, or the day he goes on any leave of absence other than Family Medical Leave Act leave, or is laid off, provided that, subject to the approval of the insurance carrier, said coverage will continue for that period for which the County has prepaid the premium for such employee. 30 '-' '-" Section 6. Eligibility, coverage and benefits under the above insurance plans are subject to the terms and conditions, including but not limited to any waiting period or other time limits, contained in the contracts between the County and the carrier. Any rebates or refunds of premiums paid by the County shall accrue to the County. With reference to the insurance set forth above, the County will continue to have the right to select carriers, to change carriers, and to be self-insured. It is further agreed that the only liability assumed by the County under this article is to pay the premiums agreed upon. Any claim settlement between an employee and the insurance carrier shall not be subject to the grievance procedure. Section 7. Subiect to satisfying the eligibility requirements. bargaining unit members shall be entitled to particiuate in the Retiree Health Benefit Program and Medicaid Supplement Program offered to non- bargaining unit employees. 31 '- ...",,¡ ARTICLE 19 LEAVES OF ABSENCE Section 1. Court Leave A. Employees attending court as a witness when instructed or ordered to attend by the County Administrator or his designee for County business, shall receive pay at their regular rate for the hours they attend court. This time is charged as leave with pay and such time will considered as time worked for purpose of computing overtime. B. Employees on jury duty shall receive pay at their regular rate for such time spent during their normal working hours. This time will be charged as leave with pay; however, such time will not be considered as hours worked for overtime purposes. C. Those employees who become plaintiffs or defendants in personal litigation or as witnesses in litigation other than that covered in Paragraph A of this Section are not eligible for court leave with pay. In such cases, vacation leave or leave without pay may be granted upon application by the employee and approval by the Department Head. Leave of absence without pay will follow the provisions of Section 4 of this Article. The County recognizes that employees who have been subpoenaed by the court must honor such subpoena. D. Employees on County paid leave who attend court for only a portion of a regularly scheduled work day are expected to report to their supervisor when excused or released by the court. E. Employees required to attend court as stated in Paragraph A of this Section, who are on scheduled vacation will either, at the employee's option and with the Department Head's approval, 1) extend their vacation equal to such time spent attending court on behalf of an instruction or order by the County, or 2) reschedule such time in accordance with the vacation policy and Article 23, Vacation Leave. F. All court attendance must be verified before an employee is compensated. Monies received from court appearances shall be turned over to the County, except for travel pay and meal allowance. Section 2. Militarv Leave An employee may request military leave to serve on active duty in an emergency or on required annual duty, and shall be compensated in accordance with State law, provided: A. The employee provides his supervisor with one (l) month's notice in advance, where possible, and copies of orders to active duty. 32 '-' ....,¡ B. Military leave shall not affect an employee's right to vacation or sick leave. Section 3. Leaves under the Familv and Medical Leave Act of 1993 (FMLA) The FMLA establishes the rights of eligible employees to a leave of absence for up to twelve (12) weeks in a twelve (12) month period from their employment for birth, adoption, the care of a family member's serious health condition, or the employee's own serious health condition. It also provides for the continuation of health insurance benefits while on leave and the return of the employee to the same or an equivalent position at the end ofthe leave. The parties state that it is their intention to follow and comply with the FMLA in granting leaves where applicable. Where applicable, an employee's workman's compensation leave will be counted in detennining the total amount ofFMLA leave used by an employee in a twelve (12) month period. Section 4. Leave Without Pay A. The decision to grant a leave without pay (lease of absence) is a matter of administrative discretion, and may only be approved by the County Administrator or his designee. Leaves without pay must be requested by the employee at least two (2) weeks prior to the leave, unless circumstances satisfactory to the County Administrator/designee render advance request impossible. All leave without pay requests must be in writing, and indicate a beginning and an ending date. No leave without pay shall extend beyond ninety (90) days. However, all approved leaves of absence shall be granted in increments ofthirty (30) days or less. Extensions may be granted if requested at least seven (7) days prior to the expiration of the leave, and approved by the County Administrator or his designee. An employee must exhaust all available vacation and/or sick leave, as appropriate, before beginning a leave without pay. B. The following provisions apply to leave without pay status: 1. An employee granted a leave of absence must keep the department infonned of his current activity (school, medical, military, etc.) each time a request for extension of the leave is made. In addition, the employee must keep the department advised of his current address at all times. Failure to comply with these provisions shall result in the employee being dropped from leave of absence status, in which case he must return to duty or be discharged. 2. An employee who obtains either part-time or full-time employment elsewhere while on an authorized leave of absence, may be discharged unless specific approval by the County Administrator/designee is received in advance. 3. An employee granted a leave of absence shall contact the Department Head/designee 33 ...." '<WI at least two (2) weeks prior to the expiration of the leave in order to facilitate the reinstatement process. 4. Failure to return to work at the expiration of the leave shall be considered a resignation. 5. No sick leave or vacation shall be accrued by an employee while he is on leave without pay. 6. An effort will be made to return the employee to the posItion and status held immediately prior to his leave of absence. If the employee's former position is filled, he may be transferred to a position for which he qualifies, subject to the approval of the Department Head and the County Administrator. If no vacancy exists for which the employee qualifies, he will be placed in a layoff status with recall rights pursuant to Article 14, Recall After Lay-Off. 7. The employee will be responsible for the entire cost of his insurance premium while on leave without pay. 8. Leave without pay shall not begin until after the employee has used all existing vacation and/or sick leave_ C. Time spent on leave of absence shall not constitute a break in service. However, the time shall not be credited toward retirement, vacation, sick leave, or toward satisfying the evaluation period. Section 5. Worker's Compensation Leave Payment of worker's compensation to employees who are disabled because of an injury arising out of and in the course of performing their duties with the County shall be governed by the Florida worker's compensation law. A. Full wages will be paid for the day ofthe on-duty injury if disability results, or for that part of the employee's scheduled hours of work for the day of the on-duty injury spent receiving medical treatment. B. An employee who has experienced a disability under Florida's worker's compensation law resulting from a compensable injury may request the Department Director to approve the use of accrued sick or vacation leave, which together with the payment of worker's compensation, shall provide the employee with a salary equivalent to no more than his normal schedule at his straight time rate of pay. The amount of such accrued leave granted to an employee shall be based upon an employee receiving worker's compensation monies from the first day of 34 '--' ~ disability. C. Compensation for the disability will be made in accordance with the Florida worker's compensation law. D An employee on worker's compensation leave shall report to the County, Administrator/designee within the Erst week of every month regarding his health status and prognosis for recovery, unless otherwise directed by the County Administrator/designee. E. An employee on worker's compensation leave shall make himself available for all doctor's appointments. Such an employee shall follow the doctor's orders andJor directions, and shall avoid any activity which may aggravate or exacerbate the illness or injury. F. An employee returning from a worker's compensation leave must present a medical release from his physician certifying the employee's ability to return to work without restrictions or with restrictions acceptable to the County Administrator/designee. G. An employee who obtains part-time or full-time employment elsewhere while on a worker's compensation leave, may be discharged unless specific approval by the County Administrator is received in advance. H. An effort will be made to return the employee to the position and status held immediately prior to his leave of absence. Ifthe employee's former position is filled, he may be transferred to a vacant position for which he qualified, subject to the approval of the Department Head and the County Administrator. If no vacancy exists for which the employee qualifies, he will be placed in a lay-off status with recall rights pursuant to Article 14, Recall After Lay-Off. 1.. Failure to return to work at the expiration of the leave will be considered as a resignation. 1. As stated above in Section 3, an employee's worker's compensation leave, where applicable under the FMLA, shall be included in determining the total amount of FMLA leave used by an employee during a twelve (12) month period. Section 6. Funeral Leave In cases of the death of an employee's mother, father, foster parents, stepmother, stepfather, grandparents, great-grandparents, grandparents-in-Iaw, step grandparents, sister, brother, stepbrother, stepsister, wife, husband, son, daughter, stepchildren, foster children, grandchildren, mother-in-law, or father-in-law, the employee will be allowed a maximum ofthree (3) days paid leave to attend the funeral if held within the State of Florida, or five (5) days paid leave to attend the funeral if held outside of the State of Florida. Funeral leave will be paid at the rate of eight (8) hours per day. The 35 ..... "..,., employee will give his supervisor and Department as much notice as possible prior to such leave. Funeral leave must be approved by the Department Head. Such approval shall not be unreasonably withheld. Section 7. Chan!!:e in Employee's Health Status In order for the County to provide a safe and healthy work place, employees shall immediately infonn the County of any possible change in physical or mental condition resulting from illness, injury, disability, or pregnancy. If, at any time, the County questions the ability of the employee to perfonn his job in a safe and satisfactory manner, the County may request that the employee submit to the County a statement by a physician ofthe County's choice that the employee is physically and mentally able to perfonn all of the duties that thejob requires in amarmer that does not interfere with the safety or health of the employee or any other person. If the physician does not so certify, then the County may place the employee on a leave of absence in accordance with the Sick Leave or Leave Without Pay Policy. Except as otherwise required by law, the County shall not be required to return to work an employee recovering from a non-employment related illness or injury pending receipt of a written statement from his treating physician releasing him to full duty for his position. 36 ... '-' ARTICLE 20 P AID SICK LEAVE Section 1. Full-time employees who have completed their evaluation period shall accrue eight (8) hours of sick leave for each month of service. Part-time employees who have completed their evaluation period shall accrue on pro-rata basis based upon the actual number of hours worked. A part -time employee shall be defined as one who fills a part-time (less than forty (40) hours per week) regularly budgeted position. Temporary employees shall not be eligible for paid sick leave. There will be no maximum on the amount of sick leave an employee may accumulate. For overtime purposes, sick leave will not be considered as time worked. Section 2. Sick leave shall be considered a privilege which will be allowed only in cases of personal illness or disability, including pregnancy, scheduled doctor or dentist appointments, or in the case of illness within the immediate family. Section 3. In order to be granted sick leave with pay, an employee must notify his department as indicated by written departmental policies which are posted or otherwise distributed to employees. Section 4. The County may require medical certification of an employee's absence signed by a physician stating the kind and nature of sickness or injury if such absence exceeds three (3) working days, or if the County feels that the employee has abused the provisions of this article. Use of sick leave when physically fit for duty may result in discharge of the employee. Section 5. When an employee's accumulated sick leave is not sufficient to cover an illness or injury, the employee shall use his vacation leave to help cover time needed for absence from work due to the illness or injury. 37 - - -- \wi """" Section 6. All employees eligible for paid sick leave shall be entitled to tenninal "incentive pay" for accumulated and unused sick leave to be paid to each employee upon nonnal or regular retirement, or tennination or resignation, other than termination for just cause, after six (6) years of creditable and continuous service with St. Lucie County, and to the beneficiary if service is terminated by death, after six (6) years of creditable and continuous service. The payment shall be determined by using the rate of pay received by the employee at the time of retirement, termination, resignation, or death based upon the following schedule: 6 -10 years 10 years or more Not to exceed 240 hours Not to exceed 480 hours This payment shall not be considered in any state retirement system as salary payments, and shall not be used in detennining the average final compensation of any employee or any state administered retirement plan. Except for employees on Family Medical Leave, accnted sick leave shall not be used to determine the date oftennination. Section 7. Pursuant to Section 1-2-16, St. Lucie County Code of Ordinances and Compiled Laws, any employee found guilty in a court of competent jurisdiction of committing, aiding, or abetting an embezzlement or theft from his employer, or of bribery in connection with employment, committed prior to retirement or creditable termination as provided in Subsection 1-2-16(b) , whose employment is tenninated by reason of his admitted committing, aiding, or abetting of an embezzlement or theft from the County or by reason of bribery or for cause, or who prior to a creditable termination or retirement as provided in Subsection 1-2-16(b), is adjudged by a court of competent jurisdiction to have violated any state law against strikes by public employees shall forfeit all rights and benefits under this section. An employee whose employment tenninates as a result of an act committed subject to this section or for cause will not be given credit for unused sick leave accumulated prior to termination should the employee be reemployed at a later date. Section 8. All bargaining unit employees shall be eligible to participate in the Shared Sick Leave Program offered to non-bargaining unit employees. 38 '-' ." ARTICLE 21 SICK LEAVE INCENTIVE Section 1. The employees covered by the Agreement and the Union recognize their obligation to prevent unnecessary absences or other abuses of sick leave privileges. As an incentive for not abusing the sick leave policy, employees may earn extra credit for a vacation in the following manner. Employees who have been employed by St. Lucie County for a minimum of two (2) consecutive years and have unused sick time available, will be entitled to extra paid vacation days as listed in the table below: 120 hours 240 hours 360 hours 480 hours = 600 hours 720 hours 840 hours = 960 hours = 1080 hours = 1200 hours = one (1) extra vacation day two (2) extra vacation days three (3) extra vacation days four (4) extra vacation days five (5) extra vacation days six (6) extra vacation days seven (7) extra vacation days eight (8) extra vacation days nine (9) extra vacation days ten (10) extra vacation days Extra vacation days are limited to a maximum of ten (10) regardless of the amount of sick time that the employee may accumulate over 1200 hours. Section 2. As additional vacation days are taken, they will be deducted from the employee's sick leave accumulation. For the purpose of this Article, a vacation day is considered to be either eight (8) or ten (10) hours depending on the employee's normally scheduled work day, except for part-time employee who will have their time pro-rated. For the purposes of overtime, incentive vacation days will not be considered as time worked. Incentive vacation days must be taken in eight (8) hour or ten (10) hour increments depending on the employee's normally scheduled work day, except for part-time employees whose time will be pro-rated. Section 3. Employee eligibility will be calculated annually as of September 30th each year. Employees will be notified of all incentive vacation days for which they are eligible. Employees must take this time during the following fiscal year ending September 30 or their extra vacation days will be forfeited. 39 ~ ...,¡ Section 4. Subject to the approval of the Department Head and the County Administrator, employees may receive pay in lieu of a vacation day(s). Employee will receive eight (8) hours of pay even if their normally scheduled workday exceeds eight (8) hours, except for part-time employee who will have their pay pro-rated. The hours equal to the pay received will be deducted from the employee's accumulated sick leave. 40 '-" ~ ARTICLE 22 HOLIDAYS Section 1. The following holidays are observed by regular full time employees: New Years Day (January 1st) Martin Luther King, Jr.'s Birthday (3rd Monday in January) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Friday after Thanksgiving Christmas Eve (December 24th) Christmas Day (December 25th) Two (2) Floating HolidaYâ Section 2. Holidays may be granted at the regular, straight time rate of pay to all eligible employees regularly scheduled to work such days, provided that an employee may be required to work on a holiday if necessary to maintain essential services to the public. The County Administrator shall determine when any department or operation will not be closed in observance of a holiday. Section 3. When a holiday falls on a Saturday, the preceding Friday will be designated as substitute holiday and observed as the official holiday for that year. When a holiday falls on a Sunday, the following Monday will be designated a substitute holiday and observed as the official holiday. 41 '-' 'wi Section 4. When a holiday is observed on a day on which an employee is normally scheduled to work, the employee will receive holiday pay for the number of hours the employee would have been normally scheduled to work that day; i.e. if the employee is regularly scheduled to work a ten (10) hour day, the employee will receive ten (10) hours of pay for the holiday; ifthe employee is regularly scheduled to work an eight (8) hour day, the employee will receive eight (8) hours of pay for the holiday. If the holiday is observed on a day on which the employee is not scheduled to work, the employee's holiday will be counted as the first day he would normally be scheduled to work following the date the holiday is observed as indicated above; i.e. if an employee normally works a four (4) day week, ten (10) hours a day schedule Wednesday through Saturday, and a holiday is observed on a Monday, the employee will receive Wednesday off with ten (10) hours pay. If the employee's Department Head/Designee determines, however, that the needs of the department will not permit the employee to have a holiday off, a non-exempt full-time employee will be paid at a rate of one and one-half (1 'li) times his regular hourly rate for all time actually worked on an observed or substitute holiday. A part-time employee who is scheduled to work on a holiday will be paid at his regular rate of pay for all time actually worked on an observed or substitute holiday. A part-time employee who works on an observed or substitute holiday will be entitled to take another day off during that pay period as his holiday and will be paid his regular rate of pay for the number of hours the employee would have been normally scheduled to work that day. A part-time employee shall be defined as one who fills a part- time (less than forty (40) hours per week) regularly budgeted position. Temporary employees shall not be eligible for paid holiday leave. Section S. A. An employee must work or be on active pay status, on the regularly scheduled working day immediately prior to a holiday or designated substitute holiday and the regularly scheduled working day immediately following a holiday or designated substitute holiday in order to qualifY for holiday pay. For purposes of this Agreement, active "pay status" shall refer to periods of time during which an employee is being paid for work performed or period of time during which an employee is being paid for approved leave time such as paid sick leave, paid vacation, paid court time, and while on paid military leave. B. For purposes of computing over-time payments, holidays shall not be counted as time worked. Section 6. A. When a holiday falls on an employee's regularly scheduled workday during the employee's vacation period, that day will not be charged as a vacation day. B. When a holiday falls within a period of leave of absence without pay, the employee shall not be paid for the holiday. 42 '-' ..., Section 7. As set forth above in Section I, each eligible employee shall be entitled to ~ two (2) Floating Holidays per fiscal year (October I - September 30). A Floating Holiday shall be equal to an employee's regularly scheduled work day; i.e., the Floating Holiday for an employee who is regularly scheduled to work an eight (8) hour day will be eight (8) hours. Except in the event of an emergency, an employee must request his Floating Holiday at least seven (7) calendar days in advance. Approval of the request shall be subject to the department's operational needs. If an employee does not use his Floating HolidaYâ prior to the end of the fiscal year, he may not carry it them forward into the next fiscal year. 43 '-' """'" ARTICLE 23 VACATION LEAVE Section 1. Eli~ibilitv and Rate of Accrual Eligible employees shall accrue vacation leave with pay as set forth in this Article. Vacation leave shall be earned on an hourly basis based on an eighty (80) hour biweekly pay period. A part-time employee shall be defined as one who fills a part-time (less than forty (40) hours per week) regularly budgeted position. Temporary employees shall not be eligible for paid vacation leave. A. The basic vacation leave for all full-time employees with less than five (5) years continuous service shall be computed at the rate of ten (10) days per year, accrued biweekly at the rate on.08 hours limited to a cap of 160 vacation hours. The basic vacation leave for all part-time employees with less than five (5) years continuous service shall be computed on a pro-rata basis based upon the actual number of hours worked.. B. The basic vacation leave for all full-time employees with five (5) to ten (10) years of continuous service shall be computed at the rate of fifteen (15) days [one hundred twenty (120) hours] days per year, accrued biweekly at the rate of 4.62 hours and limited to a cap of 240 vacation hours. The basic vacation leave for all part-time employees with five (5) to ten (10) years of continuous service shall be computed on a pro-rata basis based upon the actual number of hours worked. C. The basic vacation leave for all full-time employees with eleven (11) to twenty (20) years of continuous service shall be computed at the rate of twenty (20) days [one hundred sixty (160) hours] per year. The basic vacation leave for all part-time employees with eleven (11) to twenty (20) years of continuous service shall be computed on a pro-rata basis based upon the actual number of hours worked. D. The basic vacation leave for all full-time employees with twenty-one (21) to twenty-five (25) years of continuous service shall be computed at the rate of one additional day per year as follows: 1. Twenty-one (21) years of eligible service - Twenty-one (21) vacation days each year, accrued biweekly at the rate of 6.46 hours and limited to a cap of 335 hours. 2. Twenty-two (22) years of eligible service - Twenty-two (22) vacation days each year, accrued biweekly a the rate of 6.78 hours and limited to a cap of 352 hours. 3. Twenty-three (23) years of eligible service - Twenty-three (23) vacation days 44 '-' """" each year, accrued biweekly at the rate of 6.78 hours and limited to a cap of 368 hours. 4. Twenty-four (24) years of eligible service - Twenty-four (24) vacation days each year, accrued biweekly at the rate of 7.40 hours and limited to a cap of 384 hours. 5. Twenty-five (25) and up years of eligible service - Twenty-five (25) vacation days each year, accrued biweekly at the rate of7.70 hours and limited to a cap of 400 hours. The basic vacation leave for all part-time employees with twenty-one (21) to twenty-five (25) years of continuous service shall be computed on a pro-rata basis based upon the actual number of hours worked. Section 2. Chan:inl: Leave A. Vacation leave may be used as it is earned after completion of six (6) months of service or may be used within twenty-four (24) months from date earned. Any vacation leave not used within twenty-four (24) months from date earned will be considered forfeited and lost, except that when an employee has been denied use ofleave because of the needs of the County, the County Administrator may extend the period during which the leave may be used. B. Vacation leave shall be charged in OIiG liOUl fifteen minute minimum increments. C. For purposes of determining overtime payments, vacation hours shall not be counted as time worked. D. Vacation pay will be at the employee's basic hourly rate of pay. E. Vacation leave shall be used for sick leave in the event accumulated sick leave is not sufficient to cover length of illness or injury. Section 3. Request for Leave A. Except in the event of an emergency or as provided above in Subsection 2.E, an employee shall request vacation leave a minimum of twenty-four (24) hours or a period equal to twice the amount of leave requested, whichever is greater, prior to the start of the leave. Vacation leave may be taken only after approval by the employee's Division Manager or his designee. In the event an employee must be absent due to an emergency, he shall notify his department, division office or supervisor, as set forth in the department's attendance policies, as soon as possible. 45 , tIi!W ..." B Vacation assignments will be made in accordance with the preference ofthe employee if and when, in the opinion of the employee's supervisor, service requirements will permit. If two (2) or more employees request the same vacation time, and the supervisor in his discretion cannot grant all requests, the request of the employee with the most County-wide seniority as defined in Article 13, Section 5.E. will be granted, provided he has made his request at least sixty (60) days in advance. Otherwise, the first request received will be granted. C. In the event an employee wishes to take more than his creditable vacation leave, the employee mayor may not at the discretion of the Department Head/designee, be granted extra leave without pay. Section 4. Payment for Unused Vacation Leave Employees who have completed six (6) months or more service shall, upon leaving the service in good standing, be paid for accrued vacation leave. Any accumulated vacation leave will be paid on the last regular check an employee receives, provided the Finance Department is informed of the termination in time to include it on the last regular check and the termination is not for misconduct. If the Finance Department does not receive the information in time and the termination is not for misconduct, payment for accumulated vacation leave will be made at the end ofthe next pay period. Vacation leave shall not be used to determine the date of termination. 46 , ~ ., ARTICLE 24 DUES CHECK-OFF Section 1. Employees who wish to join the Union and have their dues deducted through the payroll system may authorize the County to make such deductions by using the Union's authorization form. This authorization shall remain in effect until such time as the County has received written notice of revocation of this authorization from the employee. Any employee who notifies the County that he wishes to revoke his dues deduction shall cease to be subject to dues deduction beginning thirty (30) days after the County's receipt of written notice of such revocation. The County's receipt of a written revocation of authorization from an employee shall be sufficient authorization to cease deductions and the County shall incur no liability to the Union in the event the Union does not receive its written notice from the employee. Employees wishing to revoke membership will be advised of the requirement to notify the Union. Section 2. The Union agrees to indemnify and hold the County harmless against any and all claims, suits, orders, or judgments brought or issued against the County as a result of any action taken by the County under the provisions of this Article. Section 3. No deductions shall be made from the pay of any employee for any payroll period in which the employee's net earnings for that payroll period, after other deductions, are less than the amount of dues to be checked off. Section 4. The Union will send an invoice to the County between the 15th and 20th of each month. The amount of dues owed will be the amount determined by using the Union's formula as calculated by the County's computation program. The County shall deduct one-half of the amount calculated from the first two (2) paychecks each month, unless the employee has revoked the authorization. The County shall forward the total amounts withheld and a copy of the Union's invoice to the official and address designated by the Union within ten (10) working days of the second deduction. 47 ~ .., ARTICLE 25 UNION ACTIVITIES Section 1. The County recognizes the right of the Union to appoint or elect Stewards. The number of Stewards shall be no more than as follows: Airport 1 Central Services 2 Parks and Recreation 3 Mosquito Control 1 Public Safety 1 Public Works 3- 2- Solid Waste 1 In addition, the Union may designate one of the above names positions as Chief Steward. The Union shall notify the County Administrator, in writing, of the names of the Chief Steward and Stewards and the areas they are representing at least three (3) days before they assume duty. If such notice has not been given, the County has no duty to recognize the Stewards. Section 2. Stewards shall not spend time on Union business during working hours. Except as otherwise provided herein, any time spent by the Stewards or employees, processing or participating in the grievance procedure shall be non-compensable. Notwithstanding the above, when appropriate and in order to facilitate the scheduling of meetings with the County and resolution of grievances, the County Administrator, in his sole discretion, may grant time off with pay to a Steward to attend grievance meetings with the County. Section 3. Non-employee Union representatives shall be certified, in writing by the Union, to the County Administrator. A non-employee Union representative shall first make his presence known to the County Administrator, or his designee in the County Administrator's absence, at the County Administrator's office, upon entering County premises, and before entering any other County premises or office. No Union representative shall conduct any Union business on County property without receiving the permission of the County Administrator, and no Union representative shall contact any employee during the employee's working hours. In addition to the above, the Union representative shall comply with all applicable rules and regulations of the County concerning visitors. 48 \..i ...." Section 4, The Union agrees that, during the term of this Agreement, its non-employee representatives and Stewards shall deal only with the County Administrator or his designee in matters subject to discussion in this Agreement. This does not prohibit a Steward from addressing the concerns of individual employees with a Supervisor or Department Head. However, no agreements reached with any member of management other than the County Administrator or his designee shall be binding on the County. Section 5. No Union member, agent or representative of the Union, or any person acting on the behalf of the Union may solicit County employees during the working hours of any employee who is involved in the solicitation, nor distribute literature during working hours in areas where the actual work of County employees is performed. 49 '-" ..." ARTICLE 26 GRIEVANCE PROCEDURE Section 1. A grievance is defined as an alleged violation of a specific provision ofthis Agreement or a belief by the employee that he has been unjustly disciplined or discharged in a manner inconsistent with the Code of Workplace Conduct for all County employees during the term of the Agreement. Such discipline or discharge notices shall be in writing. Section 2. This formal grievance procedure is not intended to foreclose or prevent an employee ÍÌ'om informally discussing any matter with a supervisor. Such an informal discussion will not be classified as a grievance under this Article. The following procedure shall be followed in presenting a grievance to the County: Submission of Grievance. If an employee feels he has a grievance as defined above, he shall, within five (5) working days after the employee had knowledge, or reasonably should have had knowledge of its occurrence, present the grievance in writing to his Division Manager, Department Head, or the Personnel Coordinator/designee, or the grievance shall be considered waived. The written grievance shall name the employee involved, shall contain a complete and detailed statement of the facts giving rise to the grievance (including the date of occurrence and other employees involved), shall specifically identify all of the provisions of this Agreement alleged to be violated, and shall be signed and dated by the employee and a Union steward or Business Representative. In the event the grievance does not contain a complete and detailed statement of the facts giving rise to the grievance (including the date of occurrence and other employees involved), the County may return the grievance to the Union Business Representative with the deficiencies noted. If the Union chooses to pursue the grievance, the Union Business Representative shall return the properly completed grievance to the County Employee and Labor Relations Manager within ten (10) working days of his receipt of the grievance from the County. If the Business Representative does not return the completed grievance within the ten (10) working days, the grievance will be considered withdrawn. Step One. Within five (5) working days from the County's receipt of a completed grievance as provided above, the Union Business Representative and the County Employee and Labor Relations Manager will schedule a date for the Step One meeting. The meeting will be held between the Department Head/designee, Human Relations Director and/or Employee and Labor Relations Manager, the grieving employee and jf tk c.mployc.e requests, a Union Steward and/or the Union Business Representative. Representatives 0 f the Co unty Attorney and the U ni on's attorney may also attend the meeting. The County will submit the Department Head/designee's written answer to the 50 '-" ..., Union Business Representative within ten (10) working days after date of the meeting. If the grievance is not satisfactorily adjusted or an answer is not given within the time limits, the Union or employee, if not represented by the Union, may submit the grievance for review under Step Two. Such notice shall be submitted to the Personnel Coordinator/designee. In discharge cases, the employee may skip Step One and initiate his grievance at Step Two, so long as he does so within five (5) working days after the discharge and follows the other requirements of Step Two. Step Two. Ifwithin ten (10) working days after the service of the answer in Step One;-the answer is not accepted by the grievant or the Union, the Union Business Representative shall contact the Human Resources Director to schedule a Step Two meeting. Ifthe grievance is not submitted for review under Step Two within the time limits stated above, it shall be considered settled and waived. The meeting will be held between the grieving employee, the County Administrator/designee, Human Resources Director and/or Emplovee and Labor Relations Manager, a Union steward and the Union Business Representative. Representatives of the County Attorney and the Union's attorney may also attend the meeting. The County Administrator or his designee will submit the County's answer to the grievance to the Union Business Representative within ten (10) working days following the meeting. Section 3. The time limits set forth in this Article may be extended by the joint written consent of the County and the Union or the employee if he is representing himself. For computing working days in this Article, working days shall be defined as Monday through Friday excluding observed holidays. If a deadline under this Article falls on a Saturday, Sunday, or observed holiday, the deadline will be extended to the next working day. Section 4. Only individual grievances may be filed and the County need not consider group or multiple grievances. A class grievance, however, may be considered by the County and resolved as if one grievance. A class grievance shall be defined as a dispute which concerns two (2) or more employees within the bargaining unit arising out of the same set offacts and circumstances and alleging the same violation of a specific provision of this Agreement. Section 5. Any grievance not advanced to the next step by the grievant within the time limit in that step shall be deemed abandoned. Ifthe County fails to meet the time limits established for scheduling Step One meetings and providing grievance answers, without mutual agreement to extend such time limits, the grievance shall automatically advance to the next step in the grievance procedure. 51 "-' ..."" Section 6, The grievant shall be present at each step of the grievance procedure. The grievance procedure may be used by both Union members and non-members, however, the Union is not obligated to represent non-members. The grievant shall have the right to present his own grievance to the designated representative of the employer and to have such grievance adjusted without the intervention of the Union, so long as the adjustment is not inconsistent with the terms of the collective bargaining agreement and if the Union has been given reasonable opportunity to be present at any meeting called for the resolution of such grievance. The County shall submit the written response to both the grieving employee and the Union Business Representative. Section 7. A grievance which has been processed in accordance with the grievance procedure, but which has not been settled in Step Two, may be submitted to arbitration subject to the requirements of Article 27, Arbitration. Section 8 All discipline and discharge notices shall be filed in a grievance file maintained in the Personnel Department until the grievance has been resolved. A notice that there is a matter relating to the employee in a current grievance file may be placed in the employee's personnel file pending resolution of the grievance. If the grievance is resolved in favor of the employee, the notice of the pending grievance shall be transferred to the grievance file. If the discipline or discharge is upheld, the discipline or discharge notice shall be placed in the employee's personnel file. If a grievance is not filed within five (5) days after the date the employee receives the discipline or discharge notice, the notice shall be removed from the grievance file and placed in the employee's personnel file. 52 '-' """'" ARTICLE 27 ARBITRATION Section 1. A grievance which has been processed in accordance with the grievance procedure, but which has not been settled in Step Two, may be submitted by the Union to arbitration. An individual may only take a grievance to arbitration if the Union declines to represent him in the arbitration process because he is not a member. The request to arbitrate must be given in writing to the County Administrator, in accordance with Article 3, Correspondence, within seven (7) calendar days following the answer, or the expiration of the time for such answer in Step Two. If such notice is not received as herein set forth, such grievance shall not be subject to arbitration. Except by mutual written agreement ofthe Union and the County, an arbitration hearing shall be limited to a single grievance. In no event shall arbitration be available subsequent to the expiration of this Agreement, provided, however, that a grievance made arbitrable by a specific provision of this Agreement which is in process when this Agreement expires may continue to be processed through the grievance procedure and submitted to arbitration pursuant to this article. Section 2. The parties shall jointly furnish to the arbitrator a written submission of the issue or issues to be decided. Ifthe parties after reasonable consultation are unable to agree upon such a submission, each party may file its version of the issue or issues to be decided, and based thereon, the arbitrator shall determine the scope of the issue(s), but in no case shall the issue be broader or extend beyond the issue presented in the original written grievance. Section 3. The decision of the Arbitrator must be within the scope of his authority, as set forth herein. A. The arbitrator shall confine himself to the facts developed at the hearing and which are directly related to the matter at issue. B. The arbitrator's decision shall be based on the specific language of the Agreement. The arbitrator shall not have the power to add to, subtract from, disregard, or modify any terms or conditions of this Agreement. C. In making his ruling, the arbitrator shall have due regard for the essential and proper rights and responsibilities of management and shall not interpret this Agreement so as to further restrict or limit those rights and responsibilities. 53 "'" ...", D. The arbitrator's decision shall not infringe upon the collective bargaining process. E. If the arbitrator finds he lacks authority to rule on the grievance, the matter shall be referred back to the parties without decision or recommendation. Section 4. If the parties are unable to agree to a neutral arbitrator within five (5) days from the date the request to arbitrate is received, either party may request the Federal Mediation and Conciliation Service to submit a list of seven (7) arbitrators, fTom which to select the arbitrator. The parties shall alternately strike names from the list, with the person requesting arbitration striking first; and, this process shall be repeated until only one (1) name remains. The person whose name remains on the list shall be the arbitrator. Should either party fail to make its strikes in the proper sequence within thirty (30) days following receipt of the panel, the other party may select the arbitrator from the names remaining on the panel. Ifno name on the first list supplied by the Service is acceptable to a party, that party may request a second list, provided that before making any strike from the first list, it notifies the other party, in writing, and provided that the request for second list is made no more than ten (10) days following receipt of the first list. No additional lists may be sought after the second list without mutual agreement of the parties. Section 5. The arbitrator so selected shall hear all of the evidence to be presented by both parties and shall render his decision, in writing, thirty (30) days from the date of the hearing. His decision shall be final and binding upon the County, the Union, and the affected employee. If a decision of the arbitrator provides for retroactivity, it is agreed that retroactivity may not extend back beyond the date that is used for determining whether a grievance is timely filed as defined in Article 26, Section 2, Grievance Procedure. All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any compensation that he may have received from any source during the period of the back pay, exclusive of any collateral source of compensation being earned prior to the date the alleged grievance occurred. No decision in anyone case shall require a retroactive wage adjustment in any other case. Section 6. The fees and expenses of the arbitrator shall be shared and paid equally by the parties to this Agreement. All other expenses of preparing and presenting its case, including payment of wages for employees while attending the hearing, shall be borne by the party incurring them or making the request. Should either party cause a transcript to be taken, the party requesting the transcript will pay the full cost of the transcript, but shall not be required to furnish a copy to the other party. If both parties request a transcript, the cost shall be equally divided between the parties. 54 '-" ....., Section 7. Unless otherwise agreed, the arbitration hearing will be held in St. Lucie County or in the vicinity. Section 8. In the event of any breach of the provisions of the Continuity of Operations article hereof, the Employer may avail itself of any remedy through appropriate Courts or goverrunental agencies for redress of that breach without regard to the grievance and arbitration provisions hereof. 55 ~ .., ARTICLE 28 CONTINUITY OF OPERA nONS Section 1. The Union agrees that there will be no strikes as defined in Section 2 herein and such activity shall constitute a breach of contract. The term includes not only activities directed against the County, but action done in support of or sympathy with other employees or unions. The Union supports the County fully in maintaining normal operations. It is recognized by the parties that the County is responsible for and engaged in activities which are the basis of the health and welfare ofthe citizens, that any violation of this Article could give rise to irreparable damage to the County and to the public at large. Accordingly, it is understood and agreed that in the event of any violation of this Article, the County shall be entitled to seek immediate injunctive relief as well as any other relief it is entitled to under law. The County agrees not to engage in a lockout during the term of this Agreement. Section 2. The term "strike" shall mean the concerted failure of employees to report for duty; the concerted absence of employees from their positions, the concerted stoppage of work by employees; the concerted submission of resignations by employees; the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of the duties of employment with a public employer for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment or the rights, privileges, or obligations of public employment, or participating in a deliberate and concerted course of conduct which adversely affects the services of the public employer; the concerted failure of employees to report for work after the expiration of a collective bargaining agreement; and picketing in furtherance of a work stoppage. The term "strike" shall also mean any overt preparation, including, but not limited to the establishment of strike funds with regard to the above listed activities. Section 3. It is agreed that any violation of this Article shall be grounds for discipline including discharge and shall not be grievable except to determine if the violation did in tàct occur. Section 4. The Union agrees that in the event of any strike, as defined in Section 2, a responsible official of the Union shall promptly and publicly disavow such strike and order the employees engaged in such activity to return to work. 56 '-" ..., ARTICLE 29 SUBCONTRACTING Section 1. Subcontracting shall mean for the purpose of this Agreement, work which will be contracted out by the County to another agency, persons, company, group, etc., which results in the direct displacement (lay-off) of bargaining unit employees. Section 2. The County reserve the right to subcontract work. Should subcontracting occur which will result in regular bargaining unit employees currently on the payroll being laid off, the County agrees to notifY the Union when the request to subcontract is put on the County Commission agenda. The Union reserves the right to appear before the County Commission and express its position to the County Commission for consideration at the time the Commission considers the subcontracting agenda item. If employees are laid off due to subcontracting, they shall have the rights provided under Article 13, Section 5, Separations, Reduction in Force. 57 '-" ...., ARTICLE 30 BULLETIN BOARDS Section 1. The County will furnish space for the Union to place one bulletin board at each location where the County has an official bulletin board. The Department Head will approve the exact location for placement of the bulletin board within his facility, except that the County Administrator or his designee shall approve placement in the Administration Building. Union bulletin boards may be no larger than 20 inches by 30 inches. Section 2. All notices placed on such bulletin boards shall relate solely to official Union business. Notices posted shall not contain derogatory, defamatory, inflammatory, or untrue statements about the County or any of its officials. Bulletin boards shall not be used to communicate with the general public, to distribute political matter, or for advertising. All notices shall clearly state that they are "Teamster Notices" and shall be signed and dated by the Union Business Representative or Chief Steward who will accept full responsibility for their content. Section 3. The Union Stewards shall check all bulletin boards at reasonable intervals to insure that no unauthorized materials have been posted. If unauthorized materials have been posted or ifthe Union Chief Steward has been notified that bulletin boards contain unauthorized materials, the Union Chief Steward shall cause such unauthorized materials to be removed immediately. 58 '-" ...., ARTICLE 31 UNIFORMS Section 1. The County will furnish to employees required to wear a uniform set comprised of a collared shirt and/or t-shirt a pair of pants and/or shorts for each day the employee is regularly scheduled to work in a workweek. Each department shall determine the type of uniform( s) appropriate for its employees. It is understood that such uniforms are not to be worn except while employees are on the job and while traveling to and trom the job each work day. Employees shall be responsible for laundering the uniform, except for certain positions designated by the County. Employees shall wear no hats or caps except those furnished by the County, and employees are encouraged to wear such cap or hat when working outside. Except as provided herein, the County is not required to replace caps or hats more than twice during a fiscal year. Uniforms and/or hats which are damaged to the point of being unwearable due to normal laundering and/or normal wear and tear may be replaced by the County at the request of the employee upon returning the damaged article to the County. Section 2. Any employee who is supplied uniforms shall be required to wear such uniform while working. Any such employee who reports to work not wearing a uniform shall be sent home without pay and shall not be permitted to work until he returns to work wearing his prescribed uniform. Section 3. Tools and equipment which are normally supplied by the County will be used properly and carefully by the employees who require them in the work. It is the responsibility of the employee to use and secure such tools and equipment in such a manner as to minimize the potential for loss or theft. 59 '-'" ...., ARTICLE 32 WAGES Section 1. Except as otherwise provided below, each bargaining unit employee, including those employees in an evaluation period as the result of a promotion, shall receive a three percent (3%) increase in his regular rate of pay effective October 2. 2005. If an employee is at the top of the pay range for his position or the increase will exceed the top of the pay range for his position, he will receive the full amount of the increase, but the pay range for his position will not be affected as a result of his increase. Employees who are in their initial evaluation period ("new hires") shall not be eligible for such three percent (3%) increase. Section 2. Upon promotion to a higher pay grade, each bargaining unit employee shall receive a five percent (5%) wage increase or the bottom of the pay range for the new position, whichever is greater. Section 3. Except as otherwise provided in Article 15 (Transfers) and Article 16 (Promotions), upon satisfactory completion of the evaluation period, an employee shall receive a five percent (5%) wage increase, effective with the first payroll period after completion of the evaluation period. 60 '-'" ....". ARTICLE 33 RETIREMENT The County will continue to maintain its participation in the Florida Retirement System for all employees covered under this Agreement as provided by Florida Statute and Florida Administrative Code. 61 '-" ..., ARTICLE 34 PRINTING AGREEMENT This Agreement shall be printed within a reasonable time by the County. The County shall provide to the Union 165 copies and the Union will be responsible for any additional requests for copies. Each employee coming within the scope of this Agreement shall be entitled to receive one copy from the Union upon request. 62 ~ ..." ARTICLE 3S GENERAL Section 1. Masculine pronouns used herein shall refer to men or women or both. The use of masculine job classification titles shall be construed as including both genders. Section 2. Members of management will not be regularly assigned the same work as that regularly performed by members of the bargaining unit. Further, this does not limit management from regularly performing such work which is incidental to their managerial responsibility. This provision shall not apply to actual or declared emergencies. Section 3. Unless otherwise stated in this Agreement, references to "days" shall mean calendar days and not work days. Section 4, The term "Department Head" as used in this Agreement is defined as the level of administrator in the employee's department or division who reports directly to the County Administrator. Section 5. The parties acknowledge that during the negotiations which resulted in this Agreement, each had unlimited right to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining. They, therefore, each voluntarily and unqualifiedly waive the right for the term of this Agreement to bargain collectively with respect to any matter referred to or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered by this Agreement. This Agreement represents the entire agreement between the parties and no other agreements or practices are binding upon either party hereto with respect to wages, hours, or working conditions of the employees covered hereby. The County shall not be obligated to continue any benefits or employee practices which is has given or engaged in prior to the execution of this Agreement unless such benefits or practices are specifically set forth in this Agreement, and past practices of the County will not be considered in interpreting this Agreement. 63 '-'" ...." Section 6. It is further understood and agreed that neither party hereto has been induced to enter into this Agreement by any representations or promises made by the other which are not expressly set forth therein and that this document correctly sets forth the effect of all preliminary negotiations, understandings and agreements and supersedes any previous agreement, whether written or verbal. This Agreement constitutes the entire agreement and understanding between the parties and shall not be modified, altered, changed or amended in any respect except on mutual agreement set forth in writing and signed by both parties. 64 '-' ~ ARTICLE 36 SAVINGS CLAUSE If any article, section, or provision of this Agreement should be found invalid, illegal or not enforceable by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and etlect for the duration of this Agreement. If such action occurs, the County and the Union shall meet within thirty (30) days for the purpose of negotiating a mutually satisfactory replacement for such provision. 65 v ..., ARTICLE 37 DURATION OF AGREEMENT Except as otherwise provided in Article 32, the provisions of this Agreement shall be effective as of October 1,2005 and shall continue and remain in effect through Sel(tember 30, 2006. 66 '-'" .." ARTICLE 38 DISCIPLINE AND DISCHARGE Except as otherwise provided in Article 12 (Evaluation Period). no employee covered bv this Agreement shall be discharged or disciplined without just cause. All notices of discipline and discharge shall be in writing and signed bv the applicable Department Head or his designee. An original of the disciplinary notice shall be presented to the employee who shall acknowledge in writing that he has received the notice. Notice ofthe disciplinary action shall recite with oarticularitv the action being taken and the reasons for the action. The Human Resources Department shall provide a copy of the disciplinarv notice to the Union. Subiect to the provisions of Article 12 (Evaluation Period) and Article 26 (Grievance Procedure), the disciplined employee shall have the right to grieve the disciplinarv action. including discharge. 67 "'" ...., IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates set forth below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TEAMSTERS LOCAL UNION NO. 769 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS BY: PRESIDENT DATE: BY: BUSINESS AGENT 68 ~. ~ """ AGENDA REQUEST ITEM NO. ~e- DA TE: September 27, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Spet"razza Lueke Assistant County Attorney SUBJECT: Weekend Work Program - Fourth Amendment to March 4, 1997 Interlocal Agreement with the Sheriff BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve the proposed Fourth Amendment and authorize the Chairman to sign the Amendment. [~ APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Comm. Coward Absent COMMISSION ACTION: ~' Review and Approvals County Attorney: Management & Budget Purchasing: 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: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 05-1605 DATE: September 23, 2005 SUBJECT: Weekend Work Program - Fourth Amendment to March 4, 1997 Interlocal Agreement with the Sheriff *********..****..***************.***.***********.***.*****._****.****...*..... BACKGROUND: On March 4, 1997. the Sheriff and the County entered into an Interlocal Agreement wherein the parties agreed to implement a weekend work program for County public works projects utilizing the services of County inmates in the custody of the Sheriff. On March 1, 2000. the parties entered into a First Amendment which reflected an increase in the hourly rate to deputies and supervisors for off-duty detail. On December 18,2001. the parties entered into a Second Amendment which reflected an increase in the overtime rate paid to deputies and supervisors. On June 28, 2005, the parties entered into a Third Amendment which changed the language of the contract to pay the Sheriff's office directly. The parties now wish to amend the Agreement to reflect an increase in the overtime rate paid to deputies and supervisors effective October 1, 2005. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve the Fourth Amendment to the March 4, 1997 Interlocal Agreement with the Sheriff and authorize the Chairman to sign the Agreement. Respectfully submitted, Heather Sperrazza Lu e Assistant County Attorney ; ....... ...." FOURTH AMENDMENT TO MARCH 4, 1997 INTERLOCAL AGREEMENT THIS FOURTH AMENDMENT is made this _ day of ,2005, between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" and the ST. LUCIE COUNTY SHERIFF, hereinafter referred to as "Sheriff'. WHEREAS, on March 4, 1997, the County entered into an Interlocal Agreement with the Sheriff, referred to as the "Agreement," which was recorded in Official Records Book 1068 at page 752, of the public records of St. Lucie County, Florida, wherein the parties agreed to implement a work program for County public works projects utilizing the services of County inmates in the custody of the Sheriff; and, WHEREAS, effective March 1, 2000, the parties entered into a First Amendment to the Agreement which reflected an increase in the hourly rate paid to deputies and supervisor for off duty detail which was recorded in Official Records Book 1293 at page 2457 of the public records ofSt. Lucie County, Florida; and, WHEREAS, effective December 18,2001, the parties entered into a Second Amendment to the Agreement which reflected an increase in the overtime rate paid to deputies and supervisors effective January 1,2002; and, WHEREAS, effective June 28, 2005, the par):ies entered into a Third Amendment to the Agreement which permitted the County to forward payment to the Sheriff for such services; and, WHEREAS, the parties now desire to further amend the Agreement to reflect an increase in the overtime rate paid to deputies and supervisors effective October 1, 2005. g :Iattylagreemntlinterloclsheriff-inmates_ wpd -1- I '-' ....I NOW, THEREFORE, in consideration of their mutual covenants and promises, the parties agree to amend the Agreement as follows: 1. Paragraph 2 of the Agreement shall be amended to read as follows: 1. County Responsibilities. The County shall provide wòrk assignment(s) to be utilized by the Sheriff for the weekend work program in an amount equal to twenty- seven and 00/1 00 dollars ($27.00) per hour per deputy with a three (3) hour minimum per day. In the event a supervisor is required to be on site, the rate shall be thirty and 00/100 dollars ($30.00) per hour with a three (3) hour minimum per day. The County shall directly forward payment to the Sherifffor such services. 2. All other tenns and conditions of the Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Fourth Amendment on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESS: ST. LUCIE COUNTY SHERIFF BY: Ken Mascara g: latt y\agreemnt linlerloclsheriff- inmales. wpd -2- .... "wII Item No. 3A DATE: 09/27/05 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Grim Code Compliance Manager SUBMITTED BY (DEPT): Public Works-Code ComDliance SUBJECT: Request approval from the Board of County Commissioners to accept proposal from Municipal Software not to exceed $37,240.00, BACKGROUND: On Sept. 20, 2005, the Board of County Commissioners approved the implementation of Port St. Lucie Impact Fee Collection Program. Currently, the City of Port St. Lucie, FL collects impact fees on behalf of St. Lucie County. After October 1,2005, Port St. Lucie will no longer collect these fees and it will be the responsibility of St. Lucie County to collect these. St. Lucie County requires an automated process to be developed in CityView which will; periodically record the permits issued by Port St. Lucie for new residential construction, new commercial construction and commercial additions; generate notification of impact fees to the property owners; record collection of impact payments; generate notices of liens for overdue payments, and generate reports of impact fee payments for posting to the General Ledger. FUNDS WILL BE MADE AVAILABLE: 150-1300-568000-100 - General Administrative Fee 150-1300-229035-100 - Road Impact Fee Pt. St. Lucie 150-1300-229036-100 - Public Bldg C 150-1300-229037-100 - Public Bldg 0 150-1300-229038-100 - Parks Impact Fee Pt. St. Lucie PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize equipment request # 06-208, Budget Amendment BA06-1 00, and the proposal from Municipal Software to pay for the collection of County Impact Fees from the City of pt St. Lucie. Other~?: Purchasing: 6/~ COMMISSION ACTION: KApPROVEDD DENIED Approved 4-0 o OTHER: Comm. Coward Absent Co",ty Attom.¿ OriO;''';'O D.p"~".I ® Review and A Other: Finance: Check for copy only, if applicable: -,j ...... ....., AGENDA REQUEST ITEM NO, C-38 DATE: September 27, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 Michael Powley, P.E. County Engineer SUBJECT: Request for a Public Hearing on Florida Rock Mine - South Plant mining permit application (Renewal). BACKGROUND: See attached memorandum. FUNDS A VAIL.: N/A. PREVIOUS ACTION: August IS, 1985: Board approved a Class II Permit for a period of20 years to Mable Groves, Ltd. 1989: Board approved a transfer of the mining permit to Florida Aggregates Intergroup, Inc. December 11, 1996: Board approved a transfer of the mining permit to Florida Rock Industries, Inc. April 3,2001: Board approved the closing of the southern pit. RECOMMENDA TION: Staff recommends Board approval for a public hearing date of November I, 2005 at 6:00 P.M or soon there after to consider the request of the Florida Rock Mine - South Plant mining permit application. IX APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: Approved 4-0 Comm. Coward Absent Doug nderson County Administrator ~/ Coordination/S¡I!natures (x]County Attorney (x]Originating Dept. Public Works Mv p~ Þr?W [ ]Mg!. & Budget [x ]Env. Res. Dep_ \. Yvì'v13 ( ]Finance Dept_ [ ]BudgetJRevenue Coord_ - " ..... -wi DIVISION OF ENGINEERING MEMORANDUM 05-224 TO: Michael Powley, County Engineer FROM: Michael Harvey, Engineer Intern DATE: September 19,2005 SUBJECT: Florida Rock Mine - South Plant Eææ===:=æææææææææ:::::ææ=æ==ææææEæææææææ:ææ:æææ=-_ææ::æ==:æ=--æææ:=---==ææææ:ææ The Florida Rock Mine - South Plant is located in southern St. Lucie County along Range Line Road. This is not related to the mining permit for the Florida Rock - North Plant which was approved on October 5, 2004. The original permit for this particular operation consisted of two mining pits, a southern pit and a northern pit. The southern pit was properly closed out on April 2, 200 I. Both were considered part of the South Plant. The permit for both pits was issued on August 15, 1985 and expired on August 15,2005. The permittee is requesting another 20-year permit for the remaining pit. It< ~. '-' """ AGENDA REQUEST ITEM NO. C-3C DA TE: September 27, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOA!UJOF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION 4115 , Michael Powley, P.E. County Engineer SUBJECT: Award construction materials testing to Dunkelberger Engineering & Testing for the Indian River Drive Phase II Project in the amount of $90,098. BACKGROUND: See attached memorandum. FUNDS A V AILABLE: Funds will be made available in 101106-4115-531000-4904 USDA (NRCS) Emergency Watershed - Eng P/W. PREVIOUS ACTION: April 5, 2005- Board approved permission to advertise Invitations to Bid for construction of Phase II. May 24, 2005 - Board approved to award the construction to Vila & Son Landscaping Corp in the amount $5,145,212, RECOMMENDATION: Staff recommends award of construction materials testing to Dunkelberger Engineering & Testing for the Indian River Drive Phase II Project in the amount of $90,098 and authorization for the Chairman to sign the contract as prepared by the County Attorney. 01. APPROVED [ ] OTHER [ ] DENIED Approved 4-0 Comm. Coword AbIent CONCUR~CE: ,/ If/.. Douglas Anderson - County Administrator [x] ProJ Man. ~ [x] Env. Res. Dep. .: .' COMMISSION ACTION: [x] County Attorney [x] Originating Dept. Public Works [ ] Purchasing (Check for copy only, if applicable) u [x] Mgt. & Budget 0Å1.1~ YV [x] Fiscal Coor. ~ ~, 1 '-' ...",I DIVISION OF ENGINEERING MEMORANDUM 05-225 TO: Michael Powley, County Engineer FROM: Michael Harvey, Engineer Intern DATE: September 19,2005 SUBJECT: Indian River Drive Phase II The County began working on revegetating Indian River Drive in June of 2005. Dunkelberger Engineering & Testing is currently assisting with Phase I and as such are the best candidate for Phase II of the project. Because of the accelerated nature of this project's timeline, it was overlooked that these services were never presented to the Board. This work authorization is to pay for those services to the end of construction. ') '-' 'WI WORK AUTHORIZATION NO. 20 C03-10-686 W.A. #20 PROJ: 4914 S. INDIAN RIVER DR. PH II REVEGATION - SOIL TESTING Pursuant to that certain Agreement between County and Engineer for Professional Services for Continuing Soil Testing Services, (the "Agreement" (Contract No. C03-10- 686) between St. Lucie County (the "County") and Dunkelberger Engineering & Testing, Inc., (the "Engineer") dated October 14,2003, the Engineer agrees to perform and successfully complete the scope of work as set forth in the Engineer's Agreement and more particularly described in the attached Exhibit "A", the County agrees to compensate the Engineer the amount not to exceed Ninety thousand ninety-eight ($90,098.00) dollars. All work under this Work Authorization No. 20 shaH be completed on or before December 3 I, 2005 (or refer to schedule Exhibit "A", if appropriate). IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN WITNESS: DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY DATE: WITNESS: DUNKELBERGER ENG. & TESTING, INC BY: (Type or print name/position) DATE: · \.,f DATE: WORK AUTHORIZATION: PROJECT: FIRM: TIME OF PERFORMANCE: SCOPE OF WORK: ....I Exhibit "A" July 27,2005 No. 20 S. Indian River Dr. Ph II - Revegation Dunkelberger Engineering & Testing, Inc. On or before December 31, 2005. Perform soil testing services on the S. Indian River Dr. Ph II - Revegation project on an as needed basis. .i/~ - ~' '-' ...., ITEM NO. C-3D DATE: September 27,2005 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Approval of Work Authorization No.3 (Contract C03-09-708) with Inwood Consulting Engineers, Inc. for engineering services for the Weatherbee Road and U.S. 1 Intersection Improvements project in the amount of $6,600 for modification to the plans. Michael V. Powley, P.E. County Engineer BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds will be made available in 10 I 006-4116-563005-4407 (Transportation Trust / Impact Fees). PREVIOUS ACTION: June 15, 1999 - Board approved the Work Authorization for the design, pennitting, and signalization at the Weatherbee Road and U.S. I intersection in the amount of$38,995. November 12, 2002 - Board approved the Work Authorization (Contract COO-1O-106) for additional survey and design work to identify property for R/W acquisition along Weatherbee Road in the amount of $33,045. January 20, 2004 - Board approved the First Amendment to Work Authorization (Contract COO-I 0-1 06) for the boundary survey for the partial parcel that is being acquired at Weatherbee Road and U.S. 1 in the amount of$2,854. RECOMMENDATION: Staff recommends the Board approve Work Authorization No.3 (Contract C03-09-708) with Inwood Consulting Engineers, Inc. for engineering services for the Weatherbee Road and U.S. 1 Intersection Improvements project in the amount of$6,600. ~ZNCE: IX APPROVED [] DENIED _~ [] OTHER Approved 4-0 Douglas Anderson Comm. Coward Absent County Administrator [x] County Attorney . [x] Mgt & Budget ~ '~ [xl Purchasing [x] Originating De.Pt. j?ublic Works ftAVfr'" OOw [x] Project Man. H [x] Fiscal COOL [x] Finance . ¡ /L '--___. - (Check for copy only. if applicable) ~-,(-\ COMMISSION ACTION: \.~~ ß".'" ---- '-' ...., " DIVISION OF ENGINEERING MEMORANDUM 05-227 TO: Michael Powl~y, P.E. - County Engineer FROM: Michael Harvey, E.I. - Engineer Intern DATE: September 19, 2005 SUBJECT: Weatherbee Road & U.S. 1 Intersection Improvements In January 2004 the final design plans for the Weatherbee Road and U.S. 1 Intersection were completed. The Board awarded the project in June 2004 to Ranger Construction. Due to the hurricanes construction did not begin until May 2005. During construction a property owner who rronts U.S. 1 approached the County. A concrete flume had been constructed within the area he uses to access Weatherbee Road. He provided documentation indicating that he had purchased several years prior an easement from the owner of the parcel on the southwest comer of Weatherbee Road and U.S. 1 allowing him access to Weatherbee Road. This easement was not recorded until June 2005. Work Authorization No.3 with Inwood Consulting Engineers is for modification to the plans. The concrete flume will be relocated and a driveway will be constructed within the easement. ~ '-' ""'" ~ WORK AUTHORIZATION NO.3 Engineering Services Roadway and Intersection Design C03-09-708 Weatherbee Road Project Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Inwood Consulting Engineers, Inc. (the "Engineer") dated September 9, 2003, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed as quickly as possible due the project being currently under construction. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY EN9~NEER "\l r '-----~ \ '!. / BY: - N~c) ]¿\.'~ Print Name: David G. Coleman Inwood Consulting Engineers, Inc. Date: 09 - 19 - Q 5 '- ...., EXHIBIT "A" SCOPE OF SERVICES Article I Proiect Description The COUNTY hereby retains the ENGINEER to furnish Engineering Services for the following development: 1. Redesign drainage structures, pipes and other improvements necessary to locate a concrete drive in the location of an existing dirt drive on the southwest quadrant of Weatherbee Road and US 1. The above described improvements are hereinafter called the PROJECT. Article II Services bY Enoineer The consulting services that the ENGINEER shall furnish to the COUNTY shall consist of revision of existing construction plans, coordination with the COUNTY and site visits to confirm the design conditions are consistent with the existing survey. Task 1 - Site Visit The ENGINEER will visit the site and photograph the existing conditions for documentation of pertinent design issues and existing conditions. It is expected that the existing conditions do not differ greatly from the survey information included in the existing plans. If it becomes apparent that existing conditions are different than the survey information, the ENGINEER can provide this service under a separate work authorization. Task 2 - Coordination and Comments Resolution The ENGINEER will coordinate the design with the COUNTY to ensure locations of improvements are consistent with the COUNTY's desires. Based on comments from SCOPE. DOC Page 1 '-' ...I the COUNTY and requests for information from the Contractor, the ENGINEER will research and resolve design issues with the plans. Task 3 - Plans Revision The ENGINEER will revise the construction plans and provide new Roadway Plan, Sheet NO.6 and new Cross Sections, Sheets No. 11 and 12. Earthwork quantities will be recalculated and revised Cross Sections, Sheet No. 20 will be provided. Article III County's Responsibilities A. The COUNTY'S responsibilities include the following: 1. Coordinate the COUNTY requirements for the PROJECT with the ENGINEER, Article IV Compensation and Payments to the Enaineer A. Payment for Enaineerina Services The COUNTY will pay the ENGINEER a lump sum of SIX THOUSAND, SIX HUNDRED DOLLARS ($6,600.00) for Engineering Services. (See attached Exhibit "8" - Fee Proposal.) Compensation for these services shall be billed by the ENGINEER and paid by the COUNTY not more than once per month in progress payments in proportion to services performed. SCOPE DOC Page 2 ¡o I- m :E >< w '-' (I) w !.! > a: w...J (1)« <:)(1) ~o a: II. wO wa: zll. Ciltl ZLL w ...J « Z ¡¡: .. " ~ 0 fi¡ ;! '" i :r. &11 N N '" eO: l 0 ! . :ö .. > c .2 8 8 8 ... 1~ ~ ~ ~ $ g N ;; ~ . u> .. ~1i .. .c :: ~ .t el, ~i :!! ;! ~ .. . .c :I . :; 0: 8 8 8 I .. . 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C-3e DATE: September 27,2005 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] SUBMITTED BY (DEPT.): ROAD & BRIDGE DIVISION (4108) TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Approve Resolution No_ RES 05-370, Equipment Request EO 05-377, and Budget Amendment BA 05-194 to purchase a 2006 Freightliner Dump Truck from Freightliner for $ 89,761.58 for the Road & Bridge Drainage Operations Section. BACKGROUND: The Drainage Operations Section is in need of replacing a 2004 Freightliner Dump Truck (40-7044) stolen from the County Compound in August 2005. Freightliner is prepared to sell a Dump Truck to the County for $89,761.58 as shown on the attached quote. This truck is available through the Florida Sheriffs Assoc. State Contract. Attached is Resolution No. RES 05-370, Equipment Request, EO 05-377 and Budget Amendment BA 05-194, for the purchase of a new 2006 Dump Truck for the Road & Bridge Drainage Operations Unit. By approving all of these items, the Board will approve settlement from the County Insurance Carrier, approve the new equipment request, and authorize transfer of funds into the Capital Equipment & Machinery account (101-4108-564000-400) to fund the purchase of this truck. FUNDS ARE AVAILABLE IN: 101-4108-564000-400 - Capital Equipment & Machinery ($20,327) 101-4108-369930-400 -Insurance Revenue ($68,500) 101-4108-534000-400 - Other Contracts ($2,435) PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board approve Resolution No. RES 05-370, Equipment Request EO 05-377 and Budget Amendment BA 05-194 for the purchase of a 2006 Dump Truck from Freightliner for a total amount of $ 89,761.58. IX APPROVED [ ] DENIED [ ]. OTHER Approved 4-0 Comm. Coward Absent COMMISSION ACTION: [ ] Finance Director: (Check for copy only, if applicable) [x] Purchasing: [ ] County Engineer d~ [ x] Public Works Director: MVf I/)8 IN [x] County Attorney: [x] Mgt & Budget: [ ] Fiscal Coord: Eq05-377 Dump T rk_doc '-' """'" RESOLUTION NO. 05-370 WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available from Insurance Company in the amount of $68,500.30 for a Dump Truck which is being replaced due to theft. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County 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 27th day of September, 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2004-2005, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 101-4108-369930-400 Reimbursements $68,500 APPROPRIATIONS 101-4108-564000-400 Machinery & Equipment $68,500 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Chris Craft Commissioner Paula Lewis Commissioner Joseph E. Smith xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 27th DAY OF September, 2005, ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ....... 'WI BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB/Road & Bridge Drainage PREPARED DATE: 9/22/2005 AGENDA DATE: 9/27/2005 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 101-4108-564000-400 Machinery & Eauipment $2,435 FROM: 101-4108-534000-400 Other Contractual Services $2,435 REASON FOR BUDGET AMENDMENT: Additional funds are required for Dump Truck. CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: r3ll/1r tJuu>-, OMB APPROVAL: BUDGET AMENDMENT #: BA05-194 DOCUMENT # & INPUT BY: · 'wi ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2004-2005 DEPARTMENT: PUBLIC WORKS RECOMMENDED: X YES NO REVISED JUSTIFICATION: This dump truck will replace a 2004 Freightliner truck stolen about August 1, 2005_ Our insurance company is paying $68,500 for settlement to use toward a replacement truck_ Funds to purchase this truck will come from the following accounts: 101-4108-369930-400 Insurance revenue 101-4108-564000-400 Savings from previous Capital purchases 101-4108-534000-400 Savings from Other Contracts EQUIPMENT REQ#: EQ05-377 ACCOUNT#: 101-4108-564000-400 SEP-OZ-Z005 FROM·- ~IGHTLINER FT PIERCE II ~ I 1- ·r· I II I I I ~~~~ /tIWIDID tI.):"'~'" ¡;j~g¡t; 0000 01 0 1;11 g _____ ~o~~~œ~~N~~O~~W~~~ ¡~~w~rnwlww~ NOMe ~ ~ ~ iJl OJ C) J:.; ~ OJ (..,) N (, m ~ -. CO..þ. 0 ~ to U"I Q) ~ LoJ Q) CJ'1 -...J,.þ ca to:....... 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".-.~cn o OC:"'Omm,-,,,,,-< ..':ti: ..:n:ï~Z((J _r-"2 en rn'!:»- œw""--< <= ffi-o:u--<en(n :r Zm<"'lJ"1:IOm !g Ki c· (j)¡:i m ::IJ;¡¡ ::E'!cnQJ'U Z 2'-1 ¡:;'¡;)~~rnº sa 0"" I~-t-i-<r- o õ:n0 ;¡¡;¡;¡:¡;I~'" -~ ~:: ~~g¡~~~ - ~Q:I þrnoC)..o. ~ ;;;¡-¡ (1)1';000 '" :;c~ m<")¡=?o mw m _ (.fJ ~ r- i I~I-~~I ~CJ\'" IJ,.,) .(,J $JJ I'" """ 000 )0 a a I _ _0.______ 1-...._ ----- -,--- - - _ ~ II~ ~~~'( .~ ~~~I*I~·~~: Iii,] 1*1_ ~ ij ~I~ . ~I" ~§ § I~II~li ~ g ~I I((JI 4:R ~ -Ef) (fl I I I w' I~ ~I ~ <1><1> <R <fH'" <A ~ ~I ;1 i Ii, !'> '" '" QJ !" ~ ¡;:j »>1» » ;I> 01000 DOOO - '"¿,, 0 n :;: Ã!~»»[]J -io-1-1fT1 )O°no.c. ;lJCJ~~gJ Ç;! ~I~ (.>;r: )J -<;'0 ~ .:tJ øÕ;I:r" c ^ -" -" 1:5 ~~~!)¿<;; z- ::I:::r: "" ú') -'> »;t> c> o~5i5i¡JJ Z:I)-1-1O -I~ww;tJ ~;o~~~ ~~fT1mz 000 rn ;:¡;;þJ~ z fTl l~ ~¡~ -<1'1 ~I 1.",I;--i _C> ::-1 I~I NIQ:I (J o;Þ N ~Y:' ~' II~ ~ o m o c () -1 "ö'Õ;¡ ¡!Jô mo ,r;: ::: NÕ ZZ o .., n ç;¡; ,¡:!)J~ -1iG'> »'m z?? ^ \ '-' AGENDA REQUEST ....¡ ITEM: # C-4A DATE:SEP Z7, 2005 REGULAR [] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Wayne Teegardin Risk Manager SUBMITTED BY (DEPT): Human Resources/Risk Management SUBJECT: Catastrophic Inmate Medical Expense Payment BACKGROUND: Medical care for incarcerated jail inmates provided off-site (outside the jail) are paid under contract by Prison Health Services (PHS) and reimbursed by the County. Catastrophic inmate medical insurance coverage has been purchased to lesson impact of inmate medical expenses. GENERAL NOTES: Resolution No. 05-360. Consider staff recommendation to approve the budget amendment forthe Aggregate Insurance Settlement to cover Sheriff's Office inmate medical costs that exceed the inmate medical aggregate cap and HIV and viral loads by $162,232. The amount originally budgeted for this was $330,000. The County has a Catastrophic Loss policy in force with the potential to recover claim costs submitted by PHS. FUNDS AVAIL: Funds available in 001-2300-531300-200 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of Resolution No. 05-360. IXJ APPROVED [] DENIED [ J OTHER: Approved 4-0 Comm. Coward Absent CO~ZCE: ¿ -r" Douglas M. Anderson County Administrator COMMISSION ACTION: County Attorney: Originating Dept W7/ '- Finance: (Check for Copy only, if applicable)_ t/~ Review and Approvals Management & BUdge~~~\ Other: Purchasing: \.~~ Other: . 1- ,.- '-' ."., ~ T. ~ en: IE·····, ',,' .. -- COUNTY" " FLORIDA'M- RISK MANAGEMENT/SAFETY Memorandum 05-014 TO: BOARD OF COUNTY COMMISIONERS FROM: WAVNE TEEGARDIN, RISK MANAGER ¿;J DATE: SEPTEMBER 21, 2005 SUBJECT: ITEM C-4A - CATASTROPHIC INMATE MEDICAL EXPENSE PAVMENT . . Medical Care for incarcerated jail inmates provided off-site (outside the jail) are paid under contract by Prison Health Services (PHS) and reimbursed by the County. Catastrophic inmate medical insurance coverage has been purchased to lesson impact of inmate medical expenses. Staff recommends to approve budget amendment for the Aggregate Insurance Settlement to cover Sheriff's Office inmate medical costs that exceed the inmate medical aggregate cap and HIV and viral loads by $162,232. The amount originally budgeted for this was $330,000. The County has a Catastrophic Loss policy in force with the potential to recover claim costs submitted by PHS. Funds available in 001-2300-531300-200 Staff recommends approval of Resolution No. 05-360. ,- - , .~~ '- ...." RESOLUTION NO. 05-360 WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available in the form of $162,232 in Insurance Reimbursements. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County 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 SI. Lucie County, Florida, in meeting assembled this 27th day of September, 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2004-2005, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 001-2300-369930-200 Reimbursements $162,232 APPROPRIATIONS 001-2300-531300-200 Inmate Medical $162,232 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Chris Craft Commissioner Paula Lewis Commissioner Joseph E. Smith xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 27TH DAY OF SEPTEMBER, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY - .... '- '-' .."", REVISED AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C-4B DATE: Sept. 27,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT ~X~ PRESENTED BY: Carl Holeva Human Resources Director SUBMITTED BY(DEPT): HUMAN RESOURCES DEPARTMENT SUBJECT: October Cost of Living (COLA) increase BACKGROUND: During the budget workshops, the annual COLA was discussed and the recommendations was for an across-the-board 3% salary increase. We are asking for approval of the increase for the non-bargaining and bargaining unit employees to be effective Oct. 2, 2005 FUNDS AVAILABLE: 001-9910-599310-800 General Fund Salary Increase Reserves and various funds 9910-599310-800. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the 3% increase effective Oct. 2, 2005, for non-bargaining and bargaining full time and part time with limited benefits employees. COMMISSION ACTION: IX APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Comm. Coward Absent NCE: Do ;¡las Anderson County Administrator Review and Approvals County Attorney: Management & Budget: Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, irapplicable): _ - - i"f ~ wi INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Carl Holeva Human Resources Director DATE: Sept. 27,2005 SUBJECT: October Increase BACKGROUND: Staff recommends a 3% increase for all non-bargaining and bargaining full time and part time with limited benefits employees effective Oct. 2, 2005. If the employee is at the top of their pay range for his/her position, they will receive the full amount of the increase but the pay range for the position will not be affected as a result of the increase. Employees who are in the initial probation period WILL NOT receive the 3%. Employees who are in a promotion probation will receive their 3%. Temporary employees WILL NOT receive the 3% . RECOMMENDATION: Staff recommends a 3% increase for all non-bargaining and bargaining full time and part time with limited benefits employees effective Oct. 2, 2005. Respectfully submitted, ~- ,.//~' Carl Holeva Human Resources Director CHImp Copies to: County Administrator Finance Director Employment and Labor Relations Manager Payroll Supervisor I ITEM NO. "t!!!!. 5 A DATE: 9/27/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X)~~ PRESENTED BY: ~- ' TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Division Leo J. Cordeiro. Solid Waste Director SUBJECT: Staff requests the Board approve the purchase of the 3rd baler for the Solid Waste Baling & Recycling Facility as a sole source from Sierra International Machinery, LLC. This item was approved in the 2005-06 budget process. The total cost of the baler is $1,208,362. BACKGROUND: See attached memorandum. FUNDS A V AI LABLE: 401-3410-564000-300 New Fiscal Year Item - 2005-06 Budget PREVIOUS ACTION: 6/28/05 - Board approved design and engineering services for 3rd baler. RECOMMENDATION: Staff recommends the Board approve the purchase of the 3rd baler for the Solid Waste Baling & Recycling Facility as a sole source from Sierra International Machinery, LLC. This item was approved in the 2005-06 budget process. The total cost of the baler is $1,208,362. COMMISSION ACTION: ~ APPROVED () DENIED { ) OTHER Approved 4-0 Comm. Coword Absent D ANDERSON COUNTY ADMINISTRATOR County Attorney ~ Originating Dept. ( ) I.ff Coordination/Sianatures Mgt. & B,dget (X)~ P''''h..;09 IX) ð / Other ( ) Other ( ) Finance: (check lor copy, only il applicable) _ ~ PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Leo ], Cordeiro r2 Solid Waste Director DATE: September 16, 2005 RE: Sole Source Purchase of MacPresse International Baler from Sierra International Machinery, LLC The St. Lucie County Baling & Recycling Facility began operations in August 2001. Since the facility began receiving waste, waste tonnages have increased over time due to rapid growth in St. Lucie County. Since September 2004, waste tonnages have increased drastically due to the impacts of Hurricane Frances and Jeanne and the additional waste now received from the City of Fort Pierce. In order to keep up with the waste volumes at the landfill, baling operations have become extended and conventionallandfilling practices have been utilized to supplement baling. Staff has identified the need for a 3rd baling system to facilitate processing of the growing waste stream with minimal labor impacts. The Board approved the design and engineering services for the additional baler on June 28, 2005. The justification for the sole source is compatibility to the existing 2 balers for operation purposes and maintenance cost. The price quoted for the 3rd baler is the same price as the 2 balers purchased 4 years ago. Please call me at x1631 if you have any questions. LJC:dls ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2005-2006 DEPARTMENT: PUBLIC WORKS SOLID WASTE RECOMMENDED: X YES APPROVED: NO REVISED JUSTIFICATION: This baler is required to keep pace with the increased tonnage of Class I garbage from the rapid population growth. EQUIPMENT REQ#: EQ06-191 ACCOUNT#: 401-3410-564000-300 SIER~ INTERNATIONAL MACHINERY'rtC BALER / LOGGERS PORTABLE OR STATIONARY SHEAR / BALER I LOGGERS MACPRESSE BALERS & MRF's SERVICE & PARTS 1620 EAST BRUNDAGE LANE (93307) P.O. BOX 1340 BAKERSFIELD CALIFORNIA · 93302 661-327-7073. FAX 661-322-8759 USA 800-343-8503 Friday, July 22, 2005 Mr. Leo Cordeiro St. Lucie County Solid Waste Authority 6120 Glades Cut-Off Road Ft. Pierce, FL 34981 RE: Macpresse Solid Waste Baling System Dear Mr. Cordeiro: Congratulations on the exceptional growth the County of St. Lucie is experiencing. Sierra Intemational and Macpresse appreciate the opportunity to once again serve the waste handling needs of your county. Our original forecast did not account for the unfortunate barrage of hurricanes and accelerated new residential growth that has occurred over the last couple of years. Based on your current waste volumes Sierra Intemational recommends the installation of an additional processing line to bale your commercial and MSW materials. Detailed below is our proposal to provide a third Macpresse baler and conveyor system that will be compatible to your existing equipment. Several new features have been added to the model 112 since your installation, however, all of the components remain interchangeable to minimize spare parts inventory and operator and maintenance awareness. One of the most exciting innovations is the ability to bale MSW using a significantly less expensive plastic baling wire. This new feature is expected to reduce your cost of baling wire by approximately 50%. Additionally, Macpresse has continued to add new safety features to protect your workers in the event of an accident. We will detail these features more in the summary below. Our proposal is as follows based on the layout drawing # 3329.A 1.00: Pos. 4/6/3 Loading conveyor Mac 2100PP I Beam loading conveyor Containing edges Transfer conveyor hopper Jam door I Beam support conveyor Pos. 7 In-feed conveyor Inspection platform between Conveyor 1 And 2 and hopper and door Pos. 1 Pos.1 Pos.2 Pos. 3 Pos.4 Pos.5 Page 1 www.sièrraintl.coin'.·' .....·_...,·".c_<,..__.'.,....,·..·,·..._.·,··, .,' ...... ð Printed on 100% recvcled paper Pos.7 Pos.8 Pos.12 Pos.14 Pos.15 Pos.16 Pos.17 \rf "WI Baler in-feed conveyor Mac 2100PP Macpresse model 112 baler NEMA 4 electric panel (MCC and cables) Castel safety locks Torit dust control system Macpresse Conveyor Guardian® - 3 units Sound enclosure Leachate cleaning conveyor chain Loading conveyor Mac 1800PP Loading hopper conveyor Transfer conveyor hopper Spare Components: Trolley or main ram (Interchangeable all 3 balers) Extrusion chamber (Interchangeable new baler only) Replacement sidewalls for the existing (2) balers. This will allow for the retrofit and utilization of plastic baling wire on all 3 balers. Pricing delivered and installed: $1,208,362.00 Installation: Installation does not include any building modifications, concrete pits or final electrical connection to our supplied MCC (motor control center). A local licensed electrician will need to connect wiring and conduit from conveyor motors to our supplied MCC. We estimate 4-5 men 18-20 days for installation, one 60 ton crane for 5 days, one- 30 ton cranes for 10 days and two (2) high lift heavy capacity forklift for 20 days. Additional items required but not included are minimum 10 spools of 10 gauge black annealed baling wire and 790 gallons of hydraulic. Additional installation costs will be incurred should the building, concrete pit, electrical power or access to installation site not be available at the date agreed. Further costs shall include labor, lodging, and added time for rental equipment, i.e. crane, forklifts, man lifts, etc., for work delays beyond the control of Sierra or Macpresse. Note: Insurance to jobsite is included, GC Builders Risk Coverage onsite supplied by others. Installation is bid with non-union labor. No provisions have been made for penalty clauses or perfonnance bonus for production rates or electrical usage. Should additional testing be required we will need to calculate the man hours and travel expenses required and add to our proposal. ITEMS NOT INCLUDED: · Sorting platfonn and stairs opposite the loading conveyor · 790 gallons of hydraulic oil · 10 spools of baling wire · Final electrical connections to the MCC · Electrical connections from the conveyor motors and emergency stop switches to the MCC · Maintenance access mezzanines, stairs, catwalks other than those shown on drawing 3329.A 1.00 Page 2 ê~WY~t~:X~~g~"~~f~'~:~:~~S"~\..!:'~ït~ft· ;"~~t}';~~~~~i&: '"',i;: wWW:~$Jerfc:nn.1 ~:¡;.çØU,J,;t~ li:x,.'o"~,.'..'W ")¡ï;!k'""~",~",,",,,",,,,,~,·:~~.,-;,,;:æ.,;¡,: ¡..:,')j.';';·';':!~~"::"";'''·1.,,#,¡,¡·,>:;;,·",,·.~c.:<,n·_, ~ Printed on 100% recycled paper '''' ...... The spare parts pricing above does not include the labor to remove and add the new sidewalls on the existing solid waste balers. A supply of the new plastic wire has not been provided in this proposal. Currently Macpresse and Sierra are negotiating with several suppliers for the best wire quality at the lowest available price. This information will be forwarded just as soon as possible. Terms: 0% with order placement, 85% due prior to shipment, 15% balance due at start-up not to exceed 30 days from delivery. Sierra has not included in this proposal any platforms, mezzanines, chutes or catwalks for personnel to recycle material from the waste stream. Our installation pricing does provide for the installation of two (2) Macpresse Conveyor Guardian® safety systems, excluding final electrical connections. These systems will have a steel frame work to hold the scanner positioned over the conveyors and do not require any annual inspection visits. A third Macpresse Conveyor Guardian® is provided on the new solid waste baling line. Once again, we are pleased to have this opportunity to provide additional solid waste baling equipment for St. Lucie County. Should any questions or comments develop as a result of this proposal please call to discuss. Warmest Regards, Richard Harris Managing Director Recycling & Solid Waste Division cc: John Sacco Giuliano Scotuzzi Joe Droukas Page 3 ï\!fi~,ft~:¡Ii!;f':&',,&V""~1&~~mY!,;":J~t !'}:/;.';,iru.'1tl,;""¡: 1~ .:'",,~ -1'I.lI~y_ )f~-;c;"" b"'''~_'<'""'''''.,,,w~.,,,,,lo,,,<,,œt,,,.,,,,...,~_.,,,...1\!i ~ Printed on 100% recycled paper -- -..-. ITEM NO. ..,C - 5 B DATE: 09/27/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY:¿ ~ó TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Division Leo J. Cordeiro. Solid Waste Manaaer SUBJECT: Staff request Board approval of Amendment NO.1 to the CDM proposal for professional services related to the design, permitting, and construction services for the Scale House at the Glades Road Baling Facility. The original Agreement is revised from a cost of $136,300 to a lump sum of $550,000. BACKGROUND: See attach memorandum. FUNDS AVAilABLE: 401-3410-562000-3608 Buildings After Board approval a Line to Line will be done moving funds to 401-3410-562005-3608 Building - Consulting Engineer PREVIOUS ACTION: a total cost of $136,300. 11/04/05 Board approved Agreement with CDM for professional services for RECOMMENDATION: Staff recommends approval of Amendment No. 1 to the CDM proposal for professional services related to the design, permitting, and construction services for the Scale House at the Glades Road Baling Facility. The original Agreement is revised from a cost of $136,300 to a lump sum of $555,000. Approved 4-0 Comm. Coward Absent CE: COMMISSION ACTION: ao APPROVED () DENIED ( ) OTHER o ANDERSON COUNTY ADMINISTRATOR County Attorney (X) Originating Dept. ( ) J4/ coo...;nat;o~.tu~ Mgt. & Budget (X) m Public Works ( ) Purchasing ( ) Other ( ) Finance: (check for copy, only if applicable) _ ~ - ..., PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM FROM: Board of County Commissioners Doug Anderson, County Administrator Leo ], Cordeiro 1\ /'iof, Solid Waste Manager ,V TO: DATE: September 16, 2005 RE: Amendment No, 1 CDM Proposal for Design, Permitting, and Construction Modifications to Existing Scale House This request is for approval of Amendment No. 1 to the CDM proposal approved by the Board 11/05/05 for professional services related to the design, permitting and construction services for the Scale House. This project includes a fast-track replacement of the two existing scales with three new scale systems and the design and constructions of the Scale House modifications. The original Agreement is revised from a cost of $136,300 to a lump sum of $550,000 which includes design and inspection services for the scale replacement and a specialty contract for installation. LJC:dls -- '-" ...., AMENDMENT NO: 1 TO AGREEMENT BETWEEEN OWNER AND ENGINEER This Amendment No: I is made and entered into this day of , 2005 to the Agreement between Camp Dresser & McKee Inc. ("ENGINEER") and St. Lucie County ("OWNER") dated November 9, 2004, ("the AGREEMENT"). WHEREAS, ENGINEER and OWNER entered into the Agreement to provide engineering services for design, permitting, bidding, and construction administration for the scale house facility at the Glades Road Landfill, and WHEREAS, the parties desire to amend the Agreement so as to amend the scope of work, time periods of performance and payment, and/or responsibilities of OWNER; and WHEREAS, the Agreement provides that any amendment shall be valid only when expressed in writing and signed by the parties NOW THEREFORE, in consideration of the mutual understandings and Agreements contained herein, the parties agree to amend the Agreement as follows: I. The Basic Services of ENGINEER as described in the Agreement are amended and supplemented as follows: The engineering services are revised to fast-track replacement of the two existing scales with three new scale systems. All three scales are to be placed in the vicinity of the existing scalehouse. CDM to provide design services for future modifications to the scale house building. CDM to provide design services for scale replacement and contract with specialty contractor for installation. 2. TIle responsibilities of OWNER as described in the Agreement are amended and supplemented as follows: Owner to direct purchase scales and software for the proposed project. 3_ The time periods for the performance of ENGINEER's services as set forth in the Agreement are amended and supplemented as follows: Services are to be coordinated to maintain vehicular traffic at site. Estimated construction duration is three months 1Ìom approval of Amendment and/or delivery of scales. 4_ The payment for services rendered by ENGINEER shall be as set forth below: The total contract lump sum is revised from $136,300 to the following: Design Services Contract Scale Installation TOTAL $125,000 $425.000 $550,000 Lump Sum 5_ Except as herein modified, all terms and conditions of the Agreement shall remain in full force and effect. 4/01 Page I ml12202 Amendmenl.dac '"" wi IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date indicated above for the purpose herein expressed_ >2~ ~INEER DATE: 1 J¡r..Ie.s OWNER DATE: 4/01 Page 2 mh2202 Al11endml;!int.doc ~ ...." AGENDA REOUEST ITEM NO. C6 - - DATE: 09-27-05 REGULAR [ ] PUBLIC HEARING [ ] CONSENT (X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: LffiRARY PRESENTED BY: Susan Kilmer SUBJECT: STATE AID TO LffiRARIES GRANT BACKGROUND: St. Lucie County has received funding through the Department of State/Division of Library and Information Services since 1978 for operating funds for public library services. These funds are based on the dollars spent for library operating expenses in FY03/04. The money for this grant has been projected in the library's 105-7115 budget for FY05/06. Estimated revenues trom the grant- $191,826 ($20, 772 less than awarded in FY04/05). FUNDS AVAILABLE: 105-7115 Library Special Account - State Aid to Libraries PREVIOUS ACTION: The Board of County Commissioners have approved this grant application for the past 27 years. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the Chairman of the Board to sign two (2) copies of the application, at the time of approval, for the State Aid to Libraries Grant Application. Approve the library's FYOS/06 annual plan of service. Do not date the application - the date will be added once the original application is signed in Tallahassee. []C.] APPROVED [] DENIED [ j OTHER: Approved 4-0 Comm. Coward Absent NCE: COMMISSION ACTION: oug Anderson County Administrator xCounty Attorney: xOriginating Dept: ý Coordination/Signatures xManagement & Budget:,~tf ^.. ~ Purchasing: Public Works: ~ Other: Sê¥, Finance: (Check for Copy only, if applicable) '-" ..." MEMORANDUM ST LUCIE COUNTY LffiRARY TO: Board of County Commissioners Susan Kilmer, Library Director 0IÜ4JZ,¡,G J:;2JtJ ¿¿A) September 19, 2005 FROM: DATE: SUBJECT: State Aid to Libraries Grant Application - FY05/06 St. Lucie County has been a recipient of State Aid to Library grant funding since 1978. State Aid funds are made available through the Department of State/State Library of Florida for all public libraries and some municipal libraries (depends on population of the city). The funds are only allowed to be used for operating expenses within the library. The monies received are based on the total dollars spent locally during the fiscal year beginning October 1, 2003 and ending September 30, 2004 (second previous fiscal year) for the operation and maintenance of the library under the conditions outlined in Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries grant program. The estimated funds for fiscal year 2005/2006 are $191,826_ These funds have been projected in the Library's State Aid budget (105-7115) and have been through the budget revIew process. These funds continue to be used for funding for the St. Lucie West Cooperative Library; books, subscriptions, audiovisual materials and other operating supplies for the library department. Staff recommends that the Chairman of the Board of County Commissioners be authorized to sign two (2) copies of the grant application at the time of Board approval. Staff also requests that the documents not be dated, this will be done once the original application has been reviewed and approved by staff at the State Library of Florida. '-' ..., Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) St. Lucie County Board of County Commissioners (Name of library governing body) Governing body for St. Lucie County Library System (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the GRANTEE expends a total amount of State awards (i.e., State financial assistance provided to the GRANTEE to carry out a State project) equal to or in excess of $500,000 in any fiscal year of such GRANTEE the GRANTEE must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.550, Rules of the Auditor General. In determining the State awards expended in its fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from the Florida Department of State, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Section e, paragraph 1, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor General. If the Grantee expends less than $500,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the GRANTEE expends less than $500,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions Page 1 of 4 '-' ....., of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (Le., the cost of such an audit must be paid from GRANTEE funds obtained from other than State entities). f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attomey fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, selVants or employees; nor shall the Grantee exctude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee Page 2 of 4 ~ ...., hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. i. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library Page 3 of 4 '-' ...." administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE THE DIVISION Chair of Governing Body or Chief Executive Officer Florida Department of State Division of Library and Information Services Frannie Hutchinson Typed Name Typed Name Date Date Clerk or Chief Financial Officer Witness Christann K. Hartley Typed Name and Title of Official Date Date Page 4 of 4 '-' ..., ST. LUCIE COUNTY LIBRARY SYSTEM ANNUAL PLAN OF SERVICE FY05/06 MISSION St. Lucie County Library System will provide free, convenient, and equal access to information; create environments to foster life-long learning, personal enrichment, and a literate society; and, strengthen information partnerships through resource sharing by providing a full range of information resources and quality services and promoting these services, programs, and materials to the community. FUNCTION St. Lucie County Library serves the community with five (5) facilities, one (1) Bookmobile; a cooperative library site with Indian River Community College and Florida Atlantic University in st. Lucie West; nursing home rotating collections; and a Books- by-mail service for homebound citizens. The Library provides 67 hours of service per week, with each facility open three (3) nights per week, every Saturday and two facilities open on Sunday afternoon. The library provides timely, accurate and useful information for community residents in their pursuit of j ob- related and personal interests. The library provides on-site, telephone and online reference services and resources to aid users in locating needed information and resource tools. The Library promotes and encourages the use of its collection and electronic resources through programs, bibliographies, reader's advisory services, ready reference and the Library's website. GOALS & OBJECTIVES Residents of St. Lucie County will have access to high-interest and popular reading materials at all public libraries. Increase per capita circulation from 3.15 items to 3.50 items by 09/30/06. Continue offering Sunday hours at Ft. Pierce Branch Library and Morningside Branch Library. ~ ~ Residents of St. Lucie County will receive accurate and up-to- date reference/information service at all public libraries. Increase reference transactions from 1.09 per capita to 1.25 per capita by 09/30/06. Calculate use of internet access as they relate to reference queries. Children and students of all levels receive assistance in meeting their public libraries. in st. Lucie County will educational needs at all Establish output measures to determine success ratio of clients being served by Youth Services staff by 09/30/06. Recreate position of Youth Services Librarian to help in coordinating programs amongst the Children's Services staff and to promote youth programming efforts throughout the community. October 1, 2007 Expand intergovernmental cooperation with School Media Specialists with scheduled school and library visits; attendance at School Fairs/reading carnivals; participation in celebrity Reading Days and attendance at School Reading Coalition meetings. Work with outside agencies to develop family literacy programs and parenting classes. Encourage Children's Services staff to plan and conduct more programs for day care centers, summer camps and the like to meet the goals established through the Florida Library Youth Program sponsored through the Department of State/Division of Library and Information Services. St. Lucie County Library will provide access to current information on community organizations, issues and services. Update current file of organizations with accurate information of presidents, mailing addresses and terms of office (ongoing). Provide links from the Library's website to outside agencies and organizations. Promote library and Friends of the Library programs via Friends of the Library home page and County's SLCTV Channel 21 and St. Lucie County School Districts WLXTV Channel 13. ..... ...., St. Lucie County Library will provide the residents County with effective computer access to quality software and the manifold resources of the Internet. of st. Lucie productivity Upgrade and enhance the Library's network infrastructure as needed to maintain acceptable line speed for effective online access to the Internet, including subscription databases, the World Wide Web and the Library's online catalog. Maintain st. Lucie County Information Technology's current standards for hardware and software for all public access computers. Reduce the high cost of network telecommunications through yearly application for the substantial discounts offered by the FCC's Universal Service Fund E-rate program. Provide computer training classes for the public at each Library facility. Provide instruction for the public in use of the Library's subscription databases and other electronic resources at each Library facility. st. Lucie County Library will increase public awareness of programs and services available to all residents at all public libraries. Increase visibility of services by promoting through local cable television programs, radio talk-shows, library newsletter, library website, local newspapers and attendance at local business meetings. continue weekly column with contributors from all supervisory staff. (ongoing) Distribute library hand-outs at the County fair, career days, book sales, local clubs/organizations, etc. in English and Spanish. Promote Friends of the Library's Florida author/artists program at all library sites through local cable television programs, radio talk-shows, library newsletter, library website, local newspapers, and attendance at local business meetings. (ongoing) Pursue joint sponsorship of Author programs with local area Bookstores, newspapers and/or radio stations. ...... ..""" Participation with local Downtown Business Association; Main street Fort Pierce; Chamber of Commerce, etc., at their various festivals held in the county. St. Lucie County Library will provide interlibrary cooperation with public, private and academic libraries and new science centers throughout the Treasure Coast to better serve the residents of st. Lucie County. Continue to provide funding for library cooperative at St. Lucie West Library with Indian River Community College through state Aid and General Fund. (ongoing) Send letter of continued interest in reciprocal borrowing privileges with Martin County Library System by 01/02/06. Establish meeting with Indian River County Library System to discuss reciprocal borrowing privileges as discussed at a joint Board of County Commission meeting in January 2005. Send copies of library's periodical holdings to USDA Lab, Harbor Branch Oceanographic Institute, Smithsonian Lab, IRCC, and st. Lucie County Extension Services Department. The Library Administrative unit will develop a five year library capital improvement plan and five year operating budget. Library Advisory Board and Library Director will continue to work on a five year capital improvement plan at their bi- monthly Board meetings, making changes as need warrants. Library Advisory Board and Library will work closely with Board of County Commissioners, the st. Lucie County School District and local developers to select appropriate sites for new libraries in south County. Library Director will work with all library supervisory staff to develop a five year operating budget complete with list of new personnel and their equipment needs. The Library Administrative unit will develop a five year long range plan to meet the requirements of State Aid to Libraries grant. Library Director will attend Long Range Planning meeting on October 18, 2005 in Sarasota prior to the annual Library \ ~ ~ Director's conference. - Library Director will work specialists to set up at least obtain input on future library with State Library Program two (2) community meetings to needs. - Library Director will to the Division of 9/30/06. submit a long range plan for 2006-2011 Library and Information Services by The Library Administrative unit will work on grants to further funding capabilities for st. Lucie County Library System. Library Director will work on LSTA funding request for literacy grants and storytelling programs. _ Library Director will work with Cultural Affairs Director to develop joint programs which will enhance the educational, cultural and recreational needs of the community. The Library Administrative unit will work on all phases of construction for the new Windmill Point Branch Library with an anticipated opening in the Spring of 2007. DATE: Sept. 27, 2005 :1 v AGENDA REQUEST ITEM NO. REGULAR [ } PUBLIC HEARING [ } CONSENT [x} INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSIST ANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVAL TO PURCHASE A NEW VAN TO BE USED BY THE I.T. DEPARTMENT BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1930-564000-100 (Machinery & Equipment) Fleet Replacement Program FY 2004/2005 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of a new (2005/2006) van that will be used by the I.T. Department. MISSION ACTION: oa APPROVED [] DENIED [ 1 OTHER: Approved 4-0 Comm. Coward Absent D Anderson County Administrator County Attorney: . Originating DePt;-\~ \A;LC-\- Finance: (Check for Copy only, if Applicable) Mgt. & Budget~ Other: Purchasing Mgr_: ¿;lp Coordination/Signatures Other:__ Eft 1197 H,\AGENDA\AGENDA-$l iT REPLACEMENT VAN_DOC -- ~. '-' "WI MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: September 27,2005 SUBJECT: APPROVAL TO PURCHASE A NEW VAN TO BE USED BY THE LT. DEPARTMENT ****************************************************************************** BACKGROUND: Currently the LT. Department has the need to replace a van that was involved in an accident and has been totaled by the insurance adjuster (vehicle #40-4058) (this vehicle was scheduled for replacement in FY 05/06). The Central Services Fleet Superintendent has been unable to receive a finn commitment on a comparable used van, and feels the better option would be to purchase a new van at a cost of$16,700.00. We then would have a vehicle with a full 36 months, 36,000-mile warranty compared to purchasing a vehicle with 8,000 to 10,000 miles and 12 months of unused warranty on a used vehicle. The new van would then be placed in a 1 O-year replacement position, whereas the used vehicle would be replaced three years earlier. Funds are available, in the vehicle replacement fund FY 04-05, and staff is requesting pennission to purchase a new (2005/2006) van for LT. Department. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of a new (2005/2006) van that will be used by the L T. Department. --,. ."......... '-' ..",; Basis for replacement 1. vehicle involved in accident 2. Insurance Adjuster totaled van. a. Total claim $ 9,150 b. Department to pay $1,000 c. Insurance paid $8,150 Invistagated replacing with 2003/2004 used van. Used pricing varied between $12,500 to $13, 500 for 2003 vans with 28,000 to 33,000 miles. Unable to get firm commitment on a van which I felt would be fiscally sound. (new-$16,700. vs used dollars, warranty remaining on used vehicle vs new vehicle warranty). This vehicle was scheduled for replacement in FY 2005 / 2006. -- - ~ "Wi ~ AGENDA REQUEST ITEM NO. c-9 DATE: Sept. 27, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: DOWNTOWN JUDICIAL COMPLEX CHILLER PLANT EDLUND DRITENBAS BINKLEY ARCHITECTS I #C03-08-520 AMENDMENT NO.2 TO WORK AUTHORIZATION NO. 10 BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAil: 315-1930-562004-16012 (Building-Architectural Service) PREVIOUS ACTION: On August 17, 2004, Item No. c-8, the Board of County Commissioners approved Amendment No.1, to Work Authorization No.1 0, Edlund Dritenbas Binkley Architects, #C03-08-520. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Amendment No.2, to Work Authorization No. 10, #C03-08-520, Edlund Dritenbas Binkley Architects, for the services of Carter & Associates, Consulting Engineers and land Surveyors, for additional engineering and surveying services for the Clerk of Courts Chiller Plant at a cost of $12,925.00 and authorize the Chair to sign this Amendment as prepared by the County Attorney. MISSION ACTION: [~APPROVED [] DENIED ["T OTHER: Approved 4-0 Comm. Coward Absent CE: o g Anderson County Administrator Coordination/Signatures Mgt. & Budget: Purchasing Mgr.: Other: Other: Finance: (Check for Copy only, if Applicable) Eft 1197 H,\AGENDA\AGENDA-83 EDLUND DRITENBAS AMEND NO_ 2.DOC -- - - --., ~ MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: September 27,2005 SUBJECT: DOWNTOWN JUDICIAL COMPLEX CHILLER PLANT EDLUND DRITENBAS BINKLEY ARCHITECTS / #C03-08-520 AMENDMENT NO.2 TO WORK AUTHORIZA nON NO.1 0 ****************************************************************************** BACKGROUND: On August 17, 2004, the Board approved Amendment NO.1 to the December 17, 2002, Work Authorization NO.1 0, Edlund Dritenbas Binkley Architects, relating to Architectural Services for St. Lucie County Clerk of the Courts Building. Amendment NO.1 authorized additional work by the Architect for mechanical and electrical design engineering of a new chiller plant facility and for the design of a chiller plant building. Through Amendment No.2, with Edlund & Dritenbas, and as a reimbursable expense to the Architect, Carter & Associates, Consulting Engineers and Land Surveyors will provide additional engineering and surveying services relative to design and permitting of paving and drainage improvements at the proposed Clerk of Courts Chiller Plant. At a cost of $12,925.00 ($11,750.00 x 1.10 (Architect's compensation) = $12,925.00) they will provide: survey services, drainage design & permitting, right-of- way design & permitting and reimbursable expenses not contemplated as necessary in the original scope and therefore were not included in the scope. (Please see attached proposed scope of work). RECOMMENDATION: Staff recommends the Board of County Commissioners approve Amendment NO.2 to Work Authorization NO.1 0, #C03-08-520, Edlund Dritenbas Binkley Architects for the services of Carter & Associates, Consulting Engineers and Land Surveyors for additional engineering and surveying services for the Clerk of Courts Chiller Plant at a cost of $12,925.00, and authorize the Chair to sign this Amendment as prepared by the County Attorney. -- -.-- '-' CARTER ASSOCIATES, INC. CONSUL TLf\TG ENGINEERS AND LAND SURVEYORS ..., 1708 21s1 STREET VERO REACH, FLORIDA 32960.3472 772-56241 :) ¡ 772-562-7180 (FAX) August 16, 2005 MARVIN E. CARTER, P.S.M. DEAN F. (.UETRIE, P.E. tp'_&NCJ .JOHN H. BLUM, P.E. FRANK S. CUOClJRßSE, P.S.M. D¡WID E. LUBTHJE, r.S.M, GBORGE SIMONS, P,E. STEVE SNOBERfJER. P.E. PATRICK S. WALTHER. P.E. Mr. Paul Dritenbas Edlund, Dritenbas, Binkley Architects & Associates, P.A. 65 Royal Palm Blvd. Vem Beach, FL 32960 Re: - , . :., ~" ," ' ,', .' . St., Lu:c~e' County Clérk of Cöurt~ cbiÎlëí- :PlaIÌt' , Indian RIver 'Drive " " Engineering and Sui-veyingServÌces CAI Project # 05-76E Dear Paul: Weare pleased to present this proposal for engineering and surveying .~eivi()es :relative to design and permitting of paving and drainage improvements at the proposed' Clerk of Courts Chiller Plant. The following describes our proposed scope of work' and termsofa:greement between Carter Associates, Inc. (CAI) and Edlund, Dritenbas, Binkley Architects and AssÞ.ciates, PA (Architect): ' " . Survey Services , .. :: , '$ " 1,750.00 CAI will perform a specific purpose survey to include locations of adjacent'~xistiI1{btri1dings, parking lots, cross-sections, and spot elevations of sufficient detail foJ;:desigri offµ-ading and drainage improvements for the proposed chiller plant and parking lot imprc)'veniel1ts, . Drainage Design &. Permitting $: · ·7,000.00 CAI will prepare paving, grading and drainage design, drawings, details and 'specifications including design of required stormwater management retention improvements. A stormwater report with flood routing analysis will be prepared and will conform to South Florida Water Management District (SFWMD) and City of Fort Pierce (CFP) stOl1l1water permit requirements. CAl will coordinate with these agencies through the permitting process. In addition, CAl will provide inspection services of the paving and stotmwater improvements during construction and will provide as-built smveys and certifications upon completion of construction. N:\JHB\PROPOSAL\ClerkCourts-Chiller_doc Page 1 -lil-A- , Selving Florida 'P.L Jl"ISiñœ 191 [ ©2005 by CAI -..... ..." , . Right-of-Way Design & Permitting $ 1,500.00 CAr wi!] prepare application documents and submit for CFP right-of~way pennit for the driveway c01ll1ection to Boston A venue. CAI will coordinate with CFP through the permitting process and provide certifications upon completion of construction. . Reitµbursable Expenses I $ 1,500.00 Included are permit application fees and expenses such items as postage, long distance calls, mileage, fax transmittals, blueprints, vellum, etc. Engineering and surveying fees for the above described services are $ 11,750.00, inclusive of an permitting fees and reimbursable expenses. ENGINEERING ASSUMPTIONS: In developing this proposal, CAI represents to the Architect that the following assumptions have been made and that deviation ftom these assumptions may require additional expenditures on behalf of the Architect to CA!. 1. Survey shall be based upon Owner provided legal description. No abstracts for potential ownership conflicts are included in this scope. 2. It is assumed the Architect wi11 submit necessary site plan (geometry, site data, landscape plan, etc,) to the local permitting agencies for approval and cAr will provide only the drainage plans and specifications. 3. There are no wetlands or environmentally sensitÎve areas that wi11 be affected by the proposed improvements. 4. It is assumed soil testing will be provided by the Architect. 5. Specifications for site work shaH be provided to the Architect În CAI's fonnat. GENERAL CAl will bill the Architect monthly on a time and materials basis, per the attached Hourly Rate Schedule, not to exceed the estimated amount of $ 11,750.00, inclusive of all costs. If additional services are required outside this scope, then separate authorization will be required. If you have any questions regarding our proposed scope of work or telms of agreement, please call me at your convenience. Our receipt of a signed copy of this agreement will serve as our notice to proceed. N: \JHB\PROPOSAL\ClerkCourts-Chiller - doc Page 2 ©2005 by CAr ...., Sincerely, RTERASSOCIATES, INC. \+- PI---. Attaclunent (Hourly Rate Schedule) N:\JHB\PROPOSAL\cierkCourts-Chiller.doc ©2005 by CAI "*'" Agreed to and Accepted by: EDLUND & DRlTENBAS, P.A. Paul Dritenbas, AI.A. Date Page 3 Serving Florida Since I9IJ -\ ""-' CARTER ASSOCIATES, INC. Au~!:Ust, 2005 RATE SCHEDULE Engineer I (Principal) Engineer I (Registered) Engineer II (Registered) Engineer ill - EIT Engineer Technician Surveyor I (Principal) Surveyor I (Registered) Surveyor II (Registered) Survey Crew (4 Men) Survey Crew (3 Men) Survey Crew (2 Men) GPS RTK Survey Crew (3 Men/3 Units) GPS RTK Survey Crew (3 Men/2 Units) GPS RTK Survey Crew (2 Men/2 Units) CADD Technician Secretaty/W ord Processor Inspector Recording and Pennit Fees Materials Travel Sub-consultants Reimbursable Expenses; Postage, Long Distance Calls, Federal Express, etc. Blueprints Mylar Photocopy (8.5" x II") Photocopy (8.5" x 14') Photocopy (11" x 17') These fees shall be renegotiated on an alillual basis. ©2005 By CAr N,\JH8\PROPOSAL\ClerkCourts-chiller_doc .J $ 150.001br. $125.00/hr. $100.001br. $80.00/hr. $75.001hr. $150.00/hr. $125.001hr. $11O.001hr. $ 138.00/hr. $ 125.001br. $113.00/h1'. $150.001br. $140.00/hr. $127.001br. $65.001br. $40.00/hr. $57.00/hr. Cost + 10% Cost $O.35/mile Cost + 10% Cost $0.25/S.F. $1. 75/S.F. $0. 15/ea. $0.25Iea. $O.35/ea. ~ . ~ Serving Florida ~ I " ;r " '-' AGENDA REQUEST """" ITEM NO. £l.!Ý\ DATE: September 27, 2005 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Early Redemption of Special Assessment Improvement Bonds Becker Road MSBU Series 1996 King Orange MSBU Series 1996 South Hutchinson Island-North District Wastewater System Series 1998 South Hutchinson Island-North District Wastewater System Series 1998A BACKGROUND: The attached letter from RBC Dain Rauscher, Mr. Nate Eckloff, Managing Director and Mr. Wess Bradish, Associate, Financial Advisor to the County, indicates there are funds available in the Becker Road MSBU, King Orange MSBU, South Hutchinson Island-North District Wastewater System 1998 and 1998A Series debt service fund which are excess to the debt service needs. Accordingly, Mr. Eckloff and Mr. Bradish recommends, and OMB staff concurs, that the following amount should be used to redeem bonds scheduled to mature on November 1 sl for the years noted below. This action will reduce the interest cost of the issue to the property owners. Becker Road Series 1996 $205,000 King Orange Series 1996 (payout) Principal $45,000 South Hutchinson Island-North District Wastewater Sys. Series 1998 Refunding $1,185,000 South Hutchinson Island-North District Wastewater Sys. Series 1998A $50,000 In order to redeem the bonds on November 1,2005, staff must notify the Paying Agents and depositories of the Board's intent in time to advertise the call by October 1, 2005. FUNDS A V AILABLE: Funds will be made available in Principal-Bonds Debt Service Funds. PREVIOUS ACTION: The Board approved early call of bonds for these same issues. lŒCOMMENDATIO~ Staff recommends the Board approve the early full and pà?rfal redemption of the following: (1) $1,860,000 St. Lucie County, Florida, Special Assessment hnprovement Bonds, Series 1996 (Becker Road MSBU); (2) $230,000 St. Lucie County, Florida, Special Assessment Bonds, Series 1996 (King Orange MSBU); (3) $14,920,000 St. Lucie County, Florida, Special Assessment hnprovement Bonds, Series 1998 (South Hutchinson Island Wastewater System); (4) $910,000 St. Lucie County, Florida, Special Assessment hnprovement Bonds, Series 1998A (South Hutchinson Island - North District Wastewater System); at par, as recommended by RBC Dain Rauscher, Mr. Nate Eckloff, Managing Director and Mr. Wess Bradish, Associate, !::egftl Mvisor to the County, and as outlined above. r"'~ COMMISSION ACTION: "l-D CowlI-,d ab,e..+ DO APPROVED [] DENIED [ ] OTHER: NCE: ouglas M. Anderson County Administrator County Attomey:xx ~ (./ Coordination/Si gnatures Management & Budget: xx )~µ ,--\\A Purchasing: '-.) Other: MSBU Coord. :xxV/vf' I fl..,þ I Finance: (Check for Copy only, if applicable) -1-. , >. ~ OFFICE OF MANAGEMENT rBUDGET MEMORANDUM #05-106 riIBI! . -. - , '.. """-.' ."d -., - . . .-. . - ' . - . - . .. .. ,-, TO: St. Lucie County Board of County Commissioners FROM: Marie Gouin, Management and Budget Director SUBJECT: Early Bond Calls DATE: September 27,2005 The attached letter from RBC Dain Rauscher, Mr. Nate Eckloff, Managing Director and Mr. Wess Bradish, Associate, Financial Advisor to the County, indicates there are funds available in the Becker Road MSBU, King Orange MSBU, South Hutchinson Island-North District Wastewater System 1998 and 1998A Series debt service fund which are excess to the debt service needs. Accordingly, Mr. Eckloff and Mr. Bradish recommends, and OMB staff concurs, that the following amount should be used to redeem bonds scheduled to mature on November 1 st for the years noted below. This action will reduce the interest cost of the issue to the property owners. Becker Road Series 1996 $205,000 King Orange Series 1996 (payout) Principal $45,000 South Hutchinson Island-North District Wastewater Sys. Series 1998 Refunding $1,185,000 South Hutchinson Island-North District Wastewater Sys. Series 1998A $50,000 In order to redeem the bonds on November 1, 2005, staff must notify the Paying Agents and depositories of the Board's intent in time to advertise the call by October 1, 2005 , . '-' 'WI ;I ~~~ Rauscher September 15, 2005 Ms. Marie Gouin Management and Budget Director S1. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982-5652 RE: $910,000 S1. Lucie County, Florida Special Assessment Improvement Bonds, Series 1998A (South Hutchinson Island -North District Wastewater System) Dear Marie, The above referenced special assessment bond issue is currently outstanding in the principal amount of $475,000. Based on the information provided by the finance and managemenUbudget departments, sinking fund monies available to pay debt service currently total $97,641.01. After payment of the 11/01 interest payment, surplus funds of $81,016.01 will be available to redeem bonds, at par, on November 1, 2005. $97,641.01 -16.625.00 $81,016.01 50.000 $31,016.01 Current sinking fund balance Less 11/01/05 interest payment Available to redeem bonds Redeem bonds Cash balance We would recommend the $50,000 of the surplus monies be used to redeem bonds, at par, on November 1, 2005. This will include $15,000 bonds due November 1, 2015 and $35,000 bonds due November 1, 2016. This would leave an outstanding principal amount of $425,000 on the issue as of November 1, 2005. Notice of this early redemption would need to be made by October 1, 2005, pursuant to the bond resolution. Wachovia Bank, Jacksonville, Florida, serves as paying agent for this issue. Please call if you need any additional information. N ~ 2~j¿X1b tJ~þ....w. Nate Eckloff Managing Director Wes Bradish Associate Cc: Robert Freeman, Bryant Miller & Olive Brenda Miller, Bryant Miller & Olive '. '-'" "wIJI I'.¡'; ~~i~ Rauscher . . . September 15, 2005 Ms. Marie Gouin Management and Budget Director S1. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982-5652 RE: $14,920,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1998 (South Hutchinson Island Wastewater System) Dear Marie, The above referenced special assessment bond issue is currently outstanding in the principal amount of $11,155,000. Based on the information provided by the finance and management/budget departments, sinking fund monies available to pay debt service currently total $2,001,098.75. After payment of the 11/01 interest payment, surplus funds of $1.724.427.50 will be available to redeem bonds, at par, on November 1, 2005. $2,001,098.75 -276.671.25 $1.724.427.50 -1,185.000.00 $539,427.50 Current sinking fund balance Less 11/01/05 interest payment Available to redeem bonds Redeem bonds Cash balance We would recommend the $1,185,000 of the surplus monies be used to redeem bonds, at par, on November 1, 2005. This will include $235,000 bonds due November 1, 2009, $465,000 bonds due November 1, 2010 and $485,000 bonds due November 1, 2011. This would leave an outstanding principal amount of $9,970,000 on the issue as of November 1 , 2005. Notice of this early redemption would need to be made by October 1, 2005, pursuant to the bond resolution. Wachovia Bank, Jacksonville, Florida, serves as paying agent for this issue. Please call if you need any additional information. NC;þ 2~JJ1b ¡j~$~ Nate Eckloff Managing Director Wes Bradish Associate Cc: Robert Freeman, Bryant Miller & Olive Brenda Miller, Bryant Miller & Olive '-' IRBC ;~ Dain Rauscher . . . September 15, 2005 ...., Ms. Marie Gouin Management and Budget Director St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982-5652 RE: $1,860,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1996 (Becker Road MSBU) Dear Marie, The above referenced special assessment bond issue is currently outstanding in the principal amount of $505,000. Based on the information provided by the MSBU, finance and management/budget departments, sinking fund monies available to pay debt service currently total $340,107.96. After payment of the 11/01 interest payment, surplus funds of $323,695.46 will be available to redeem bonds, at par, on November 1, 2005. $340,107.96 169,193.75 -16.412.50 $323,695.46 -2,400.00 -205.000.00 $285,489.21 Current sinking fund balance DSRA Less 11/01/05 interest payment Available to redeem bonds Less bond redemption expenses Redeem bonds Cash balance We would recommend the $205,000 of the surplus monies be used to redeem bonds, at par, on November 1, 2005. This will include $65,000 bonds due November 1, 2014 and $140,000 bonds due November 1, 2015. This would leave an outstanding principal amount of $300,000 on the issue as of November 1, 2005. Notice of this early redemption would need to be made by October 1, 2005, pursuant to the bond resolution. Wachovia Bank, Jacksonville, Florida, serves as paying agent for this issue. Please call if you need any additional information. N~ 2:J(,C1b Nate Eckloff Managing Director U~5-t.f, Wes Bradish Associate Cc: Robert Freeman, Bryant Miller & Olive Brenda Miller, Bryant Miller & Olive , . '-' ...." IRBC '--r; Dain Rauscher . . . September 15, 2005 Ms. Marie Gouin Management and Budget Director St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982-5652 RE: $230,000 St. Lucie County, Florida Special Assessment Improvement Bonds, Series 1996 (King Orange MSBU) Dear Marie, The above referenced special assessment bond issue is currently outstanding in the principal amount of $45,000, Based on the information provided by the MSBU, finance and management/budget departments, sinking fund monies available to pay debt service currently total $52,075,77. $24,875.77 27.000.00 $52,075.77 -45.000,00 $7,075.77 Current cash oh hand DSRA Available to redeem bonds Redeem bonds Cash balance (available for accrued interest) We would recommend the $45,000 of the surplus monies plus an amount necessary to pay accrued interest be used to redeem bonds, at par, on October 1, 2005. This will include $20,000 bonds due October 1, 2010 and $25,000 bonds due October 1, 2011. The bond will be completely paid off as of October 1, 2005. The County serves as paying agent for this issue. Please call if you need any additional information, N tth 2~J?(1b U~$~ Nate Eckloff Managing Director Wes Bradish Associate Cc: Robert Freeman, Bryant Miller & Olive Brenda Miller, Bryant Miller & Olive ..... "\.,-' AGENDA REQUEST ..",¡I ITEM NO. lOB DATE: September 27,2005 REGULAR PUBLIC HEARING CONSENT [ X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Purchase of Microsoft Enterprise License for Courts Administration for $106,445. BACKGROUND: Funding is provided for this by the $2.00 court technology fee which is collected by the Clerk of Court for the purpose of funding technology for the Courts. FUNDS AVAILABLE: 107006-601-564000-6000 PREVIOUS ACTION: none RECOMMENDATION: Staff recommends the Board approve the purchase of the Microsoft Enterprise License. County Attorney: -a , oug Anderson County Administrator Coordination/SiQnatures A Management & Budget: ~11ll11}1 Purchasing: COMMISSION ACTION: !XI APPROVED [ ] OTHER: [ ] DENIED Approved 4-0 Comm. Coward Absent /" Þf//j Orig Dept: Central Services: Finance: (Check for Copy only, if applicable) PWorks: Other: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. t \.., .." ADMINISTRATIVE OFFICE OF THE COURTS INTER-OFFICE MEMORANDUM 2005-92 TO: St. Lucie County Board of County Commission FROM: ~m Willis, Trial Court Administrator DATE: September 21,2005 RE: Purchase of Microsoft Enterprise licensing agreement software purchase Chief Judge Roby is requesting approval of spending $ 106,445.00 for the purchase of microsoft software and licenses. Funding is provided for this by the $2.00 court technology fee which is collected by the Clerk of Court for the purpose of funding technology for the Courts. Please see the attached quote from Software House International which is a state contract provider. THW /khg cc: Chief Judge William Roby Lisa Savage, Sr. Deputy Court Administrator Erick Mershon, Budget Analysis Steve Shaw, Court Technology Officer Thomas H- Wlllts, Court Administrator . 229 Courthouse Addition, 218 South Second St, Fort Pierce, Florida 34950 . (772) 462-1472 -- -- -..... .." .-- July 11, 2005 State Courts- 19th Judicial Circuit Attention of: Steve Shaw RE: Microsoft Enterprise Agreement Dear Steve: Software House International is excited about the opportunity to partner with the 19th Judicial Circuit on the implementation of the Microsoft Enterprise Agreement. As you have seen from the analysis, the 19th Judicial Circuit will realize tremendous savings in comparison to the select level pricing that your volume would nonnally qualify. Your Enterprise Agreement will be comprised of the following products: ~ Office Pro ~ Core CAL (Win CAL, SMS CAL, Exchange CAL, Sharepoint CAL) ~ OS Upgrades ~ 1 Visio Pro, 1 Project A "per desktop" cost will be applied to the 150 desktops that make up the 19th Judicial Circuit's enterprise. An annual cost for those desktops will be locked in for three (3) years. Any new desktops added to the Enterprise must be reported on the anniversary dates for the 2nd and 3rd year. The 19th Judicial Circuit's costs are summarized as follows: Order Type 1 Time True-up to Supreme Court EA Add-ons (Visio, Project, CD Sub) Invoice Date 7/1/2005 7/1/2005 .Qty 150 Customer $ $699_00 $1,595_00 Extended CostS $104,850.00 $1,595.00 Total $106,445.00 Pricing for the Enterprise Agreement is per State Contract# 255-001-01-1 Sincerely, Michael D. Bench Account Executive ... '-' .....,¡ AGENDA REOL'EST ITEM NO: C- llA DATE: Sept 27, 2005 REGULAR [ I PUBLIC HEARING [ I CONSENT [ XI TO: SAINT LUCIE COUNTY BOARD OF COL"NTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: LEASE AGREEMENT - KATHERINE ENGLAND/SAVANNAS RECREA nON AREA BACKGROL"ND: On September 21, 2001, Saint Lucie County and Sergeant Katherine England, a Police officer with the City of Fort Pierce Police Department, entered into an agreement to maintain her own mobile home at the Savannas Recreation Area. In exchange for this, she would provide security to the campground and assist with problems that arise fTom time to time. It is a beneficial relationship for both parties. The original agreement includes a clause that extends the lease to September 24, 2007, with prior written notice by either party. This agenda requests the BOCC's approval to extend the lease agreement through September 24,2007. Staffis requesting that the Board authorize the Chair to sign the amendment. FUNDS WILL BE MADE AVAILABLE IN: N/A RECOMMENDA nON: Staff requests approval of the first amendment to the lease agreement with Katherine England for living space at the Savannas Recreation Area and authorize the Chairman to sign the amendment. COMMISSION ACTION: CONCURRENCE: LX¡ APPROVED [] DENIED [ ] OTHER: Approved 4-0 Comm. Coward Absent Doug M. Anderson County Administrator Originating Dept: ~ Ch Coordination/S i gnatures I~ Management & Budget: ftf~ OOrec Fmao" Purchasing: County Attorney: (if applicable) H:\AGENDAS 04-05\9-27-05 SAVANNAS RECREA nON_DOC .. . . '-" ."",(J/ FIRST AMENDMENT TO SEPTEMBER 25, 2001 LEASE AGREEMENT THIS FIRST AMENDMENT made and.entered into this day of , 2004 by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"); and KATHERINE ENGLAND, ("Lessee"): WITNESSETH WHEREAS, on September 25,2001, the Lessor entered into a Lease Agreement with Katherine England ("England") for certain real property in St. Lucie County, Aorjda, and further described in Exhibit "A" attached hereto, for a term of three years commendng September 25, 2001, subject to termination upon sixty (60) days prior written notice to the Lessee; and, WHEREAS, the Lessee has requested an extension of the term for an additional three years, and the Lessor is willing to grant such extension. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Lease Agreement as follows: 1. The term of the Lease Agreement shall be extended through and including September 24,2007, subject to termination with or without cause upon sixty (60) days prior written notice by either party. 2. All other terms and conditions of the Lease Agreement shall remain In full force and effect. IN WITNESS W-HEREOF, the parties hereto have made and executed this Arst Amendment on the dates indicated fie/ow their respective signatures. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, a political subdivision of the State of Florida By: Deputy Clerk . . Chairman APPROVED AS TO FORM AND CORRECTNESS: BV: County Attorney ~ -_. -- --------- - _._..__.~ ...- --..-. --.-. - -~-- · ., ~ WITNESSES: Jt~ J, mL yf>MU~ .,,,'"""--NT\U!AS2\UÞ...""...._..... w By: Date: 9 - 9~05 2 '-' ...., AGENDA REQUEST l1li ITEM NO: C-IlB DATE: Sept 27, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Sl:BMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: 28TH NATIONAL BIKE ROUND UP AT THE COUNTY FAIRGROlJNDS BACKGROUND: The Saint Lucie County Fairgrounds has been selected as the site to host the 28th National Bike Round Up. The event will take place during the period of July 31 - August 6, 2006. Due to the nature of the event, staff is requesting the Board's approval to waive the 11 :00 P.M noise ordnance (Ordinance 1-13) in order to proceed with the contract negotiation process. Based on last year's report, this six-day event will positively impact our economy. . FUNDS WILL BE MADE AVAILABLE IN: NI A RECOMMENDATION: Staff recommends that the Board of County Commissioners grant a special permit for relief of the noise and vibration limits in Chapter 1-13, Saint Lucie County Code of Ordinances, for the 28th National Bike Round Up to be held at the St. Lucie County Fairgrounds for the period of July 31-August 6, 2006, based upon the following findings: (1) the activity will be of a temporary duration and cannot be done in a manner that would comply with Chapter 1-13, and (2) no other reasonable alternative is available. COMMISSION ACTION: CONCURRENCE: IX] APPROVED [ ] OTHER: [ ] DE1-<lED Approved 4-0 Comm. Coward Absent Do . Anderson County Administrator Coordination/Signatures County Attorney: 'Î""'-å-"frl Originating Dept: 7 H:\AGENDAS 04-05\9-27-05 FAIRGROUNDS BIKE ROUNDUP_DOC Management & Budget: Purchasing: Other: Finance: (if applicable) "" ~ "wII Agenda Request Item Number Date: Consent Regular Public Presentation Leg. [ c j-Z-~ 9/27/05 [X] [ ] [ ] Quasi-JD [ ] To: Submitted By: Board of County Commissioners Growth Management Presented By __~ c- 'I ___' ---~ Faye Outlaw, Assistant County Administrator SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: Approve First Amendment to Contract No. C04-03-132 with Craig Richardson and Clarion Associates. See attached memo_ Funds are encumbered in: 102-1510-531000-100 (Professional Services) Unincorporated Funds_ N\A Staff recommends that the Board approve Amendment No_ 1 to the consulting agreement with Clarion Associates and authorize the Chairman to sign the First Amendment. URRENCE: o DENIED Œ APPROVED D OTHER Douglas M_ Anderson County Administrator Approved 4-0 Comm. Coward Absent Coordination/ Signatures County Attorney Originating Dept.: Finance: (k' Mgt & Budget: ¡J.,:fI) /~ IT: Purchasing: Other: ¡;;/f (Insert file , '-' .....1 INTER-OFFICE MEMORANDUM ST. LUcrE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Faye Outlaw, Assistant County Administrator DATE: September 19, 2005 SUBJECT: First Amendment to Consulting Agreement with Clarion Associates - Amendments to Land Development Code ****************************************************************************** BACKGROUND: On March 9, 2004, the Board entered into a Consulting Agreement with Clarion Associates to provide consulting services for land use/planning assistance to the County. The parties desire to amend the term of the Agreement retroactively to extend it through and including September 30, 2006. Attached to this memorandum is a proposed First Amendment. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the proposed First Amendment to the March 9,2004 Consulting Agreement with Clarion Associates. and authorize the Chairman to sign the First Amendment. Respectfully submitted, Faye Outlaw Assistant County Administrator DSM/caf '-" ~ FIRST AMENDMENT TO MARCH 9, 2004 CONSULTING AGREEMENT BETWEEN ST. LUCIE COUNTY AND CLARION ASSOCIATES THIS FIRST AMENDMENT made this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (County) and CLARION ASSOCIATES, or his, its or their successors, executors, administrators and assigns (Consultant). WHEREAS, on March 9, 2004 the parties entered into a Consultant Agreement (the "Agreement") whereby the Consultant agreed to provide professional consulting services for land use/planning assistance to St. Lucie County; and WHEREAS, the parties desire. mend the Time of Performance allowing for additional time to complete all work. " w· ,./1. ""'" the paZ::g::~:~:::dE;h:~:::ra:a:s to~:t'ií~p~07onœined herein, 1. Paragraph 4. TIME OF PERFORMANCE of the Contract shall be amendment to read as follows: 4. TIME OF PERFORMANCE The Consultant shall complete all work on or before September 30, 2006. 2. All other terms and conditions of the original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. 1 ~ ....,J ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES CLARION ASSOCIATES By: Print Name: Print Title: 2 \ \ ~ COUNTy........ ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [jJ APPROVED r-l OTHER 'ApProved 4-0 Comm_ Coward Absent Cou nty Attorney Originating Dept.: Finance: '-' 'wI1 Agenda Request Item Number Date: C-12B 09/27/05 [X] [ ] [ ] Quasi-JD [ ted By ~ ministrator Request of Brant Shirard, Jr., for final plat approval for the project known as Shirard Estates Subdivision, Phase II. The project is located on property on the east side of Pulitzer Road, approximately 1 mile south of Orange Avenue in the AG-5 (Agricultural - 1 du/5 acres) Zoning District. Board of County Commissioners Growth Management Brant Shirard. Jr., has submitted the final plat for the project to be known as Shirard Estates Subdivision, Phase II located on the east side of Pulitzer Road, approximately 1 mile south of Orange Avenue_ The proposed subdivision contains 5 single-family lots. N/A On September 19, 2005, through Growth Management Order 05-024, the Assistant County Administrator granted minor site plan approval for the project to be known as Shirard Estates Subdivision, Phase II. Approve the final plat of Shirard Estates, Phase II SID and authorize its final execution_ D DENIED Douglas M_ Anderson County Administrator Coordinationl Signatures Mgt. & Budget: Environ_ Res. Div. Purchasing: other: '-" ..,,; Commission Review: September 27, 2005 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners FROM: Assistant County Administrator DATE: September 21, 2005 SUBJECT: Application of Brant Shirard, Jr., for final plat approval for the project to be known as Shirard Estates Subdivision, Phase II, a 5- lot single-family subdivision. On September 19, 2005, through Growth Management Order 05-024, the Assistant County Administrator granted minor site plan approval for the project to be known as Shirard Estates Subdivision, Phase II. Mr. Shirard is proposing the development of this parcel for 5 residential lots. It has been determined that this plat meets all applicable provisions of the S1. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the provisions of Section 11.03.03(0) of the S1. Lucie County Land Development Code, this office is requesting that the Board approve the final plat for the subdivision to be known as Shirard Estates, Phase II Subdivision and authorize its execution. Please contact this office if you have any questions on this matter. SUBMITTED: hf cc: Frank S_ Cuœurese, PSM Brant Shirard, JL Ron Harris Fíle Jr ~ ~ ï ~ .. 10 ( t Q, iÞ.c oU ~~~ .... ~ ~~~.( 11.1 1< 'C ..~ ~! ¡~ )~ <~~~ ... 111 -"",>--' Þ-!i: O1I¡t.I..... Qi~ h lé ID!= ~t .~ :)!i": ::::~~~ (1)1= ß~~; I V¡~~~ IO~I ~"8~ IUc S>õ~~ ... l!'... l, L 0' ~~-- ~! ~:;'t~ (;- ~~~~ n 0 L :& ~~~n. ... I ~.C ,. cl..,).... ., wi:;:! 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I!:~~ 'h ~:!i~ II) ~ o CJEI)C'A lED FU..rrzER ROAD s OO"32'Jr £ 661.5.1' ,~ --_. _ . . ---.,~ __. MAIA/T.- - --- =",J~ /:,_ __ __ __ _~.TÈI!~ ~~! ,--~~M)._54 ~~~~rLL \. '-...... . .- -- -............ ~ ;{~ g ~,,__==~_~---, \~~~~~ g;;¿ :f ;.ãm; ST. LUêË RVEFf \: ;~:1;~ 1~~¡¡ .__,___ __._--/~!!:~r·::'ro ~ ~ E~ffi~ ~ """"J;I:,,, ~.,~~~~ $ '-.t:ST~-CFSE~~n- -- - ---- - -'-- ~ F . " o u ~ " g ~ " . ~ . ~ :~ ~> ~z 5rl :~ ~ õ t;¡ ~ II- ð ~~ 0 ~-- §~~ ~ ~ I . ~ ~ ð ~ _ .... u ti +-.- ì ~"<:'-"j- .....'".......... _'0---' ~~~ Y~Vytrj ~lw~ ~~~ -~ : z ~ wO- ~:~,~ ~~ '&~ ~~~ ':i~ vi vi uj DO WLuI4J ~'a::~i!:~ ~< <:>. ... '>-<t Z "''õ z i - " ~ ~ ~ . ~ ~ o ,0 ~3 " ~O'\~ is ~t ~ R ~c ói = ~ 0"- ~ <fi~ ~ ~ ~~ 'I: ~ ~c~_~~ ðf:!--J1' i ~~...,!. ~ <~~~~ . ~,,"~ 2 v ~ It: (i) ~O,,--:" ~è§ ð3~~s! "(.~.. ä g~~~~~ 0- ~ ~ . ." . . ~=- " ! ,)I.. . ~ ~~'~~~: .. 'f~ ZZ<:II\ å. - is -, !! ~ ~ , , I~¡...·'- -~,~. ';l _ _ ~c or¡ 1;::"·- 1<1<""'........., 1":)'" uuu \) _1" . ~;... , :.0(:" ; .. ¡æ.t-. ...~.~ 3:"'0 ~~". -~ ~" ~s OØ"J2'J6-f !~ e \!oJ E__6!!.Z._~ _-:@...~~ ~8 r - ~~ 1- -)- - ~~..~~ L----r----l ~~~~~o, \ ~ .,~g \j~'<¡;~ '- - " '-"" AGENDA REOUE,T .TEM Nt: IS DATE. September 27, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO. Board of County Commissioners ,UBMlnED BY (DEPT). Administration ,UBIECT. Children's Services Council BACKGROUND. Please see attached emails PUND, AVAILABLE: N/A PREVIOU' ACTION: On June 13,2005, Kathryn Basile, Executive Director of the Children's Services Council sent notification to Administration that council member R. DURe Nelson's term will expire as of November 13, 2005. On August 9, 2005, the Board selected three (3) nominees for submission to the Office of the Governor, for consideration for this apPointed position including R. DURe Nelson who has been determined ineligible because of term limit. RECOMMENDATION: Staff recommends submission of the two additional applicants (Toby Philpart and Queen Townsend) to the Office of the Governor, for consideration for the Children's Services Council appointment. Approved 4-0 Comm. Coward Absent :;/(- Douglas M, Anderson County Administrator COMMIIIION ACTION: )J.APPROVED 0 DENIED o OTHER: Review and A......_.. County Attorney: _ Management & Budget: _ Originating Dept: Other: Finance: (CheeR for Copy only, if applicable) Purchasing: _ Other: _ Effective: 5/96 .. , ,Children's Services C<, 'il of St. Lucie County '-" "wIÎ Page 1 of 1 Douglas Anderson - Children's Services Council of St. Lucie County From: To: Date: Subject: "Knight, Mavis" <Mavis.Knight@MyF1orida.com> <douga@co.st-lucie.fl.us> 9/2/2005 5: 14 PM Children's Services Council of St. Lucie County Dear Mr. Anderson, Thank you for your letter dated August 9, 2005 to Governor Bush regarding the nominees from the Board of County Commissioners for the Children's Services Council of St. Lucie County. As we discussed today by telephone, Governor Bush has a two-term policy, which means any person who has served two terms will not be considered for reappointment. Commissioner Nelson has served two terms; for that reason, we have been given three names as a possible replacement for nomination by the Board of County Commissioners. The names are Queen Townsend, Toby Philpart, and Betty Barnes. We will forward the questionnaires to your office next week as we receive them. Thanks for your help. Mavis Knight Governor's Appointments Office The Capitol Building Tallahassee, Florida 32399-0001 (850) 488-2183 (850) 921-0733 Fax mavis.knight@myflorida.com Appointments Home Page: < htlp :llwww.myflorida_ com/myflori¡ja/government/bushte>a m/boardsCom missionLZQ05_ hIm I> *********************************************************** Please note: florida has a very broad public records law. Most written communica~ions to or from state officials regarding state business are public records available to the public and media upon request. Your e-mail communications may -¡:herefore be subject to public disclosure. file://C: \Documents%20and%20Settings\Administrator\Local%20Settings\ Temp\GW} 000... 9/21/2005 .-. ....I Page 1 of2 Missy Stiadle - RE: Children's Services Council of St. Lucie County From: To: Date: Subject: "Knight, Mavis" <Mavis.Knight@MyFlorida.com> "Missy Stiadle" <MISSY@stlucieco,gov> 9/21/2005 9:33 AM RE: Children's Services Council of St. Lucie County I have faxed the questionnaires to that number, please let me know if you do not receive them, Mavis -----Original Message-m- From: Missy Stiadle [mailto:MISSY@stlucieco.gov] Sent: Wednesday, September 21, 20059:26 AM To: Knight, Mavis Cc: Douglas Anderson Subject: RE: Children's Services Council of St. Lucie County Please fax them to 772-462-1648 and I will put them on next weeks agenda for approval to send. I will email you as soon as they have approved to submit so that you can proceed. Thanks for all of your help have a great day! »> "Knight, Mavis" <Mavis.Knight@MyFlorida.com> 9/21/20059:22 AM »> Missy, Thanks for your follow-up on the applicants for the Children's Services Council of St. Lucie County. I just faxed to you the questionnaires for Toby Philpart and Queen Townsend; however, I have not received a questionnaire from Betty Barnes even though I have lefted a couple of follow-up messages for her. We are okay with your office moving forward with the two applicants, Again, thanks for your help in this matter. Mavis Knight Governor's Appointments Office The Capitol Building Tallahassee, Florida 32399-0001 (850) 488-2183 (850) 921-0733 Fax mavis. knight@myflorida.com Appointments Home Page: http://www.myflorida.com/myflorida/government/bushteam/boa rdsCom missions_2005 ,h file:IIC: \Documents%2 Oand%20Settings \Administrator\Local %20Settin gs\ Temp \G W} 000... 9/21/2005 '-' ..,; Page 20[2 *********************************************************** Please note: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. -----Original Message----- From: Missy Stiadle [mailtQ:JVlI$_$Y@s!:luçieco,gQI,I] Sent: Tuesday, September 20,20059:23 PM To: Knight, Mavis Cc: Douglas Anderson Subject: Children's Services Council of St. Lucie County Hi Ms. Knight, I was just following up on your email from September 9th regarding the questionnaires from Queen Townsend, Toby Philpart and Betty Barnes in which you wanted them to be replacements for Duke Nelson whom has served two terms. To my knowledge we received no additional information on these applicants. Please advise. Thank you. Missy Stiadle Executive Assistant to the County Administrator St. Lucie County 772-462-1156 file:IIC: \Documents%20and%20Settings\Administrator\Local %20 Settings\ Temp \G W} 000... 9/21/2005 - STA.TE 01' I'LORlDA '-' c!&ffice of tfJe ~oúernDr .."., JEB ElIJSH C¡OVEI\NOIl lHB CAPITOL TALLAIiASS£E, FLOR.rDA 323~9.0001 www.fl.eov.com FAX COVER SKEET GOVERNOR'S APPOINTMENTS OFFICE PHONE (850) 488-2183 FAX (850) .921-0733 /ì/L.'J}J I - V11.ut{!Lt11 rs ~5 1'L 6b Çot, ~~ Cõ~t FOLLOWING _ PAGES (including cover sheet) DATE: TO: . . j - ·ÛS . a,·w;Û-i~¿ ,- . FAX#: FROM: MESSAGE: Fax Operator o . G Governors Mentomg Initiative ' 2 nAJ1¡¡NTQR.IEAII<lkSLP. \ .,..... ·S0I).82S-.17i/i --~ - ---........ ....,...... ...." Qlct I ..,.~I....;.c:.f...,¡,¡ :5';'1 :!:.d.::!: 05S'" '-' - - -- 1'J ....J j " ...... - _..,.~- ',,~q y; 20 ~~, ~.S AI'POU,Th'I~t(1'& Off\tt QUESTIONNAIRE for GUBERNATORIAL APPOINTMENTS ..__ ~ 1'" ~.- :..... . () ~'I:Y;;-,..':,,: t'4fèi; '\, t t~, I>,.... "c-;\,\ f[--~, ,"'... 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Ya It' No C I' "Yu·, Id8nûfr ðI,oeåICII(i),Ih<! n~.¡ ClÍtM: .tsIpiol'ini IIJtIII.~. me! ~(~1)!If Illl lIo)'IMn~ ~t.ktt +1ìnc.·I'~1 &tßf. ø+~.Lv::;~ }q¿7--~öö I - :3 1\(,>'1... 6I2OOÐ f".e5 ~~~-~~-~~~~ ~(:27 A~ CSTOWNSEND B~1 Z4~ e;¡s:ss p"",~ '-" ...",., \1, it. _)U\lf."¡-" aMift_orcl ~~Z· ' ~:: ~. , 8. H&w)'OII,.c,,1III -~..-(o), ptgrWS!oBtl etIIir.¡on(I},l \'dIIi~i\lOlJ rtl* 10 thc.åjill!t rMII'I'of'lll& _-I" '.~. ]010 D [f""'-,IIII:; ;j ~~~~~~n ~;~~~ ~ ~$~'IÆ"CQ:l k..JP. - --, ç. Btwyou_¡"cd I ,,~'II'N'6Iar ",~iMn.*_I~...JIOitjHt .,..,o!'t'k;. lI 'IPCIhI!lnut' V.. ....1010 Cl 11'"'1'05". nit / ~ I ~~~~j,.~~~'¡"f/; L~~,~~ _~_ci : -=-. D_ Id~"1I tII~l1\bcuhlpl &IIòlSIOC!. olli_lwId by~.. :b&",I~ 1CI1II!.1ppÞ~ ~;5 ~~~~~t-~J;~ 1&, )o yVII OUI'I'W\y~aI Cll!lce ~ po:"~ (.:Ip1'l" Tli~e, cÌ'l1li1Na;, ar.) with tlla IIIdIl'li tfllIIYforéoiSI' SCVe'mIIOIIl? Va n Nu ~ If 'Vt,' , 1iø; 17 _.__ -.--,.--.--- - iP. "'" Hm: 1ØUVII' \Ice" elect.:! or appain1;o¡ t~ &!I)' P1IbIi. 9I!I:t ¡n iIIiUI.lt'1 v. C No i:I If''''.'', 11IIC Ib, cfhofit1l. dill. of tlccdC'll or *Fi'01a_1. 111111 ~f\:)m~, omS Içvel of .~1'It (city, eCIIII~. ~Cf,-' fldlll'lll): ~ 1i!1II_.._..ð...e.....?~- ~81-"- ~'_"-~ v trl¡oJ'rrl;;j Irrle,.lrrl 3~'r"¡~!,I1J,d- ~ sJ¡EA:le rk,J¡ ~ 'lWY1*"" ð/3000 _..... ____ ILl I .--=-COo ~"'I 1I0:oI.0 I UIIoU·10a......1J ~"'1 :;:..~ 01"383 P.@7 '-" ., ~. ')IV¡¡r..~jctWIlCl! .I ~~1),~tI'I(I. .Qr~ðl,ll\~\(J): I V (I) ".... ~ucml~ ~ II!: 1I1"lnpIDIIW'J!~\ -+wl"c.£, DF''' rn I:) (')--+fo') - (~) 1fVð" ,.,..uðw orthe rt l \..I)' GI\,"1.4~P,ltIUIlI\C ~~""""atl'!P'¡l1I' !/C)1I1I\t ! IIId,1III~\,II\'Ib., 1011 1TIIuc;4, aM !Ie ~ "011,') ¡;r JQur WØ\~tÎ, ~ .!r"""NI!II·~..r f{O()~ ...r........1IIII:f!I:I. ill ¡:t.' , ~ ~--~ ~, H. ...~.- -'~ ":~J:..' ..-....... -. ¡ I.,...,·· ,..".- ....., ~a!lð5lnp1~~ 'fu O:N. 1f'"Yea~,IM¡I;;..j\!: 'IS III!I:IØ'I II.[A- 7." Ktw)IVu.vUbet1>l\ll.mdMh"'=)'O~lICIby""O\M:I'nO'Gfthc:51i1f.tP10"1d.a'! Yo. C No i If"""",;;;" 1\. Tillu£ofii- _ It 1Ft C RCllGO Ibf JUllpØlliop, ¡,f /It 1\, Da1aotWPCl\i;ða -ÁLjJ± D. ".ulr. ~Ì'II$rœ:\ ~ lUma~ I::J 1'....."11. 0 :l2 H .~ ,ou,",,\CI1IS1y~..n lI'P'T'¥eQ = lII)'tNl!:.éI1\!1 :a;uìrw;l-¡;I'\I'II".!'I~"'" Florida w,1IIa'7 -ves C I'll! r¥ :t "y.", \iltl 1'\ A. TI~ofQffMI_1~ ~ :-=~;~: ~ÎF - %), !-1M ~QII ~_nj,"'.1!dc1.iI)','ur«y,,crfOMl-'O'CÙ"~ftI!" Ye:I C No J( U'''Y...., "'I'ltiII: ~* ~= -'" ~- 14. Ma>tcYo~høIt! vr*, y.ulloldcr, oQ,."IlT*''''cJ C111""IUI'UIIIIi 11;;.- CII" ecmt'\wo In 111, SlId..f~ Yc$'" No ¡;¡ 11'",\,.', ",Ø'I'id' t\l.fllll 1IICI!IIIIIIba. .m8lnil Ian ðaU!, NId i JllinJ ZiII"hcn'1l'f· It IJ',)' ~-r IOtÍ<IÐ (~C~IM\, ~II(III, mo¡a1lt11,ðls\;IUI:ISI() ,aI1WI'-" "I'IirAt \lDC1lyv.tIIR11¡ .~~, ~"Þl# ìndllllclØ'tII. "¡ton ... _...........~ ...... ~~h Î:t- ~~.¡;,.r .(+~¡;.J., IV-......,~ nr. ,....t? "'-"- " 91W' )'II., CIC 'oI....n flfwbtr;t y~L ~z'" ~ ,\lid ~"nll, Qf!í;;$I, gr Ift\9I~lU, 11.=1' ' I)' ~1 Dr eell.. òu.:,c! ~e&llnp\i. ,~, IuI: foUl' (4):YO" wi1ll ~ I" DT laQ&( ~vr;ro~ ,'~ 111 flocidI.lIIo\lditlStlccrlfll.'l or a'lIIef!ðIM1tIc' I'Qqha~c bec1I ~pojmoQ ar .......1tIl\&lop O;¡\I!MI'II1 II"IS C NG 0 If'''f.", ~¡n' =~, Jt., _.. -'U,-----.. ....LIII.i.I ..,_.......AT~.....·-- po - - - ~ ""vitI4~O SEP-2~-~œ~5 ~?:~~ AM QSTO ' I-ISS:HD 561 34õ ;':¡ ;lIõ ...<;I~ '-' ..."J B. 1'11111 mœmba-a øfyo II: in\lMlÜlI1:Ilurily ~S IINI". eklld, ~II(J). ilblhl&)(I);' Q r bllllblentJ o!whlell mmIbeTI d IIMIf 1mm.C1.~ rend ~ brow bm1 0'ImK10 ~lfIœr.I, or ft1I\oYU5, IlCld ~ I:ICImlalJNol or ol!l4ll" dINet dallIIp ~. t11e IuI fð~ (4) !'W' ";tb..~ 11110 D' 1_ pmIJIIuw..en'<' in PI~i~duði" "'II ~ I'r IIfI"IGT I» ~ 6¡. )'ou!lave bI:eø ~Qi l\IQ or"'O IHIci\II! lIppoilltr'de71!'l V. Q S<> ~ f"Y'0I",~: ~,,"'''''IIoI......n ~....~ ~1..a'1IIt.1Ut.. ,........_ ....Jr J~D~ _.a.'I"I"IIØ~"!'ðaJl!lf'I":!I!I .... ¡rIff . -v-- . ;¡.~, I/,JOC)'eU.....1 ~_" .., ~ IÞIlb~ ~II T 111w, ~ IDlPbklð II ~y It<¡II øt pI"~!DC1\t.1l M'f ~t \8dm11¡ t. 1161 ll 'e (~) !W" 'l'u c:I 'Nv 1'1 I It.- Iud J"'" ,....~. ~ ~tlŒ1 çdler t~ r*ia1&uMlllenlfor I'Xp.eMl'l y"s ¡:¡ '1'1.. C II. }/1ImO Itf........t or 'fIhtt' )'OI11o\llli1d aMi..... prlMÍ}$I(I) )'OU rtptt_c, I ..~·_.n .....1;{0 f) e- _.....~__AÞWII. .. --- J'I. .j1l.1I11H IOII$OIII ......0 \ lYe Iœown yQ\I 01 ~~ 1M'" fi". ~5)~, IncllÕo a 01111'l1li. «nI\P1tt.......iIIIØ III~ ell!'llbçr. þc uðG ycIIrm.¡"..lIIIilm.... of'INI PlDTldLSI!llIØ, I __ ....III~~ ~ r·................~ ~~f ft~~ R.(J~. M. 0 _lþlJ ,£¡Db 17.!J- 4, ~~3Jt¡.r 29. ~_ IZI)' D---' pr,~oI1JI, ~-!- chjO, 01' htlmll orpnJD~..N(I) .r...llI.!! I'fU _ ' OW I ftIIIIixt. 01' 0' ...lItr¡h )'CU 1Ja.. b_ ~ ~a'dlllloSlIhe pæt ~I:t (J) yarJ, the orp'Ii.WiIl1I$1I'1H(II', ."cI døCl) .'J'DU'I' 1!I!!IIIbnn1p(s). . , __ tMU.~ tzIF1"'III!LO"~ ,--M"'--" - ~i'J~? ,/~~ ::::;.f.~, - ' Iq~J -lm!~o.þ Z" Oil you n..ohl1yrlilOl\wh)':IO\I "^U1!c!fSlbll1V.e1~ filiI, '10 tilt d'll!*l ennaQlY!ce 01' pQ.ttan ~wlddl ,~I,) h."" baan or will \lUPl'Di:wI" yes 1:1 ['o<n ", If'''Yer.~, t~þ\al;, -- ____ d:I -- - .0. Ii' rllO\~lIecI D)o lawel 141'1\iailtr#I'Juwe. w;~~u I'\~dblllliil: dÎII:Io.,..1 &1l11em...UT 'Y1rS ~ 1'10 a 6 ~'IIIe<I~~ -, '-' "'-" ~ 8EP 19 ?nnlj ODVEANDR'S APPOllmlilll OHq .' "r-- QUESTIONNAIRE for GUBERNATORIAL APPOINTMENTS .:'õ~"-' __c_ .'. - ,..... ~ .'. _"I' ._=_ n;;~1:;" < ,~~' <~ofJ- ~"!II ~. __ "_' _~.,t:- 1'.-;-'; . ;/--!1J ~~- -- ,- -".' " '. .-"""_.....:...-'~- ~ ·.'-·.-·-·i· '. ' > -,-.-s, fØ:,})'C'- ~' '~j ;, ' ' ;. -~-F. ~, ,',1:' ' ,:-1-" . -'-, ",,",:,~_cA=, - ~-~\ .-'~"":~"-.~'~;ã).~-./~...' ". ....... _. ,I. .-, , ~_~~~."" - 'J' . '·w~{- \.of =OR THE GOVERNOR'S APPOINTMENT OFFICE The Capite!. Talfahassee, Florida 32399.0001 ...., The; lní<Jlmillion ÚQD1 this pqc has bee;t¡ .,¡q1ò.at..d and will bill used dcl~ vltly by the OOVER."10R·.o; Ql'J"ICE. PI....~e type or Ule bbll:k ÎDk. I ; ==./1.4/~~::!, ~ft:'~jjls:¿u¿je~ 3, An< >W .õippl)·Ü!g fQt reaPJ!o~nt y~ Ci No I 4. '1)0 :rOg :¡~YC a !fuõability? . Yea 0 Í'Íð Jl If'wYd", pJe:l4~ ~e yowo diBa},¡¡¡1;' iliac 'W\IQuldq1.14lolifr )1}U rot thit ~ppo!rllmen ., if appliciotb1lll. ' ¡¡':Is-¡e tIQ' :female [:J IL -be: Wht¡e 0 HI ;piImc.Ama1cm [:J A!\:içq-.-\mtòc:an .. 7. Doyou:la.l', orbave )'IIU, wI!IM Ibelt$fm:MY'uo, been IIDXlllberofou,y dub O'I O~QI1 tlmt, Ie:mllt IaLcw!c.d¡:. in pnI~ ot policy, re:striœs 1JIIr.IÌ ~ «t JWèlWæd =mbem1lip dlU:ÌDJ; the ~ IbtY01l beleJ!.l)ðè. <>1' tb: bAais ofrJeò, té!J¡iQII, ¡¡¿liozW aå:!!ÌI:I, Of gcnâcr?' If sc, d~1J the:aame am œlure af1be cJ¡¡b(s) 01" OI"þ.,,¡"'tj"~I). ¡d<:vant po&ics IItIII p¡:ao;tices, and state whe1!ler yo~ jm,:,nd to ccmtim1e o:¡ D a¡ø¡¡¡þ= ¡(yo'.! ~d by the Gov~_ ¡\I / A-- 5. -St'X~ 1o.'atIv&oAmI!:I"!oanfAJaskUl Na!ivæ AsiJ.!!IPaciJÏc Isllil!~ o L:I '. ¡. , 8. One oftl1e Oov~h lap prlorlti5 it to im¡;D:O'¥'e 'lbe CO!Idil!oll$ Q:f..œ cJU]åren Jiving in our ¡tale. W.,wd )...u, be wilJirlg _tJ) '!pet)(l>m ~ ~ iI¡~k with a ebild in:¡¡e¡;~ j¡¡ your co~? If 'Q, plase idcl1tif'y 1bo ~e of ¡o!'O~am I.I!dIQi $otivit)' y¡¡u ,~ bI wiJJm.S II;¡ p_ipaM Ì!1 Js _.' _I«. '1:5 ..::z: wðv./l Wnf.,I1r.t. ~ ¢ ¡;r~ fYJ y e../tr/-r w,'/-f¡ 8!J !3r;;/I...q-;r ~ Bt'? S .s~rs/ y¿f-:r Wþ¡J¿ be C1¡Oer, tð h~' In or~t~~ ~i~~_,Z;':!rn~n<n./~ 'fk..¡.:::r: hAve.- rei ~ __"'onl~",o.:I(PI...ep';111) Þ €..ccIl1L Q-VVet re- c..{l. Thi.. jnÄJrr.;Jrian wtll tu:: USl:::id tc-provX!c ~1;Ii1w¡;phb;¡ R1Utbi and i.lnðt.n:qUl:lUl:td fb: 'tt.'~~'!101IH-'' ~di,c!"Ítntm:iEm.s; ar!:ln)' þQlíiW, I. ¡:'.vi'" '-"IOo~ 'w" ..." QUESTIONNAI RE FOR GUBERNATORIAL. APPOrNTMENTS lb, iJl!òm¡Q!ion ð'~m t~i~ Qu;$Iic;ru¡aìre 101m be used II)' ~ Go~, o1l!œ and, wh_ appllœb!.., The !'101id8 Sc:nat~;~ Gonsiilcring.q!jon on YO\Ir ~onflml~"". The ~1J~'lionn¡iIe MU!;T RE COLl'PLHTI!:D IN FULL. A.....",. "'ncllC" or """I op¡¡li."W' wherc appr,,",nCl1G, Ple..$I: t)lp~ or prift!: III bluk III!, i. Namo:: M.e- ~!;'];I-?~'-¡ :!ib1 Is; ,3 /l/. 23r¿ $T:' . 9/c,/~ I ' Dab! COl\1Plctoè 7Y r-one . ~J~,hls" UI~.u:::l~ pt-. 71 ~I"c. ~ 3.1 BI.::lin~D Add1-e8S; ........ ~C'1!" an . ~~ />4(110_: Ie; ::1/ .c:.( ZF{ 9Só 7 7.,2. ¥C.~-3Dfj r ,. &"I'41t .:I lQQDE wÞ. CQ~t!!:fi~ MIWRfjR Pk)&¿ f6¿vn m. R: I!U.,ff:ð If .ff /.âOk... mEfT <mY .......,,- 3Y9pL-. 77,;l t/~6~07rO NI(I.~~~ i"'I"I,'I'Itlel\ F:a.xiF 77.;1<160-9"0 <I .,.." ;¡¡IPQ)M lIOi.":'OFF',:;:EI~ POS'rQf'Ic.;c~ Spteif¡·th~ ¡mfon-od m!1illog add.... ,~Usi!:l8U ~ l!."5idenœ 0 (optio.~1 ) 4.. A. U~¡ a:J¡ yeUI' þ ~E:Ç atTe:l:idt!Ø fgr the last fj", (S};jW15, ~ =.iWIi II!.AI Q <SA-n1~ ~ (' MOVe- D. Li.alJ your rPlmIlr~¡¡1I c~t...l~..o.", outside o!Flwida tla:'(OI& 11.\'8 maimainod iii! IIRYtÎnl~durin¡¡ B ulthood. ðI/JIiiiI S ~ õSIIiI:!II (,d.);'Jh~ ß.¡fr~rO^ //-'r!=;..rc.1!: RGt.JP _ ~,.I.ðr... pI. £.(;> 5 Do,,""", 10- i:ti _~",~gf~Bìrth~; f/"J-fdAð ~r-~ ¡c-I. 6, 5o.:r.,¡ Sc~~rity Nurnb.r: _ 7. DrJ~t!1'LfœnsH ~l'r>b~r: P416 !?'If" ~r3..ç..ð{) _~~StD:e: t.../I,J!7.0()/= s. Hw~ >"'" ov" nod OTÞ.!cn 1I:l1O""'1 ~)'nrl~' oIku loS4!ncmc? Ya C No œI ¡("Ye " ¡¡x~I~", 2 ....viad GI~OOO '-' Yes ~c I:l ..." 9. An: Y'>'o1 . ÜTliml ~ Cillzw? If "No" ~I:cin, Jf Y<I U iIrto ".,m¡JOQ[i>!oiI çjlÌMn, elate of natur.lizatien: IIi- Sim: wlutyœrha'l1Cycu hee~ atO"ti~IJOWire¡idenl ~F\griàa' j,..te., -fúi e.. ¡:::¡- /?$r "end- ] J. Are ~u "'I!istend Flerida ...,¡....? ¥<i8 ~ No 0 ¡{"YeIII" till: A. C";ørtyoCreS;Gltati",,, $-f-. ¿L(l:".(e :EI. C"W:DtPll1J'amlimlooY~ ~+ 13, EdUOŒ~" '7'.. (I I ';) I :PR:d!. ~ A. Ji~ Sc:hcol:, '-Æer1"\~ ló ~ H-.~. p..{. (IJ,,,,-o,g;¡o.~QM) . Yw Ciradumd: 1 ~ t-' 2..- ¡;t Lit~~!l poocseœMIII')i!!(\aoatiora] inSliMi!!l'l~~~ ~1llð.'tI'ð'. U} I.'II -~ C,hI ¡M. Co//. ,4.,;- IVrr ~ (9fr~ - P-t. L04ðf. ?,;Ü~ (.dl/n,.. 'l.tf-<¡~ I · "'o:~r.."~n"mI~"il"!l .z. A- ';)~r ru'!- 13. An: youorbave you everbe/!IH mmb... or1!1o _ed ~ oCtile l,Jøiœå ~u1 Yu ty""" NCI 1;;1 tr "Yos" hI: A. Dales Clf¡OM": /1 i".2 - rr ~ B. &",>eh QT C~ODCBL ~ r - 1=t:J r: C. e c, tI*"tYP",ldiocbarge: tþr. 12.rf> I~ - 19¡;-C. ]4. Kayo)Ou ever ~~~1'/W1'Jd. ch3l'~ or 1I~icca:l1t>r viOlalOOII oelr\)' f&deraJ,.s!ate, r;:g¡¡;gty, Qr1Øl:liç~ Jaw, ~Iati"", ~r Oro:linal\¢e? ~chll!.tmffic vIc!~'sfl¡r .wlct,. tI""or cJvj! pem11;¡/cfSl50or \!!ss wQ'PQja.) ¡r"v.," .i..~_ili; I!!.tE I!I.oIIZ _ IIIIII!&IIctJ r ¡'\.//Rr 1'. ColICominE yOur C"!mI1 mplo>,!J' IInd tbr!ll of ,out cmp oyme1'lt cIuri1)g tIH last fi~ years, ¡j$l ~\I' e-.Io:-w'. I Irn~1 Þ¡¡:¡inm sddI"SS. t)'J>e at Þus1"eSS, OCCIJpœ.rlo~ or Jot: tl~t.lllld ]Z!rioo(s) of ~ð)lmÇnt ï7ii"3'" ;;~r;, 3rd $1.' '~'~'¡~4 p;;;¡'¡;' Çf- PrArC8- P 3> 1 'i' .., 7:J ~~I:I~I!a.I.uw....n.r." 1.3 -::'E ~ o..r ..s 1 -/ 16. Mrv. Ylnle"*"been. ~lojl'ld b)' ""yuaÞ!. riislJ'la. cr!æll aO~!.'IJtkl IpOcy m FJ01id2.? 'I... f({" >o~ ¡:¡ If "Y~''', i!\crl j~' the pcsmM1(s),I!t" nI)"'"(i) of the emp~1 "'I <mO)', ""~ Ihe p.toriðd(l) afompJO)'ml'l1t - ,~;C~~ 7'''' ~¡, pr ..~.......~u~ ... ~__,.....~.."..... S'r-l LlN¿ (--t!J. S~l.__ll .::Jðf':1,[-..J-ð02- !o 1\"'ÎI.~ l;o"!OIJO '-" 'WI 7, .... Sl~te yQur "'Ipaicncc. .wi inlcr~m or .1Cf! ~'1I CI~)'QU' >eO'~n:!l ¡'iSl:O~1I¡aI 'juaiiij. )'1X for in.. ~tm..,t ~ .,- M / ~ ~ ~ (r'\ ~ frC ~ \I, "J.va yc~ NðlliV«1I11Y dc~(.~tJ <41'1ib~{i), orêIlSÍSIIaIi¡)~s(&) ...taœ~ to tl\e <1.1 mó!œr Q_ ¡It;: kMoa~_' Yes 1:1 No 1t'~c.~,I¡I!: C. H.....:r<:'U recEived: c"y.."'IWds '" røeo¡;nìtions ~Jmng 10 llie sllbjlcl mllo.1e: o='~h ~ appQ~:~ y~s rI No~ If-'\'tes" lilt; . ". Id..,~ an ~Qj~ rrtIImben:b íp¡¡ II11d ;þ$«;~on c,mœs held bY)'OlI ¡bat ~* 10 d1J$ çpolDlment /fk.,.,...¿~ .4- p ~T- tlÃLl~ (C)~Íf ðlr~~' t.?Jfrl ~--,~~,~ ;;ç;:'~ '~~ ~ '-a.L.J;:c',..,4- ~ # I~_ O")'IID CIIlTclJlly IKIM ~oe or:po!lt1ol! (~ajn!lve. c;'1I11 SIIMeC. or "ther) "it~ the f!:de:'&l <>Tn)' 1ó:e1S!' gO''<fM1I:IJt: YeI! r:J No ~ rr"yl/'!', list ~ JO. A. HI.w; yc" oVili'ÌMln eJected orappoimed to mypœHo oí'f~in fU.....IO'· Y þr No ¡t··y"/,, ,tit<: the office ûdt, date of ,¡..-.Don or appoÌl\tm""~ WrnI or oHIO!!, oncI ]4 \It] of S""""""iØ1 (oity, Ç(lIIDey, '¡;Hri~ .Itu!, 1'ed.œIIJ}1 ~ r».'!'It!tI.I.....-.o.I.........IIOW<IN~1I'/' :ß6~ /J1'l~ - l/leAd~.~.r"" 4d- __ u···t'iIIII~)a ill"!! ::#G~!I-..a. (.J.ur-J ~()~" cl,ff ~tJ~ 4 1'Ié>,!<d óIZOOQ '-" ..,,; a. If:y<>ur ~crvi ce '""" 011 <111 a~~amtcà boa!d(s), tOmJ 1jtœe(s), or 'Q~n.j~~)J I (I) Hq", ftequenrly WÐe m@rJnio ochedul"", /lit l:JT'l ~ I y (2.1 If you missed III)' oftbe ropl.Tly Ichedultd _IÍ!I~ nDl; tII; n\.llT1b.lo!:n=rinss ~au 1llte\1dtx1, the num1:¡er yoo m!!'Jell. and [m, raliDn«¡) for )laW' :¡1Isi!nca(o¡, ~"""IHI".:t.¡t~! 1W!!"IriG5t!!!I!rn ~"""II ~.AII'~~ qc'?o ~(Î oú.-/-- þ-f. -h WtJ ~ 1IA-cP-.ft þo"1 20_ H~ probBIIlecauoe ever been mund tI'Iat)'llU ~iol:l.!ion œfartll1, C1I~1Ii<r 112,7$-, ,,,,,,Code o!J;tt-J",!br J'ubJiç Oofñccrnnd !:m I1."OIs'1 Yes LI No ç¡.r If"YIII", gi"..;.w.;!a: s:m ...."..1(".\1.... ...~'P- ~ :It. Heveyou .""rbcensuspand~o¡\ftor.lilnyofflCl:bydl:Grwt:""'rorlneSl&ltafFJ~d;.1 Yes Q N...6It"V...M,1i~ A. Ti,1o alamo..., c_ :v.-~ fOr NipenAiO,." B_ DGII ah:ß~onsj""r D. R....It' Røi'<$!A1ed 1:1 l\enoa~ ¡:¡ 22. l1ave)'ðJ ~QuWY bee~ lIJIPOint.d 10 any ooJfIoo thai rç¡;¡uirod COI\6"".t~ by the l'Iarld~ Smale? Y£IO :,"Y~~:::'om~: On ~ d ~<-Á f) r"\ e.. 4r I J 1 - 'If. ew-~ ~ (":1\A.¿d ~:~ fl Term of "l'pointnxnt c_ çorlii~(>/\ \'Mult.: 2~. l'I.ve yO~ eìI'" bœ!\ ~ a!!deüty, ~1Rty. pmormllllec:, oc Q\hçr Þond~ Yo, 0 No ~ Ti"Y""', e:l )\airo: :14. Have)'Oo hold", del you h«d: SJ! occu~1 dr'proressiOltIll U.tIIse or "ortm_;1> the $!:!I.e ofF]~a1 V.& D No ~ If"Y r:;:/'. provide thc;tnJc II1d ou.œe~. orIgIluI ùsue dille, a~d IJlu¡,,& , Ihoril;!. lfM\' dis.~1 irtal)' 3.."'tioa {!i.~.. pn¡œnQIl, iusPf'!!si1Hl. re\'<JC"~OD, lIi$bamIetJt) has __ becrI mMc qai:ut you by ltIe ¡lIiuj~ $\I.II!ority, a_1M ~ abd. _ of me action 1a1cen: '1IWI~1'¥rnv:'~"'T1:' .IIWJI!!M ~ j~~M~~ Illlef'1h:r~.III':TIO¡'¡oDA."I"I!!! ml(lliWl.JIJ!tØD JalIfr Haw :IOu, or bu.in...es Oí'lll~iClI)lðLl ~:\"e bee~ aDd 0\1"'.'. 6f1i!,or. or crnpJoy-rél\lI yr.on=tull CD' ctmr direct ;!!1llngu!uriL'1I ~\a IIISt four (.) yau "'íl~ ..y ~l2Ie or II)eAI 8"...o:mrmntala!ç .' 1",ida., includillg Ihe off.....r ~elJC)' r, which yo~ haw heeD appOiftb:d or &1'1! seekinS appoinftl'lcnl1 YI:S 'No 1:1 If"YDc", ""p1~i.. JS. A, š;:;,:~' Se. (r~ ¿¡;;;~-':~J M-J.- ":""¿~~~G-.r..L.J,~ i 1\ p.,rJ-n.-.:'J.....p n, . :-;~£. r-Q~K\ ðYF- ?~b ~ ~~/-e.- 0....311.5. 5 Kv¥¡II:'J 6r'~()( t> '-" ...,1 B. Hil';; m=~rn trf you. irn!,,!Jð~1<: founily (,pOtU", cJ1id, ptreel:('>' $i'ollllgc(.»), qr bUDÌDC8IIe~ of...¡'¡Q ¡ 11'1.1111:>..... of )lour IlM'led we t.l.mlly have ~ 0"'1111'1. ot%iceri, or ~t>y~ },old ~ ~"'I.I ww.OI' ðI'"Qi de.lli:;np d\::int tt>c lastt'eu, (4»)lean:w![~ JnYttDte orbeIJ ~ aþlty!llFio~ . Wdm¡th; offaçeor ~ow.;¡j'\Q ...hicll )'O~ b~v~ ~et'! I!!'poirnOlð a7 STe ~~¡¡ appoinlllM1n'l Y;$ ¡;;¡ No [{""r·es·, to<piadl, Ii:nl.tll....Mf.~ P.u.lIl.'II,....- ~~ U~~t'I¡:IVD"'UI r.Æ:l.ß'~IU.4I..ot'f"I~lr UUa1IPWBl...-wo\-~~P!UI ~ ~¡;_ H~ve)MU ever bUll II regi J~~ \'6 C1 No A. Did )lQu "'e~;v.. ¡my C01".p!!'lj lrl~!I òlh.... thari noimbursemen1 (1)1 c.>; IJ ISeI' VeJ 0 No 0 S. Name ofa;""D)' orcm!!)' Y"~ ],¡bbt. IIrId lie I'tin.ipa1(.) )'Cu "P'anl\;<I; 10 bll)'i51 or hAve ¡'OIl )oj bled lIuny 1ò'V~ or ~cv«11 IIIlmt III In t IÍ"'" dJricg the put fj ve (5) "G~lnlll'tl'Pl':l _1IiW ØOQE~13 27. Lis:; three PC!·".."" wII" JLao.¡elm~ ~1I~ ,.. thm the: palle Ii.... (SJreen- ]n.Jude II ,,,Mat, oomplC1l:IIdI..'rea.,d ,"lllJ'hono "'Imber. !~g 1<de)'l>\II" Itlat!Vcr u.d IIIC!nbcrs of Ibo !'1oridA ~CflMC. !t!I!I.. w.rt fIIl'I.eo&IR II2Jõ i AJtf114~~~.tJIiI.&1I ~;,' ~~; Þ~~~/~E1.~~~i~1~:: 2S. Nama on)' b¡¡iinCSli, promç;o:"JQ~ OCQI~IIU, oi~ 01' htllrnal orpniza¡ a:-.9(s) ofwhiçh )IOU are now ¡ mel'!\bçr, Of of whiQi¡ :v~ hVII ken . memb..- d\lri¡¡¡¡ f:!c p$il f,."to (~~'MI'SI the CTPI'i7.lltion ædW-CII(r:s), a.~~ c1iœCS) of~'our m"",!wshlpCs)_ IIIMIL. ~".IIIIfI!."""'~ "'å:!Il"'IðtI...eLre~ ~'I'IrI!\i'V:fJll:l.ac::II!!':NP cS,..n.rc~r I:r..t.¡ ~I+t>o 1.rJ.l ¡4J.L:<,.jgr µ... ~~rl'ø Fl. 'T fa- ..1-oo~-~ ~ ft~., ~rti'" ?{'~ "" . Zðn.3-::: ~ ~~--.; ?u c(.p.e.:.j.- t-...........~(.. -~ (.......d~ ~ - ¿tit¡} .¡-?-(A.,r~ ~9. Dc yo. lu\ö.... Qf MY rtaf ~ why )l')U will ..~ b ~..~ :ll'Wmbt8¡:'po\l'1'tod? Yes 0 No ¡e~ ar=tld r"lIylC tilec1uties öHhe öMce or pc!mlX! Ie> wh;cb you ba",e IfMY~·, eqsIai!\! /' }O, Ir:«¡~i..d b~ jaw ¡¡¡ li!dM'!inimliw ",I.. "iIlyollli¡c fu#oeil1l dillt>IQsure stalcmlmt.~ Yn ¿ ~¢ 0 ð Itt:vlsoo 1Y2~OD '-' .." CeRTlFICA -nON STATE OF FLORID~ CotJNTY OF a M~. the und~gnH Ncltery Public of Fl(niOl. ~0t1¡!!1iy Iilp~rtd ï: Vlt.( ,who. B1IIIrbQ"'gd..œ;swcm.~jI: (1)fl1at helsne . carI!UIy and ~IJ' ~~ fJ ' ""'0 111$ In__ ro tnc fO"'QCllng ~uestîol\S: ~ !IQ! the inm"".1Icn _tain'" in sad an_ iJ: OOI'IIplQ/~ ~nd tru-: IIId (31 Ihut IWIshe ..,at, "" All ~1'OÌI1ett, tllly s~ppot'I1!'e CcHIs6lt111Gr1~ $' th.. lJ~l.d 61a11lll 11M <:If 1111 S- r:I Flcltla. 5wwrr to ~r\t'~acrlbed bFRre - O)\~ ÜYcl~.m~. C:-¡¡~L -:J, '- S!¡n$W-C Qf I-IQt ry Publio-ô!6'1e <>' Florida ~ (~'lA- L. ~ lc..-:....r -I"~:. ~ DORINA ¡,..EtIKINS ~.. MYCCl&1lSSION J!OI~6& .. * EXfIflES: No~2,2006 ">.~..,,¥ ~onào<I11I~IIUIIl't""""s.- (Print. T1I'.' or s~ ~i3>i,,"..d Nø mE: tiI Ne/øt¡I PI¡ ~i,,) My O«ÓMieeiQn ~ir"": I"nonllly !<J\OI'In ~ 01'1 Prgdllalld Idfn:mœkn J:] 'I)po O(I~.""IÖ;:¡ !fa> ProduQed, (sell) 7 ....,.¡".¡ "20M "" ...,J St. Lllcie Coant, Mosquito Cont,.1 District P.ul. A. L.wb, Ch.i.m.n Jos.ph E. SlIIlth, Vlc. Ch.l.m.. Dou, Cow..d '...ni. Hutchinson Ch.is C.... Dbt.lct No. J Dlst.lct No. I Dlst.lct NO.2 Dlst.ict No. . Dist.ict No. S AGENDA S.pt.m.... 27, 2005 I. MINUTES Approve the minutes from the meeting held on September 13, 2005. 2e GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 50 and 51 2e COUNTY AnORNEY Impoundment No.3 Wetland Restoration - Worl:? Authorization No. 19 with Hazen and Sawyer Engineering, P.C. _ Consider staff recommendation to approve proposed WorR Authorization No. 19 with Hazen and Sawyer Engineering, P.C., and authorize the Chairman to execute the WorR Authorization. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Manager at (772) 462-1m or TOO (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. '-'"' ...J MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 13, 2005 Tape: 3 Convened: 1: 10 p.m. Adjourned: 1: 11 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Frannie Hutchinson, Joseph Smith, Doug Coward, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Don West Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Smith, seconded by Com. Craft, to approve the minutes of the meeting held August 23, 2005, and; upon roll call, motion carried unanimously: 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 47, 48 and 49. 2. COUNTY ATTORNEY Impoundment Restoration) Seventh Amendment to May 25, 2004 Agreement with Native Technologies- The Board approved the proposed Seventh Amendment to the May 25, 2004 Agreement with Native Technologies,lnc., and authorized the Chairman to sign the Amendment. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 09/09/05 FZABWARR FUND 145 146 '-' ST. LUCIE COUNTY - BOARD WARRANT LIST #50- 03-SEP-2005 TO 09-SEP-2005 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund Mosquito State I Fund GRAND TOTAL: EXPENSES 16,673.20 10,864.51 27,537_71 'WII PAGE PAYROLL 38,186.77 0.00 38,186.77 1 09/16/05 FZABWARR FUND 145 146 ~ ST. LUCIE COUNTY - BOARD WARRANT LIST #51- 10-SEP-2005 TO 16-SEP-2005 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund Mosquito State I Fund GRAND TOTAL: EXPENSES 23,759.75 7,571.28 31,331. 03 ...." PAGE PAYROLL 0.00 0.00 0.00 ~ y/ '-' AGENDA REOUEST ,., ITEM NO. C-2 Date: September 27,2005 Regular [ ] Public Hearing [ ] Consent [X] TO: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Impoundment No.3 Wetland Restoration - Work Authorization No. 19 with Hazen and Sawyer Engineering, P.C. BACKGROUND: See C.A. No. 05-1558 FUNDS A V AIL. (State type & No. of transaction or N/A): Account No. 145-6230-563005 (Imp. O/T Bldg- Consulting Engineer-6956) RECOMMENDATION: Staff recommends that the Mosquito Control District approve proposed Work Authorization No. 19 with Hazen and Sawyer Engineering, P.C., and authorize the Chairman to execute the Work Authorization. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: Approved 4-0 Comm. Coward Absent Dou 1 s M. Anderson County Administrator County Anorney: ","Dept.: ~ Finance (Check for pyonly, If applicable): y Coo rdination/SÎ!watu res Mgt. & Budget. Purchasing: Other: Other: ~ , - . 4¡ '-" ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: St. Lucie County Mosquito Control District FROM: Heather Young, Assistant County Attorney C.A. NO: 05-1558 DA TE: September 14, 2005 SUBJECT: Impoundment No.3 Wetland Restoration - Work Authorization No. 19 with Hazen and Sawyer Engineering, P.C. BACKGROUND: Attached to this memorandum is a copy of proposed Work Authorization No. 19 with Hazen and Sawyer Engineer, P.C. for wetland restoration in Mosquito Control Impoundment No. 3. Pursuant to the Scope of Services, Hazen and Sawyer will conduct a survey of the impoundment wetlands and boundaries, obtain the necessary Environmental Resource Permit, oversee the modifications to the impoundment, and provide an as-built survey, drawings and certifications upon completion of the project. The lump sum cost for these services will be fifteen thousand eight hundred twenty and 001100 dollars ($15,820.00). RECOMMENDATION/CONCLUSION: Staff recommends that the Mosquito Control District approve proposed Work Authorization No. 19 with Hazen and Sawyer Engineering, P.C., and authorize the Chairman to execute the Work Authorization. Respectfully submitted, ~t:f>- Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Mosquito Control Director Finance Director Management and Budget Director '-" 'WIll WORK AUTHORIZATION NO. 19 Engineering Services Related to Stormwater Management C03-05-395 for Impoundment NO.3 Wetland Restoration Pursuant to that' certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Hazen and Sawyer, P.C. (the "Engineer") dated May 13, 2003, the Engineer agrees to provide the additional Scope of Services described in Exhibit "A" and for the additional Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN CLERK Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ENGINEER BY: ?cd:J' .1.,g Q~ Print Name: Hazen and Sawyer Engineers, P.C. Patrick A. Davis Date: 1 ?~. oS FtPProposalsSt LucieCounty095_doc '-" "will EXHIBIT A ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT IMPOUNDMENT NO.3 WETLAND RESTORATION SCOPE OF SERVICES Project Description St. Lucie County maintains several impoundments within St. Lucie County. These wetland areas are bordered by roads and natural boundaries_ Elevated areas near the boundaries are subject to infiltration by exotics which are not desirable and can crowd the native wetland vegetation. This project will remove elevated areas along the boundaries of Impoundment NO.3. This will include the removal of exotics and scrape down of all elevations to a wetland level up to the boundaries of the impoundment. Scope Task 1 -Survey ENGINEER shall acquire the following surveying elements: 1. Stake and survey, including obtaining elevations for the wetland and impoundment boundaries of 3.74 acres in Impoundment 3. Task 2 - Permitting Services ENGINEER shall apply for an Environmental Resource Permit for modifications to Impoundment No. 3. ENGINEER shall prepare the application and all necessary details for the ERP application. ENGINEER shall attend a pre-application meeting and shall address up to two (2) RAI's (RAI's not to exceed eight (8) hours of engineer work and four (4) hours of CADD work). Task 3 - Construction Services ENGINEER shall oversee modifications to the impoundment. ENGINEER shall provide up to forty (40) hours of construction services. All work beyond this amount shall be handled on a time and material basis. FtP-ProposalsSt.LucieCounty09S Page 1 of 4 Exhibit A '-' .., Task 4 - As-Built Certification ENGINEER shall periorm an as-built survey for all areas impacted with this scope. The survey will consist of the following items: - 1. Periorm cross-sections on Impoundment No.3 every 200 feet within the modified area. ENGINEER shall provide signed and sealed as-built drawings and certification documents to FDEP. Deliverables 1. Three (3) sets of as-built drawings. Assumptions 1. COUNTY will provide all application and pre-application fees. 2. No other permits will be required other than the Environmental Resource Permit. FIP' Proposals St. LucieCounly095 Page 2 of 4 Exhibit A ,-".. J EXHIBIT B BUDGET ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT IMPOUNDMENT NO.3 WETLAND RESTORATION ENGINEER proposes to complete this project for the lump sum fee of $15,820. Additional services can be provided on an hourly rate basis in accordance with the Continuing Services Agreement rate schedule. Task Task 1 - Survey Task 2 - Permitting Services Task 3 - Construction Services Task 4 - As-Built Certification Expenses Cost $ 3,520 $ 4,810 $ 3,400 $ 3,740 $ 350 TOTAL LUMP SUM $ 15,820 Flp· ProposalsSt LucieCounty095 Page 3 of 4 Exhibit B '" ..." EXHIBIT C WORK SCHEDULE ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT IMPOUNDMENT NO.3 WETLAND RESTORATION Task Task 1 - Survey Task 2 - Permitting Services Task 3 - Construction Services Task 4 - As-Built Certification FtP·ProposaisSt.LucieCounty095 Time to Complete from Notice to Proceed 6 Weeks 14 Weeks 19 Weeks To Be Determined Page 4 of 4 Exhibit C \.f "'" St. Lllcie COli nt, E.osion Cont.ol District F..nnl. HUlchln.on, Ch.l.m.n Ch.1s c..It, Vlc. Ch.l.m.n '...ph E. Smllh Doug Cow.... P.ul. A. L.wls DIsI.lct No. .. Dlst.lct No. II DIsI.lct No. t DIsI.lct No. Z Dlst.lct No. J AGENDA S.pl...... Z7, ZOOS I. MINUTES Approve the minutes from the meeting held on September 13, 2005. Z. GENERAL PUBLIC COMMENT CONSENT AGENDA t. WARRANTS LIST Approve Warrants List No. 50 and 51 :Ie PUBLIC WORKS - EROSION J7tO A. Artificial Reef Grant Program: Acceptance of a $60,000.00 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef construction - Consider staff recommendation to accept a $60,000.00 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef construction, approve the attached grant agreement with FWC and execution of said grant agreement by the Chairperson. B. Artificial Reef Grant Program: Acceptance of a $25,000,00 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef monitoring - Consider staff recommendation to accept a $25,000.00 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef monitoring, approval of the attached grant agreement with FWC and execution of said grant agreement by the Chairperson. C. RFP No. 05-086 for Professional Marine and Engineering Consulting Services for Artificial Reefs: Approval of ranl:ling and permission to negotiate with the three top ranl:led firms - Consider staff recommendation to approve the ranl:ling and permission to negotiate with the top ranl:led three firms and allow Contracts to be brought bac!? to the Board for approval. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Manager at (772) 462-1m or TOO (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. '-" -...I EROSION CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 13, 2005 Tape: 3 Convened: 1: 11 p.m. Adjourned: 1:12 p.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES It was moved by Com. Craft, seconded by Com. Smith, to approve the minutes of the meeting held August 23, 2005, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 47,48 and 49. There being no further business to be brought before the Board, the meeting was adjourned. ChaiTI11an Clerk of Circuit Court "" ....., 09/09/05 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #50- 03-SEP-2005 TO 09-SEP-2005 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 5,329.51 4,342.80 GRAND TOTAL: 5,329.51 4,342.80 1 ~ """" 09/16/05 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #51- 10-SBP-2005 TO 16-SEP-2005 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 818.41 0.00 GRAND TOTAL: 818.41 0.00 1 .. ....., .., ...,,; ~ COUNTY --JI, ~ AGENDA REQUEST ITEM NO. C-2A Date: September 27,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: Q?ut.w:l~4¥L Richard A. Bouchard, P.E. Erosion District Manager SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 SUBJECT: Artificial Reef Grant Program: Acceptance of a $60,000 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef construction. BACKGROUND: The Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine Fisheries, annually provides grant funding for construction and monitoring of artificial reefs. The amount of grant funding varies each year and typically includes a maximum cap of $60,000 for each application. On March 8, 2005, the Erosion District Board approved staff's recommendation for the submittal of two grant funding application requests to FWC; one for construction and one for monitoring. Per the attached letter dated June 17, 2005, FWC notified the Erosion District of conceptual approval of the $60,000 grant award. The main objective of the artificial reef construction grant is to connect two artificial reefs (concrete bridge spans) located in the Nearshore reef site (6.8 nautical miles offshore) with concrete railroad ties, increasing the complexity of both artificial reefs. This is consistent with the recommendation identified within the FWC's report describing their recent dive of this reef site where they located 3 of 8 bridge spans previously deployed in this area. Specific construction contracts associated with this grant will be brought back to the Board for consideration in the future when they become available. FUNDS: This grant is 100% funded by FWC with the Erosion District providing in-kind services such as project management and oversight. PREVIOUS ACTION: March 8, 2005: Board approved the submittal of grant funding application request to FWC. RECOMMENDATION: Staff recommends Erosion District Board acceptance of a $60,000 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef construction, approval of the attached grant agreement with FWC and execution of said grant agreement by the Chairperson. COMMISSION ACTION: []I APPROVED [ ] OTHER: [ ] DENIED Approved 4-0 Comm. Coward Absent CONC~CE: Do~ Andeffion County Administrator [x]County Attorney [x]Originating Dept Public WOrkS~ L/Y [x]Marine Resource Coo ¿ ~ . ·FLORIDA FISH ~D WILDLIFE CONSERVATION C~MISSION o¡;::;::,lI(" ,~~. ...., RODNEY BARRETO Miami SANDRA T. KAUPE Palm Beach H.A. "HERKY" HUFFMAN Enterpriæ DAVID K MEEHAN St. Petersburg KATHY BARCO Jacksonville RICHARD A. CORBETT Tampa BRIAN S. YABLONSKI Tallah88800 KENNETH D_ HADDAD. Executive Director VICTOR J_ HELLER, Assistant Executive Director -;¡1Æ1G:- It .Jeer- JuJy-8tr,2004 Mark Robson. Director (850)487'05541 TDD (850)488'9542 James Oppenborn St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Notice of Conceptual Approval for Artificial Reef Funding during Fiscal Year 2005-2006 Dear Mr. Oppenborn: This letter constitutes approval of a $60,000 fiscal year 2005-2006 artificial reef grant request for the deployment of approximately 1,500 tons of concrete railroad ties within the inshore artificial reef permitted area. Staff have begun drafting contract agreements and the project must be completed by June 30, 2006. Don't hesitate to call me at 850/922-4340 x209 if you have any questions. ;::9i¿tJ JD/kjm Jon Dodrill, Environmental Administrator Division of Marine Fisheries Management 620 South Meridian Street Mailbox 4B2 Tallahassee, FL 32399-1600 (850) 487-0554 FAX (850) 487-4847 ~ .."J FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION =,1J(" . ",u.'. "=>~ ..;-~ ø RODNEY BARRETO Miami SANDRA T. KAUPE Palm Beach H.A. "HERKY" HUFFMAN EnterpriBe DAVID K MEEHAN St. Petersburg JOHN D. ROOD Jacksonville RICHARD A. CORBETI' Tampa BRIAN S. YABLONSKI TallahaSBee KENNETH D_ HADDAD. Executive Director VICTOR J. HELLER. Assistant Executive Director July 12, 2005 DIVISION OF MARINE FISHERIES Mark 8- Robson, Director Ray O. Williams. Asst. Director James Oppenborn, Marine Resource Coordinator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 [õ) U U \H r~i un 'M I 3 2005 æJ RE: . Grant Agreement FWC-05024 Artificial Reef Construction ENGINEERiNG Dear Mr. Oppenborn: Please find enclosed three (3) original copies of the above referenced Grant Agreement for your review and signah,Jre. Please sign both the signature page (Page 8 of 8) and the form for certification regarding debarments, suspension, ineligibility and voluntary exclusion-lower tier federally funded transactions (Attachment E). Please sian and date all three coøies and return all sianed coøies to me by courIer service at the followina address: Keith Mille FWC Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 Upon execution of the Grant Agreement by the Florida Fish and Wildlife Conservation Commission, an original, signed copy will be returned for your file. All work must be completed no later than June 30, 2006. The funds are for the 2005-06 fiscal year appropriation to the Commission's artificial reef program. Note that the terms of the Grant Agreement incorporate the terms of your project as specified in your grant application, and the requirements of Chapter 68R-9, FAC. If you have any questions regarding the Grant Agreement, please contact me at (850) 922-4340 x207 or by email atkeith.mille@myfwc.com. Sincerely, KJM Enclosures Kei iIIe, Fisheries Biologist IV Artificial Reef Program 620 South Meridian Street . MailboxMF-MFM' Tallahassee· FL· 32399'1600. (850)922-4340. FAX (850) 922-0463 www.marinefisheries.org '-' ....I FWC Grant No. FWC-05024 ST. LUCIE COUNTY ARTIFICIAL REEF CONSTRUCTION PROJECT THIS GRANT AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "COMMISSION", and ST. LUCIE COUNTY EROSION DISTRICT BOARD, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982, hereafter "GRANTEE". NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: DUTIES OF THE GRANTEE 1. Scope of Services The GRANTEE shall perform the services and specific responsibilities as set forth in Attachment A, entitled "Scope of Services", attached hereto and made a part hereof. 2. Grantee Eligibility The GRANTEE shall be licensed as necessary to perform under this Grant Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. TERM OF AGREEMENT 3. This Agreement shall begin upon execution by both parties and end June 30, 2006, inclusive. All work described In Attachment A, Scope of Services, must be completed no later than June 30, 2006. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after June 30, 2006. COMPENSATION 4. As consideration for the services rendered by the GRANTEE under the terms of this Agreement. the COMMISSION shall reimburse the GRANTEE on a cost reimbursement basis in an amount not to exceed $60,000. PAYMENTS 5. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of invoices, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the COMMISSION's Contract Manager. Each invoice shall include the FWC Grant Number and the GRAN.TEE's Federal Employer Identification (FEID) Number. An original and two (2) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Invoices for reimbursement shall be submitted following successful completion of the artificial reef project described in Attachment A, Scope of Services, and approved by the COMMISSION prior to the termination date of the Agreement. The GRANTEE shall not be eligible for reimbursement for services rendered after June 30, 2006. A final invoice must be received by the COMMISSION no later than August 15, 2006 to assure availability of funds for payment. 6. No travel expenses are authorized. Page 1 of 8 \..i '""'" 7. The GRANTEE shall be compensated on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Financial Services, Bureau of Auditing, Voucher Processing Handbook, Chapter 4., C., 1. (attached hereto and made part hereof as Attachment B). 8. For Agreements whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 9. Invoices, including backup documentation, shall be submitted to: Keith Mille, Fisheries Biologist IV Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 Tallahassee. Florida 32301 TERMINATION 10. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. 11 . Either party may terminate this Agreement by giving written notice to the other party specifying the termination date and justification for termination, by certified mail, return receipt requested, at least forty-five (45) days prior to the termination date specified in'the Agreement. TAXES 12. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the term of this Agreement. NOTICE 13. Unless a change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE James Oppenborn, Marine Resource Coordinator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 772.462.1713 oppenbori@stlucieco_aov COMMISSION Keith Mille, Fisheries Biologist IV FWC Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 Tallahasseé, Florida 32301 850.922.4340 x207 keith.mille@fwc.state.fLus AMENDMENT OR MODIFICATION 14. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g. specifications, schedules, method or manner of performance, requirements, etc_). However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing_ Any Modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. Page 2 of 8 ~ ..., RELATIONSHIP OF THE PARTIES 15. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. 16. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 17. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 18. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Contract is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications - for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers' compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers' compensation insurance_ 19. The GRANTEE warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the GRANTEE's officers, employees, servants and agents while acting within the scope of their employment with the GRANTEE. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES 20. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this agreement. RECORD KEEPING REQUIREMENTS 21. The GRANTEE shall maintain accurate books, records, documents and other evidence that sufficienlly and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement, in accordance with generally accepted accounting principals. The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following the close of this contract. In the event any work is subcontracted, Page 3 of 8 \.,., ...., the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. LIABILITY 22. Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. NON-DISCRIMINATION 23. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 24. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. PROHIBITION AGAINST LOBBYING 25. The GRANTEE certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the GRANTEE, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above in connection with this Contract, the GRANTEE shall submit Standard Form-LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The GRANTEE shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. 26. Pursuant to the Lobbying Disclosure Act of 1995, the GRANTEE agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 501 (c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. 27. In accordance with Section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. NON-ASSIGNMENT 28. This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION. PERFORMANCE AND REMEDIES 29. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISStON. Page 4 of 8 ~ '-' 30. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 31. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 32. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. JURY TRIAL WAIVER 33_ As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against another party pertaining to any matter whatsoever arising out of or in, any way connected with this Agreement. DIVISION OF MARINE FISHERIES MANAGEMENT REQUIREMENTS 34. The GRANTEE agrees to follow all requirements of Section 287.057, Florida Statutes, for the procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a minimum of two written quotes for any subcontracts required for Agreements in the amount of $25,000 or less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5) potential subcontractors for any subcontracts required for Agreements in excess of $25,000. 35. The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS) does not preclude the GRANTEE from the requirements of Paragraph 34. 36. The GRANTEE shall include Attachment A (Scope of Services) verbatim in all bid specifications. All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager, prior to public advertisement or distribution. 37_ The GRANTEE shall submit bid specifications to the COMMISSION's Contract Manager for approval within ninety(90) days following the execution date of this Agreement. 38. Any request to use a sole source vendor by the GRANTEE must be requested and justified in writing and approved by the COMMISSION's Contract Manager prior to awarding a sole source subcontract under this Agreement. 39. A summary of the vendor replies and recommended subcontractor must be sent by the GRANTEE to the COMMISSION's Contract Manager for written approval prior to the awarding of any subcontracts under this Agreement. 40. The GRANTEE shall include this entire Agreement and all attachments in all subcontracts issued as a result of this Agreement. All such subcontracts in excess of $5,000 shall be in writing_ Page 5 of 8 \.r ,.."" 41. The GRANTEE agrees to acknowledge the role of the Federal Aid in Sport Fish Restoration Program funding in any publicity related to this Agreement. 42. The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days notice for any artificial reef construction that occurs as a result of this Agreement. 43. The GRANTEE agrees to follow all provisions of Section 370.25, Florida Statutes and Rule 68E- 9, Florida Administrative Code during the term of this Agreement. 44. The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement; including the general and special conditions specified in any permits issued by the Department of the Army, Corps of Engineers and/or the Florida Department of Environmental Protection. The GRANTEE further agrees to include this as a separate provision in all subcontracts issued as a result of this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 45. The Florida Single Audit Act requires all non-state organizations (GRANTEE) who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 215.97, Florida Statutes. In addition, recipients and subrecipients (GRANTEE) of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment C, titled "Requirements of the Federal and Florida Single Audit Acts", attached hereto and made a part of this Agreement, as applicable. CERTIFICATE OF CONTRACT COMPLETION 46. The GRANTEE will be required to complete a Certificate of Contract Completion form when all work has been completed and accepted. This form must be submitted to the COMMISSION's Contract Manager with the GRANTEE's invoice for payment to be authorized. The COMMISSION's Contract Manager shall submit the executed form with the invoice to Accounting Services. FEDERAL FUNDS 47. This Agreement is funded in whole or in part by a grant from the U.S. Fish and Wildlife Service, Federal Aid in Sport Fish Restoration Program, CFDA No. 15.605. Therefore, the GRANTEE shall be responsible for complying with all federal grant requirements as provided in this Agreement, a copy of which is attached hereto and made a part of as Attachment D. It is understood and agreed that the GRANTEE is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the U.S. Fish and Wildlife Service. DEBARMENT AND SUSPENSION 48. In accordance with Executive Order 12549, Debarment and Suspension, the GRANTEE shall agree and certify 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; and, that the GRANTEE shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing to the COMMISSION by the federal agency issuing the grant award_ Page 6 of 8 '--' 'WI 49. Upon execution of this Agreement by the GRANTEE, the GRANTEE shall complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment E 50. As required by paragraphs 48 and 49 above, the GRANTEE shall include the language of this section, and Attachment E in all subcontracts or lower tier agreements executed to support the GRANTEE's work under this Agreement. RIGHTS IN INTELLECTUAL PROPERTY 51. All items, materials or products, of any description, produced or developed by the GRANTEE for the COMMISSION in connection with this Grant Agreement shall be the exclusive property of the COMMISSION and the State of Florida and may thereby be copyrighted, patented, or otherwise protected as provided by law. Neither the GRANTEE, nor its employees, representatives or subcontractors, shall have any proprietary interest in the products and materials developed under this Grant Agreement. Because Federal funding is involved in support of this Grant Agreement, the Federal Government also reserves a royalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work (including any future versions, updates and improvements), and to license the same rights and use to agencies and subdivisions of the Federal Government. Publishing rights to the information resulting from this grant agreement are hereby granted to the GRANTEE, and to any not-for-profit subcontractors. ENTIRE AGREEMENT 52. This Agreement represents that entire Agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein_ REST OF PAGE INTENTIONALLY LEFT BLANK Page 7 of 8 \..,r '-' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. ST. LUCIE COUNTY EROSION DIS'IRIcr FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION By: (Authorized Signatory') By: Director, Division of Marine Fisheries Management or Designee (Print Signatory's Name and Title) Date: Date: (Grantee) 2300 Virginia Avenue (Address) Fort Pierce. Florida 34982 (City, State, and Zip Code) (Federal Employer Identification Number) Approved as to form and legality: !LJ.JcA~ Reimbursement Check Remittance Address: (Address) (City, State, and Zip Code) *If someone other than the Chairman signs this Agreement, a statement or other document authorizing that person to sign the Agreement on behalf of the County must accompany the Agreement. List of Attachment.s included as part of this Agreement: Attachment A Attachment B Attachment C Exhibit 1 Scope of Services Comptroller's Contract Payment Reauirements Reouirements of the Federal - Florida Sinale Audit Acts State and Federal Funds Awarded throuah the Florida Fish and Wildlife Conservation Commission Federal Aid Compliance Reauirements Certification Reaardino Debarment/Suspension Attachment D Attachment E Page 8 of 8 \....- ..., A TT ACHMENT A SCOPE OF SERVICES ST. LUCIE COUNTY ARTIFICIAL REEF DEVELOPMENT PROJECT 2005-2006 Inshore Reef Site #2 St. Lucie County proposes to deploy approximately 1,500 tons of concrete railroad ties to be stacked in three separate piles (one barge load for each stack). Each railroad tie is approximately 1 foot by 1 foot by 8 to 10 feet long and weighs approximately 650 pounds. Material placement and positioning will be strategically perfonned to place the three piles between two existing 95 ton concrete bridge spans located 324 feet apart. The piles will be spaced approximately 50 ft. apart £Tom each other and each pile will measure approximately 90 feet wide by 35 feet long and 10 feet high. The railroad tie patch reefs are proposed to be placed on St. Lucie County's Site #2 Artificial Reef Site. This is a rectangular pennitted zone measuring 6,000 feet on a side, in a north-south orientation, encompassing 826 acres in federal waters off St. Lucie County. This site is pennitted to St. Lucie County by the U.S. Department of the Anny, Corps of Engineers Pennit Number 2004-1769 (IP-JBH), which is valid until April 29, 2010. The proposed deployment location within this pennitted area is located approximately 6.8 nautical miles on a bearing of 105° £Tom 8t. Lucie Inlet. The proposed series of three patch reefs will be located în the northwest quadrant of the pennitted area in approximately 55 feet of water. The three railroad tie patch reefs will be deployed between the existing bridge spans located at 27° 26.630' N; 80° 10.188' W and 27° 26.630' N; 80°10.248' W. The reef construction activity to be funded consists ofthe following elements: LOADING AND TRANSPORTATION 1. Loading and transportation of approximately 1,500 tons of pre-cast concrete secondary use materials, concrete designed units, or other concrete structures acceptable to the COMMISSION. 2. Load the concrete materials onto a suitable conveyance and transport to a site for loading onto a barge or other suitable vessel for offshore movement. Load the structures onto a vessel for transportation to the designated reef site. Provide a sufficiently powered transport or towing vessel, personnel, and all necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the transporting vessel must be properly secured in compliance with Coast Guard standards to allow for its safe transport to the reef construction site. 3. The GRANTEE's Project Manager shall complete the FWC Artificial Reef Cargo Manifest form to be maintained onboard the vessel at all times during transport of materials, pursuant to Chapter 370.25, Florida Statutes. Page 1 of 5, Attachment A \...- ...." DEPLOYMENT AND MATERIAL PLACEMENT 4. During the deployment of the concrete reef material, the transport vessel must be effectively moored through double anchoring, be spudded down, or otherwise be held securely in place with minimal movement (+/-50 feet) to ensure accurate placemel}t of the concrete patch reef on the bottom. For this project (FWC-05024) we suggest considering using divers to attach mooring lines to the existing bridge spans to ensure the barge stays on location, and material is not placed on top of the existing material. Material must be arranged to provide habitat complexity as well as provide sand bottom forage area opportunities. Individual reef materials should not be widely scattered. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of materials. The tug or transport vessel shall meet all U.S. Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio. Effective and reliable communications shall exist at all times between the transport vessel, and the designated GRANTEE observer on site. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NOAA weather office. Either the GRANTEE's observer or the subcontractor's vessel captain reserves the right to suspend off-loading operations if positioning and other deployment objectives, including safety of personnel and equipment, are not being met. 5. The reef material under this Agreement will be strategically placed as three separate piles between two existing 95 ton concrete bridge spans located 324 feet apart. The piles will be spaced approximately 50 f1. apart from each other and each pile will measure approximately 90 feet wide by 35 feet long and 10 feet high. 6. At least 30 feet vertical clearance shall be maintained at Mean Lower Low Water above the highest point of the reef material (in accordance with special condition no. 10 of permit SAJ- 2004-1 769(IP-JBH». 7. The GRANTEE's Contract Manager shall oversee the temporary marking of the reef deployment location in advance of reef materials deployment in order to assist the subcontractor in the proper placement of the reef. The markers shall be buoys no less than 12 inches in diameter, clearly visible to the tug captain, and sufficiently anchored and with sufficient scope so that they will not drift off the designated deployment site prior to deployment. The COMMISSION will not pay for materials placed outside the permit area as described above. Precise GPS placement of marker buoys that do not shift position with time will also be important to insure the reef is constructed within the permitted area. 8. The GRANTEE's Project Manager or GRANTEE's employee designated as an official observer shall remain on site during the entire deployment phase of the operation and confirm the GPS coordinates of the individual placements as well as the maximum vertical relief of the constructed reefs using a fathometer after the reef construction has been completed. Page 2 of 5, Attachment A \.,.; ...I 9. Both the GRANTEE and its subcontractor shall have on site current nautical charts of the deployment area, with the pennitted site indicated on the chart. The proposed patch reef coordinates and the corner coordinates of the reef site will also be in possession of the GRANTEE's observer and the subcontractor when on site. The GRANTEE's observer shall also be in possession of a copy of the Anny Corps pennit for the area where the deployments are taking place. The GRANTEE shall be responsible for insuring that all pennit condition tell11S are complied with. 10. The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the saltwater artificial fishing reef project before, during, and after the deployment. ALLOW ABLE EXPENDITURES ASSOCIATED WITH THE REEF PROJECT II. Funds ITom this Agreement may be expended on the activities listed pursuant to Chapter 68E-9.004(l )(a), F.A.C. 12. If the GRANTEE chooses to conduct a post-deployment SCUBA assessment at each patch reef (this is not required, but is an eligible activity under Chapter 68E-9.004(I )(a), F.A.C.), in order to be eligible for reimbursement work must be completed prior to June 30, 2006 and the following items, at a minimum, must be included: a. methods: name and type of vessel, anchored or live boated, type of GPS unites), divers, survey methods; b. conditions: cloud cover, wind speed and direction, sea conditions, visibility, water temperature, currents; c. chronology: start and end of each dive; dive profile: dive plan, maximum depth, dive time, distance and bearing searched; d. Coordinates: Describe the GPS unites) used to navigate to the site (model number). Describe whether differential, W AAS, and/or LORAN. Compare the dive locations to deployment location numbers. How well do they match the published numbers? e. Physical observations: Describe the number and size of material observed within each patch reef. What is the proximity of concrete pieces or modules to each other. What percent material was damaged or partial1y damaged? What is the maximum and minimum relief of the site? How do these observations compare to the Material Placement Report Fonn infonnation submittal? f. Footprint area: Measure the approximate total area covered by each patch reef through standard in situ survey practices. g. Biological observations: Describe any fish observed, or other general biological observations. h. Video and photographs: Provide still and/or video footage of each of the eight patch reefs (digital fonnat preferred when available). 13. Funds ITom this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment. Documentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made. Page 3 of S, Attachment A '-' ....,¡ LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 14. Upon initiation of the handling and movement of these artificial reef materials by the GRANTEE's subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be bome by the subcontractor. This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the pennitted reef site in accordance with the specifications in this Agreement. PAYMENT SCHEDULE 15. The GRANTEE shall be paid on a cost reimbursement basis by the COMMISSION in the fonn of a single final payment for the allowable costs incurred under this Agreement following satisfactory completion of the project and submission of all required project close out documentation, no later than the ending date ofthe Agreement. A timely reimbursement request following completion of actual field operations is strongly encouraged. The GRANTEE shall not be eligible for reimbursement for services perfonned after June 30, 2006. A final invoice must be received no later than August 15, 2006 to assure the availability of funds for payment. REPORTING, PERFORMANCE, AND PUBLICATIONS 16. Written or electronically transmitted progress reports must be sent to the COMMISSION's Contract Manager at no less than 60 day intervals beginning from the date of execution of this agreement. 17. A final field report providing the designated observer's narrative of the reef deployment operation is required prior to reimbursement. The field report shall include a written chronology and narrative describing the deployment. The final field report should include video footage or photographs (underwater and/or surface), if available. 18. A Materials Placement Report shall be submitted to the COMMISSION's Project Manager within 30 days of field operations completion. The Materials Placement Report shall reflect an accurate material tonnage for the reef deployed as well as a detailed description of the type, number, dimensions and individual weights of the various sizes of reef materials deployed. This infonnation may be submitted on the materials placement report in lieu of taking loaded and unloaded barge measurements. If accurate individual weights of concrete units cannot be obtained or are not known, barge displacement measurements are required. The GRANTEE's Project Manager or GRANTEE employed designee shall then record the waterline length, width and draft (to the nearest inch) of the loaded barge at all four (4) comers to calculate the average displacement of water due to the weight of the artificial reef materials. The same barge measurements must be taken by either the GRANTEE's Project Manager or GRANTEE-employed designee when the barge returns to shore after the deployment has been completed. These measurements may not be taken while the barge is offshore at the deployment site. The barge measurements are to be included in the Materials Placement Report. Page 4 of 5, Attachment A ...... ...., 19. Any published articles related to this artificial reef activity should reflect the role of the USFWS Federal Aid in Sport Fish Restoration Program in assisting in the funding of this activity. REST OF PAGE INTENTIONALLY LEFT BLANK Page 5 of 5, Attachment A ~ .-.../ ATTACHMENT B Comptroller Contract Payment Requirements Department of Financial Services, Bureau of Accounting and Auditing Voucher Processing Handbook (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are tenninated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.0 17, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. Page I of 1, Attachment B \...- "'wI ATTACHMENT C REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section_ MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F_S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMS Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff 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 Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS Circular A-133. as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its tiscal year and elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non- state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a Page 1 of3, Attachment C '-' ..,J financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, 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, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART III: OTHER AUDIT REQUIREMENTS None PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian SI. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian SI. Tallahassee, FL 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directlv to each of the following: The Commission at the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S_ Meridian St. Tallahassee, FL 32399-1600 Page 2 of 3, Attachment C '-' ..¡ The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter. or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director, Trevor Phillips. by phone at (850) 488-6068 or by email at trevor _ philips@mvfwc_com PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission. REST OF PAGE INTENTIONALLY LEFT BLANK Page 3 of 3, Attachment C '-' ,.." EXHIBIT - I FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS-AGREEMENT CONSIST OF THE FOLLOWING: Federal Agency: Federal Program: CFDA Number: State Agency: State Program: Recipient: Amount: u.s. Fish and Wildlife Service Federal Aid in Sport Fish Restoration Program 15.605 Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Management Artificial Reef Grants Program St. Lucie County $ 45.000 (75% of total project amount of $60,000) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Only the goods and/or services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. 2. All provisions of Section 370.25, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. 3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this artificial reef project. STATE FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING FUNDS FOR FEDERAL PROGRAMS·: State Agency: State Program: State Funding Source: *Federal Agency: *Federal Program: *CFDA Number: Recipient: Amount: Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Artificial Reef Grants Program Marine Resource Conservation Trust Fund U.S. Fish and Wildlife Service Federal Aid in Sport Fish Restoration Program 15.605 St. Lucie $ 15,000 (25% of total project amount of $60,000) SUBJECT TO SECTION 215.97, FLORIDA STATUTES (Florida Single Audit Act): None. - State funds are for Federal Match only_ COMPLIANCE REQUIREMENTS APPLICABLE TO THE STATE FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Same as federal NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97, Florida Statutes, require that the information about Federal and State projects included in Exhibit I be provided to the recipient. Page 1 of 1, Exhibit 1 \.t '....I /.. I . .. _.'. Iof. . ) Attachment D FISH AND WILDLIFE SERVICE \. STATE GRANT PROGRAMS 'tltl Gr.nt Proorama Chaoter 1 Summerv ( 1,1 Pur po.., The purpose of Ihis chapler Is 10 summarize guidance on Ihose requiremenls generally applicable 10 granl programs, 1.2 Applicability and Scope, In accepting Federal lunds, Slales and other granlees musl comply wllh all applicable Federal laws, regulallons, and policies. This chapter Is nol ail-InclusIve. Exclusion of any specific requlremenl does not relieve grantees of Ihelr responslblllly for compliance, Copies of reference materials can be obtained from the Regional Offices. Guidance on Ihe following requirements Is conlalned In this chapler. A. NondIscrimination Requlremlnts. _ Title VI 01 the Civil Rlghls Acl 011964 . Section 504 ollhe Rehabilitation Act 011973 _ Age Discrimination Act of 1975 _ Tille IX of the Educallon Amendments 011972 B. Environmental R.qulrtm.nta, _ Coastal Zone Management Act of 1972 . Executive Order 11987. Exotic Organisms Endangered Species Act of 1973 National Environmental Policy Act 011969 (NEPA) Floodplains and Wellands ProtecUon Animal Wellare Act of 1985 _ Coastal Barrier Resources Act 011982 C. Historic and Cultural Pre.trvallon Requlremenls. _ National Hislorlc Preservation Act 011966 D. Admlnlstrltlve Requirements. _ Uniform Re,location Assistance and Real Property Acquisition Policies Act 011970 . Debarment and Suspension _ Drug-Free Workplace Act 011988 . Restrictions on Lobbying (P.L. 101-121) 1.3 Title Viol the Civil Right. Act 011964 (42 U.S,C. 2000(d)), A, Summary, ProhlbilS discrimination based on race, color, or nalional origin In any 'program or activity receiving Federalllnanclal assislance.' B.Referenc.., (1) Regulal10ns of the Deparlmenl 01 the Inlerlor (43 CFR Part 17) "" l ....U..'A" I!W". ^&4. Pert 523 Federal Aid Comoll,nce Raaulremen.1l. 523 FW 1.1 (2) U,S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U,S, Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. (1) Grantees may nol. on Ihe basis 01 race. color, or national origin, select, locate, or operale proleot facilities which will serve to exclude or limll opporlunity lor use or benefits. (2) Grantees shall make reasonable efforts to Inform the public 01 opportunities provided by Federal Aid prolects and shall Inform the public that Ihe prolects are sublect to Title VI compliance, (3) Though employment practices are not In themselves subject to Title VI, Title VI does apply to employment which may affect the delivery 01 services to beneficiaries 01 a tederally asslsled program. For the purpose of Title Vt. volunteers or other unpaid persons who provide servIces 10 Ihe public are included. 1.4 Section 504 01 the Rehabilitation Act of 1173 (29 V.S.C.785) A. Summary. Ensures that no qualllied handIcapped person shall, on the basis of handicap, be excluded from particIpation in, be denied Ihe benelits of, or be subjec:ted to discrimination under any program or activlly receiving Federalllnanclal assistance. B. RererencII. (1) Regulations ollhe Deparlment of Ihe Interior (43 CFR Part 17) (2) U.S. Fish and Wildllle Service Guidelines lor Compliance with Federal Nondiscrimination Requirements (3) U.S. FIsh and Wlldllle Service Federally Asslsled Program Implementation Plan C. Aequlrement.- (1) Granlees may not deny a qualified handicapped person the opportunity to participate In or bAnê/lt from Federal Aid prolect faciliUes or services afforded to others. (2) Grantees may nol deny a qualllled handicapped person Ihe opporlunlty 10 participate as a member 01 a planning or advisory board. (3) The location ot facilities shall nol have the eNect 01 excluding handicapped persons from, deny them Ihe benelils 01, or otherwise sublect them 10 discrimination under any Federal Aid plolec\. 1.5 Age Dlacrlmlnatlon Act 01 1nll (42 U.S,C, &101) STATE GRANT PROGRAMS '-' <) } ...., '" . -)) FISH AND WILDLIFE SERVICE ~TATE GRANT PROGRAMS Btate Grant Proarama ChaDter 1 Summlrv Ao Summery, Prohibits discrimination on the basis of age In programs or activities receiving Federal financial assistance. B. Relerenc... (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wlldllle Service Federally Assisted Program Implementation Plan e. Requirement., No person In the United States shall, on the basis of age, be excluded Irom participation In, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. However, a granlee Is permlUed to take an action otherwise prohiblled if the action reasonably takes Into account age as a faclor necessary to the normal operation or achievement 01 any statutory ob/ecllve 01 a program or activity. 1.' TIUI IX of the EducIUon Amendmente 01 1872 (20 U,S,C, 1111, .t,ltq,) A. Summary. Prohibits discrimination on the basis 01 sex in any education program receiving Federal financial assistance. B. Refer.nt.., (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines lor Compliance wllh Federal Nondiscrimination Requirements C. Requirements. No person in the United States shall, on the basis 01 sex, be excluded from participation in, be denied the benefits of, or be subjecled to discrimination under any education program receiving Federallinanclal assistance. For the purpose òf Tille IX, hunter education and aquatic education project activities are considered education programs. 1,7 COllta' Zone M.n.g.mlnt Act 01 U72 (18 U.S.C. 1451 It, nq,) A, Summ.ry, The Act Is Inlended 10, 'preserve, protect, develop, and where possible, to restore or enhance, the resources ot the Nation's coastal zone...· B. Rtlerlnc... Regulations 01 the Department of Commerce (15 CFR 930). e, Requirements, Federal Aid prolects, which would 'slgniflcanl1y affecllhe coastal zone' must be consistent with the approved State management programs developed under the Ac\. Prior to submitting a Granl Proposal lor a prolect in the coastal zone of a State with an approved Coastal Zone - o' .- . P.rt 523 Federal Aid ComDII.nce R.aulrement. 523 FW 1,!A Management Program, the proposed prolect must be reviewed for consislency with the management plan. GrantelS may be required 10 submit a stalement allestlng to conformance with Ihe Coastal Zone Management Plan. 1.11 EXlcutlv. Order 119117, Exotic Organisms, A. Summary. Federal agencies shall discourage Ihe Slales Irom introducing exotic species Inlo natural ecosystems of the United States. In addition, Federal agencies will reslrlct the use of Federallunds for the purpose of Inlroduclng exotic species inlo ecosystems oulslde 01 Ihe Uniled States. B, Relerenc.., Executive Order 11987, Exotic Organisms, 42 FR 26949 (May 25. 1977) C, R.qulr.m.nts, (1) Any proposal lor Ihe Introduction 01 an exotic species Into a nalural ecosystem by a Slale fish and wildlife agency musllnclude a biological opinion Irom Ihe U.S. Fish and Wildllle Servlc, supporting Ihe proposed introduction. (2) To obtain a biological opinion, th, Slale agency shall provide th, Regional Director with a written request lor the opinion together with any available Information Including, but not limited to, NEPA documenls, biological data, and project plans. (3) Alter receiving a biological opinion, il will be the responsibility 01 Ihe State agency 10 adhere to the recommendations outlined In that opinion. 1.9 Endangered Sp.cln Act of 1973 (11 U,S.C. 153,.,534), A. Summary, Actions lunded under the Federal Aid programs must not jeopardize Ihe continued exlslence of any endangered or Ihreatened species, or result in the deslructlon or adverse modification 01 the habitat of the species. B. Rel.rence, Seclion 7 Consultation Requirements, 43 FR 870 (Jan. 4, 1978). C. Requlrlment.. The Regional Director musl ensure that Federal Aid projects are nolllkely to leopardlze the continued existence 01 endangered or Ihreatened species or result In Ihe destruction or adverse modification of crillcal habitat. For prolects which may affecl an endangered or threatened species, either beneficially or adversely, a tormal Secllon 7 consultation Is necessary. The Slate Is r(lquired to name th8 IIsled speclee and/or critical habitat Included; iisl the name, descrlpllon, and location 01 the area; list objeclives 01 -Ihe actions; and provide an explanallon of Ihe impacts 01 the actions on a listed species or its critical habilat. 1,10 National Environmental Polley Act of 1969 (42 U.S,C.4321·4347), ( ST"TE GRANT PROGRAMS '-" '...,,¡ -) FISH AND WILDLIFE 'SERVICE STATE GRANT PROGRAMS " I 1'" .... ." ;' I ... t 'tit I QrantProClraml Chaotar 1 SummarY ( A, Summary, Aequireathat every proposed Federal action be examined to determine the effects (benellcial or adverse) II will have on the human environment and Ihalthe findings be considered in decisions regarding Its Implementallon, 8. Referene.., (1) Regulations 01 the Council on Environmental Quality Implemenllng the procedural provisions 01 NEPA, (40 CFR 1500·1508) . (2) Departmental Manual, Environmental Quality, Part 516. (3) Fish and Wildlile Service Manual, Nalional Environmental Policy Act, Part 550. (4) National Environmental Policy Act Handbook for Federal Aid Projects. The Asaistant Dlrector·Flsh and Wildlile Enhancement Is aulhorized,to promulgate the National Environmental Policy Act Håndbook tor Federal Aid Projects. C. R.qulrem.ntl. Each acllon proposed lor Federal funding must Includ. an Environmental Assessment lEA), Environmental Impact Statement (EIS), or show that the proposed activity Is covered by one or more categorical exclusions. For specific requirements and procedures, see Nallonal Environmental Policy Act (NEPA) Handbook lor Federal Aid Projecls. 1,11 Floodplalnl Ind Wltlandl protlctlon. A, Summary, Federal Aid lunds may not be used for prolects affecting floodplains or wetlands unless there Is no practical alternative outside the Iloodplain or wetland and only if acllons are taken to mlnlmlz~ the adverse effects. 8, Rlter.nees. (1) Executive Order 11988, Floodplain Management, 42 FR 269511May 25,1977). (2) Executive Order 11990, Protecllon 01 Wellands, 42 FR 26961 (May 25,1977). (3) Department of Interior Procedures for Implementation, 520 DM 1. (4) Natural Resources Protection, 613 FW. C. Requlnmtnta. The Execullve orders on floodplains and wetlands require Federal agencln to review proposed acllons to ensure Ihat thell are no practical allernaUves oulslde thelloodplaln or wetland, and to ensure that potenllal harm is minimized. If there are no pracllcal alternatives to proposed proleet. in floodplains or wellands, acllons 10 minimize Ihe adverse elfects should be incorporaled Inlo the prolect plans. 1,12 Animal Wlltarl Act Of 1911, 7 U,S.C. 2131, at nq. A. Summlry, Requlrn the humane Ireatment of animals (exclusive 01 IIsh) used In research, experimentation, testing, and teaching. ( " Part 523 Fld.ral Aid Comallance R.aulr.mlntl 523 FW 1,10A 8, Rtlmnc... Regulations ot the Department of Agriculture, Animal and Plant Health Inspection Service (APHIS). 9 CFR Parts 1,2 and 3154 FA 36112 IAug, 31 , 1989). C. Rtqulremlntl, Grantaes who use Federal Aid funds to conduct covered management or research or who engage In interstale shipment of animals should contact the local Animal and Plant Health Inspection Service (APHIS) office tor instrucllons. A list 01 the APHIS offices may be obtained from the Regional Offices. 1,13 Coltta' Blrrllra Rllourc.. Aet of 1112 (18 U.S,C. 3501), IIlmlndtd by thl COlltal Barrllr Improvlm.nt Act of 1110 (P,L. 10H!lI) A. Summary, The purpose 01 the Acls are ·...to minimize the loss 01 human life, wastelul expenditure 01 Federal revenues and damage 10 IIsh and wildlife, and other natural resources associated wilh coastal barriers...· B, Raltrenc.., U.S. Fish and Wildlife Service Advisory Guidelines, 48 FR 45664 lOcI. 6, 1983). C. R.qulrements. Activities conducted within a unit of Ihe Coastal Barrier Resources Sy.temmust meet the requirements of section 6 01 the Act. Section 8 requires consultation with Ihe Service, via the appropriate Regional Office. 1,14 National Historic Prnervltlon Act 011918, 11 U,S,C, 470. A, Summlry. Federal agencies may not approve any grant unless the project Is In accordance wilh nallonal policies relating to Ihe preservation 01 historical and culturat properlles anel resources. B. RlfarlnelS. (1) Nallonal Register 01 Historic Places (36 CFR 60). (2) The Archeological and Historic Preservation Act 011974, 16 U.S.C. 469a. (3) Procedures for the Prolectlon 01 Historic and Cullural Prop8llles (36 CFR 800). (4) Determinations 01 Eligibility lor Inclusion In the Nallonal Register 01 Historic Places (36 CFR 63). . (5) Criteria lor Comprehensive Statewide Hlsloric Surveys and Plans 136 CFR 61). (6) Cu1\ural Resources Protection, 614 FW, C. Requirements. (1) Slates musl consult with Ihe Slale Historic Preservation Officer (SHPQ) lor those activities or prolects Ihat are de lined as undertakings under the National Historic Preservation Ac\. An undertaking Is dellne!! as a prolect, acllvlty, or program that can result In changes In the ~"n/n ¡:WLI 081 STATE GRANT PROGRAMS '-" 'j ..." ',' " ) ) FISH AND WILDLIFE SERVICE 'STATE GRANT PROGRAMS Btlt. Orlnt Proarlml ChlDt.r 1 Summ.rv character or use 01 properlles that are listed on or potenllally eligible for listing on Ihe National Register 01 Historic Places INational Register) and located within the project's area of potential ell eel. Undertakings include new and conllnuing projects, activities, or programs and any of their elements not previously considered under Section 106 of the National Historic Preservation ....ct. (2) In cases where a Federal ....id project has been determined to be an undertaking, the State must nollly the appropriate Service Regional Director lor guidance on how to proceed with Secllon 106 compliance. Based on the results 01 the consultation between the State and SHPO, the Service will determine the need and level of Inventory to identify historic properties that may be aHected by the undertaking and to gather sufficient Inlormatlon to evaluate whether these properties are listed or are eligible lor listing In the National Register. (3) Where completed inventories indicate Ihat idenlified historic propertlel may be affected by the undertaking, the State shall be responsible for submiUing the necessary documentation to the appropriate Regional Dlreclor for review. As necessary, the Service shall seek delermlnations 01 eligibility for those properties thai are to be atlected by the proposed activity. (4) If a State is advised by the SHPO that an undertaking will adversely affect a property that is eligible for or listed on Ihe National Register, the State shall ask Ihe appropriate Regional Director to determine measures for mitigating or avoiding Impacts. This may require the development of a memorandum ollgr88ment among Ihe Service, State, and Slale Historic Preservation Officer to address specific measures that will be employed to avoid or minimize adverse effects to historic properties located within Ihe area of polential eHect. Adverse effects that may diminish the character and integrity of historic properties Include: (I) Physical destruction, damage..or alteration of all or part 01 the property; (b) Isolallon of the property from or alteration of Ihe character of the property's setting when that character contribules to the property's qualification for the National Register of Historic Places; (c) Introduction of visual, audible, or atmospheric elements that are oul 01 characler with the property or alter its selling; (d) Neglect of a property resulting In its delerloration or destr uction; and (e) Transfer, lease, or sale 01 the historic property. (5) If a previously unknown property Ihatls eligible for IIsllng on the National Reglater II discovered at any time during the Implementation period of a Federal Aid project, the Regional Director must ba noll1led and all actions which . . \-P I . ... , , " . .. . Put 523 Feder.' Aid ComDllancl Rlaulremlntl 523 FW 1,14CI21 may adversely eNect it must be suspended. The Service shall provide Ihe State with instructions on how to proceed, 1.15 Uniform RIIDcltlon AIIlstance Ind Rsal Property Acquisition Pollcl.. Act of 1870, II amendld (42 U,S.C, 4801) A, Summery, Federal agencies may not approve any grant unless the grantee prøvldel Assuranc81 thai It will comply with the ....ct Prices to be paid for lands or Interests In lands must be lair and reas.onable (except when the price Is fixed by law, or when the lands are to be acquired at public auction or by condemnation and the value determined by the court). Persons dllplaced from Iheir homes, businesses, and farms must receive relocation services, compensation, and lair equitable Ireatment. B. Referencn. (1) Deparlment 01 Interior Uniform Relocation Assistance and Real Property ....cquisltlon Regulations (41 CFR 114·501. (Z) Department of Transportalion Unilorm Relocation Assistance and Real Property Acquisillon for Federal and Federally Assisted Programs (49 CFR Part 24). C. Apprale.1 Requlrell...nt.. (1) A real property owner or his designated representative must be contacted prior to making an appraisal and given an opportunity 10 accompany the appraiser during Inspection 01 the property. Th. lacllhat it occurred must b. documented In project Illes and In the appraisal report. (Z) Real property musl be appraised, the appraisal report reviewed, and the lair market value established prior to Initiation 01 negollallons with the owner. (3) II the acquisition 01 only part 01 a property will leave the owner with an uneconomic remnant, the Slate or other' grantee must offer 10 buy the whole property. Th. lerm 'uneconomic remnanl' applies only to TltI. III of the Act and Ihe necessity of the acquiring agency to oHer to purchase such a remainder or Ihe enllre property. It is n'ot 10 be conslrued with the lerm 'uneconomic unil' as il applies 10 the In-lieu payment of larm operations under Title II of the Act. D, Negotiation Requirement., (1) ....n owner or hll designated representative must be provided, in penon or by certified mail, a written statement of lusl compensation as determined in the appraisal process, OHerl 01 comp.nsatlon cannol be less Ihan Ihe approved appraisal 01 fair market valu. of such properly. If only a portion of Ihe owner's properly is being taken and the owner Is left wilh an uneconomic remnant, the agency must o11er to buy the whole øroperty. (2) Reimbursement 10 a real properly owner for cosls to convey a tllle must Inc_lude: ( ( C!TATe IUs A U" nB^'U5A uC! . . , .' . . ._ r ',.... I(. ~ \.,f ,\ ...., FISH ANO WILOLlFE SERVICE STATE GRANT PROGRAMS 'tltl Grant Proaraml ChaDtl' 1 Summary {' (a) Recording fees, transfer taxes, and similar costs; (b) Penalty cosl for prepayment of pre·exlsting recorded mortgage; and (c) Pro.reta portion of real property taxes allocable \0 a period subsequent to the date of vesting lltle. (3) All displaced persons (owners and lenants) must be provided Information on their relocation benelils. E, Rllocatlon Alllatancl to Dlaplacld Plopll, (1) A relocation plan must be prepared for displaced persons so that problems associated with displacement of Individuals families, businesses, farms and nonprofit organizall~ns are known at an early stage in a prolect's development (see 49 CFR 24.205). Planning may involve the following: (I) Who and what will be displaced. (Þ) The estimated number 01 dwellings, businesses, (arms, and nonprofit organizations displaced, Including rentals. This estimate should contain: (I) Currently available replacement housing, businesses, farm, and organization siles; (II) Approximate number of employees affected; (III) Typas ofbuildings, number, and size of rooms; (Iv) The needs of those displaced (i.e. litestyle); and (v) Type of neighborhood, distance to community facilities, church, etc. (c) List of comparable replacement dwellings, Including rentals, available on the market within a 50·mile radius (specialized units may require expandIng radius). When an adequate supply 01 comparable housing is not expected to be available, consideration of HousIng of the Last Resort actions should be instituted. (d) Estimate of cost of replacement housing by purchase and/or rental per displaced person, and consideration 01 special needs like the elderly or handicapped. (I) Estimate of cost lor moving. (2) Advllory Slrvloll for Dlapllcld PIOpll, Advisory services must be provided lor all personl occupying property to be acquired and for all perlons who use such real property lor a business or farm oper allon. Eligibility requirements and corresponding benefits must be explained to all displaced persons. Assletanoe must be provided 10 persons completing claim forms, obtaining moving services, and oblalnlng proper housing. (3) peym.nt for Rllocatlon of Dlsplacld Plraonl. Relocallon expenses must be paid to a displaced person who purchases and occupies a replacement dweMing. c Pert &23 Flderal Aid Comonance Rlculremente 1123 FW 1.15D/2\1e\ Moving and related expenses will be provided to displaced persons residing on leal property Including those persons owning a business or a (arm. All payments must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act 011970. 1.11 Debarm.nt and SUlplnelon A. Summary. Executlv. Order 12549, Debarment anci Suepenslon, directs that persons debarred or suspended by one Fed.ral agency from receiving grant. may not receive grants from any Federal agency. 8. Rlllranc... (1) Executive Order 12549, Debarment and Suspension, Feb. 18, 1986. (2) Oepartment of Interior Rules, Governmentwide Debarment and Suspension (Nonprocurement), 43 CFR , 2.100 - 12.510 C, R.qulrlm.ntt, (1) Stales and other grantees must submit the certification for Primary Covered Transactions (DI·1953). States certify as to their 'principals', not the State agency. State principals are commissioners, directors, project leaders, or other persons with primary management or supervisory responsibilities, or a person who has a critlcallnfJuence on or substantial control over Federal Aid projects. States may provide the certification annually. Olher grantees must provide the certification with each Application for Federal Assistance. (2) States and olher grantees must obtain from their subgrantees and contractors a certification lor Lower Tier Covered Transactions (01·t954). A certification Is not raqulrad for small purchase procurements, currently defined as less than $25,000. These certifications are normally provided with an application or proposallrom a subgrantee or contractor. (3) States and olher grantees must not make any award, either by subgrant or contract, to any party which is debarred or suspended or Is otherwise Ineligible under provIsions of EXlcullvl Order 12549. The U.S. General Services Administration maintains a list of parllea debarred, suspended, Ineligible or excluded from participation in Federal grants under the provision ot the ExecutlvI order. A copy 01 this list Is available, upon request, from the Regional Dlreclor. 1.17 Drug·Frn Workpllcl Act of 1981. A, Summary, The Orug·Free Workplace Act requires that all grantees certify 'hat they will maintain a drug-Iree workplaca. B, Rlllflncn. Department of Interior Rules, Drug-Free Workplace Requirements, 43 CFR 12.600-635. "......... ftlO.U'" DDnnDAu!t » '-' )) FISH AND WilDLIFE SERVICE STATE GRANT PROGRAMS 'WI ~ . -~) -, 4 '.' 1."1' t: ..<' ~ .¡ Stltl Grlnt Proaram. Part 523 F.d.,.1 Aid ComDlllncl R.aulrements ChaDter 1 Summary C. Requirement.. Grantee organizations must: (1)' Establish (and publish) a polley thai informs employees thai the manufacture, dlslrlbutlon, possenlon, or use ot a controlled substanc. in the workplace is prohibited; (2) Establish an awareness program to Inform employees of the dangers of drug abuse In the workplace; and (3) Provide a drug-tree workplace certification to the Department of Interior or U.S. Fish and Wildllle Service. The forms for providing the certiflcallon are available from the Regional Director. State agencies may certify annually. It the State agency Is covered by a consolidated certlllcation for all State agencies, a copy ot the consolidated certlllcatlon should be submitted to the Regional Director. (The original Is retained by Ihe Slate.) Grantees other than Slate agencies must submit Ihe certification with each Granl Agreement. 1.11 Restrlctlona on Lobbying (P.L.101-121) A. Summary, Prohibits the use of Federal appropriated funds for lobbying either the executive or legislative branches of the Federal Government in connection with a specific conlract, grant, loan, or cooperallve agreement. ø, Referenc.., Department of the Interior Aules, 43 CFR Part 18, New Restrictions on Lobbying. C. Requlremente. (1) Recipients of Federal grants are prohibited from using Federal appropriated funds, e.g. granls, 10 pay any person for Influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, or an employee 01 a member of Congre" In connecllon with a specillc contracl, granl, loan, or cooperative agreement. (2) Proposals for grants in excess of $100,000 must contain a certification Ihat no part of the funds requested will be used for lobbying. Copies of the certification form, Form DI·1963, can be oblalned tram Ihe Regional Offices. (3) Recipients of grants In excess of $100,000 must file a disclosure form on lobbying acllvltle. conducted with olher than Federal appropriated funda. Form SF·LLL and SF-LLl·A, Conllnuatlon Sheet, shall be used for this purpose. Caples of the forms can be obtained from the Regional Office.. 523 FW 1.17C ( ( '-' ...., "., ATTACHMENT E CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors on procurement (vendor) contracts of $100,000 or more, and for all contracts and grants with sub-recipients regardless of amount, when funded by a federal grant. 1. The undersigned hereby certifies 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. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2_(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal. State or local) terminated for cause or default. 3_ Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of ,20__ By: Authorized Signature/Contractor Typed NamefTitle Grantee Name/Contractor Name Street Address Building, S~ite Number City/State/Zip Code Area Code/Telephone Number (Page 1 of 2) debar.226/rev 12100 Page I of 2, Attachment E '" ..."" INSTRUCTIONS FOR C.ERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Florida Fish and Wildlife Conservation Commission (FWC) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the FWC or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the FWC or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. (Page 2 of 2) debar. 226/rev. 12100 Page 2 of 2. Attachment E ~- ~ '" ...., ~ COUNTY .... FLORIDA ~ AGENDA REQUEST ITEM NO. C-2B Date: September 27,2005 TO: ST. LUCIE COUNTY EROSION DISTRICT REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: (~À.Ja)~C~hV1(J- Richard A. Bouchard, P.E. Erosion District Manager SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 SUBJECT: Artificial Reef Grant Program: Acceptance of a $25,000 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef monitoring. BACKGROUND: The Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine Fisheries, annually provides grant funding for artificial reefs. The amount of grant funding varies each year and typically includes a maximum cap of $60,000 for each application. On March 8, 2005, the Erosion District Board approved staff's recommendation for the submittal of two grant funding application requests to FWC; one for construction and one for monitoring. Per the attached letter dated June 16, 2005, FWC notified the Erosion District of conceptual approval of the $25,000 grant award. The main objective of the artificial reef monitoring grant is to initiate an inventory of artificial reef structures within the three main artificial reef sites. Qualified consultants will be utilized to locate deployed materials, establish baseline monitoring, and perform biological assessments to determine material suitability for future reef deployments. Specific monitoring contracts associated with this grant will be brought back to the Board for consideration in the future when they become available. FUNDS: This grant is 100% funded by FWC with the Erosion District providing in-kind services such as project management and oversight. PREVIOUS ACTION: March 8, 2005: Board approved the submittal of grant funding application request to FWC. RECOMMENDATION: Staff recommends Erosion District Board acceptance of a $25,000 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef monitoring, approval of the attached grant agreement with FWC and execution of said grant agreement by the Chairperson. COMMISSION ACTION: Approved 4-0 C::çE: Douglas Anderson County Administrator [)J. APPROVED [ ] DENIED [ ] OTHER: Lomm.CowardAbsent l~' [x]Fiscal Coordinator ßp;.~ [x]FinanceDept. ~ [x]County Attorney [x]Originating Dept. Public Works N\ VP/PB~J ~ ~ ~ FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ¡:;:;::;,JJ(.. ';;J RODNEY BARRETO Miami SANDRA T. KAUPE Palm Beach H.A "HERKY" HUFFMAN Enterprise DAVID K. MEEHAN St_ Petersburg KATHY BARCO Jacksonville RICHARD A CORBE'IT Tampa BRIAN S. YABLONSKI Tallahaøsee KENNETH D. HADDAD. Executive Director VICTOR J. HELLER, Assistant Executive Director Mark RobsoD. Director (850)487-05541 TDD (850)488-9542 June 17. 2005 James B. Oppenborn Artificial Reef Coordinator St. Lucie County Engineering Department 2300 Virgina Avenue Ft. Pierce . Florida 134954 ill I, !'.: 2 I) , - I . ... \..." (.. , ill ENG"" r-r-n ''''G ¡,ïecc.ru.-. RE: Notice of Conceptual Approval for Artificial Reef Funding during Fiscal Year 2005-2006 Dear Mr. Oppenborn: I am pleased to announce the conceptual approval of your $25,000 fiscal year 2005-2006 artificial reef grant request for the monitoring of the artificial reef sites off St. Lucie County. The funding source for your grant is anticipated to be revenues from saltwater fishing licenses which are placed in the Marine Resources Conservation Trust Fund. We will be able to execute the formal grant agreement upon funding appropriation from the Florida Legislature, which we anticipate receiving on July 1, 2005. Staff will be drafting contract agreements shortly, and the project must be completed by June 30, 2006. Specific issues to be discussed include scheduling, deliverables, and draft grant agreement language. The grant manager for this project will be determined soon. Artificial reef program staff look forward to working closely with you to ensure successful completion of this project. Please don't hesitate to call me at 850/922- 4340 x209 if you have any questions. Sinc~:ut2 ~ Dodrill, Environmental Administrator Division of Marine Fisheries, Artificial Reef Program JD/wmh 620 South Meridian Street Mailbox 4B2 Tallahassee, FL 32399'1600 (850) 487-0554 FAX (850) 487-4847 ~ ...", FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ,J(.. ...~.- ... - - ~> ..~ RODNEY BARRETO Miami SANDRA T. KAUPE Palm Beach H.A "BERRY"' HUFFMAN Enterprise DAVID K. MEEHAN St. Petersburg JOHN D. ROOD Jacksonville RICHARD A CORBETT Tampa BRIAN S. YABLONSKI Tallahassee KENNETH D. HADDAD. Execul1ve Director VICTOR J_ HELLER. Assistant Executive Director August 25, 2005 DlVISIO!\' OF :\1ARI:-'¡E FISHERIES Mark S. Robson, Director - Roy O. Williams, Asst_ Director James Oppenborn, Marine Resource Coordinator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Grant Agreement FWC.Q5025 Artificial Reef Construction Dear Mr. Oppenborn: Please find enclosed three (3) original copies of the above referenced Grant Agreement for your review and signature. Please sign both the signature page (Page 7 of 7). Please sian and date all three copies and return all sianed copies to me bv courier service at the followina address: Keith Mille FWC Division of. Marine Fisheries Management 2590 Executive Center Circle East,Suite 203 Tallahassee, Florida 32301 Upon execution of the Grant Agreement by the Florida Fish and Wildlife Conservation Commission, an original, signed copy will be returned for your file. Progress reports will be due every 60 days, the draft final report will be due by November 1, 2006 for FWC review, and the final report will be due on December 15, 2006. All requests for reimbursements must be received no later than December 29, 2006. The funds are for the 2005-06 fiscal year appropriation to the Commission's artificial reef program. Note that the terms of the Grant Agreement incorporate the terms of your project as specified in your grant application, and the requirements of Chapter B8R-9, FAC. If you have any questions regarding the Grant Agreement, please contact me at (850) 922-4340 x207 or by email at keith.mille@myfwc.com. KJM Enclosures Sincerely, ~~.. .?~¿: ~----v/._ Keith 'e, Fisheries Biologist IV Artificial Reef Program 620 South Meridian Street· ~ a¡]box ~IF-~ F2\1 . Tallahassee' FL . 32399-]600 . (850) 922-4340' FAX (850) 922-0463 WW\\'. marinefisheries.org ~ ...; FWC Grant No. 05025 ST LUCIE COUNTY ARTIFICIAL REEF MONITORING PROJECT 2005-2006 THIS GRANT AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Box 4B2, Tallahassee, Florida 32399-1600, hereafter "COMMISSION", and ST. LUCIE COUNTY EROSION DISTRICT BOARD, whose address is 2300 Virginia Avenue Fort Pierce, FL 34982-5652, hereafter "GRANTEE". NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: DUTIES OF THE GRANTEE 1. Scope of Services The GRANTEE shall perform the services and specific responsibilities as set forth in Attachment A, entitled "Scope of Services", attached hereto and made a part hereof. 2. GRANTEE Eligibility The GRANTEE shall be licensed as necessary to perform under this Grant Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. TERM OF AGREEMENT 3. This Agreement shall begin upon execution by both parties and end on December 29, 2006, inclusive. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after the termination date of the Agreement. COMPENSATION 4. As consideration for the services rendered by the GRANTEE under the terms of this Agreement, the COMMISSION shall pay the GRANTEE on a fee schedule basis in an amount not to exceed $25,000, as specified in Attachment A (Scope of Services). PAYMENTS 5. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of invoices, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the COMMISSION's Contract Manager. Each invoice shall include the FWC Grant Number and the GRANTEE's Federal Employer Identification (FEID) Number. An original and two (2) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Invoices for reimbursement shall be submitted following successful completion of the artificial reef project described in Attachment A, Scope of Services. 6. No travel expenses are authorized under the terms of this Agreement. 7. For Agreements whose term extends beyond the State fiscal year in which encumbered funds were appropriated. the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. Page 1 of 14 '-" ...." 8. Invoices, including backup documentation, shall be submitted to: Keith Mille, Fisheries Biologist IV Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 TERMINATION 9. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. 10. Either party may terminate this Agreement by giving written notice to the other party specifying the termination date and justification for termination, by certified mail, return receipt requested, at least forty-five (45) days prior to the termination date specified in the Agreement. TAXES 11. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the term of this Agreement. NOTICE 12. Unless a change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE COMMISSION Jim Oppenborn, Marine Resources Coordinator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 772.462.1713 ODDenbor J@sllucieco.Qov Keith Mille, Fisheries Biologist IV FWC Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 850.922.4340 x207 keith.mille@mvfwc_com AMENDMENT OR MODIFICATION 13. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g. specifications, schedules, method or manner of performance, requirements, etc.). However, all modifications are subject to the mutual agreement of both parties as evidenced in writing. Any modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES . 14. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. PaQe 2 of 14 , . '-' ....., 15. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required_ 16. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 17. To the extent required by law, the GRANTEE will either be self-insured for Workers' Compensation claims, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Contract is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. 18. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from Workers' Compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain Workers' Compensation Insurance. 19. The GRANTEE, as an independent contractor and not an agent, representative, or employee of the COMMISSION, agrees to carry adequate liability and other appropriate forms of insurance. The COMMISSION shall have no liability except as specifically provided in this Agreement. CANCELLATION UNDER CHAPTER 119. FLORIDA STATUTES 20. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE on conjunction with this Agreement. RECORD KEEPING REQUIREMENTS 21. The GRANTEE shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract, in accordance with generally accepted accounting principals. The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar materiaL Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following the close of this contract. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. LIABILITY 22. Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Page 3 of 14 \w ...I NON·DISCRIMINATION 23. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 24. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. NON-ASSIGNMENT 25. This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION. REMEDIES 26. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 27. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 28. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 29. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. JURY TRIAL WAIVER 30. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against another party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. DIVISION OF MARINE FISHERIES REQUIREMENTS 31. The GRANTEE agrees to follow all requirements of Section 287.057, Florida Statutes, for the procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a minimum of two written quotes for any subcontracts required for Agreements in the amount of $25,000 or Page 4 of 14 v """" less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5) potential subcontractors for any subcontracts required for Agreements in excess of $25,000. 32. The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS) does not preclude the GRANTEE from the requirements of Paragraph 31. 33. The GRANTEE shall include Attachment A (Scope of Services) verbatim in all bid specifications. All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager, prior to public advertisement or distribution. 34. The GRANTEE shall submit a copy of the draft subcontract to the COMMISSION's Contract Manager for approval within ninety (90) days following the execution date of this Agreement. 35. Any request to use a sole source vendor by the GRANTEE must be requested and justified in writing and approved by the COMMISSION's Contract Manager prior to awarding a sole source subcontract under this Agreement. 36. A summary of the vendor replies and recommended subcontractor must be sent by the GRANTEE to the COMMISSION's Contract Manager for written approval prior to the awarding of any subcontracts under this Agreement. 37. The GRANTEE shall include this entire Agreement and all attachments in all subcontracts issued as a result of this Agreement. All such subcontracts in excess of $5,000 shall be in writing. 38. The GRANTEE agrees to acknowledge the role of Florida saltwater fishing license funding in any publicity related to this Agreement. 39. The GRANTEE agrees to follow all provisions of Section 370.25, Florida Statutes and Rule 68E- 9, Florida Administrative Code during the term of this Agreement. 40. The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement; including the general and special conditions specified in any permits issued by the Department of the Army, Corps of Engineers and/or the Florida Department of Environmental Protection. The GRANTEE further agrees to include this as a separate provision in all subcontracts issued as a result of this Agreement. 41. The harvest of all marine species regulated under Chapter 68B, Florida Administrative Code by any means whatsoever by any individuals operating from vessels during the work days these individuals and/or vessels are hired to be engaged in the support of survey and monitoring work funded under this agreement is prohibited. Harvest of marine organisms from monitoring sites designated under this agreement by personnel or other individuals on board vessels supporting monitoring activities on the same day as the survey/monitoring activity is occurring, shall result in immediate termination of this agreement and nonpayment for any services undertaken on the day the noncompliance with this paragraph was reported or otherwise identified. If harvest is required for research purposes, then a special request in writing must be made to the COMMISSION's Grant Manager for written approval with guidance for the appropriate licensing requirements. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 42. The Florida Single Audit Act requires all non-state organizations (GRANTEE) who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 215.97, Florida Statutes. In addition, recipients and subrecipients (GRANTEE) of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment B, titled "Requirements of Page 5 of 14 ~ ...., the Federal and Florida Single Audit Acts", attached hereto and made a part of this Agreement, as applicable. 43. In accordance with Section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. CERTIFICATE OF CONTRACT COMPLETION 44. The GRANTEE will be required to complete a Certificate of Contract Completion form when all work has been completed and accepted. This form must be submitted to the COMMISSION's Contract Manager with the GRANTEE's invoice for payment to be authorized. The COMMISSION's Contract Manager shall submit the executed form with the invoice to Accounting Services. CERTIFICATE OF PARTIAL PAYMENT 45. The GRANTEE will be required to complete a Certificate of Partial Payment form when payment intervals have been noted in the Agreement. This form must be submitted to the COMMISSION's Contract Manager starting with the second invoice and with each subsequent invoice requesting partial payment. The COMMISSION's Contract Manager shall submil the executed form with the invoice to Accounting Services. ENTIRE AGREEMENT 46. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. RIGHTS IN INTEllECTUAL PROPERTY 47. All items, materials or products, of any description, produced or developed by the GRANTEE for the COMMISSION in connection with this Grant Agreement shall be the exclusive property of the COMMISSION and the State of Florida and may thereby be copyrighted, patented, or otherwise protected as provided by law. Neither the GRANTEE, nor its employees, representatives or subcontractors, shall have any proprietary interest in the products and materials developed under this Grant Agreement. Publishing rights to the information resulting from this grant agreement are hereby granted to the GRANTEE. and to any not-for-profit subcontractors- REST OF PAGE INTENTIONALLY LEFT BLANK Page 6 of 14 '-' '"wII IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below_ ST. LUCIE COUNTY EROSION DISTRIcr FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION By: By: Director, Division of Marine Fisheries or Designee (Authorized Signatory*) (Print Signatory's Name and Title) Date: Date: (Grantee) 2300 Virginia Avenue (Address) Fort Pierce, Florida 34982 (City, State, and Zip Code) (Federal Employer Identification Number) Ûved as to - and leg~ity' £~ Reimbursement Check Remittance Address: (Address) (City, State, and Zip Code) "If someone other than the Chairman signs this Agreement, a statement or other document authorizing that person to sign the Agreement on behalf of the County must accompany the Agreement List of Attachments included as part of this Agreement: Attachment A Scope of Services Attachment B ReQuirements of the Federal - Florida Sinale Audit Acts Exhibit 1 State and Federal Funds Awarded throuQh the Florida FWC Page 7 of 14 '-' . """" ATTACHMENT A SCOPE OF SERVICES ST LUCIE COUNTY BASELINE ARTIFICIAL REEF MONITORING PROJECT 2005-2006 The objective of this project is to conduct detailed monitoring of previously constructed artificial reefs located within each of the three St. Lucie County artificial reef sites (Site #1 shallow nearshore site, Site #2 intermediate water depth site, and Site #3 deepwater site). Background research will be accomplished prior to the field visits to get the most accurate DGPS coordinates as possible to minimize offshore time searching for the sites. Data will then be collected using SCUBA to establish a baseline for the current effectiveness of the existing materials as viable artificial reefs in St. Lucie County. The artificial reef monitoring to be funded consists of the following elements: 1. Backaround research Prior to field visits background research will be collected to acquire the most accurate DGPS coordinates possible to limit search time for historical artificial reef materials. To accomplish this, the grantee will first review historical files for each artificial reef deployment in St. Lucie County. The grantee will then interview members of the community that often visit the sites with more accurate sets of coordinates. Other pertinent data about the sites will be gathered from local anglers and divers that have valuable local knowledge. For example, information on the concrete bridge spans. and the steel "Tropicana Vats', both sites with little to no information contained in existing FWC files, will be gathered and recorded. The results of each interview and each location will be organized and reported in the final report. 2. Locations to be surveved: A minimum of ten (10) distinct location verification and assessments will be conducted in the field. The precise locations to be visited will be determined based on the results of the above background research. Prior to commencement of field worl<, the GRANTEE will provide the FWC grant manager with a table of coordinates of the exact sites to be visited for approval by the COMMISSION. At a minimum the GRANTEE will visit the following number of locations: a. Within Site #2, three assessments: two grant funded artificial reef deployments and the Evans Crary bridge spans (8 spans anticipated); b. Within Site #1 , four assessments of past grant-funded materials; c. Within Site #3, three assessments of past grant funded artificial reef materials. 3. In situ survev methodol09V a. Weather and sea state measurements will be taken at each dive including time of day, weather conditions, visibility, water temperature, and sea height. b. Physical data and mapping will be collected on the existing artificial reef complex locations, the spatial layout of each artificial reef complex, measurements (vertical profile, orientation, etc.) of the materials within each complex, with notes on material durability and stability. c_ Fish surveys will be conducted at each of the artificial reef complex locations using the Roving Diver underwater visual assessment method (Schmitt and Sullivan 1996)_ Data will be recorded on waterproof data sheets during the reef assessments. Physical data will be recorded such as bottom time, depth, and water temperature, and the dive times noted. The divers will record relative abundance next to each species based on the following categories: 'A' for abundant, (over 100 individuals); 'M' for many (from 11 to 100) individuals; 'F' for few, (from 2 to 10 individuals); and'S' for a single individual of that species. Data collected will be transferred from the field sheets to Excel spread sheets that have been developed by FWC. Data fields include: Page 8 of 14 " ...." common species name, scientific name, abundance category, dive date, county, latitude, longitude, water temperature (in Fahrenheit), depth (in feet), dive number of the day, diver's initials, bottom time (minutes), estimated visibility (feet), whether underwater photos were taken on the dives, reef name, reef materials, reef age (years), reef tonnages, reef footprint (square feet), the reef's maximum relief off the bottom, and the deployment date of the reef materials- d. Photo documentation. Digital still and/or video cameras will be used to take representative photos at each artificial reef complex. e. If visibility is judged to be less than 25 feet horizontally on the bottom, no fish census will be performed and the dives to conduct said surveys will be repeated at a later date. If visibility was judged to be less than 10 feet horizontally on the bottom, no benthic photography will be performed and the dives will be repeated at a later date 4. Deliverables a. Written or electronic status reports summarizing field and administrative activities related to progress toward completion of the above activity will be submitted to the Commission at 60-day intervals; b. A draft report will be submitted to the Commission by November 1, 2006 to provide 30 days for technical peer review by the Commission; c. A final report acceptable to the Commission, will be submitted for approval on or before December 15, 2006. The final report, at a minimum, shall contain the following, including any additional comments by the FWC submitted in review of the draft: i. A summary of the background research conducted on each artificial reef area based on the historical files and interviews with local anglers and divers; ii. A narrative section describing the methods and equipment used in the field (e.g., methods of fish and survey techniques, type and model numbers of the vessel, GPS, echosounder, sidescan, photography, video, other equipment used); iii. A plan view location map depicting each locations surveyed; ¡v. A narrative section providing qualitative assessments of the of each artificial reef material surveyed; v. A table listing the position of all major reef elements with accurate latitude/longitude coordinates using FWC approved format; vi. A narrative section describing the results of underwater mapping surveys conducted (such as cirçular sweep maps or transects); vii. Plan view maps and drawings for those sites where map surveying was conducted; viii. A narrative section summarizing the results of the fish census surveys (e.g., discussing relative abundance, sighting frequencies, number of species, etc.); ix. A table listing the results of the fish census surveys; x. Selected, labeled images of representative artificial reef materials within each survey area. d. Five (5) hard copies of the final report; e. Five (5) CDs and/or DVDs containing the following digital information: i. The final report as an indexed Adobe Acrobat (.pdf) file, suitable for posting on the internet. ii. An electronic ExcelTM spreadsheet with the position of all major reef elements with accurate latitude/longitude coordinates using the FWC approved format; Page 9 of 14 '-' ...." iii. An electronic ExcelTh1 spreadsheet with the fish census data using the FWC approved format; iv. Electronic copies of all maps or drawings created (.jpg or ArcGIS format) v. Electronic copies of all digital photography (.jpg format); vi. Electronic copies of all digital video (.mpg format); PAYMENT SCHEDULE 5. For satisfactory completion of the final report and a minimum of ten (10) monitoring events as described above, the COMMISSION agrees to pay the GRANTEE a maximum of $25,000 on a fee- schedule basis according to the cost per unit in the following table: Monitoring Event Type Number of Cost Events Per Unit Total Cost Physical Assessment and Mapping 10 $1,080.00 $10,800.00 Fish Census 10 $1,080.00 $10,800.00 Final reDort 1 $3,400_00 $3,400.00 TOTAL $25,000.00 6. The GRANTEE shall be reimbursed by the COMMISSION in the form of a single final payment for all allowable costs incurred under this Agreement following satisfactory completion of the project and submission of all required project close out documentation no later than forty-five (45) days after the ending date of the Agreement. A timely reimbursement request following completion of actual submittal of the final report is strongly encouraged. 7. Funds from this Agreement may not be expended on training, or parts replacement or repairs to rented or contractor owned equipment. Documentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made. PERFORMANCE 8. Any published articles related to this artificial reef activity should reflect the role of the Florida saltwater fishing license revenues in assisting in the funding of this activity_ REST OF PAGE INTENTIONALLY LEFT BLANK Page 10 of 14 \.,.-' ~ ATTACHMENT B REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff 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 Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Page 11 of 14 ~' \...,¡ Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7). Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, 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, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART III: OTHER AUDIT REQUIREMENTS None PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: The Commission al the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS Circular A-133, as revised. Page 12 of 14 .-.. ..... Pursuant to Section .320 (f), OMB Circular A-133. as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directlv to each of the following: The Commission at the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director, Trevor Phillips, by phone at (850) 488-6068 or by email at travor. philips@myfwc.com PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission. REST OF PAGE INTENTIONALLY LEFT BLANK Page 13 of 14 '-' ..."J EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NONE COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NONE STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NONE SUBJECT TO SECTION 215.97. FLORIDA STATUTES: State Agency: State Program: CSFA No.: Recipient: Amount: Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Artificial Reef Grants Program 77.007 St. Lucie County $25.000 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 8. Only the goods and/or services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. 9. All provisions of Section 370-25, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. REST OF PAGE INTENTIONALLY LEFT BLANK Page 14 of 14 .... ~ '''wi ~ Cou NTY .. ~ AGENDA REQUEST ITEM NO. C-2C Date: September 27,2005 TO: ST. LUCIE COUNTY EROSION DISTRICT REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ¡(YJiLhCJ.·{~ÞouLj(~y-,l Richard A. Bouchard, P.E. Erosion District Manager SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 SUBJECT: RFP #05-086 for Professional Marine and Engineering Consulting Services for Artificial Reefs: Approval of ranking and permission to negotiate with the three top ranked firms. BACKGROUND: St. Lucie County's Artificial Reef Program has made get strides since the addition of the Marine Resource Coordinator to the Erosion District's staff. It is anticipated that professional consulting support will be required for future deployments, inventory of existing reef sites, and other technical issues. On July 12th the Board approved the advertisement of proposals from qualified consulting firms for professional services related to artificial reefs. The subject RFP was advertised on July 1 ih and five firms submitted proposals by the August 10th deadline. On September 9th the Competitive Selection Committee appointed to this RFP met to discuss all five proposals, and ranked them in the following order: 1. 2. 3. 4. 5. FIRM Taylor Engineering, Inc. Lee E. Harris, P.E., Ph D. Marine Resources, Inc. Applied Technology and Management, Inc. Coastal Systems International, Inc. TOTAL POINTS 448 443 433 381 376 During the discussion of each firm's qualifications and the County's needs, the Committee decided it would be in the best interest of the County to negotiate with the top three ranked firms. We do not necessarily intend to distribute individual assignments evenly between each firm; assignment of specific work will be based upon the firms' expertise in that area, their existing workload, and the maintenance of continuity within existing projects. It is requested that continuing contracts be awarded to the top three firms for two years with an optional two- year extension consisting of one-year increments. FUNDS: N/A. PREVIOUS ACTION: July 12, 2005: Board granted approval to advertise for a RFP related to consulting services for artificial reefs. RECOMMENDATION: Staff requests Erosion District Board approval of the ranking and permission to negotiate with the top ranked three firms. The Contracts will be brought back to the Board for approval. COMMISSION ACTION: CONCUZ' Dóia nderson County Administrator IX APPROVED r 1 OTHER: L:omm. L:owQrQ Absent [ ] DENIED Approved 4-0 ,1t [x]County Attorney [x]Originating Dept. Public Works M vp!œvJ Coordination/S ianatures II"" ""'g. .ç;,.~' fl2 [x]Marine Resource COÓIJil¡'C'&...f.:... ' . ."" ø []Fiscal coordinator~ [x]Purchasing Dept.~ .'\ '-' ..."" BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR Tabulation Sheet - RFP # 05-086 Professional Marine and Engineering Consulting Services for Artificial Reefs Opened: August 10, 2005 at 3:00 p.m. Five (5) Vendors responded to RFP # 05-086: Applied Technology & Management, Inc. West Palm Beach, Florida Fax: 561-659-3733 Taylor Engineering, Inc. Jacksonville, Florida Fax: 904-731-9847 Lee E. Harris, P.E. Indialantic, Florida Fax: 321-674-7212 Marine Resource, Inc. Stuart, Florida Fax: 772-221-7715 Coastal Systems International, Inc. Coral Gables, Florida Fax: 305-661-1914 Number of Companies Notified*: Number of Bid Documents Distributed*: Number of Bids Received: 960 38 5 *per demandstar.com JOSEPH E_ SMITH, District No1. DOUG COWARD, District No_ 2. PAULA A_ LEWIS, District No.3. FRANNIE HUTHINSON, District No_ 4. CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 websile: www.co.st-lucie.fI.us .\. \w' '-II COUNTY ADMINISTRATION MEMORANDUM 05-118 TO: Daniel Mcintyre, County Attorney, or Representative Ray Wazny, Assistant County Administrator Ed Parker, Purchasing Director Don West, Public Works Director Richard Bouchard, Erosion District Manager Jim Oppenborn, Marine Resource Coordinator FROM: Douglas M. Anderson, County Administrator DATE: August 19, 2005 RE: Appointment of Competitive Selection Committee (CSC) to "Short List" Responders to the Professional Marine & Engineering Consulting Services for Artificial Reefs RFP #05-086 In accordance with the County Purchasing Manual, you are appointed to the Competitive Selection Committee for the evaluation and short-listing of firms responding to RFP #05- 086. Attached you will find a copy of RFP #05-086 along with each firm's response and an evaluation form to assist you in ranking each firm. A meeting has been scheduled for Friday, September 9, 2005 at 10:00 a.m. in the Engineering Conference Room to discuss your evaluations and establish a rank list of two to three firms for Board consideration. If you have any questions, please call Jim Oppenborn at extension 1713. Approval " '-' .""", SEPTEMBER 27, DOS ..00 AM BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. REVISED '/27/05 PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING 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 are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting 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 aSRs anyone wishing to speaR 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 aSR for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have bacRup 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 of 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 worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worl?shops. 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 (m) 462-1777 or TDD (712) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' BOARD OF COUNTY COMMIUIONERS www.co.$I:-lucie.ll.us Frannie Hutchinson, Chairman Dous Cowarel, Vice Chairman Joseph E. Smith Paula A. Lewis Chris Crall District No. . District NO.2 District No. I District No. J District NO.5 . September Z7, ZOOS ..00 A.M. Invocation Pleclse 01 Alleslance ~Uh~()\ 0úWc\',J À6Sií~~ I. (à MINUTES ~~~O Approve the minutes of the Tentative Budget Public Hearing meeting held on September 15, 2005. 'ij Approve the minutes of the Regular Board meeting held on September 20, 2005. Approve the minutes of the Final Budget Public Hearing meeting held on September 22, 2005, Approve the minutes of the Special Public Hearing meeting held on September 22, 2005. 2. PROCLAMATIONS/PRESENTATIONS B. (ñ'itG\ M~~~' A, Presentation by Colonel Carpenter of the Army Corps of Engineers on the management of La~e O~eechobee and discharges from the la~e. Update on Indian River Drive presented by Mi~e Powley, County Engineering and Vanessa Bessey, Environmental Resources Director. Resolution No. 05-369 - Project H.O.P.E, - Consider staff recommendation to adopt Resolution No. 05-369 as drafted. D. Congratulations to the St. Lucie County Balefill Construction & Demolition Recycling Facility for receiving the Honorable Mention Award in the Environmental Category of the Engineering Excellence Awards from the Florida Institute of Consulting Engineers. E. The Board wishes to congratulate Tommy Bowes and staff, on winning the 2005 Florida State League Commendation Award. F. Reading of the announcements by the County Administrator, J. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ;3 \ ~LIY\~wt À~nJ~ p~~ (L~~ 'j:l:J\t~ ~/O REGULAR AGENDA SEPIIMBER 27, 2005 PAGE IWO ~ '-ttI PUBLIC HEARINGS SA. There are no public hearings scheduled for September 27, 2005. END OP PUBLIC HEARINGS ~t'eä COUNTY AnORNEY (Wi 1\'\ 0 Resolution No. 05-368 - Adopting Impact Fee Report by James C. Nicholas, Ph.D. - Consider staff ! >1"'\ recommendation to approve Resolution No. 05-368 and authorize the Chairman to sign the Resolution, µloh'un tu Ctpprl'JeJ ú s cw,¡etlckd b-; - C~ ~l\o{jt~, ~te(fL ~\~. ();;\ (I &!\VG'.6 'í\-b,Qd scb 1'0:<) '-/ 'Í-ImftrClYlj j('T/¡I[lIl1M.r £Or +l~ Cl,'ý ~ triJcu¡ ~,jðJ!J \ YD lUI\~~e[ - C]6e.. Sf)'vcJ~ I rœvlCt. Le~}I~/ ~ GJ ¡<6~ ~. ~ì ~s lM. ;;:. 3DPA-1 --t"'> 1J-e.uh~ o-Çhè-t:. '-' "wJ CONSENT AGENDA t. WARRANTS LIST Approval of Warrant List Nos. 52 2. COUNTY AnORNEY A. Resolution No. 05-365 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-366 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-365 and Resolution 05-366 and authorize the Chairman to sign the Resolutions. B. Resolution No. 05-371 MSBU Financial Hardship Assistance Program - Staff recommends correction of scrivener's error and renumbering of Resolution No, 05-347 MSBU Financial Hardship Assistance Program to Resolution No. 05-371. C. Airport Industrial ParI:? - Release of Reverter in October 10, 1962 Deed from St. Lucie County to Fort Pierce Port and Airport Authority - Consider staff recommendation to approve the Release of Reverter for the Airport Industrial ParI:?, and authorize the Chairman to execute the Release, D. Teamsters Local Union No. 769 - Collective Bargaining Agreement - Consider staff recommendation to approve the proposed Collective Bargaining Agreement with Teamsters Local Union No. 769, and authorize the Chairman to sign the agreement, subject to ratification of the proposed agreement by the bargaining unit. E. Weel:?end Worl:? Program - Fourth Amendment to March 4, 1997 Interlocal Agreement with the Sheriff - Consider staff recommendation to approve the proposed Fourth Amendment and authorize the Chairman to sign the Amendment. J. PUBLIC WORKS A. Code Enforcement Division - Request approval from the Board of County Commissioners to accept proposal from Municipal Software not to exceed $37,240,00 - Consider staff recommendation to authorize equipment request No, 06-208, Budget Amendment BA06-100, and the proposal from Municipal Software to pay for the Collection of County Impact Fees from the City of Port St. Lucie. B, Engineering Division - Public Hearing - Florida Rocl:? Mine - South Plant mining permit application (Renewal) - Consider staff recommendation to approve a public hearing date of November 1, 2005 at 6:00 p.m. or as soon there after to consider the request of the Florida Rocl:? Mine - South Plant mining permit application. C. Engineering Division - Award construction materials testing to Dunl:?elberger Engineering & Testing for the Indian River Drive Phase II Project - Consider staff recommendation to award construction materials testing to Dunl:?elberger Engineering & Testing for the Indian River Drive Phase II Project in the amount of $90,098.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. D. Engineering Division - Worl:l Authorization No.3 - Contract No. C03-09-70B with Inwood Consulting Engineers, Inc. - Consider staff recommendation to approve Worl:l Authorization No. 3 (Contract C03- 09-70B) with Inwood Consulting Engineers, Inc, for engineering services for the Weatherbee Road and U.S. 1 Intersection Improvements project in the amount of $6,600.00. CONSENT AGENDA SEPTEMBER 2.7, 2005 PAGE TWO '-' ...; PUBLIC WORKS CONTINUED E. Resolution No. 05-370, Equipment Request EQ No, 05-377, and Budget Amendment No. BA05-194 to purchase a 2006 Freightliner Dump TrucR from Freightliner for $ 89,761.58 for the Road & Bridge Drainage Operations Section - Consider staff recommendation to approve Resolution No. 05-370, EQ No. 05-371 and Budget Amendment No. BA05-194 for the purchase of a 2006 Dump TrucR from Freightliner for a total amount of $ 89,761.58. 4. HUMAN RESOURCES A. Catastrophic Inmate Medical Expense Payment - Consider staff recommendation to approve Resolution No. 05-360. B. October Cost of Living (COLA) increase - Consider staff recommendation to approve the 3% increase effective October 2, 2005, for non-bargaining and bargaining full time and part time with limited benefits employees. s. SOLID WASTE A. Purchase of third baler for the Solid Waste Baling & Recycling Facility as a sole source from Sierra International Machinery, LLC. - Consider staff recommendation to approve the purchase of the 3rd baler for the Solid Waste Baling & Recycling Facility as a sole source from Sierra International Machinery, LLC. This item was approved in the 2005-06 Budget process. The total cost of the baler is $1,208,362.00. B. Amendment No.1 to the CDM proposal for professional services related to the design, permitting, and construction services for the Scale House at the Glades Road Baling Facility - Consider staff recommendation to approve Amendment No. 1 to CDM proposal for professional services related to the design, permitting, and construction services for the Scale House at the Glades Road Baling Facility. The original Agreement is revised from a cost of $136,300.00 to a lump sum of $555,000.00. 6. LIBRARY State Aid to Libraries Grant - Consider staff recommendation to authorize the Chairman of the Board to sign two (2) copies of the application, at the time of approval, for the State Aid to Libraries Grant Application. Approve the library's FY05/06 annual plan of service. Do not date the application - the date will be added once the original application is signed in Tallahassee. 7. INVESTMENT FOR THE FUTURE Approval to purchase a new van to be used by the Information Technology Department - Consider staff recommendation to approve the purchase of a new (2005/2006) van that will be used by the Information Technology Department. I. PURCHASING A. Award Bid No, 05-088 - Savannas Maintenance Building - Consider staff recommendation to award Bid No. 05-088 - Savannas Maintenance Building to Hennis Construction Company, Inc. for a total amount of $149,000.00 and grant permission for the Chairman to sign the contract as prepared by the County Attorney. CONSENT AGENDA ......, SEPTEMBER 27, 200S PAGE THREE -."",¡ PURCHASING CONTINUED B. Bid No. 05-094 - Subdivision No.1 Mowing Contract - Consider staff recommendation to award Bid No. 05-094 - Subdivision No. 1 Mowing Contract to the lowest responsive and responsible bidder, Accolades Services for a total amount of $76,750,00 and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Bid No. 05-095 - Subdivision No.2 Mowing Contract - Consider staff recommendation to award Bid No. 05-095 - Subdivision No. 2 Mowing Contract to the lowest responsive and responsible bidder, Accolades Services for a total amount of $205,000.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. D. Award RFP No. 05-070 - Space Needs Study - Consider staff recommendation to award RFP No. 05- 070 - Space Study Needs to the highest ranR firm Institute for Law & Policy Planning for an amount not to exceed amount of $130,000.00 E. Bid No, 05-096 - Subdivision No.3 Mowing Contract - Consider staff recommendation to award Bid No. 05-096 - Subdivision No.3 Mowing Contract to the second lowest bidder, Treasure Coast Lawns, Inc. for a total amount of $189,150.00 and authorize the Chairman to sign the contract as prepared by the County Attorney, F. Bid Waiver and sole source declaration for the purchase of Southeast Eagle Blend Seed from Lesco Inc. for the ParR & Recreation Department - Consider staff recommendation approve the bid waiver and sole source declaration for the purchase of Southeast Eagle Blend Seed from Lesco Inc. for the ParR & Recreation Department. 9. CENTRAL SERVICES Downtown Judicial Complex Chiller Plant - Edlund Dritenbas BinRley Architects - C03-08-520 - Amendment No.2 to WorR Authorization No. 10 - Consider staff recommendation to approve Amendment No.2, to WorR Authorization No. 10, C03-08-520, Edlund Dritenbas BinRley Architects, for the services of Carter & Associates, Consulting Engineers and Land Surveyors, for additional engineering and surveying services for the ClerR of Courts Chiller Plant at a cost of $11,750.00 and authorize the Chair to sign the Amendment as prepared by the County Attorney. 10. MANAGEMENT AND BUDGET A. Early Redemption of Special Assessment Improvement Bonds - BecRer Road MSBU Series 1996 King Orange MSBU Series 1996 - South Hutchinson Island-North District Wastewater System Series 1998 - South Hutchinson Island -North District Wastewater System Series 1998A - Consider staff recommendation to approve the early full and partial redemption of the following: (1) $1,860,000 St. Lucie County, Florida, Special Assessment Improvement Bonds, Series 1996 (BecRer Road MSBU); (2) $14,920,000 St. Lucie County, Florida, Special Assessment Improvement Bonds, Series 1998 (South Hutchinson Island Wastewater System); (3) $910,000 St. Lucie County, Florida, Special Assessment Improvement Bonds, Series 1998A (South Hutchinson Island - North District Wastewater System); (4) $230,000 St. Lucie County, Florida, Special Assessment Bonds, Series 1996 (King Orange MSBU); at par, as recommended by RBC Dain Rauscher, Mr. Nate ECRloff, Managing Director and Mr. Wess Bradish, Associate, Legal Advisor to the County, and as outlined above. CON'ENT AGENDA 'EPTEMBER 27, 2005 PAGE FOUR '-' ..." MANAGEMENT AND BUDGET CONTINUED B. Purchase of Microsoft Enterprise License for Courts Administration for $106,445.00 - Consider staff recommendation to approve the purchase of the Microsoft Enterprise License, II. PARK' AND RECREATION A. Lease Agreement - Katherine England/Savannas Recreation Area - Consider staff recommendation to approve the first amendment to the lease agreement with Katherine England for living space at the Savannas Recreation Area and authorize the Chairman to sign the amendment, B. 2ßth NATIONAL BIKE ROUND UP - St. Lucie County Fairgrounds - Consider staff recommendation to grant a special permit for the relief of the noise and vibration limits in Chapter 1-13, Saint Lucie County Code of Ordinances, for the 2ßth National BiRe Round up to be held at the St. Lucie County Fairgrounds for the period of July 31-August 6, 2006, based upon the following findings: (1) the activity will be of a temporary duration and cannot be done in a manner that would comply with Chapter 1- 13, and (2) no other reasonable alternative is available, ,2. GROWTH MANAGEMENT A. Approve First Amendment to Contract No. C04-03-132 with Craig Richardson and Clarion Associates - Consider staff recommendation to approve Amendment No. 1 to the consulting agreement with Clarion Associates and authorize the Chairman to sign the First Amendment. B. Request of Brant Shirard, Jr., for final plat approval for the project Rnown as Shirard Estates Subdivision, Phase II. The project is located on property on the east side of Pulitzer Road, approximately 1 mile south of Orange Avenue in the AG-5 (Agricultural - 1 dU/5 acres) Zoning District _ Consider staff recommendation to Approve the final plat of Shirard Estates. Phase II SID and authorize its final execution. ,s. ADMINISTRATION Children's Services Council - Staff recommends submission of the two additional applicants (Toby Philpart and Queen Townsend) to the Office of the Govemor, for consideration for the Children's Services Council appointment. \..; ANNOUNCEMENTS .epte...... 27, 200S '...I 1. Meeting Changes: · October 4, 2005 Board of County Commissioners meeting is at 9:00 a.m. · October 11, 2005 Board of County Commissioners meeting is at 6:00 p.m. · November 15, 2005 Board of County Commissioners Reorganization meeting will be at 9:00 a.m. · The December 27, 2005 Board of County Commissioners meeting is canceled. 2. The St. Lucie County Growth Management Department will hold a meeting to present the results of the April 23, 2005 community worl:lshop regarding the future of the White City Midway Road area on Wednesday, September 28, 2005 at 7:00 p.m, in the White City Elementary School Cafeteria located at 905 West 2nd Street, Fort Pierce, Florida, 3. The Board of County Commissioners, St, Lucie County, Florida, is currently seel:ling applications from persons desiring to be nominated for appointment by the County Commissioners to serve on the St. Lucie County Code Enforcement Board. Interested persons can obtain an application from the County Administration Office, 2300 Virginia Avenue, Fort Pierce, FL 34982. The deadline for submission is October 14, 2005 for more information call 772-462-1156. 4. The Board of County Commissioners will hold a Public Hearing on the FPL Site Plan on, October 25, 2005 at 6:00 p.m. in the County Commission Chambers, 5. The Board of County Commissioners will hold a Public Hearing on the TVC Element Amendment on Monday, October 17, 2005 at 6:00 p.m. in the County Commission Chambers. 6. The Board of County Commissioners, City of Fort Pierce Commission, and the City of Port St. Lucie Council will hold a Joint Meeting on Friday, February 3, 2006 at 2:00 p.m. in the County Commission Chambers, NOTICE: All Proceedings before this Boord are electronically recorded. Any person who decides to appeal any action taRen 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 Manager at (772) 462-1m or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. '-' ..,J Sit Lucie Count, MoSquito Control District Pallia A. Lewb, Chai.man 'o.eph E. Smith, Vice Chai.man DOlIg Cowa." '.annie Hlltchln.on Ch.is C,aft Dist.lct No. I Dbt.ict No. t D"t.ict No. Z D....ict No. . Dist.ict No.1 AGENDA September Z7, ZOOI t. MINUTES Approve the minutes from the meeting held on September 13, 2005. :Ie GENERAL PUBLIC COMMENT CONSENT AGENDA t. WARRANTS LIST Approve warrants List No, 50 and 51 2.. COUNTY ATTORNEY ,- !\Q~\U~\ 1"'\ ~/C Impoundment No.3 Wetland Restoration - WorR Authorization No. 19 with Hazen and Sawyer Engineering, P.C. _ Consider staff recommendation to approve proposed WorR Authorization No. 19 with Hazen and Sawyer Engineering, P,C., and authorize the Chairman to execute the WorR Authorization. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 pcrty 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 Manager at (772) 462-1m or roD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. '-' "wi Sit Lucie COlnt, Ero$ion Conlrol Dbtrici F..nnie Hutchinson, Ch.i....n Ch.is C..ft, Vice Chal.m.n 'o.eph E. ...Ith Dou. Cow.... P.ul. A. Lewis Dlst.lct No. . District NO.5 Dlst.ict No. I Dist.ict NO.2 Dlst.lct NO.1 AGENDA .ept....... 2'1', 2005 I. rr',dMINUTE' (')JD frr r ~ Approve the minutes from the meeting held on September 13, 2005. Z. GENERAL PUBLIC COMMENT CON'ENT AGENDA I. WARRANTS LIST Approve Warrants List No. 50 and 51 Z. PUBLIC WORK' - ERO,ION 1'1'10 w/) A. AH~ r 0 IVf~!ð' rM Af ~ ~~() Artificial Reef Grant Program: Acceptance of a $60,000.00 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef construction - Consider staff recommendation to accept a $60,000.00 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef construction, approve the attached grant agreement with FWC and execution of said grant agreement by the Chairperson. Artificial Reef Grant Program: Acceptance of a $25,000.00 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef monitoring - Consider staff recommendation to accept a $25,000.00 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef monitoring, approval of the attached grant agreement with FWC and execution of said grant agreement by the Chairperson. RFP No. 05-086 for Professional Marine and Engineering Consulting Services for Artificial Reefs: Approval of ranl?ing and permission to negotiate with the three top ranl?ed firms - Consider staff recommendation to approve the ranl?ing and permission to negotiate with the top ranl?ed three firms and allow Contracts to be brought bacl? to the Board for approval. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 pcrty 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 Manager at (772) 462-lm or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. CAt. Iw\ ~~ç~» A RAI. t>f,;1,¡ 'V'" Aft -1-0 RA2. t; V'ï\ 1£\'\ S\;\: '-' ..., BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA September 27, 2001 CONSENT AGENDA ADMINISTRATION Planning & Zoning Commission ApPointment - Consider staff recommendation to ratify Commissioner Smith's appointment of Mr. Craig Mundt to the Planning & Zoning Commission. REGULAR AGENDA COUNTY AnORNEY Resolution No. 05-120 Utility Consolidation Resolution recommendation to adopt Resolution No. 05-120 as drafted. Consider staff COUNTY AnORNEY Update by Heather Young, Assistant County Attorney on the Code Violations issued by the City of Fort Pierce on ChuclÙ Seafood. (1n5ehSIÅS +0 se¡Jt CA \e~e(lo'A~ 3cda¡0J-kc.ê. (lde+UAI+ t6 If S~L( NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Boord 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 Manager at (772) 462-1m or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. \..; ..",,¡ \r' ~ ITEM NO. 8A DATE: 9/27/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: ED PARKER, DIRECTOR SUBJECT: Award Bid #05-088 - Savannas Maintenance Building BACKGROUND: See Attached memo. FUNDS AVAILABLE: Funds are available in the following accounts: 001-7220-562000-7650 (Building - Savannas) 310002-7240-562000-7650 (Building - Savannas) PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends that the Board award Bid #05-088 - Savannas Maintenance Building to Hennis Construction Company, Inc. for a total amount of $149,000 and grant permission for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CE: (X) APPROVED () DENIED ( ) OTHER Approved 4-0 Comm. Coward Absent o ANDERSON COUNTY ADMINISTRATOR County Attorney ()() ~rð Coord ination/S iq natures r I \ iìt't, Ii MgL & Budget í() ~ y y \,~ \ Other ( ) Purchasing (X) /J ¿J ;;// Originating Dept. ( ) Other ( ) Finance: (check for copy, only if applicable)_ · BOARD OF '-' COUNTY COMMISSIONERS ...., PURCHASING DEPARTMENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director ~f From: Date: September 19, 2005 Re: Bid #05-088- Savannas Maintenance Building ******************************************************************************************************************* BACKGROUND: On August 1 0, 2005 bids were 0 pened for B id # 05-088 - Savannas Maintenance Building_ Seven hundred thirty-one (731) vendors were notified, twenty-three (23) documents were distributed, and one (1) response was received. Staff recommends that the Board award Bid #05-088 - Savannas Maintenance Building to Hennis Construction Company, Inc. for a total amount of $149,000 and grant permission for the Chairman to sign the contract as prepared by the County Attorney. ¡. '-' .."" BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR Tabulation Sheet - Bid # 05-088 Savannas Maintenance Building Opened: August 1 0, 2005 at 3:00 p.m. One Vendor responded to Bid # 05-088: Hennis Construction Company, Inc. Fort Pierce, Florida Fax: 772-464-4114 Bid Price (slab and building with stub out for utilities): Total Bid Price (per complete plans/specs): $90,000.00 $149,000.00 Number of Companies Notified*: 731 Number of Bid Documents Distributed*: 23 Number of Bids Received: 1 *per demandstar.com JOSEPH E_ SMITH, Distric: NO.1. DOUG COWARD, District NO.2. PAUL'; A LEWIS, Cistrict No_ 3. éRANNIE HUTc'INSON, District '"c_ 4 . CHPJS CRAFT, District NQ. 5 County Administrator - Dcuç[as M. Andersen 2300 V:rgir,ia Avenue - Fort Pierce, r:L 34982-5652 - Phone (772) .162-í700 - TDO (772j 462-1428 website: WIv"N,c:).st-lucie.il.us ¥ ..", MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: Ed Parker, Purchasing FROM: Jess Baxley, Central Services DA TE: September 15, 2005 SUBJECT: Bid # 05-088 *****x************************************************************************************************ Central Services recommends that BOCC accept the low bidder on Bid # 05-088, Hennis Construction. For the total bid price of $149,000.00 (per complete plans(specs). On Item #1.27 PAYMENT. Central Services suggest the draw schedule payments be set up on a monthly per/cent complete. cc.Guy Medor OÇ-16-05A09:42 RCVD ~ ...., Page 1 of 1 Jennifer Cruz - Re: Account Name & Number for Attached Agenda Req uest z ~.ÆiI' ¡¡¡ ~ From: To: Date:- Subject: cc: Guy Medor Cruz, Jennifer 9/19/2005 2:57 PM Re: Account Name & Number for Attached Agenda Request Baxley, Jesse; Ivey, Summer; McLam, Don; Messier, Elaine; Patti Raffensberger Here we go; there are two fund sources: 001-7220-562000-7650 (Building - Savannas) 310002-7240-562000-7650 (Building - Savannas) Guy »> Jennifer Cruz 09/19/05 2:46 PM »> Could you please supply me with the account name and number for the attached agenda request Thank you_ Jennifer Cruz Executive Assistant Purchasing Department cruzi@stlucieco"gov (772) 462-1700 fax: (772) 462-1294 file:IIC: \Documents%20and %20Settings\Administrator\Local%20Settings\Temp \GW} 000. _ _ 9/19/2005 -..... ...- ..., ITEM NO. 8B DATE: 9/27/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER. DIRECTOR SUBJECT: Bid #05-094 - Subdivision #1 Mowing Contract BACKGROUND: See Attached memo. FUNDS AVAILABLE: Account# 101-4110-534000-400 - Other Contracts PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends awarding Bid #05-094 - Subdivision #1 Mowing Contract to the lowest responsive and responsible bidder, Accolades Services for a total amount of $76,750 and recommends Board authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CE: ~ APPROVED () DENIED ( ) OTHER DO ANDERSON COUNTY ADMINISTRATOR Approved 4-0 Comm. Coward Absent Coord ination/S iqn atures County Attorney (X) ~ 1-/ Mgt. & Budget ()Q Other ( ) Purchasing (X) ¿II/' Originating Dept. ( ) Other ( ) finance: (check for copy, only if applicable)_ BOARD OF '-'" COUNTY COMMISSIONERS .."" PURCHASING DEPARTMENT Ed Parker, Director MEMORANDUM From: Board of County Commissioners - IfJ Ed Parker, Purchasing Director /]I U September 19, 2005 To: Date: Re: Bid #05-094 - Subdivision #1 Mowing Contract *********************************************************************************************************** BACKGROUND: On August 31, 2005 bids were opened for Bid #05-094 - Subdivision #1 Mowing Contract for the Public Works Department, Road & Bridge Division. Two hundred forty-five (245) vendors were notified, twenty-two (22) documents were distributed, and five (5) responses were received. Staff recommends awarding Bid #05-094 - Subdivision #1 Mowing Contract to the lowest responsive and responsible bidder, Accolades Services for a total amount of $76,750 and Board authorization for the Chairman to sign the contract as prepared by the County Attorney. , ' '" ...." PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM FROM: ED PARKER, PURCHASING DIRECTOR DEWEY HUDMAN, ASST. ROAD & BRIDGE MANAGER 'þ\P'1\: To: DATE: SEPTEMBER 13, 2005 SUBJECT: AWARD OF BID #05-094 - SUBDIVISION #1 MOWING CONTRACT We have reviewed all of the bids submitted for this Mowing Contract and recommend awarding this contract to the lowest responsible bidder, Accolade Services. Their three-year bid total was $76,750.00. Please prepare an agenda item for this award at your earliest convenience. Funds will be available in next year's budget under account 101-4110-534000-400, Other Contracts. If we can be of further assistance, please contact me at extension 2802. 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'" 0 ... ~ ~ I'D '" ~"tJ en ...... -. C ......I'D ., N'" CD ~ n 0 ,þ..!D 00"11 0 '" <D_ en , 0 N., .... ...... -. r 000. I!> WI!> :E ::I .en :;- p í\,_... . ,... ...,¡ ITEM NO. BC DATE: 9/27/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER. DIRECTOR SUBJECT: Bid #05-095 - Subdivision #2 Mowing Contract BACKGROUND: See Attached memo. FUNDS AVAILABLE: Account# 101-4110-534000-400 - Other Contracts PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends awarding Bid #05-095 - Subdivision #2 Mowing Contract to the lowest responsive and responsible bidder, Accolades Services for a total amount of $205,000 and Board authorization for the Chairman to sign the contract as prepared by the County Attorney. ~ APPROVED ( ) OTHER ( ) DENIED COMMISSION ACTION: Approved 4-0 Comm. Coward Absent Coord ination/S iqnatures County Attorney ()() LC}l Mgt. & Budget 00 Other ( ) .!VI, rrAJ~ IWI //j.. ..~ Purchasing (X) é4lL Originating DepL ( ) Other ( ) finance: (check for copy, only if applicable)_ -. ...., ITEM NO. 8C DATE: 9/27/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER, DIRECTOR SUBJECT: Bid #05-095 - Subdivision #2 Mowing Contract BACKGROUND: See Attached memo. FUNDS AVAILABLE: Account# 101-4110-534000-400 - Other Contracts PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends awarding Bid #05-095 - Subdivision #2 Mowing Contract to the lowest responsive and responsible bidder, Accolades Services for a total amount of $205,000 and Board authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED () DENIED ( ) OTHER DOUG ANDERSON COUNTY ADMINISTRATOR Coord ination/S iq natures County Attorney (x) L91 Mgt. & Budget 00 Other ( ) f'f: rN\. f,\ A I!w}-~\ Purchasing (X) 4IIJ Originating Dept. ( ) Other ( ) finance: (check for copy, only if applicable)_ .. BOARD OF COUN~ COMMISSIONERS ...., PURCHASING DEPARTMENT Ed Parker, Director MEMORANDUM From: Board of County Commissioners Ed Parker, Purchasing Director {j\ f To: Date: September 19, 2005 Re: Bid #05-095 - Subdivision #2 Mowing Contract *********************************************************************************************************** BACKGROUND: On August 31, 2005 bids were opened for Bid #05-094 - Subdivision #1 Mowing Contract for the Public Works Department, Road & Bridge Division. Two hundred forty-two (242) vendors were notified, twenty (20) documents were distributed, and five (5) responses were received. Staff recommends awarding Bid #05-095 - Subdivision #2 Mowing Contract to the lowest responsive a nd responsible bidder, Accolades Services for a total a mount of $205,000 and Board authorization for the Chairman to sign the contract as prepared by the County Attorney. .. '-" .., PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM FROM: ED PARKER, PURCHASING DIRECTOR DEWEY HUDMAN, ASST. ROAD & BRIDGE MANAGER ~tJ ~ To: DATE: SEPTEMBER 13, 2005 SUBJECT: AWARD OF BID #05-095 - SUBDIVISION #2 MOWING CONTRACT We have reviewed all of the bids submitted for this Mowing Contract and recommend awarding this contract to the lowest responsible bidder, Accolade Services. Their three-year bid total was $205,000.00. Please prepare an agenda item for this award at your earliest convenience. Funds will be available in next year's budget under account 101-4110-534000-400, Other Contracts. If we can be of further assistance, please contact me at extension 2802. 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O'>O'101O'10101OJOJNO'>OWNN O:..,¡ (¡, N 0 ÔJ<OW W -0 0 N -( )-O -.JOO....J..(1tOc..nooooowoo m""¡NOOOOOOOOOOO 00000000000000 00000000000000 "T1"T1-i II) 0 ... ~ ;::¡. 1:: '::J "'0 ~ "'..J tD" ... ~¡:¡CD -þ'.CD n ~:!!g ~~~ ....¡ -. r coo.Ø> to> AI ::: ::J !f1 5" ~ ~.. .."J ITEM NO. 8D DATE: 9/27/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: ED PARKER. DIRECTOR SUBJECT: Award of RFP #05-070 - Space Needs Study BACKGROUND: See attached memo. FUNDS AVAILABLE: $100,000 from FY 06 Space Needs Study Account 001-1900-531000-100 and $30,000 from FY 06 Implementation of Criminal Justice System Assessment Account 0019910-599325-800 PREVIOUS ACTION: N/A. RECOMMENDATION: The committee recommends approval to award RFP #05-070 - Space Study Needs to the highest rank firm Institute for Law & Policy Planning for an amount not to exceed amount of $130,000. Approved 4-0 Comm. Coward Absent COMMISSION ACTION: QQ APPROVED () DENIED ( ) OTHER DOU DERSON COUNTY ADMINISTRATOR Coord ination/SiQnatu res County Attorney (x) Originating Dept. ( ) Cf'/ r( v I ,'\ / vi! V~U'--!'J 1 AI . Mgt. & Budget ( x ) ~y~ . v il:':'J .J Other ( ) ¡;. Purchasing ( x ) tØÍ .... / Other ( ) Finance: (check for copy, only if applicabie)_ · , i ~ '- BOARD OF COUNTY COMMISSIONERS \.r "WI PURCHASING DEPARTMENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director Date: Re: August29,2005 Award of RFP #05-070 - Space Study Needs BACKGROUND: On July 13, 2005 proposals were opened for RFP #05-070 - Space Study Needs. Eight hundred sixty-one (861) vendors were notified, thirty-five (35) documents were distributed, and two (2) responses were received. A Selection Committee met on August 25, 2005 and again on August 29, 2005 to review the proposals. The committee recommends approval to award RFP #05-070 - Space Study Needs to highest rank firm Institute for Law & Policy Planning for a not to exceed amount of $130,000. Points 449 426 JOSEPH E_ SMITH. District No_1 . DOUG COWARD. District NO.2. PAULA A lEWIS, District No.3. FRANNIE HUTHINSON, District No.4. CHRIS CRAFT, District No_ 5 County Administrator - Douglas M_ Anderson 2300 Virginia Avenue - Fort Pierce, Fl 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: www.co.st-luCÎe.f1.us , . ~ -..J BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - RFP# 05-070 SPACE NEEDS STUDY CENTRAL SERVICES OPENED: JULY 13, 2005 AT 2:00 P.M. THE FOLLOWING VENDORS RESPONDED TO THE RFP: INSTITUTE FOR LAW & POLICY PLANNING BERKELEY, CALIFORNIA FAX: 510-486-8352 CARTER GOBLE ASSOCIATES, INC. COLUMBIA, SOUTH CAROLINA FAX: 803-779-8518 NUMBER OF COMPANIES NOTIFIED': 861 NUMBER OF BID DOCUMENTS DISTRIBUTED': 35 NUMBER OF BIDS RECEIVED: 2 "cer demandstar.com JOSEPH E SMITH, District No.1. DOUG COWARD, District NO.2. PAULA A LEWIS, District NO.3' FRANNIE HUTHINSON, District NO.4' CHRIS CRAFT, District No_ 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: www.co.st-Iucie_fl_us '- .¡:,.. f>,) en m x -0 CD -, (5- ::J o (1) :§- 5' tJJ ª: õ) -, cc o < CD -, ::J 3 ( ) ~ -0 -, g. CD o u; ~ o o f>,) o .¡:,.. .¡:,.. 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IÐ .., 0-+ G') IÐ UI 0 C'" ::s CD ~ '" Page 1 of 1 ..., Edward Parker - Space Needs Study From: To: Date: Subject: Jennifer Hill Parker, Edward 8/29/20059:27 AM Space Needs Study ______._~'w..__"._____.._~__.___...__ ---- ---~._~--,_._._---_.- $100,000 was added to the FY 06 Budget for the space needs study in account 001-1900-531000-100. file:J IC: \Documents %20and%20Settings\Administrator\Local %20 S ettings\ Temp \GW} 000... 8/29/2005 ¥ ~ Page 1 of 1 Edward Parker - Space Needs Study From: To: Date: Subject: Jennifer Hill Parker, Edward 8/29/2005 12:02 PM Space Needs Study - - _._--_._--~._~ -'---'--'_.~----'---~-----"-~'-"------"--'-~------_.---..- ...----..--. .-..---.--.---...--- The additional money needed for the space needs study (approximately $30,000) will come from the money set aside for the Implementation of Criminal Justice System Assessment which is budgeted in 001-9910-599325-800 - Settlement reserve. file:/IC: \Documents%2 Oand%2 OSettings\Administrator\Local %20 Settings\ Temp \G W} 000... 8/29/2005 ...,....-. 'WI ITEM NO. BE DATE: 9/27/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER, DIRECTOR SUBJECT: Bid #05-096 - Subdivision #3 Mowing Contract BACKGROUND: See Attached memo. FUNDS AVAILABLE: Account # 101-4110-534000-400 - Other Contracts PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends awarding Bid #05-096 - Subdivision #3 Mowing Contract to the second lowest bidder, Treasure Coast Lawns, Inc. for a total amount of $189,150 and recommends Board authorization for the Chairman to sign the contract as prepared by the County Attorney. IX¡ APPROVED ( ) OTHER ( ) DENIED COMMISSION ACTION: Approved 4-0 Comm. Coward Absent County Attorney çw.) .~ ~. " Coord ination/S jqnatu res r: 1ml ,~ Mgt. & Budget ~ ( 1f rYH I~ Other ( ) Purchasing (X) ~~fJ Originating Dept ( ) Other ( ) finance: (check for copy, only if applicable)_ .~ BOARD OF '-" COUNTY COMMISSIONERS ...,., PURCHASING DEPARTMENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director Date: September 19, 2005 Re: Bid #05-096 - Subdivision #3 Mowing Contract *********************************************************************************************************** BACKGROUND: On August 31, 2005 bids were opened for Bid #05-096 - Subdivision #3 Mowing Contract for the Public Works Department, Road & Bridge Division. Four hundred ninety-two (492) vendors were notified, twenty-four (24) documents were distributed, and four (4) responses were received. The low bidder, Dunn Tractor Services had two previous contract terminated by the Road & Bridge Division by mutual agreement of both parties. Staff recommends awarding Bid #05-096 - Subdivision #3 Mowing Contract to the second lowest bidder, Treasure Coast Lawns, I nc. for a total amount of $189,150 and Board authorization for the Chairman to sign the contract as prepared by the County Attorney. ~ .."J PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM FROM: ED PARKER, PURCHASING DIRECTOR DEWEY HUDMAN, ASST. ROAD & BRIDGE MANAGER 'Q\ÛW To: DATE: SEPTEMBER 16, 2005 SUBJECT: AWARD OF BID #05-096 - SUBDIVISION #3 MOWING CONTRACT We have reviewed all of the bids submitted for this Mowing Contract and found only two bidders that submitted a three-year bid total and included amounts for option years 4 and 5_ The lowest bidder, Dunn's Tractor Services, has done mowing work for the Road & Bridge Division on previous contracts and did not always provide satisfactory service. Dunn's Tractor Services was awarded the mowing contract (C01-1 0-031) in 2001 for Subdivision #2 (North & West Fort Pierce areas)_ On May 7, 2002 we sent him a letter terminating his contract by mutual agreement of both parties. Additionally, he previously had the mowing contract for Subdivision #3 and we terminated this contract by mutual agreement of both parties_ Therefore, we recommend awarding this contract to the lowest responsible bidder, Treasure Coast Lawns, Inc_ Their three-year bid total was $189,150.00. Please prepare an agenda item for this award at your earliest convenience. Funds will be available in next year's budget under account 101-4110-534000-400, Other Contracts. If we can be of further assistance, please contact me at extension 2802. DWH/sb Attachment cc: J. Scott Herring. Road & Bridge Manager Gordon Joyner, Maintenance Operations Supervisor Larry Leary, Maintenance Foreman III 09-19-05P02:23 RCVD to en o I :g +-' E : :t: 0 c.. 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"- 000 Q5 Q3 a; .c.o.c E E E '" '" '" zzz E o ~ ro t) -0 C CO E ( ) o (¡¡ Cl. . '-' -..I Send Registered Mail Return Receipt Requested May 7, 2002 Mr. Howard Dunn, Jr. Dunn's Tractor Service Post Office Box 12905 Fort Pierce, Florida 34979 Re: Notice to Terminate Subdivision #2 Mowing &Litter Pickup Contact - C01-1O-031 Dear Mr. Dunn: This letter is to inform you that the St. Lucie County Commission approved termination of the above referenced contract for mowing and litter pickup services as per Paragraph 21B, This termination is by mutual agreement of both parties as discussed with 30 days notice from the date of this letter, and will be effective June 7, 2002, If you have any questions, or need additional information please contact me at 462- 2717 or via email atsherrinQ@co.st-lucie.fl.us. Sincerely, J. Scott Herring, P. E. Road & Bridge Manager JSHj sb. cc: Ray Wazny, Public Works Director P. M. Bowers, Asst. Public Works Director Elbert Stewart, Maintenance Operations Supervisor Gordon Joyner, Maintenance Field Foreman Dan McIntyre, County Attorney '--' ...,¡ January 16, 2002 Mr. Howard Dunn, Jr. Dunn's Tractor Service Post Office Box 12905 Ft. Pierce, Florida 34979 Re: Subdivision #2 Mowing Contract - Litter Pickup Dear Mr. Dunn: In reference to subdivision mowing in Sunland Gardens and Juanita Avenue west of U. S. 1 the litter pickup was not completed to County contract requirements for December 2001. Your payment for this cycle is in the mail, but once again your litter pickup for this subdivision is not completed. This letter is the first step in the contract procedure for resolving this situation. If the problem continues your contract with St. Lucie County could be in jeopardy of termination. Thank you, Gordon H. "Buddy" Joyner R & B Maintenance Field Foreman GHC/sb cc: J_ Scott Herring, Road & Bridge Manager Dewey Human, Project Supervisor "" ITEM NO.-,,¡t DATE: 9/27/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Ed Parker, Purchasinq Director SUBJECT: Bid Waiver and sole source declaration for the purchase of Southeast Eagle Blend Seed from Lesco Inc. for the Park & Recreation Department. BACKGROUND: See attached memo. FUNDS AVAILABLE: Acct. #461-75201-552300-700 - Chemicals and Fertilizers PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends approval of the bid waiver and sole source declaration for the purchase of Southeast Eagle Blend Seed from Lesco Inc. for the Park & Recreation Department. COMMISSION ACTION: ÞCI APPROVED [] DENIED I J OTHER: Approved 4-0 Comm. Coward Absent Originating Dept: Other: Dou Anderson County Administrator Purchasing Mgr_:(X)~ Other: County Attorney:(X) .~' Mgt & Budget:;(X) Finance: (Check for Copy only, if Applicable) BOARD OF '-' COUNTY COMMISSIONERS ~CHASING DEPARTMENT Ed Parker, Director MEMORANDUM From: Board of County Commissioners Ed Parker, Purchasing Director ~ To: Date: September 20, 2005 Re: Bid Waiver and sole source declaration for the purchase of Southeast Eagle Blend Seed from Lesco Inc. for the Park & Recreation Department. *********************************************************************************************************** BACKGROUND: Staff requests a bid waiver and sole source declaration to Lesco Inc. See attached justification and sole source letter. ~ ..,J '- JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the reQpired supply, services or construction item. ~_~_PIc:>eC:>~~--!~Prt?E~~I:!-~~-~--~c:>~-ow~!"g~-------------~-.-_.-------------.------.-....-----.---~------------------------.- 'Southeast Eagle Blend Seed, treated with the fungicide Apon to prevent disease. Item #061654. " '._, .~..__"'~","_..O"..N_"^··· ...' ..... " --,,~~~"-_.,,~". .-..--.---- ..._.~._~~'._..__.,,__~,~.. .__~........_._._.._.<o__~..."~~.~,,,~..._.._.."_..._,.. . ,_,_ . . "__~~,_.__..~...___~.,,_.,.,_. .~__ ~,.._,,"_.v_~__,,·.~~.,.,·.._··_~v ,"-'_ As a sole source procurement from: Inc. Name of Company: Inc. Contact Name: Allard î-..·-·-»-~-"-m'-¥-~_~_.._...-.-.------~,,····-'-: Phone: ¡772-337 -0335 i ~..."~_,~.,,._.~.__~~__~~.___-_~_M _____..."_....._..'&.,,.< The basis for this sole source determination and the reason no 'other vendor is suitable is: IDue to Lesco being our Sole Source provider for the fertilization program already in place at ¡Tradition Field, Lesco is the only provider of this seed compatible with the current program. This ¡seed contains three premium turf-type perennial ryegrasses that resists disease and it is a special !blend that works with the current fertilization program and meets the Mets' specifications in keeping Ithe fields healthy year-round. ~_.~_,__...~,_.m~M'___~__"___""_____~·_~_~__~·'_·_~___-~., Date [9/16-/05----------'------- --- ¡·-ßid~:----~~-··········:·:=::-:~:::=.',.--- · s ~ ' Tltle-m_. ... ......... ... .... .. _m .."._..._o.._.'"n"'''^<'''_'__'_·_''_'' D.~:~iSion !Traditi~on_l'iel<il~"rks_&J<-"",_j A~atur. ~_ _.._....__.._.__·.._O<..H·..__"·~ Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the detennination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. ¿;/Ü Purchasing Dire~ Approved @ Disapproved 0 ~. J/~ç / Dáte G:FORMSISOLE SOURCEIINT C) -0 I -0 I C) IJl » o -0 C) N :;0 n < CJ o,:-Qor'l '-" FAX NO. Dec. 01 ~ 03:16PM P1 PECIFICATJONS ' PRODUCT . ~. 'I ,,---' Overseeding Eagle Blend FEATURES: Very Good Disease Resistance Excellent traffic ':olerance Fine Texture - SIJperior Density Dark G...eo COlor Quick Establishm, .nt Good Transitionir 9 Quality INGREDIENTS: Contains three ofthef<,llowing Turf· Type Perennial Ryegrasses: AlIsport, ProSporl, Line Drive, or GreenvI1I9 DESCRIPTION: Overseeding Eagle BI' ~nd contains three premium turf·type perç,nnial ryegrasses. Overseedíng Eagle BII ind has ¡hown good disease resistance anll good wear tolerance. This blend has an excI1ptíol1al dark green color, and, because this product is a blend of high quality perenn;:l1 ryegrasses, it ! produces a fine textu "(:d turf with good \~/ density. Overseedìng I :agle is formuletèd to transition well when Vv'arm season grasses come out of dormancy. GEOGRAPHICAL AD; 'PTATIQN: For oven5eeding of dormant warm season grasses, Overseedin ~ Eagle Blend i¡o well adapted through ::>ut the warm humid, subtropical, and w,mn arid zones. SUGGeSTED USAGE: For overseeding dorm lOt warm season grasses, including: go f course greens, tees and fairways, athletic: ¡aids, home lawns, and commercial areas. '-.-/ Form ~6~6' LasCO I.. reg~ 1019<1 ...do",.,; of L!SCO T""M.IOg~.. LLC_ Ap,.n iO . tr.~",.rk of Sy~g.~t8 . :rop ~rotc<:Üon', 1""- 001-501 RECOMMENDED SEEDING RATES: Golf course fairways and oommercial turi ......_____ 250 - 400 Ibs/acre Golf course greens and tees ............ 10 - 251bs.l1,OOO sq. ft TURF ESTABLISHMENT AND RECOMMENDED MAINTENANCE PRACTICES: Overseeding should be accomplished prior to the onset of cool temperatures that cause warm summer grasses to go dormant. Aerate or lightly verticut to assist in seed incorporation. Use LESCO Starter Fertilizer, and irrigate often until seedlings are established. Fertilize and irrigate periodically throughout winter to maintain color and prevent stress. Begin mowing when turf growth exceeds 1" Maintain turf at 1 Yo" - 2". Mowing to 1/8" on ol/erseeded putting greens is acceptable. SPRING TRANSITION: The objective of spring transition is a conven~ion back to warm season grass_ Gradually re<.luce irrigation to put over'$eeded grass under stress, When warm season grass shows signs of green-up, lower mowing height to weaken overseeded grass and allow sunlight to reach warm season grass. When warm season grass begins active growth, lightly l/ertlcut or aerate to promote growth. SPECIFICATIONS FOR BIDDING Overseedíng Eagle Blend 50 pound pOlypropylene bag ........ 061636 50 pound polypropylene bag with Apron'''' ......................,.....061654 1000 Ib bulk bllg ............................. 061669 1000 Ib bulk bag with Apron* ........ 061653 . Apron fungicide treatment to help control pythium LIiSCQ· WWW, lesco.cOiT! Q) C: I::: ~ æ E .::¡ .:::: o -I lC) N (V) \0 I .- ¡ç-,¡ 1M 1- io 10 ¡co l- oa> I~ :0 !~ i I . , iN If". 1.~ !~ i<O ¡(") í...... ,-<t J"'Ct 10 'i:-- '.,. ,¡;;;;, 1:0 ~ ç:: Q) ~ ~ ~ ÕJJ ~ ~ I " o o ,.... 0) , o o o co IS;> '¡('I') >< o OJ o a. . '0 c: o o ,(JJ u.J ...J ::: . 1219/21/21211215 ~FROf"1 : 13:33 7'')8715455 "'-' SPORTSCOMPLEX PAGE 01 F'A~~ HO, ..¡ Dec. 07 20Ø4 12: 3SF1'1 P1 TO: ST LUCIE COUNTY S27N.W.I'EACOCKBLVD. PORT ST LUCIE, FLA. 34982 9/21/2005 FROM: LESCO IN C. 1714 S. NUMEYER CIRCLE PORT ST LUCIE, FLA. 34952 EILEENE: WE CURRENTLY ARE THE SOLE PROVIDER OF LESCO PRODUCTS FOR TRADITION FIELD. WE HAVE SETUP A SPECIALIZED FERTILIZATION PROGRAH FOR THE FACILITY, AND THE PRODUCTS THAT YOU BUY FROM US SUPP(IRTTHIS PROGRAM, WE ALSO SUPPLY SPECIALTY PRODUCTS SUCH AS FUNGICIDBS, AND INSECTICIDES. WE ALSO SUPPLY TECHNICAL DATA AND CONSULTATIONS WHEN PROBLEMS ARISE, TH E FOLLOWING IS A LIST OF PRODUCTS THAT YOU ARE CURREN~'LY USING. 18-0.]8 W DIMENSION 10-15-15 ~TARTER 16-2-16 SC% PPSCU MANCOZEB SUBDUE MAX MANICUJŒ 19~O-19 W PRE-M TOP CHOICE 9-2-24 SOUTH EA.ST EAGLE GRASS SEED ( TREATED) IF yOU rIA VB ANY QUESTIONS, OR YOU NEED ANY MORE INFORMATION. PLEASE FEEL FREE TO CALL ME @ (772) 3~7·0335. DOU LAS ALLARD SALES MANAGER Lesco Inc. ~ ...., Public Works Code Compliance Division Memorandum TO: Doug Anderson, County Administrator Ray Wazny, Assistant County Administrator Fay Outlaw, Assistant County Administrator FROM: Dennis M. Grim, Code Compliance Manager I Building Official (j) SUBJECT: Request to proceed with PSL Impact Fee collection implementation DATE: September 21,2005 Attached you will find a proposal from Municipal Software Company to add an "Impact Fee Permit" binder to our existing City View software to collect PSL county impact fees. It is understood that time is critical to have a mechanism in place by October 1, 2005. I am asking your permission to have Municipal Software proceed with their process to create this new binder. An agenda item will be brought before the BOCC on Tuesday September 27,2005. Thank You '-" ..., ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2005-2006 DEPARTMENT: DIVISION: PUBLIC WORKS CODE COMPLIANCE RECOMMENDED: YES APPROVED: YES NO NO REVISED REVISED JUSTIFICATION: Request approval from the Board of County Commissioners to accept proposal from Municipal Software to pay for the collection of county Impact Fees from the City Of Port St Lucie. The collection of Road, Public Buildings, Parks, and General Admistrative Fee will come from the new "division" Impact Fee: 150-1300-xxxxxx-100. EQUIPMENT REQ#:EQ06-208 EQUIPMENT REQ#: ACCOUNT#: 150-1300-568000-1 00 ACCOUNT#: '-' ...." BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Public Works/Code Compliance PREPARED DATE: 9/22/2005 AGENDA DATE: 9/27/05 effective 10/1/05 AceOONTNOMBER Aee.OONTNAME AMOUNT TO: 150-1300-568000-100 Software $37,240 FROM: 150-9910-599300-800 Reserves $37,240 REASON FOR BUDGET AMENDMENT: Impact Fee Collection Proç¡ram to collect impact fees. The software beinç¡ purchased is City View Municipal Software. CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: ~ I OMB APPROVAL: ( tilJ/ m J1ß.... BUDGET AMENDMENT #: BA06-100 DOCUMENT # & INPUT BY: ~ ""'" FROM: COUNTY ADMINISTRATION MEMORANDUM 05-126 --- ->_.._._- TO: , '-.) DATE: RE: Implementation of Port St. Lucie Impact Fee Collection Program As a result of yesterday's meeting with Port St. Lucie and the unsuccessful effort to have them collect the County's Public Building, Parks and Road Impact Fees, staff is prepared to implement the following impact fee collection program: 1. Today, September 16th, letters (copy attached) are being sent to builders and banks explaining the collection process. 2. Today, September 16th, a public records request is being hand-delivered to Port St. Lucie requesting weekly building permits. Every week hereafter, this information will be requested (a copy of the request attached) 3. At the September 22'h Board of County Commissioners' Budget Public Hearing, a $300,000 budget will be presented to the Board for approval (copy attached). The revenue will come from the 4% Administration Fee that Port St. Lucie previously received. 4. At the September 20th Board of County Commissioners' Meeting, staff will be recommending that two Senior Accounting Clerks positions be created. The positions are a part of the $300,000 budget described above. Initially we will fill one position. If it is later determined two positions are warranted, we will fill the second position. These positions will be located in Permitting. 5. The appeal process that has been discussed with the Board will be in place in two weeks. If changes to the above procedures are found to be necessary, we will make adjustments at that time. DMNab 05-126 c: RaJ Wazny, Assistant County Administrator f;Çe utlaw, Assistant County Administrator Dan Intyre, County Attorney Dennis rim, Code Compliance Manager Don We ,Public Works Director Marie Gouin, Management and Budget Director / / ì· \ " I [\ '\ / \," \ ,~ \ t \ i Attachments '-' "willi COUNTY ADMINISTRATOR BOARD OF COUNTY COMMISSIONERS f<MM""--'U:.'If"" :~",.,.",...,.,..",¡'.,~.,.,.,-".~ ''''''''I!"''-'1.". ...,....,.....,......._""'J).."....._....'_,,,,...c.,·"'\¡.."- "~=r'. ~o"e' ·I·~..·'~···_· ..'- COUNTY /~' FLORIDA'" DOUGLAS M_ ANDERSON September 16,2005 To Whom It May Concern: As a result of a decision by the City of Port St. Lucie to discontinue collecting Impact Fees for roads, parks and public buildings as of September 30, 2005, the County was forced to adopt an alternate collection procedure for its impact fees. The procedure requires the County to send the feepayer and the owner an Impact Fee Statement Notice containing the amount due. The Notice allows the owner / feepayer the option of requesting a hearing or paying the fee. If the fee is not paid, the County will mail a Notice of Lien to the ownerjfeepayer and file a Claim of Lien in the Official Records of the County. If you have any questions concerning this new procedure, please contact Ray Wazny, Assistant County Administrator, at 772-462-1452. ouglas M. Anderson County Administrator DMAjab 05-147 c: Board of County Commissioners Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Dan McIntyre, County Attorney Dennis Grim, Code Compliance Manager JOSEPH E_ SMITH, DlSrricT No_ 1 . DOUG COWARD. DistTia No.2. PAULA A LEWIS_ DISTriCT No. J . mANNIE HUTCHINSON. DistricT No.4· CHRIS CRAfT. DistricT No.5 COUnTY Administrator - Douglas M. Anderson 2300 Virginia Avenue. Fort Pierce. FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · emoil: dougo@co.st-lucieJLus web site: www.co_st-lucieJLus '-" ..", . Municipal Software 4464 Markham Street, Suite 1108, Victoria, BC, V8Z 7X8 Canada Toll-Free 1.800.665.5647 I Tel: (250) 475.6600 I Fax: (250) 475.6080 www.MunicipaISoftware.com I Trading Symbol: T5X-V:M5Z St. Lucie County, FL Municipal Software Proposal to Collect Impact Fees in CityView property Information I permits & inspections I planning code enforcement I licensing I cashiering I application builder ~ .¡ Proposal to Collect City of Port St. Lucie Impact Fees in CityView Summary Municipal Software Corporation is excited to be offered the opportunity to provide St. Lucie County with a proposal to enable the recording and collection of Port St. Lucie Impact fees within CityView. The following proposal identifies the scope of work to be performed, the expected outcome and the estimate of costs to be charged by Municipal Software Corporation to St. Lucie County, for the services to be provided. We hope this proposal meets your expectations and look forward to the formal approval to begin development. Sean Higgins Municipal Software Corporation Telephone: 1.800.665.5647 Ext 245 Email shiggins@municipalsoftware.com Sincerely, ~ lain McLean CEO Background Currently, the City of Port ST. Lucie FL (PSL) collects impact fees on behalf of St. Lucie County (SLC). After 10/1/05, PSL will no longer collect these fees and it will be the responsibility of SLC to collect these. St. Lucie County requires an automated process to be developed in CityView which will; periodically record the permits issued by PSL for new residential construction, new commercial construction and commercial additions; generate notification of impact fees to the property owners; record collection of impact payments; generate notices of liens for overdue payments; generate reports of impact fee payments for posting to the General Ledger. The work flow and cash flow associated with the process are described in Appendix 1. 4464 Markham Street. Victoria, BC V8Z 7X8 Phone: (800) 665-5647 Fax: (2S0) 475-6080 ~ ....., Scope of Work The following assumptions are made: · That S1. Lucie County will obtain, in electronic format from the City of Port S1. Lucie or its contractors, the required data for periodic import into CityView, to include o Property Identification data - PIO, Lot #, Block #, Section #, o Ownership information - current ownership, owners mailing address, o Mortgage holder information and mailing address, o Construction square footage for new commercial construction and additions, o Permit number and permit type information i.e. Single Family Residence, Multi- family etc. · That no export routines for the data from CityView are necessary, · That SLC will provide all information needed for configuration of letters, fees and discounts, General Ledger numbers, data import routines, · That Municipal Software obtains from SLC a sample of the data from PSL or its Third party contractor by close of business September 21, 2005, · That S1. Lucie County will assist the expeditious completion of this work by providing the template letters and reports in a form where the field information can be added by Municipal Software (i.e. with text fields, logo, template wording etc) by September 26, 2005, and assisting with configuration of fees etc where called upon to do so. Based on these assumptions and on discussions with the SLC project team, the following developments are envisaged: A. Creation of an import routine for inserting data from PSL into the appropriate tables in CityView, B. Two CityView Forms, tables and automation to: 1. Track property, owner and permit information (imported permits prefixed with PSL) and generate and record fees, payment and discounts. Fees will be shown with three amounts separated and summed (Road, Park and Public Building), 2. Enable batch generation of notification of: i. Impact fee statement, II. Notice of lien letters, and iii. Claim of lien letters. C. Two CityView reports to include: 1. Outstanding impact fees (outstanding for less than 60 days), 2. Outstanding impact fees/liens (greater than 60 days), D. Four CityView letters to include: ~ ..., 1. Statement of Impact fee - to be generated through a batch process after data import from PSL or third party, 2. Notice of Lien - generated through a batch process on all accounts which are greater than 60 days overdue, 3. Claim of Lien - generated through a batch process five days after the generation of Notice of Lien 4. Release of Lien - generated singularly, as payments are received. E. Configuration of impact fees in the CityView Flexfee system, including flat fees for residential new constructions and square footage-based fees for commercial new constructions and additions, with assignment of fees to five different General Ledger codes, Schedule of Delivery In view of the very tight desired timelines given by SLC, Municipal Software will do everything possible to expedite delivery. However, key to a timely delivery will be the provision of the sample data and letter and report prototypes to Municipal Software Corporation by SLC by the required dates. The following delivery is proposed: · Development items A., B.1, B.2.i, D.1 and E by October 1, 2005 (Delivery 1), · Remaining development items by October 20, 2005 (Delivery 2). ~ 'WI IMPLEMENT A nON SERVICES AGREEMENT MEMORANDUM OF AGREEMENT made as of the 21st day of September, 2005. BETWEEN: St. Lucie County, FL (hereinafter referred to as "THE COUNTY") OF THE FIRST PART -and- MUNICIPAL SOFTWARE CORPORA nON (hereinafter referred to as "MUNICIPAL") OF THE SECOND PART WHEREAS THE COUNTY requires the services of MUNICIPAL in connection with the purchase and implementation of the Impact Fee application in CityView. AND WHEREAS THE COUNTY requires the services of MUNICIPAL in connection with providing training in the use of the CityView Software. AND WHEREAS MUNICIPAL is qualified or has in its employment personnel qualified to provide the required services; NOW THEREFORE, in consideration of the promises, muh.1al terms, covenants and conditions contained herein, the parties hereto agree as follows: 1) MUNICIPAL will undertake and provide the following services: provide 2 concurrent licenses of CityView and services as dictated by its Annual Software Maintenance Agreement. (to be confirmed) provide Project Management for the implementation of CityView Software as outlined in the proposal. provide training for CityView Software as outlined in the proposal. (to be confirmed) 2) The term of this Agreement shall run from the date it is signed for a period of three (3) months. The term may be extended upon written agreement between both parties within 60 days of the termination date. 3) In reh.1m for the work and services and products to be provided by MUNICIPAL pursuant to the terms of this Agreement, THE COUNTY shall pay MUNICIPAL as follows: Page 1 0[4 Sq¡tember 21, 2005 ~' -.1 Licensing: $4,000 - 2 concurrent City View Workstation licenses invoiced net 30 days upon receipt of initial order. (to be confirmed) Annual Software Maintenance:: $800 -for 2 CityView Workstation Licenses, to be added at the next anniversary date of the existing Annual Software Maintenance Agreement (to be confirmed) Implementation/Customization: (user review, form refinements and data conversion): $15,820 - Delivery # 1 on or by October 1, 2005 consisting of Import routine for Port St. Lucie data; Form for tracking property, owner and permit information and to generate and record fees, payments and discounts; Batch generation of Notification of Impact Fee statements; Statement of Impact Fee letter; and, Configuration of impact fees in the City View FlexFee system; $15,820 - Delivery # 2 on or by October 20, 2005 consisting of Batch generation of Notice of Lien letters and Claim of Lien letters; Reports for Outstanding Impact Fees and Outstanding Liens; and, Letters for Notice of Lien, Claim of Lien and Release of Lien. Training: $800 - half day remote training on new Impact Fee application (to be confirmed) Travel exPenses: No travel is identified in this project. All site visits that may be subsequently required will have travel costs for airfare, meals, accommodation, transportation, travel time and layovers required for obtaining better airfares and flight scheduling and other reasonable expenses billed at cost upon return. which payment shall be exclusive of any and all expenses incidental and related hereto; PROVIDED that THE COUNTY will pay to MUNICIPAL any other project costs and expenses which are authorized in advance by THE COUNTY. 4) MUNICIPAL shall, for the purposes of this Agreement, be an independent contractor and MUNICIPAL, its employees, agents or servants shall not be considered employees of THE COUNTY for any purpose whatsoever. MUNICIPAL will be responsible for the payment of income tax, pension, unemployment and all other payments and deductions as are usually made by an employer on behalf of his employees. 5) Where THE COUNTY determines that services provided by MUNICIPAL pursuant to this Agreement are not in accordance with this Agreement, THE COUNTY may require MUNICIPAL to remedy such deficiency. The exercise by THE COUNTY of Page 2 of 4 September 21, 2005 '--' -.I the authority given pursuant to this clause shall not limit any other remedy that THE COUNTY might have pursuant to this Agreement or at law. 6) All information and data received and compiled by MUNICIPAL, while performing services pursuant to this Agreement, shall be treated as confidential for the benefit of THE COUNTY and shall not be disclosed or made known to any other person except as authorized by THE COUNTY. 7) All written reports, documents and studies prepared by MUNICIPAL to this Agreement shall become the property of THE COUNTY. 8) THE COUNTY shall, during the progress of the services required pursuant to this Agreement, cooperate with MUNICIPAL and shall funùsh to MUNICIPAL such information as is in every way provide such cooperation as is reasonable in order for MUNICIPAL to be able to perform the services required pursuant to this Agreement in a satisfactory manner. 9) MUNICIPAL shall indemnify and save harmless THE COUNTY, its employees and agents against any and all claims demands, actions and costs whatsoever relating to damages to persons or property that may arise out of MUNICIPAL's performance of the Agreement and THE COUNTY shall not be liable and responsible for bodily or personal injury or property damage of any nature whatsoever that may be suffered or sustained by MUNICIPAL's employees or agents in the performance of this Agreement. 10) There shall be no waiver of a breach of this Agreement unless such waiver is signed by the party who has not committed the breach. Waiver to a specific breach shall not affect the rights of the parties relating to other future breaches. 11) For the purposes of this Agreement, the address of the parties are: St. Lucie Cowlty 2300 Virginia Avenue Fort Pierce, FL 34982 ATTENTION: Dennis Grim, Code Compliance Manager AND Municipal Software Corporation Suite 1108, 4464 Markham Street Victoria, British Columbia V8Z 7X8 ATTENTION: Robert Bennett, President 12) Any communication, notice or service of documents required to be made during the course of this Agreement will be good and sufficient if delivered to, or posted by registered mail addressed to, the above addresses. Notice given in any such manner shall be deemed to have been received by the party on the day of delivery or upon the Page 3 of 4 September 21, 2005 / '- .,I' 4th day after the date of mailing. Any party may change its address for service from time to time upon notice to that effect. In the event of disruption of normal postal service, and party giving notice hereunder shall be required to deliver the same. 13) This Agreement shall be governed by the laws of the State of Florida. 14) This Agreement may not be assigned by MUNICIPAL without the prior written consent of THE COUNTY. 15) This document contains the entire Agreement of the parties hereto, and no modification thereof shall be binding upon the parties unless such modification is in writing signed by the respective parties hereto. 16) This Agreement shall ensure to the benefit of and be binding upon the parties herein and their respective heirs, successors and assigns. 17) Time is of the essence in this Agreement, and if either party shall fail to perform the covenants on his part to be performed at fixed times or alternatively within a reasonable time for the performance thereof under the terms of this Agreement, the other party may elect to terminate the Agreement. IN WITNESS WHEREOF the parties have executed this Agreement as of the date first above written. FOR THE COUNTY: Signature: Name: Title: FOR MUNICIPAL SOFTWARE CORPORATION: Signature: Name: Title: Page 4 of 4 September 21, 2005 // "" ..I ~ o .~ ~ u Q.) ~ ~ ~ ~ ~ o~ Uu ~ ~ ~ 0 ~ t)~ ~ ~ s ~ .' . 09/27/2005 08:55 5614579254 MAYU¡'¿~lIYMANAi.:i~¡'¿ : ~ !" j' .' 'r í, r ,!: -iM',f :!i:ii" ,\ .': ~' ~~ : " i'· , ~ I ili: : ,¡ , ~, ! -", ~ <'( ~;; \:, .;{~.. < ~::' :"!"<,I:;~:~, "\ ': ;\, ' U ,uut ;;Ja" 'OJ; ", " ':1' ¡ '~.."'. ." ..QÌF....... f#f.'. \WiW3ER :~'f"':~.Ix~'U.B. 1 ,..r-~-~ :MIJ54.1<t8O .. ~: . . ,", ' ~" .~ ..; ", " ", ':.: ,- "" .' : . , . . . ',' ':, . ,,' t,' . !. J3~ : :~im ' }g.r '~~I'I ::i:~i .~;\.: ¡j , ¡i.l.¡ .;~~h "" . !~I' . ,,'?t~ . '''11,1' ':if[.! -i"~'T' ~: '~1;' ~:~\: "*.',-[ 4~¡\' r~ì;" :;~::¡ "~ä{ , ,.:-!~tJ. 'ìi¡ ,;w ,.. !i:'; ¡"'Or :'(ill·! . ':~IJ " 'I. ~'r,(!,' :'~' ~:'&n (~\íl t 'I .:' ,:~1.''I· ¡Ü, ~.~i:l ..':; :'~~L¡ ¡'\:; "'5~ta "..,I ' ':"\'" ~;l:~;";' .. '"".,4 r;,·h ,.,111'.' "h: I~""I.¡ ~ ¡,~ J' ': ';;,;':¡ ~,~:\ ,'.:·;nJ ": '"(1,.. ,:,::~:n , ~';I,~:: , ~'~H ;:t .' ;" : ~(r ; ~~ ;.; '-'~' ; ~ r;. 0::11:1 ';.. /';:~'~~!~[~m: :'F' :,:~¡U \.'\ I' :I¡~¡,;; 1~1\~.;,JllWI:. ¡¡/II;, ~"Iw.~jl,: ,:ii .11 . ., ,.- ~I ~:: i.1ml' ¡, ,.~.. ~~UJl Jllû~" 't ¡j9/27f2Ø05__~~~_ "1614579254 MAVORClTVMANAGER "'/.If±. ~:¿ CIty Uf R1 nUCi 10,.;Ja ..., OFFICE OF TIE CI1Y tMHÄGeR em HALL. 11X1 NOR1'1't lJ.$- 1 P.O. BOX 1~ FORT PIERCE. F1..ORIDA )4.964-1480 TEL.(772) <100-2200 FAX(772) 46f-92Ø4 WWW.~\Mn:e·CDII1 septsntJef 23, 2005 Douglas M. MderIOn. County MrnlnistnU St LucIe County 2300 Virginia Þ.oæ FOIt Pierœ, FL 34982 RE:. 822 Seaway orNe .... ChuCk's SeafoOd. Inc. De2l' Mr. Ande~: EndoI8d you will find 8 cNonoIogy of I\e historY d violations that 1tIe City of Fort PierCe has wesponOed to owr tie pat year with regërd 10 822 SeawaY Dr\'Æ. ¥IIi'I\c:h Is owned by St Lucie County ,m 1easecI \0 a priVà cIIizen. As you can see by the NsÞy shown on 1M! attached three peges our s\aft has been busy dealing with \his problem propertY ftr øver one year. This doe$ not even go m the b that has been søent daily wiIt1 t.e lessee 18 he conØnues \0 Iry to obtain permits for øctMties hit St Lucie County ha6 not approved. As of today, \tie property is 811 In W:J6ation or City codeS and wíI not appearberore1he SpeCi8I Mastøruntlt next month. Clrrent!y, the fines e)(CQÐd $21,000. Although this is not a COUnty matter, the cuneot IøsSee IegaIy moved his NatiVe Country StudiOS, Inc. bu8iness from 822 SeIWlY Drlw to !he Egao-FlCkeIt bliking this week so that he could show the County that he is ÌI compIiæœ 8$ kJ code vIoIa&Jn$ at 822 Seaway Dri'Ie ønd thu8 be he8nI Þy1he County with regard to his site pI8I'I appication. We wi now JJOOI8d with code entorœment acIion regilding tuIt RIM. We 1Nst 1hat this Infon'natlon wll assist the Cœrty Cornmi98Ion In making decísIons with regard to this property as it relates to .. CUl11lOt lessee. Please feel free to contact this office if we can be of further ~ to you in this or oØ\er matlw1. SinœreIy ~tJ~ Dennis W. Beach City Milleget' DWBJjdr Q5..029 c: David L. Recor, Deputy City Manager John Alcorn. t)recIDr of Building & Communiy Response ~':!j:ll/:¿~~ tJt:I:!:>b !:>b.L'Ibl": Lb'l ....1~'Ur:;v.L1 TtTII""'II"f ÔO!'-.:,U:...1'. ,........- .....,., '-" ..." PIF 1 of~ Chronology of Violation history at Chuok'. Seafood, Inc. ç/o Lewta BIIrton (Sub......) 822 Seaway Dri".. Fort PiefCe, Florida 34t4I ( ~ _L:J=.l V:. ~ J ..-~-~ \ I Maater filled that . vtctatiOO dì:I ~ . t, but was QI,II'8d end ifit .. out of ~, he may be tined up 10 .00 per day .. 8 n.put. vIoI8IØf. 21-5eJH)6 104_1.1 ~ 162,09 ConstnJdion inlier CII'I1"60.1i8ee with no permit I I \ 17-Aug.Q5\ 104.1,'\ [ 1 LøUer tom BuIòin9 0IfiCìIII1IO lAWtS i-Aug-Oe Permt appIGIIion prac:ecIunIII BartI:I'I. 8dYI5In9 r 1hB prap8f procedure ÑI.,jJIo;&liOn ... ~ let' In obWinlng .. BuIIdiI'I pen'I'IIt tor ereiii' œnopy . Requîrtd . ... from .... -- \ canopies erected over 0UII8ide conc;:rele ~I master granted .. 3O-d8Y D8tiO with no Dem1It :;:::tinuenoe. 28-JuI-OS 104.'\.1 c.napies endtd wIthOUt pennit f:1M ouI8ide COIlCleII& pallo ..em by aty advI8Ina 1he code 104.1.1 ..-.:I fine (I $2SO.oo pel çOI"Itinuefl lID aocrua, 162.09 Con8Irudion........ (dOùÞIe .:_) sill remained on !he p.operty wIIhout a pennIt Leier from Buldlng 0IficiaI .-Jor1llng that"" fvr~ ~ [)ìwIing Roof EpIooIe" are .~pIete and camot be fuI'IheI' 8-JuI-D5 AppIIcatIan fvr "O\Itdc;xJr Cowred cnng RoOf EpicOt8" PI;InnIt .~tion . CPY5-9 ___t:J_::JI_.¿!1_:':\:I~':> \:I~: ':>1:> ~bl.Q.b/'='''::b''t [1'"1(0011'-'''......... I 11'1...........'..11_1.. ,-,. 'fttttIIJ PIF2of2 21-Jun-05 22-60 SpecieI MaStefs on*' assessing fine on &1reet parking & Ioedlng ImpOSIng lien Doing busNI& in the trWIer spec¡.l Master's order .....Ing b 9-27 (N8t!ve Country Studios. Ino-) ImpOSing lien withOUt. IiCIIMe frOm Clerk Fine amount was $3 500 MasåIr DetamWMId that 1I1e Rwocetion of permit for r;;enstruc;tian exiI1Ied. 'The Master found that 15-JUn-OS 1152.09 traüer WII8 not being UloId for the TI1IiIer (Double Wide) purpose ønd the pefri did not . aoubleWlCle ...... wø gMIn 1 days to mncwe the 01' . tine Of $250.00 per day. FailUre to 0ÞtaIn 8 pennIt for aII8ring It was liiio found !hilt no permit 'MI$ toøoørllPl'tY end the ~ cI and reel to &Iter u. tgpugtaphy of the br¡ add~ _net. 10·'-1.1 C4m0pie8 ~ with no penna No bUIldInG permit \!ad been applied the.....dIon of the \i4lll1OØÏC5 onier det8mlir1Ïn9 repeat violatIonS· GI¥8n 15 <lays 10 aÞtIÎf1 the perml fa' or t808Ive a fine of '150.00 per r1 , -'1 22-60 \ Oft-StrBIIt pm1dng end Ioeding and _i cItMmIinIng Iøpeå vioI8tionI 1 cIoing bu8inees in lie .... withOUI: . occuPØtional ~ 18-Àpr..05 No occupdOnllllcen8e for. busineM In the IrIIIIer IeUer 5117105 1 B-Mao¡ 22-16 Off snet ~rkrG of 18-Whee1er 9-21 DoIng busineSS in trùIr wIthoUt. occupIItiOnaI.... Er8d8d Work commen'*' ÞebtI permit IIsI8Ø Regarding changing tDpoOlIIPhY 8nd bñlglng in SMd Stop worX order iI$Ied ~ 17-MaY-OS 1_103.3 FPCS- 1.104.6.2 StudIos. Inc. 13-Apr'()5 22-65 5- 1.1034 TemporalY use of oft'Ice 1rIIIer eII8r moki'Ig pennit for tem¡:IOnIry trailer. Pem1It does not pII)VGe for . for a I1oU*Wide structure, ~~t~{/~~~~ ~~:~b ~~iqb/~Lb~ YI \oI TU~l...oJ. I y....i~ "Il-tl.:U::..1'. ,................ ......... .........~- --...--------......-........-. . ~ 22-16 1e"l--07 9--27 Off street parIdng d 18-whM18r DoIng buÅ1888 in trIIIef wfthCIut . 0CCIJ )IIti0rIa license 22-80 16- 48(1)(5) 104.1.1 Commerci81 venäe pam.d Ol.ltaide slOnIge of deÞri$ and rnateñals .,.et8d ~. LeUiaf eent tø ChUdC'. ~r..od 1 1-Jøn-05 16-48 (10) d 1004.1_1 9-27 16-48 (1) (5) 22-ðO 8-Deo-04 104.1_1 Pe!mil: ~ for ,....þ¡IItioI, d WIIIIer front. Þeeoh, pier n Þo8I'dW* 'WIll PIp 3 of 3 MIlt tg LewIs BañDn from CIty 'reg him that 8dd1llOnll1r\fom'llltiOl1 ÞefDre a permit QOI.IId be iItUed. D o The banner .gn& were remò'I8d. Au1hu. i2ation to ~ \he signs ~~lI!InecI Ban,. 84gns erec:tId wII.out a permit 23-Jun-04 15-6 \ I J I 8õm.-.rs ~,18t"'ød wittøJt ø pennIt Mr. Barton muaed to 8CCIPt ø tetW ~._ ~rdlf1g the two t.nner- sQn& F-Mt-04j 15-5 C\ \.t .J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney I)1c:) C.A. NO: 05-1612 DATE: September 26,2005 SUBJECT: Chuck's Seafood, Inc. - Status of City of Fort Pierce Code Violations On September 21, 2005, the City of Fort Pierce Special Magistrate considered the outstanding Code violations against Chuck's Seafood, Inc. With regard to the tent canopies behind the restaurant, she found that the removal of the canopies abated the violation, but she ruled that Chuck's was a repeat violator and any subsequent violations would be subject to a five hundred and 00/100 dollars ($500.00) per day fine. In response to a request from Lewis Barton, the Special Magistrate continued the appeal hearing on the fine for the non-permitted double wide trailer until the October 19, 2005 meeting. Mr. Barton presented a letter from a contractor indicating the trailer would be moved by September 24,2005. In agreeing to continue the appeal hearing, the Special Magistrate advised Mr. Barton that the fine would continue to run until the violation was abated. On September 26, 2005, Bob Dusanek, City of Fort Pierce Code Compliance Manager, informed me that the trailer had been moved over the weekend and the violation was considered abated. According to Mr. Dusanek, the fine will be calculated through September 25, 2005. During the September 21, 2005 hearing, the City staff testified that the fines on the property were approximately twenty thousand and 00/100 dollars ($20,000.00), plus administrative costs. Mr. Dusanek also informed me today that the City would be sending Chuck's a Notice of Violation for the restaurant's sign which was damaged in the hurricanes and has not been repaired to date. Copies to: County Administrator Assistant County Administrator Wazny Deputy Clerk Press/Public