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Home My WebLink AboutAgenda Packet 11-22-05 \.r' "tttII NOVEMBER 22, 2005 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. 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 asks anyone wishing to speak to come forward, one at a time, Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON.AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda, PUBLIC COMMENT - Time is allotted at the beginning of each meeting 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 workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TOD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. \..,f .....J BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us Doug Coward, Chairman Chris Craft, Vice Chairman Joseph E. Smith Paula A. Lewis Frannie Hutchinson District No.2 District No.5 District No.1 District No.3 District No.4 November 22, 2005 9:00 A.M. Invocation Pledge of Allegiance 1. MINUTES · Approve the minutes of the meeting held on November 1, 2005. · Approve the minutes of the meeting held on November 8, 2005. · Approve the minutes of the meeting held on November 15, 2005. 2. PROCLAMA TIONS/PRESENT A TIONS A. Presentation By Michael Howard, UDT Seal Museum Director B. Presentation of Employee of the Quarter by Douglas M. Anderson, County Administrator C. Reading of the announcements by the County Administrator. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS 5A. GROWTH MANAGEMENT The continuation of the November 8, 2005 public hearing for the request of Treva Gilkey, for a waiver of the fair share of paving costs for the paving of a road accessing a proposed 3-lot subdivision located at 4311 Favorite Road on the south side of Favorite Road, approximately 650 feet west of Selvitz Road - Consider staff recommendation to deny the request for a waiver from the requirements of Section 7.05.07. END OF PUBLIC HEARINGS '- "tttII REGULAR AGENDA PAGE TWO NOVEMBER 22, 2005 6. COUNTY ATTORNEY Resolution No. 05-421 - Urging the Florida Legislative Delegation to require grocery store chains located within St. Lucie County, Florida; to purchase and keep on hand in a protected pre-staged area within each grocery store; adequately sized generators to be used for immediate use in the event of a power failure due to a hurricane or other emergency - Consider staff recommendation to adopt the Resolution No. 05-421 as drafted. 7. COUNTY ATTORNEY Resolution No. 05-435 - Authorizing the creation of the Smart Growth Advisory Ad Hoc Committee and providing for duties and functions of the committee - Consider staff recommendation to adopt Resolution No, 05-435 as drafted. 8. ENVIRONMENTAL RESOURCES Request Board approval of the Draft Native Tree Mitigation Bank Agreement with Flagler Development Corporation _ Consider staff recommendation to approve the Draft Native Tree Mitigation Bank Agreement with Flagler Development Corporation and authorize the Chair to sign the agreement. 9. COUNTY ATTORNEY Resolution No. 05-436 - Authorizing the creation of the Transfer of Development Rights (TDR) Advisory Ad Hoc Committee and providing for duties and functions of the committee - Consider staff to adopt Resolution No. 05-436 as drafted. ~ .....J CONSENT AGENDA 1. WARRANTS LIST Approval of Warrant List No. 6 and 7. 2. COUNTY ATTORNEY A. Resolution No. 05-432 Extending the State of Emergency for Hurricane Frances; and, Resolution No, 05- 433 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-432 and Resolution 05-433 and authorize the Chairman to sign the Resolutions. B. Resolution No. 05-434 Extending the State of Emergency for Hurricane Wilma - Consider staff recommendation to approve Resolution No. 05-434 and authorize the Chairman to sign the Resolution. C. Resolution No. 05-420 -Establishing a No Parking Zone on the County Property located on the South East Comer of 25th Street and Rhode Island Avenue - Consider staff recommendation to adopt Resolution No, 05-420 as drafted. D. Brown Ranch Mine - First Amendment to May 11, 1999 Escrow Agreement - Consider staff recommendation to approve the proposed first amendment and authorize the Chairman to sign the amendment. E. Implementation of the St. Lucie County Criminal Justice Data Exchange Project - Consider staff recommendation to accept the recommendation of the Criminal Justice Information System (CJIS) Committee and the Public Safety Coordinating Council, and authorize: (1) the purchase of data communications lines and data communication boxes for $49,800.00 and (2) the one time purchase of Data Sharing Software for the jail management system, with the vendor price not being over $8,000.00 (3) the re-occurring yearly fees $4,032.00, (4) the re-occurring monthly data communication line fees of $2,460.00 per month. Staff also recommends that the Board approve the data exchange Interlocal Agreement with the State Attorney, Sheriff and the Clerk. F. Ordinance No. 05-039 - to include Single Family Detached Dwellings in Planned Unit Developments as Replacement for Mobile Homes - Consider staff recommendation to grant permission to advertise Ordinance No. 05-039. G. Permission to Advertise - Ordinance No. 06-001 Bicycle Helmets - Consider staff recommendation to grant permission to advertise proposed Ordinance No. 06-001 for public hearing on January 3, 2006 at 6:00 p.m. or as soon thereafter as may be heard. H. Bear Point Mitigation Bank - First Amendment to September 19, 2000 Bear Point Mitigation Bank Agreement with the Daggett and Koblegard Families - Consider staff recommendation to approve the proposed First Amendment to the September 19, 2000 Bear Point Mitigation Agreement, and authorize the Chairman to sign the First Amendment. I. Capron Trails Mine - Surety Bond - Consider staff recommendation to accept the new $110,125.00 Surety Bond from Dickerson Florida, Inc, '-' '.J CONSENT AGENDA PAGE TWO NOVEMBER 22, 2005 COUNTY ATTORNEY CONTINUED J. Fire/EMS Impact Fees - Permission to advertise public hearings on proposed Ordinance No. 05-042 amending Fire/EMS Impact Fees - Consider staff recommendation to approve to advertise proposed Ordinance No. 05-042 for public hearings before the Local Planning Agency/St. Lucie County Planning and Zoning Commission on December 8, 2005, and the Board of County Commissioners on December 13, 2005 and December 20,2005, 3. PUBLIC WORKS A. Engineering Division - First Amendment to Consultant Agreement with John Frank, P.E., to provide Professional Engineering Services on a contract basis - Consider staff recommendation to approve the First Amendment to the consultant agreement with John Frank, P. E., to provide civil engineering and project management services for an additional six-month period (for a total amount not to exceed $98,800.00), and authorize the Chairman to sign. B. Engineering Division - One Year Extension to the Consultant Agreement for Professional Engineering Services for Bridge Evaluation and Design through December 2, 2006 - Consider staff recommendation to approve the one-year extension to the Consultant Agreements for Bridge Evaluation and Design with Jenkins & Charland, Inc. and Kimley-Horn and Associates, Inc., and authorize the Chairman to sign. C. Engineering Division - RFP No. 05-093 - Professional Engineering Services for the four-Ianing of Midway Road from East of the Turnpike Bridge to South 25th Street - Consider staff recommendation to approve authorization to negotiate a contract with the top ranked firm, HW. Lochner, Inc., authorize staff to work with the second firm if unable to successfully negotiate a contract with the first selection, and authorize the Chairman to sign the contract as prepared by the County Attorney. D. Change Order No.3 - Lake Michigan Contractors, Inc. - Taylor Creek Phase I Dredging Project - Consider staff recommendation to approve Change Order No.3 for Lake Michigan Contractors, Inc, in the amount of $345,000.06 and authorize the Chairman to sign. E. Engineering Division - First Amendment to Work Authorization No. 20 with Dunkelberger Engineering & Testing - Indian River Drive Phase II Project in the amount of $89,902.00 bringing the total contract to $180,000.00 and to extend the length of the work authorization to March 31, 2006 - Consider staff recommendation to approve the First Amendment to Work Authorization No. 20 with Dunkelberger Engineering & Testing for the Indian River Drive Phase II Project in the amount of $89,902.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. F. Engineering Division - Bear Point Mitigation Bank - Payment in the amount of $175,200.00 - Consider staff recommendation to approve payment of $175,200.00 to the Bear Point Mitigation Bank for the cost of the wetland impact mitigation of the Indian River Lagoon Trace shared-use pathway. G. Road & Bridge Division - Approval of Waiver of Portions of a Traffic Impact Study for the U.S. 1 & Prima Vista Mobil Station - Consider staff recommendation in accordance with Section 11.02.09A.a.3 of the St. Lucie Land Development Code (LDC) that the County Commission grant the request for the waiver of portions of the required Traffic Impact Study. \.t """ CONSENT AGENDA PAGE THREE NOVEMBER 22, 2005 4. PARKS AND RECREATION A. Authorization to donate fund to charity - Consider staff recommendation to approve the donation of $85.00, raised during the Mentor Program Halloween party of October 29,2005. B. Amendment of Tennis Professional Contract C05-09-468 - Consider staff recommendation to approve amending the contract with the County's Tennis Professional, modifying the compensation clause to allow for a comparable rate of pay with prior years. C. Modification of Equipment Request EQ06-123 and cancellation of EQ06-125 - Consider staff recommendation to approve to revise EQ06-123 and increase EQ06-125, and allocate the funds toward the purchase of two computers and the license agreements. 5. AIRPORT A. Gopher Tortoise Relocation Permitting - Consider staff recommendation to approve the Kimley-Horn Work Authorization No. 21 in the amount of $34,500.00 for Gopher Tortoise Relocation Permitting at the St. Lucie County International Airport and authorize the Chair to execute the Work Authorization. B, PBS&J Resident Project Representative (RPR) Services for Runway 9/27 Airfield Lighting Upgrade - Consider staff recommendation to approve PBS&J's RPR services in the amount of $10,800.00 authorizing the Chair to execute PBS&J's Work Authorization No. 12 for the rehabilitation of airfield lighting on Runway 9/27 at the St. Lucie International Airport. 6. PURCHASING A. Second Extension to Contract No. C02-12-122 with eCivis (Grant Locator) - Consider staff recommendation to approve the second extension to Contract C02-12-122 for the amount of $16,500.00 with eCivis, and authorize the Chairman to sign the extension as prepared by the County Attorney. B. Award Bid No. 05-115 - Waste Tire Processing - Consider staff recommendation to award Bid No. 05-115 (Waste Tire Processing) to the sole bidder, Florida Tire Recycling, for the price plan listed on the attached tabulation sheet, and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Permission to Advertise a Request for Qualifications (RFQ) for Underwriter Services - Consider staff recommendation to grant permission to advertise an RFQ for Underwriting Services. D. Approval of Hurricane Related Purchases - Consider staff recommendation to approve the list of hurricane related purchases. E. Award Bid No. 06-003 - Roofing for Roger Poitras Building - Consider staff recommendation to award Bid No. 06-003, Roofing for Roger Poitras Building, to Dependable Roofing Systems, Inc. for the amount of $157,700.00, and authorize the Chairman to sign the contract as drafted by the County Attorney. \.r' ..., CONSENT AGENDA PAGE FOUR NOVEMBER 22, 2005 PURCHASING CONTINUED F, Change Order NO.2 for Contract C05-10-535 with Deubel Company - Consider staff recommendation to approve Change Order No.2 for Contract C05-10-535 with Deubel Company, and authorize the Chairman to sign the change order as prepared by the County Attorney. G. Approval to amend the Contract award amount of $450,000, awarded to DPC General Contractors, Inc., to include the Public Construction Bond amount of $7,750.00 necessary for the Demolition of Interior and Abatement of Hazardous Materials in the Old Court House - Consider staff recommendation to approve amending the contract award amount of $450,000, awarded to DPC General Contractors, Inc., to include the Public Construction Bond amount of $7,750.00 necessary for the Demolition of Interior and Abatement of Hazardous Materials in the Old Court House. Upon approval the total contract amount would be $457,750. H. Award of RFP #05-108 - Bicycle/Pedestrian Greenways & Trails Master Plan - The committee request permission to negotiate with the top rank firm Glatting Jackson Kercher Anglin Lopez Rinehart, if not successful permission to negotiate with second rank firm Kimley-Horn & Associates, Inc. and bring back to the Board for contract approval. I. Bid Waiver and sole source declaration for the implementation of improvements and adjustments to the AlC system at the Rock Road Jail. This is for the Central Services Department - Consider staff recommendation to of the bid waiver and sole source declaration for the services of Siemens Building Technologies, Inc. for the amount not to exceed $36,000.00. 7. SOLID WASTE A. Budget Resolution 05-416 to establish the budget for the 2005-2006 Innovative Waste Reduction and Recycling Grant - Consider staff recommendation to adopt Budget Resolution 05-416 to establish the budget for the 2005-2006 Innovative Waste Reduction and Recycling Grant. B. Proposal from CDM for engineering services to assist St. Lucie County with the installation of the first layer of horizontal landfill gas collectors in Cell 3A for a lump sum of $93,000 - Consider staff recommendation to approve the proposal from CDM for engineering services to assist St. Lucie County with the installation of the first layer of horizontal landfill gas collectors in Cell3A for a lump sum of $93,000. 8. PUBLIC SAFETY To elicit the support of Senator Pruitt in the passage of a bill to amend Florida Statute 252.373 as it reads on the Emergency Management and Preparedness Trust Fund (EMPATF) - Consider staff recommendation to approve to elicit the support of Senator Pruitt in the passage of the bill to amend FL Statute 252.373. "-' ....., CONSENT AGENDA PAGE FIVE NOVEMBER 22, 2005 9. COMMUNITY SERVICES A. Request for Board approval and authorize the Chair to sign the grant extension to December 31, 2006 for the Florida Department of Transportation Urban Transit Joint Participation Agreement (JPA) - Consider staff recommendation to Authorize the Chair to sign the grant extension with the Florida Department of Transportation Urban Transit Joint Participation Agreement (JPA). B. Request for Board approval of Budget Resolution No. 05-431 and authorize the Chair to sign the amendment to the Medicaid Non-Emergency Program Agreement - Consider staff recommendation to Approve Budget Resolution No. 05-431 and authorize the Chair to sign the amendment to the Medicaid Non-Emergency Program Agreement. C. Waiver of Fees at the Savannas Campgrounds - Consider staff recommendation to approve to waive the user fees for six slots at the Savannas campgrounds during the period of November 26, 2005 through December 18, 2005. The St. Lucie County Long Term Recovery Team Committee while assisting county residents with hurricane Frances and Jeanne repairs will use the slots. 10. GROWTH MANAGEMENT Request approval to issue a base amount of $100.00 for a cash drawer to initiate cash receipts system in the Growth Management Department - Consider staff recommendation to authorize the issuance of $100.00 base amount for cash drawer. 11. ENVIRONMENTAL RESOURCES First Amendment to Contract C05-09-513 with RTP Environmental Associates Inc. - Consider staff recommendation to approve the First Amendment to Contract C05-09-513 with RTP Environmental Associates, Inc. and authorize the Chair to sign the amendment as prepared by the County Attorney. 12. MANAGEMENT AND BUDGET A. Adopt Budget Resolution No. 05-427 amending Budget Resolution No. 05-396, due to a scrivener error - Consider staff recommendation to adopt Budget Resolution No. 05-427, amending Budget Resolution No. 05-396. B. Approval of Budget Amendment No. BA05-196 to cover fiscal year 2005 insufficient accounts - Consider staff recommendation to approve Budget Amendment No BA05-196 to cover fiscal year 2005 insufficient accounts. \.r' """" CONSENT AGENDA PAGE SIX NOVEMBER 22, 2005 MANAGEMENT AND BUDGET CONTINUED C. Approval of Budget Resolution No. 05-428 recognizing revenue from the Federal Emergency Management Agency and the State for hurricane related expenses - Consider staff recommendation to approve Resolution No. 05-428 recognizing revenue from FEMA and the State for hurricane related expenses. D. Approval of Budget Amendment No. BA06-108 transferring funding to cover General Fund purchase orders that were rolled over from fiscal year 2005 - Consider staff recommendation to approve Budget Amendment No. BA06-108. 13. CENTRAL SERVICES A. Approve the purchase and installation of two (2) metal buildings from Thurman's of Fort Pierce at $11,330.00 ($5,665.00 each) for the Platt's Creek location - Equipment Request No. EQ06-216 - Consider staff recommendation to approve the purchase of two (2) metal buildings from Thurman's, at a total cost of $11,330.00, for the Platt's Creek location and approve Equipment Request No. EQ06-216. B, Approve Change Order NO.2 to Contract No. C04-08-450 - R.K. Contractors, Inc. - Pepper Park Grinder Pump Station Conversion - Consider staff recommendation to approve Change Order No.2 to Contract No. C04-08-450, R.K. Contractors, Inc, to increase contract time ninety-five days with a completion date of February 1, 2006, and authorize the Chair to sign the change order as prepared by the County Attorney. C. 1) Approval of an Agreement to use the architectural/ engineering services of GLE Associates, under continuing Contract No. C05-05-282/architectural services, for the construction of a new 15,000 square foot library, located at Windmill Point Elementary Campus, Port St. Lucie, for a total lump sum fee of $187,350.00. 2) Approval to go out for RFQ for the services of a construction manager at risk to oversee the library project. Consider staff recommendation to 1) approve GLE Associates, under Continuing Contract No. C05-05-282/Architectural Services, to provide professional architectural/engineering services associated with the construction of a new 15,000 square foot library for a total lump sum fee of $187,350.00, authorizing the Chair to sign the Work Authorization as prepared by the County Attorney. 2) In addition, staff is seeking the Board's approval to go out for RFQ for the services of a Construction Manager At Risk to oversee this project. \..,f ""-Î ANNOUNCEMENTS November 22, 2005 1. MeetinQ ChanQes: . November 29,2005 Board of County Commissioners will meet at 6:00 p.m. . The December 27,2005 Board of County Commissioners meeting is canceled. 2. The Board of County Commissioners will hold a Strategic Planning Session on January 30th and 31st at The Panther Woods County Club, 9425 Meadowood Drive, Fort Pierce, Florida. 3, 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. 4. Commissioner Hutchinson is currently seeking applications from persons desiring to be appointed to the Contractor's Licensing Board and the Citizen's Budget Advisory Committee. Anyone interested in applying can obtain an application from the County Administration Office. '-'" -.J St. Lucie County Mosquito Control District www.co.st·lucie.fl.us Joseph E. Smith, Chairman Paula A. Lewis, Vice Chairman Doug Coward Frannie Hutchinson Chris Craft District No.1 District No.3 District No.2 District No.4 District No.5 AGENDA November 22, 2005 1. MINUTES Approve the minutes from the meeting held on November 1, 2005. Approve the minutes from the meeting held on November 15, 2005 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LIST Approve warrants List No.5, and 6. 2. COUNTY ATTORNEY A. Impoundment Restoration - Eighth Amendment to May 25, 2004 Agreement with Native Technologies, Inc. (C04-05- 395) - Consider staff recommendation to approve the proposed Eighth Amendment to the May 25, 2004 Agreement with Native Technologies, Inc., and authorize the Chairman to sign the Eighth Amendment. B. Bear Point Mitigation Bank - First Amendment to September 19, 2000 Bear Point Mitigation Bank Agreement with the Daggett and Koblegard Families - Consider staff recommendation to approve the proposed First Amendment to the September 19,2000 Bear Point Mitigation Agreement, and authorize the Chairman to sign the First Amendment. 3. MOSQUITO CONTROL A. Authorize execution of Resolution 05-003, in the amount of $25,000, from the Florida Inland Navigation District Waterways Assistance Program (FIND) - Consider staff recommendation to authorize the Chairperson to execute Resolution 05-003, in order to budget grant funds from the Florida Inland Navigation District Waterways Assistance Program, in the amount of $25,000.00, B. Authorize execution of Resolution 05-004, in the amount of $20,000, from the Florida Coastal Management Program (FCMP), and Resolution 05-005, in the amount of $20,000, from the Florida Inland Navigation District Waterways Assistance Program (FIND) - Consider staff recommendation to authorize the Chairperson to execute Resolutions 05-004 and 05-005, to budget grant funds from the Florida Coastal Management Program and the Florida Inland Navigation District, in the amount of $20,000.00 each. ~ 'wi CONSENT AGENDA PAGE TWO NOVEMBER 22, 2005 MOSQUITO CONTROL CONTINUED C. Revised cost for Equipment Request No. EQ06-072 and EQ06-073 6,000 GPM Electric Pumps - Consider staff recommendation to approve an increase in the budgeted amount for Equipment Request No,'s EQ06-072 and EQ06- 073 (in the amount of $1,910.00 for each pump), bringing the total cost of each pump purchased to $19,900.00, to account for the increase in pump costs resulting from Bid 05-014. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462·1428 at least forty-eight (48) hours prior to the meeting. ~ "WI St. Lucie County Erosion District WWW.co.st·lucie.fl.us Frannie Hutchinson, Chairman Doug Coward, Vice Chairman Joseph Smith Paula A. Lewis Chris Craft District No.4 District No.2 District No.1 District No.3 District No.5 AGENDA November 22, 2005 1. MINUTES Approve the minutes from the meeting held on November 1, 2005. Approve the minutes from the meeting held on November 15, 2005 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LIST Approve warrants List No.5, and 6, 2. PUBLIC WORKS - EROSION 3710 A. Professional Marine and Engineering Consulting Services for Artificial Reefs: Approval of contracts with the three top ranked firms - Consider staff recommendation to approve the attached contracts with Taylor Engineering, Inc., Lee E. Harris, P.E., Ph D., and Marine Resources, Inc. and execution of said contracts by the Chairperson. B. Limited Re-Evaluation Report (LRR): Enter into Work Authorization No, 4 (C04-11-622) with Taylor Engineering, Inc. for additional services related to the Fort Pierce Shore Protection project - Consider staff recommendation to approve Work Authorization No.4 (C04-11-622) with Taylor Engineering, Inc. ($57,943) retroactive to October 1, 2005, and execution of said agreement by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-€xamine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' """ Attorney and/or Manager for review and recommendation, or may take other action it deems appropriate. (b) If administrative, and the complaint is regarding the performance of administrative staff, administrative interpretation of legislative policy, or administrative policy within the authority of the County Manager, the Chair should then refer the complaint directly to the County Manager for her/his review, if said complaint has not been so reviewed. The Commission may direct that the County Manager report to the Commission when her/his review is completed. (c) The Chair may also assign to a Commissioner issues that require additional examination. If so assigned, the Commissioner shall provide a report to the Commission when the examination is complete. 4: Commission Meetinl!s - Rel!Ular. Unless otherwise advertised, all regular meetings of the :¥3.-A-lachlla County Commission are conducted at 9:00 A.M. on the second and fourth Tuesdays of the month in the Jack Durrance Auditorium - Room 209, County Administration Building, 12 Southeast First Street, Gainesville, Florida. (a) From time-to-time, regular meetings may be adjusted by the Commission to accommodate a hoJiday schedule or other special circumstances. Prior notice of such change shall be provided to the public, the Clerk and the media. While a minimum notice of 24 hours is required, the Commission will provide as much advance notice of a regular meeting as is feasible. 5: Commission Meetinl!s . Special. Any two (2) Commissioners, or the County Manager may call a special meeting. (a) The call for a special meeting shall be in writing and shall contain time, place and business to be conducted. The notice of a special meeting shall be located at a designated area on the second floor. The time and place of the special meeting will be added to the meetings list. Special meetings may be held upon no less than twenty-four (24) hours public notice. (b) Each Commissioner, the Clerk of the Court, the Sheriff, the County Manager and the County Attorney shall be given 24 hours prior notice of the special meeting. Such notice shall be provided by any reasonable means, including telephone, email or facsimile transmission to the person's residence, place of employment, or other location, whichever site is most likely to ensure the person's receipt of the notice. (c) Twenty-four hours prior notice of the special meeting shall be provided to the business office of each local media organization that has on file a written request for notice of special meetings. Such notice shall be provided by any reasonable means, including telephone, email or facsimile transmission. 3 \w- ....", NOVEMBER 22, 2005 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. 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 asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting 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 workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TOD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' -.,J BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us Doug Coward, Chairman Chris Craft, Vice Chairman Joseph E. Smith Paula A. Lewis Frannie Hutchinson District No.2 District No.5 District No.1 District No.3 District No.4 November 22, 2005 9:00 A.M. Invocation Pledge of Allegiance 1. MINUTES \ ,I eL ^ iL" r~V\ ~/ () · Approve the minutes of the meeting held on November 1, 2005. · Approve the minutes of the meeting held on November 8, 2005. · Approve the minutes of the meeting held on November 15, 2005. 2. PROCLAMA TIONS/PRESENT A TIONS A. Presentation By Michael Howard, UDT Seal Museum Director B. Presentation of Employee of the Quarter by Douglas M. Anderson, County Administrator C. Reading of the announcements by the County Administrator. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA 4 5Ä \00- "'\¿ . (0" "1\'¡\/ 0 ..' \V",I f) PUBLIC HEARINGS GROWTH MANAGEMENT ~~O\IC't\ 4t C'Nlc\r¿,,-+clV\ COn h~),,,,>') A.. The continuation of the November 8, 2005 public hearing for the request of Treva Gilkey, for a waiver of the fair share of paving costs for the paving of a road accessing a proposed 3-lot subdivision located at 4311 Favorite Road on the south side of Favorite Road, approximately 650 feet west of Selvitz Road - Consider staff recommendation to deny the request for a waiver from the requirements of Section 7.05.07. END OF PUBLIC HEARINGS '-' -....1 REGULAR AGENDA PAGE TWO NOVEMBER 22, 2005 7'fQ~ COUNTY ATTORNEY ~(1\ Ì\~ '\ h ~ X \J \ / \) ~'ÎL\ ENVIRONMENTAL RESOURCES ''l\.~ '~ h0~,~/rl / () Request Board approval of the Draft Native Tree Mitigation Bank Agreement with Flagler Development Corporation - 'j 1r~ - Consider staff recommendation to approve the Draft Native Tree Mitigation Bank Agreement with Flagler ) Development Corporation and authorize the Chair to sign the agreement. 9.'(2(\ COUNTY ATTORNEY ~\Ìì"~rJ~ . Ò Resolution No. 05-436 - Authorizing the creation of the Transfer of Development Rights (TOR) Advisory Ad Hoc '\ \\ / Committee and providing for duties and functions of the committee - Consider staff to adopt Resolution No. 05-436 as drafted. 6. rcl " \a}J Æ'~ y , \?~ t,~GC ull é~t.JC dY:.ll~\S 'f-CU<'jéJJ;( ¿IS COUNTY ATTORNEY l ,>Ú \: 1\ '-, h l 5kJ c (t F (erJ,((C(. _ Resolution No. 05-421 - Urging the Florida Legislative Delegation to require grocery store chains located within~ Lucie County, Florida; to purchase and keep on hand in a protected pre-staged area within each grocery store; adequately sized generators to be used for immediate use in the event of a power failure due to a hurricane or other emergency - Consider staff recommendation to adopt the Resolution No. 05-421 as drafted. Resolution No. 05-435 - Authorizing the creation of the Smart Growth Advisory Ad Hoc Committee and providing for duties and functions of the committee - Consider staff recommendation to adopt Resolution No. 05-435 as drafted. 11 \ ? H 0 (.0 GÌ\.Cj" \~\\ el"\ c\ ~-1 \-~ 1\, e eJ-? ~\Jhe\r c\üJkt'1 [ìlc¿.¿+-? \w.r. ,..." CONSENT AGENDA 1. WARRANTS LIST Approval of Warrant List No. 6 and 7. 2. COUNTY ATTORNEY A. Resolution No. 05-432 Extending the State of Emergency for Hurricane Frances; and, Resolution No, 05- 433 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-432 and Resolution 05-433 and authorize the Chairman to sign the Resolutions. B. Resolution No. 05-434 Extending the State of Emergency for Hurricane Wilma - Consider staff recommendation to approve Resolution No. 05-434 and authorize the Chairman to sign the Resolution, C. Resolution No. 05-420 - Establishing a No Parking Zone on the County Property located on the South East Corner of 25th Street and Rhode Island Avenue - Consider staff recommendation to adopt Resolution No. 05-420 as drafted. D. Brown Ranch Mine - First Amendment to May 11, 1999 Escrow Agreement - Consider staff recommendation to approve the proposed first amendment and authorize the Chainman to sign the amendment. E. Implementation of the St. Lucie County Criminal Justice Data Exchange Project - Consider staff recommendation to accept the recommendation of the Criminal Justice Information System (CJIS) Committee and the Public Safety Coordinating Council, and authorize: (1) the purchase of data communications lines and data communication boxes for $49,800.00 and (2) the one time purchase of Data Sharing Software for the jail management system, with the vendor price not being over $8,000.00 (3) the re-occurring yearly fees $4,032.00, (4) the re-occurring monthly data communication line fees of $2,460,00 per month. Staff also recommends that the Board approve the data exchange Interlocal Agreement with the State Attorney, Sheriff and the Clerk. F. Ordinance No, 05-039 - to include Single Family Detached Dwellings in Planned Unit Developments as Replacement for Mobile Homes - Consider staff recommendation to grant permission to advertise Ordinance No. 05-039. G. Permission to Advertise - Ordinance No. 06-001 Bicycle Helmets - Consider staff recommendation to grant permission to advertise proposed Ordinance No. 06-001 for public hearing on January 3, 2006 at 6:00 p.m. or as soon thereafter as may be heard, H. Bear Point Mitigation Bank - First Amendment to September 19, 2000 Bear Point Mitigation Bank Agreement with the Daggett and Koblegard Families - Consider staff recommendation to approve the proposed First Amendment to the September 19,2000 Bear Point Mitigation Agreement, and authorize the Chairman to sign the First Amendment. I. Capron Trails Mine - Surety Bond - Consider staff recommendation to accept the new $110,125.00 Surety Bond from Dickerson Florida, Inc. \.... .....", CONSENT AGENDA PAGE TWO NOVEMBER 22, 2005 COUNTY ATTORNEY CONTINUED J. Fire/EMS Impact Fees - Permission to advertise public hearings on proposed Ordinance No, 05-042 amending Fire/EMS Impact Fees - Consider staff recommendation to approve to advertise proposed Ordinance No. 05-042 for public hearings before the Local Planning Agency/St. Lucie County Planning and Zoning Commission on December 8, 2005, and the Board of County Commissioners on December 13, 2005 and December 20,2005, 3. PUBLIC WORKS A. Engineering Division - First Amendment to Consultant Agreement with John Frank, P.E., to provide Professional Engineering Services on a contract basis - Consider staff recommendation to approve the First Amendment to the consultant agreement with John Frank, P. E., to provide civil engineering and project management services for an additional six-month period (for a total amount not to exceed $98,800.00), and authorize the Chairman to sign. B. Engineering Division - One Year Extension to the Consultant Agreement for Professional Engineering Services for Bridge Evaluation and Design through December 2, 2006 - Consider staff recommendation to approve the one-year extension to the Consultant Agreements for Bridge Evaluation and Design with Jenkins & Charland, Inc. and Kimley-Horn and Associates, Inc., and authorize the Chairman to sign. C. Engineering Division - RFP No. 05-093 - Professional Engineering Services for the four-Ianing of Midway Road from East of the Turnpike Bridge to South 25111 Street - Consider staff recommendation to approve authorization to negotiate a contract with the top ranked firm, HW. Lochner, Inc., authorize staff to work with the second firm if unable to successfully negotiate a contract with the first selection, and authorize the Chairman to sign the contract as prepared by the County Attorney. D. Change Order NO.3 - Lake Michigan Contractors, Inc. - Taylor Creek Phase I Dredging Project - Consider staff recommendation to approve Change Order NO.3 for Lake Michigan Contractors, Inc. in the amount of $345,000.06 and authorize the Chairman to sign. E. Engineering Division - First Amendment to Work Authorization No. 20 with Dunkelberger Engineering & Testing - Indian River Drive Phase II Project in the amount of $89,902.00 bringing the total contract to $180,000.00 and to extend the length of the work authorization to March 31, 2006 - Consider staff recommendation to approve the First Amendment to Work Authorization No. 20 with Dunkelberger Engineering & Testing for the Indian River Drive Phase /I Project in the amount of $89,902.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. F. Engineering Division - Bear Point Mitigation Bank - Payment in the amount of $175,200.00 - Consider staff recommendation to approve payment of $175,200.00 to the Sear Point Mitigation Bank for the cost of the wetland impact mitigation of the Indian River Lagoon Trace shared-use pathway. G. Road & Bridge Division - Approval of Waiver of Portions of a Traffic Impact Study for the U.S. 1 & Prima Vista Mobil Station - Consider staff recommendation in accordance with Section 11.02.09.4.a.3 of the St. Lucie Land Development Code (LDC) that the County Commission grant the request for the waiver of portions of the required Traffic Impact Study. \.r' ,"""" CONSENT AGENDA PAGE THREE NOVEMBER 22, 2005 4. PARKS AND RECREATION A. Authorization to donate fund to charity - Consider staff recommendation to approve the donation of $85.00, raised during the Mentor Program Halloween party of October 29, 2005. B. Amendment of Tennis Professional Contract C05-09-468 - Consider staff recommendation to approve amending the contract with the County's Tennis Professional, modifying the compensation clause to allow for a comparable rate of pay with prior years. C. Modification of Equipment Request EQ06-123 and cancellation of EQ06-125 - Consider staff recommendation to approve to revise EQ06-123 and increase EQ06-125, and allocate the funds toward the purchase of two computers and the license agreements. 5. AIRPORT B. Alh~I:ckLl ~¿ Sc('\((eb),c,1 i (;rì~JGIHG rj;J\;O,-(rt<x::=,. Gopher Tortoise Relocation Permitting - Consider staff rekommendation to approve the Kimley-Horn Work Authorization No. 21 in the amount of $34,500.00 for Gopher Tortoise Relocation Permitting at the St. Lucie County International Airport and authorize the Chair to execute the Work Authorization. PBS&J Resident Project Representative (RPR) Services for Runway 9/27 Airfield Lighting Upgrade - Consider staff recommendation to approve PBS&J's RPR services in the amount of $10,800.00 authorizing the Chair to execute PBS&J's Work Authorization No. 12 for the rehabilitation of airfield lighting on Runway 9/27 at the St. Lucie International Airport. A. 6. PURCHASING A. Second Extension to Contract No. C02-12-122 with eCivis (Grant Locator) - Consider staff recommendation to approve the second extension to Contract C02-12-122 for the amount of $16,500.00 with eCivis, and authorize the Chairman to sign the extension as prepared by the County Attorney. B. Award Bid No. 05-115 - Waste Tire Processing - Consider staff recommendation to award Bid No. 05-115 (Waste Tire Processing) to the sole bidder, Florida Tire Recycling, for the price plan listed on the attached tabulation sheet, and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Permission to Advertise a Request for Qualifications (RFQ) for Underwriter Services - Consider staff recommendation to grant permission to advertise an RFQ for Underwriting Services. D. Approval of Hurricane Related Purchases - Consider staff recommendation to approve the list of hurricane related purchases. E. Award Bid No. 06-003 - Roofing for Roger Poitras Building - Consider staff recommendation to award Bid No. 06-003, Roofing for Roger Poitras Building, to Dependable Roofing Systems, Inc. for the amount of $157,700.00, and authorize the Chairman to sign the contract as drafted by the County Attorney. .'w ...., CONSENT AGENDA PAGE FOUR NOVEMBER 22, 2005 PURCHASING CONTINUED F. Change Order NO.2 for Contract C05-10-535 with Deubel Company - Consider staff recommendation to approve Change Order NO.2 for Contract C05-10-535 with Deubel Company, and authorize the Chairman to sign the change order as prepared by the County Attorney. G. Approval to amend the Contract award amount of $450,000, awarded to DPC General Contractors, Inc., to include the Public Construction Bond amount of $7,750.00 necessary for the Demolition of Interior and Abatement of Hazardous Materials in the Old Court House - Consider staff recommendation to approve amending the contract award amount of $450,000, awarded to DPC General Contractors, Inc., to include the Public Construction Bond amount of $7,750.00 necessary for the Demolition of Interior and Abatement of Hazardous Materials in the Old Court House. Upon approval the total contract amount would be $457,750. H. Award of RFP #05-108 - Bicycle/Pedestrian Greenways & Trails Master Plan - The committee request permission to negotiate with the top rank firm Glatting Jackson Kercher Anglin Lopez Rinehart, if not successful permission to negotiate with second rank firm Kimley-Horn & Associates, Inc. and bring back to the Board for contract approval. I. Bid Waiver and sole source declaration for the implementation of improvements and adjustments to the A/C system at the Rock Road Jail. This is for the Central Services Department - Consider staff recommendation to of the bid waiver and sole source declaration for the services of Siemens Building Technologies, Inc. for the amount not to exceed $36,000.00. 7. SOLID WASTE A. Budget Resolution 05-416 to establish the budget for the 2005-2006 Innovative Waste Reduction and Recycling Grant - Consider staff recommendation to adopt Budget Resolution 05-416 to establish the budget for the 2005-2006 Innovative Waste Reduction and Recycling Grant. B. Proposal from CDM for engineering services to assist St. Lucie County with the installation of the first layer of horizontal landfill gas collectors in Cell 3A for a lump sum of $93,000 - Consider staff recommendation to approve the proposal from CDM for engineering services to assist St. Lucie County with the installation of the first layer of horizontal landfill gas collectors in Cell 3A for a lump sum of $93,000. 8. PUBLIC SAFETY To elicit the support of Senator Pruitt in the passage of a bill to amend Florida Statute 252.373 as it reads on the Emergency Management and Preparedness Tnust Fund (EMPA TF) - Consider staff recommendation to approve to elicit the support of Senator Pruitt in the passage of the bill to amend FL Statute 252.373. 'wt '...J CONSENT AGENDA PAGE FIVE NOVEMBER 22, 2005 9. COMMUNITY SERVICES A. Request for Board approval and authorize the Chair to sign the grant extension to December 31, 2006 for the Florida Department of Transportation Urban Transit Joint Participation Agreement (JPA) - Consider staff recommendation to Authorize the Chair to sign the grant extension with the Florida Department of Transportation Urban Transit Joint Participation Agreement (JPA). B. Request for Board approval of Budget Resolution No. 05-431 and authorize the Chair to sign the amendment to the Medicaid Non-Emergency Program Agreement - Consider staff recommendation to Approve Budget Resolution No. 05-431 and authorize the Chair to sign the amendment to the Medicaid Non-Emergency Program Agreement. C. Waiver of Fees at the Savannas Campgrounds - Consider staff recommendation to approve to waive the user fees for six slots at the Savannas campgrounds during the period of November 26, 2005 through December 18, 2005. The St. Lucie County Long Term Recovery Team Committee while assisting county residents with hurricane Frances and Jeanne repairs will use the slots. 10. GROWTH MANAGEMENT Request approval to issue a base amount of $100.00 for a cash drawer to initiate cash receipts system in the Growth Management Department - Consider staff recommendation to authorize the issuance of $100.00 base amount for cash drawer. 11. ENVIRONMENTAL RESOURCES First Amendment to Contract C05-09-513 with RTP Environmental Associates Inc. - Consider staff recommendation to approve the First Amendment to Contract C05-09-513 with RTP Environmental Associates, Inc. and authorize the Chair to sign the amendment as prepared by the County Attorney. 12. MANAGEMENT AND BUDGET A. Adopt Budget Resolution No. 05-427 amending Budget Resolution No. 05-396, due to a scrivener error - Consider staff recommendation to adopt Budget Resolution No. 05-427, amending Budget Resolution No, 05-396. B. Approval of Budget Amendment No. BA05-196 to cover fiscal year 2005 insufficient accounts - Consider staff recommendation to approve Budget Amendment No BA05-196 to cover fiscal year 2005 insufficient accounts. '-' .., CONSENT AGENDA PAGE SIX NOVEMBER 22, 2005 MANAGEMENT AND BUDGET CONTINUED C. Approval of Budget Resolution No. 05-428 recognizing revenue from the Federal Emergency Management Agency and the State for hurricane related expenses - Consider staff recommendation to approve Resolution No. 05-428 recognizing revenue from FEMA and the State for hurricane related expenses. D. Approval of Budget Amendment No. BA06-108 transferring funding to cover General Fund purchase orders that were rolled over from fiscal year 2005 - Consider staff recommendation to approve Budget Amendment No. BA06-108. 13. CENTRAL SERVICES A. Approve the purchase and installation of two (2) metal buildings from Thurman's of Fort Pierce at $11,330.00 ($5,665.00 each) for the Platt's Creek location - Equipment Request No. EQ06-216 - Consider staff recommendation to approve the purchase of two (2) metal buildings from Thurman's, at a total cost of $11,330.00, for the Platt's Creek location and approve Equipment Request No. EQ06-216. B. Approve Change Order NO.2 to Contract No. C04-08-450 - R.K. Contractors, Inc. - Pepper Park Grinder Pump Station Conversion - Consider staff recommendation to approve Change Order NO.2 to Contract No. C04-08-450, R.K. Contractors, Inc. to increase contract time ninety-five days with a completion date of February 1, 2006, and authorize the Chair to sign the change order as prepared by the County Attorney. C, 1) Approval of an Agreement to use the architectural! engineering services of GLE Associates, under continuing Contract No. C05-05-282!architectural services, for the construction of a new 15,000 square foot library, located at Windmill Point Elementary Campus, Port St. Lucie, for a total lump sum fee of $187,350.00. 2) Approval to go out for RFQ for the services of a construction manager at risk to oversee the library project. Consider staff recommendation to 1) approve GLE Associates, under Continuing Contract No. C05-05-282!Architectural Services, to provide professional architectural/engineering services associated with the construction of a new 15,000 square foot library for a total lump sum fee of $187,350.00, authorizing the Chair to sign the Work Authorization as prepared by the County Attorney. 2) In addition, staff is seeking the Board's approval to go out for RFQ for the services of a Construction Manager At Risk to oversee this project. . '-' "wIÍ ANNOUNCEMENTS November 22, 2005 1. Meetinq Chanqes: . November 29, 2005 Board of County Commissioners will meet at 6:00 p.m. . The December 27,2005 Board of County Commissioners meeting is canceled. 2. The Board of County Commissioners will hold a Strategic Planning Session on January 30th and 31st at The Panther Woods County Club, 9425 Meadowood Drive, Fort Pierce, Florida. 3. 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. 4. Commissioner Hutchinson is currently seeking applications from persons desiring to be appointed to the Contractor's Licensing Board and the Citizen's Budget Advisory Committee. Anyone interested in applying can obtain an application from the County Administration Office. '-' ...,; NOVEMBER 22, 2005 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. 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 asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting 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 workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. '- ...., BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us Doug Coward, Chairman Chris Craft, Vice Chairman Joseph E. Smith Paula A. Lewis Frannie Hutchinson District No.2 District No.5 District No.1 District No.3 District No.4 November 22, 2005 9:00 A.M. Invocation Pledge of Allegiance 1. MINUTES · Approve the minutes of the meeting held on November 1, 2005. · Approve the minutes of the meeting held on November 8, 2005. · Approve the minutes of the meeting held on November 15, 2005. 2. PROCLAMATIONS/PRESENTATIONS A. Presentation By Michael Howard, UDT Seal Museum Director B. Presentation of Employee of the Quarter by Douglas M. Anderson, County Administrator C. Reading of the announcements by the County Administrator. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS SA. GROWTH MANAGEMENT The continuation of the November 8, 2005 public hearing for the request of Treva Gilkey, for a waiver of the fair share of paving costs for the paving of a road accessing a proposed 3-lot subdivision located at 4311 Favorite Road on the south side of Favorite Road, approximately 650 feet west of Selvitz Road - Consider staff recommendation to deny the request for a waiver from the requirements of Section 7.05.07. END OF PUBLIC HEARINGS '-' 'wi REGULAR AGENDA PAGE TW NOVE ER 22, 2005 COUNTY ATTORNEY ç~ ---- , ¡Þ> Resolution No. 05-421 - Urging the Florida Legislative Delegation to require grocery store chains located within St. Lucie County, Florida; to purchase and keep on hand in a protected pre-staged area within each grocery store; adequately sized generators to be used for immediate use in the event of a power failure due to a hurricane or other emergency - Consider staff recommendation to adopt the Resolution No. 05-421 as drafted. 7. COUNTY ATTORNEY Resolution No. 05-435 - Authorizing the creation of the Smart Growth Advisory Ad Hoc Committee and providing for duties and functions of the committee - Consider staff recommendation to adopt Resolution No. 05-435 as drafted. 8. ENVIRONMENTAL RESOURCES Request Board approval of the Draft Native Tree Mitigation Bank Agreement with Flagler Development Corporation _ Consider staff recommendation to approve the Draft Native Tree Mitigation Bank Agreement with Flagler Development Corporation and authorize the Chair to sign the agreement. y COUNTY ATTORNEY Resolution No. 05-436 - Authorizing the creation of the Transfer of Development Rights (TOR) Advisory Ad Hoc Committee and providing for duties and functions of the committee - Consider staff to adopt Resolution No. 05-436 as drafted. '-' ....,.¡ CONSENT AGENDA 1. WARRANTS LIST Approval of Warrant List NO.6 and 7. 2. COUNTY A HORNEY A. Resolution No. 05-432 Extending the State of Emergency for Hurricane Frances; and, Resolution No, 05- 433 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-432 and Resolution 05-433 and authorize the Chairman to sign the Resolutions. B. Resolution No. 05-434 Extending the State of Emergency for Hurricane Wilma - Consider staff recommendation to approve Resolution No. 05-434 and authorize the Chairman to sign the Resolution. C. Resolution No. 05-420 - Establishing a No Parking Zone on the County Property located on the South East Corner of 25th Street and Rhode Island Avenue - Consider staff recommendation to adopt Resolution No. 05-420 as drafted. D. Brown Ranch Mine - First Amendment to May 11, 1999 Escrow Agreement - Consider staff recommendation to approve the proposed first amendment and authorize the Chairman to sign the amendment. E. Implementation of the St. Lucie County Criminal Justice Data Exchange Project - Consider staff recommendation to accept the recommendation of the Criminal Justice Information System (CJIS) Committee and the Public Safety Coordinating Council, and authorize: (1) the purchase of data communications lines and data communication boxes for $49,800.00 and (2) the one time purchase of Data Sharing Software for the jail management system, with the vendor price not being over $8,000.00 (3) the re-occurring yearly fees $4,032.00, (4) the re-occurring monthly data communication line fees of $2,460.00 per month. Staff also recommends that the Board approve the data exchange Interlocal Agreement with the State Attorney, Sheriff and the Clerk. F. Ordinance No. 05-039 - to include Single Family Detathed Dwellings in Planned Unit Developments as Replacement for Mobile Homes - Consider staff recommendation to grant permission to advertise Ordinance No. 05-039. G. Permission to Advertise - Ordinance No. 06-001 Bicycle Helmets - Consider staff recommendation to grant permission to advertise proposed Ordinance No. 06-001 for public hearing on January 3, 2006 at 6:00 p.m. or as soon thereafter as may be heard. H. Bear Point Mitigation Bank - First Amendment to September 19, 2000 Bear Point Mitigation Bank Agreement with the Daggett and Koblegard Families - Consider staff recommendation to approve the proposed First Amendment to the September 19, 2000 Bear Point Mitigation Agreement, and authorize the Chairman to sign the First Amendment. I. Capron Trails Mine - Surety Bond - Consider staff recommendation to accept the new $110,125.00 Surety Bond from Dickerson Florida, Inc. '-' ...¡ CONSENT AGENDA PAGE TWO NOVEMBER 22, 2005 COUNTY ATTORNEY CONTINUED J. Fire/EMS Impact Fees - Permission to advertise public hearings on proposed Ordinance No. 05-042 amending Fire/EMS Impact Fees - Consider staff recommendation to approve to advertise proposed Ordinance No. 05-042 for public hearings before the Local Planning Agency/St. Lucie County Planning and Zoning Commission on December 8, 2005, and the Board of County Commissioners on December 13, 2005 and December 20, 2005. 3. PUBLIC WORKS A. Engineering Division - First Amendment to Consultant Agreement with John Frank, P.E., to provide Professional Engineering Services on a contract basis - Consider staff recommendation to approve the First Amendment to the consultant agreement with John Frank, P. E., to provide civil engineering and project management services for an additional six-month period (for a total amount not to exceed $98,800.00), and authorize the Chairman to sign. B. Engineering Division - One Year Extension to the Consultant Agreement for Professional Engineering Services for Bridge Evaluation and Design through December 2, 2006 - Consider staff recommendation to approve the one-year extension to the Consultant Agreements for Bridge Evaluation and Design with Jenkins & Charland, Inc. and Kimley-Horn and Associates, Inc., and authorize the Chairman to sign. C. Engineering Division - RFP No. 05-093 - Professional Engineering Services for the four-Ianing of Midway Road from East of the Turnpike Bridge to South 25th Street - Consider staff recommendation to approve authorization to negotiate a contract with the top ranked firm, H.W. Lochner, Inc., authorize staff to work with the second firm if unable to successfully negotiate a contract with the first selection, and authorize the Chairman to sign the contract as prepared by the County Attorney. D. Change Order NO.3 - Lake Michigan Contractors, Inc. - Taylor Creek Phase I Dredging Project - Consider staff recommendation to approve Change Order NO.3 for Lake Michigan Contractors, Inc. in the amount of $345,000.06 and authorize the Chairman to sign. E. Engineering Division - First Amendment to Work Authorization No. 20 with Dunkelberger Engineering & Testing - Indian River Drive Phase II Project in the amount of $89,902.00 bringing the total contract to $180,000.00 and to extend the length of the work authorization to March 31, 2006 - Consider staff recommendation to approve the First Amendment to Work Authorization No. 20 with Dunkelberger Engineering & Testing for the Indian River Drive Phase II Project in the amount of $89,902.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. F. Engineering Division - Bear Point Mitigation Bank - Payment in the amount of $175,200.00 - Consider staff recommendation to approve payment of $175,200.00 to the Bear Point Mitigation Bank for the cost of the wetland impact mitigation of the Indian River Lagoon Trace shared-use pathway. G. Road & Bridge Division - Approval of Waiver of Portions of a Traffic Impact Study for the U.S. 1 & Prima Vista Mobil Station - Consider staff recommendation in accordance with Section 11.02.09.4.a.3 of the St. Lucie Land Development Code (LDC) that the County Commission grant the request for the waiver of portions of the required Traffic Impact Study. '-' ..., CONSENT AGENDA PAGE THREE NOVEMBER 22, 2005 4. PARKS AND RECREATION A. Authorization to donate fund to charity - Consider staff recommendation to approve the donation of $85.00, raised during the Mentor Program Halloween party of October 29, 2005. B. Amendment of Tennis Professional Contract C05-09-468 - Consider staff recommendation to approve amending the contract with the County's Tennis Professional, modifying the compensation clause to allow for a comparable rate of pay with prior years. C. Modification of Equipment Request EQ06-123 and cancellation of EQ06-125 - Consider staff recommendation to approve to revise EQ06-123 and increase EQ06-125, and allocate the funds toward the purchase of two computers and the license agreements. 5. AIRPORT ~tVP?v</l ~ ¡1¿hwrt- J ~ /hI! þ-. A. Gopher Tortoise Relocation permittinÄnsider staff recommendation to approve the Kimley-Horn Work Authorization No. 21 in the amount of $34,500.00 for Gopher Tortoise Relocation Permitting at the St. Lucie County International Airport and authorize the Chair to execute the Work Authorization. B. PSS&J Resident Project Representative (RPR) Services for Runway 9/27 Airfield Lighting Upgrade - Consider staff recommendation to approve PBS&J's RPR services in the amount of $10,800.00 authorizing the Chair to execute PBS&J's Work Authorization No. 12 for the rehabilitation of airfield lighting on Runway 9/27 at the St. Lucie International Airport. 6. PURCHASING A. Second Extension to Contract No. C02-12-122 with eCivis (Grant Locator) - Consider staff recommendation to approve the second extension to Contract C02-12-122 for the amount of $16,500.00 with eCivis, and authorize the Chairman to sign the extension as prepared by the County Attorney. S, Award Bid No. 05-115 - Waste Tire Processing - Consider staff recommendation to award Bid No. 05-115 (Waste Tire Processing) to the sole bidder, Florida Tire Recycling, for the price plan listed on the attached tabulation sheet, and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Permission to Advertise a Request for Qualifications (RFQ) for Underwriter Services - Consider staff recommendation to grant permission to advertise an RFQ for Underwriting Services. D. Approval of Hurricane Related Purchases - Consider staff recommendation to approve the list of hurricane related purchases. E. Award Bid No. 06-003 - Roofing for Roger Poitras Building - Consider staff recommendation to award Bid No. 06-003, Roofing for Roger Poitras Building, to Dependable Roofing Systems, Inc. for the amount of $157,700.00, and authorize the Chairman to sign the contract as drafted by the County Attorney. '\w; ~ CONSENT AGENDA PAGE FOUR NOVEMBER 22, 2005 PURCHASING CONTINUED F. Change Order NO.2 for Contract C05-10-535 with Deubel Company - Consider staff recommendation to approve Change Order NO.2 for Contract C05-1 0-535 with Deubel Company, and authorize the Chairman to sign the change order as prepared by the County Attorney. G. Approval to amend the Contract award amount of $450,000, awarded to DPC General Contractors, Inc., to include the Public Construction Bond amount of $7,750.00 necessary for the Demolition of Interior and Abatement of Hazardous Materials in the Old Court House - Consider staff recommendation to approve amending the contract award amount of $450,000, awarded to DPC General Contractors, Inc., to include the Public Construction Bond amount of $7,750.00 necessary for the Demolition of Interior and Abatement of Hazardous Materials in the Old Court House. Upon approval the total contract amount would be $457,750. H. Award of RFP #05-108 - Bicycle/Pedestrian Greenways & Trails Master Plan - The committee request permission to negotiate with the top rank firm Glatting Jackson Kercher Anglin Lopez Rinehart, if not successful permission to negotiate with second rank firm Kimley-Horn & Associates, Inc. and bring back to the Board for contract approval. I. Bid Waiver and sole source declaration for the implementation of improvements and adjustments to the AlC system at the Rock Road Jail. This is for the Central Services Department - Consider staff recommendation to of the bid waiver and sole source declaration for the services of Siemens Building Technologies, Inc. for the amount not to exceed $36,000.00. 7. SOLID WASTE A. Budget Resolution 05-416 to establish the budget for the 2005-2006 Innovative Waste Reduction and Recycling Grant - Consider staff recommendation to adopt Budget Resolution 05-416 to establish the budget for the 2005-2006 Innovative Waste Reduction and Recycling Grant. B, Proposal from CDM for engineering services to assist St. Lucie County with the installation of the first layer of horizontal landfill gas collectors in Cell 3A for a lump sum of $93,000 - Consider staff recommendation to approve the proposal from CDM for engineering services to assist St. Lucie County with the installation of the first layer of horizontal landfill gas collectors in Cell 3A for a lump sum of $93,000. 8. PUBLIC SAFETY To elicit the support of Senator Pruitt in the passage of a bill to amend Florida Statute 252.373 as it reads on the Emergency Management and Preparedness Trust Fund (EMPA TF) - Consider staff recommendation to approve to elicit the support of Senator Pruitt in the passage of the bill to amend FL Statute 252.373. '-' ".,¡ CONSENT AGENDA PAGE FIVE NOVEMBER 22, 2005 9. COMMUNITY SERVICES A. Request for Board approval and authorize the Chair to sign the grant extension to December 31, 2006 for the Florida Department of Transportation Urban Transit Joint Participation Agreement (JPA) - Consider staff recommendation to Authorize the Chair to sign the grant extension with the Florida Department of Transportation Urban Transit Joint Participation Agreement (JPA). B. Request for Board approval of Budget Resolution No. 05-431 and authorize the Chair to sign the amendment to the Medicaid Non-Emergency Program Agreement - Consider staff recommendation to Approve Budget Resolution No, 05-431 and authorize the Chair to sign the amendment to the Medicaid Non-Emergency Program Agreement. C. Waiver of Fees at the Savannas Campgrounds - Consider staff recommendation to approve to waive the user fees for six slots at the Savannas campgrounds during the period of November 26, 2005 through December 18, 2005. The St. Lucie County Long Term Recovery Team Committee while assisting county residents with hurricane Frances and Jeanne repairs will use the slots. 10. GROWTH MANAGEMENT Request approval to issue a base amount of $100.00 for a cash drawer to initiate cash receipts system in the Growth Management Department - Consider staff recommendation to authorize the issuance of $100.00 base amount for cash drawer. 11. ENVIRONMENTAL RESOURCES First Amendment to Contract C05-09-513 with RTP Environmental Associates Inc. - Consider staff recommendation to approve the First Amendment to Contract C05-09-513 with RTP Environmental Associates, Inc, and authorize the Chair to sign the amendment as prepared by the County Attorney. 12. MANAGEMENT AND BUDGET A. Adopt Budget Resolution No. 05-427 amending Budget Resolution No. 05-396, due to a scrivener error - Consider staff recommendation to adopt Budget Resolution No. 05-427, amending Budget Resolution No. 05-396. B. Approval of Budget Amendment No. BA05-196 to cover fiscal year 2005 insufficient accounts - Consider staff recommendation to approve Budget Amendment No BA05-196 to cover fiscal year 2005 insufficient accounts. \.r .....I CONSENT AGENDA PAGE SIX NOVEMBER 22, 2005 MANAGEMENT AND BUDGET CONTINUED C. Approval of Budget Resolution No. 05-428 recognizing revenue from the Federal Emergency Management Agency and the State for hurricane related expenses - Consider staff recommendation to approve Resolution No. 05-428 recognizing revenue from FEMA and the State for hurricane related expenses. D. Approval of Budget Amendment No. BA06-108 transferring funding to cover General Fund purchase orders that were rolled over from fiscal year 2005 - Consider staff recommendation to approve Budget Amendment No. BA06-108. 13. CENTRAL SERVICES A. Approve the purchase and installation of two (2) metal buildings from Thunman's of Fort Pierce at $11,330.00 ($5,665.00 each) for the Platt's Creek location - Equipment Request No. EQ06-216 - Consider staff recommendation to approve the purchase of two (2) metal buildings from Thurman's, at a total cost of $11,330.00, for the Platt's Creek location and approve Equipment Request No. EQ06-216. B. Approve Change Order No.2 to Contract No. C04-08-450 - R.K. Contractors, Inc. - Pepper Park Grinder Pump Station Conversion - Consider staff recommendation to approve Change Order NO.2 to Contract No. C04-08-450, R.K. Contractors, Inc. to increase contract time ninety-five days with a completion date of February 1, 2006, and authorize the Chair to sign the change order as prepared by the County Attorney. C. 1) Approval of an Agreement to use the architectural/ engineering services of GLE Associates, under continuing Contract No. C05-05-282/architectural services, for the construction of a new 15,000 square foot library, located at Windmill Point Elementary Campus, Port St. Lucie, for a total lump sum fee of $187,350.00. 2) Approval to go out for RFQ for the services of a construction manager at risk to oversee the library project. Consider staff recommendation to 1) approve GLE Associates, under Continuing Contract No. C05-05-282/Architectural Services, to provide professional architectural/engineering services associated with the construction of a new 15,000 square foot library for a total lump sum fee of $187,350.00, authorizing the Chair to sign the Work Authorization as prepared by the County Attorney. 2) In addition, staff is seeking the Board's approval to go out for RFQ for the services of a Construction Manager At Risk to oversee this project. '-'r ....¡ ANNOUNCEMENTS November 22, 2005 1. Meetinq Chanqes: · November 29, 2005 Board of County Commissioners will meet at 6:00 p.m. · The December 27,2005 Board of County Commissioners meeting is canceled. 2. The Board of County Commissioners will hold a Strategic Planning Session on January 30th and 31st at The Panther Woods County Club, 9425 Meadowood Drive, Fort Pierce, Florida. 3. 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. 4. Commissioner Hutchinson is currently seeking applications from persons desiring to be appointed to the Contracto~s Licensing Board and the Citizen's Budget Advisory Committee. Anyone interested in applying can obtain an application from the County Administration Office. '-" ..., Employee of the Quarter Dorothy Blair Dorothy Blair initiated a new literacy program for the Library System based on a program established in 1999 called READ (Reading Education Assistance Dogs). The program for St. Lucie County Library is called "Waggin' Tales" - it is a program designed to help children increase their reading skills. The program benefits children by taking the focus off the child's inability to read and places the child in the position of tutor to help the dog understand. The child reads and explains the story to the dog; the dog's presence removes any stigma about the child's inability to read out loud. Mrs. Blair obtained 200 books free of charge from Brodart to use as give-aways as a child completes their frequent reader card. Mrs. Blair put together all of the publicity for the program which included bookmarks with a child reading to a dog; magnets; flyers, press releases, etc. She recruited all of the volunteers for the program; she coordinated the training of the dogs so that they are certified to participate in the program. The program is currently held weekly at Fort Pierce, Morningside and Hurston Branch libraries. Mrs. Blair serves as a Librarian in our Acquisitions Department - she has performed numerous programs for our annual children's Summer Reading Program called "Love on a leash". Mrs. Blair's programs show creativity and they are a great community program involving parents, children, volunteers and library staff. Since Mrs. Blair began the program this year they have served 480 children in 7 months, put in 230 hours of volunteer time with 7 certified trainers. There is always a waiting list of children as the program has become very popular. We are pleased to have Dorothy Blair as a m'ember of the Library Department. '-' '..I BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 1, 2005 Tape: 1-7 Convened: 3:00 p.m. Adjourned: 1 :37 a.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, Pete Keogh, Parks and Rec. Director, Don West, Public Works Director, Ed Parker, Purchasing Director, Marie Gouin, M & B Director, David Kelly, Planning Manager, Millie Delgado-Feliciano, Deputy Clerk Mr. Bob Davis, Tax Collector for St. Lucie County presented the Board with a report on the excess revenue generated by his department. He advised the Board that he had presented the Finance Department with a check in the amount of $2,608,000.00. Mr. Edwin Fry, Jr., Clerk of the Circuit Court advised the Board the Court generated excess fees totaled $ 4.7 million dollars. He had presented the Board with $1.7 million . during the budget sessions and yesterday had deposited $3 million into the Board's account. 1. MINUTES (1-024) It was moved by Com. Coward, seconded by Com. Craft to approve the minutes of the meetings held October 17,2005 and October 18,2005, and; upon roll call, motion carried unanimously. 2. PROCLAMA TIONS/PRESENT A nONS A. Mr. Mark Godwin, Criminal Justice Coordinator, gave a presentation on the Criminal Justice Plan. B. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS Sheriff Mascara addressed the Board regarding the jail population. He stated the current jail population is 1,328 which is a 127 irunate increase over the last stated population at a prior meeting. He stated there have been days when the population was higher and at that time he had advised the County Administrator of the increase. On October 28, 2005, the population was 1387 that placed them 337 over capacity. He stated in the past twelve weeks there has not been a reduction in irunates because of the Kolmanoff recommendations. Thl: ShnilTadvisl:d lhl: Hoard against his and his slalls wisIH':s, Ihl:Y advl.:rtisl:d availahk heds Cor renl ;Ieross Ihe web pagl:. They rl.:ccivl.:d calls, howL:vL:r wlwn thL:Y WL:rL: not ahk 10 give 111OSI.: intl.:rL:stL:d partÏL:s a dalL: Cor the heds the intl.:rL:st It)r the bed weaned. They submitted an application to the U.S. Marshall Service [our months ago and the review was rejected by the Marshall's service only to be asked to be recalculated with their budget from two years ago. Last week they received the new contract with the negotiated 1 '-' -.J price of $62.00 per inmate per day. This is much lower than anticipated. The problem today is they do not have any beds available. Ifpod 2 was to open today they would be within 42 capacity ofthe entire jail complex (this would include pods 1 and 2). The Sheriff stated the upper trend of the j ail population will continue as predicted leaving no beds for rent. He advised the Board their fist litigation is scheduled for Friday and his understanding there are many cases in the loop regarding the overcrowding. Mr. Walter Sawyer, Port St. Lucie resident, addressed the Board on the widening of 25th Street and asked the Board to consider requiring all electrical wiring be placed underground. He also presented information regarding FPL's profits for Board review. Com. Hutchinson requested research be done on the feasibility of such a request and return to the Board with the information. 4. CONSENT AGENDA (1-1628) 1. WARRANT LISTS The Board approved Warrant List No. 56,3 and 4. 2. COUNTY ATTORNEY A. Resolution No. 05-402- Extending the State of Emergency for Hurricane Frances and Resolution No. 05-403 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-402 and 05-403. .. B. Request Permission to advertise- The Board approved the request to advertise a public hearing to be held on December 6, 2005 at 6:00 p.m. to hear the petition to abandon a portion of a 66 foot platted right of way known as West Dixie Blvd. C. Request Permission to advertise - The Board approved advertising a public hearing to be held on December 6, 2005 at 6:00p.m. to hear the petition to abandon a County owned 30 foot drainage easement. D. Cultural Affairs Council Grant Agreement- The Board approved the proposed grant agreement and authorized the Chairperson to sign the grant agreement. E. Florida communities TrLlst- Hackberry Hammock FCT Project 05-069 FFS- Grant Contract and Conrídcntiality agrccmcnt- Thc Board approved The Florida Communities Trust Grant Contract for the Hackberry Hammock project and authorized the Chairman to sign the Grant contract and Confidentiality Agreement and transmit to Florida Communities Trust. F. "Night Train" Mural- Lease Agreement with East Coast Lumber Inc.- The Board approved the proposed lease agreement with East Coast Lumber Inc., and authorized the Chairman to sign the agreement. G. Urban Mobile Irrigation Lab- First Amendment to May 28, 2002 Interlocal Agrecmcnt with St. Lucic county Soil and Water Conservation District - The Board approved the First Amendment to the May 2R, 2002 Intcrlocal Agrecment and allthori",cd thc Chairman to sign. H. Resolution No. 05-406 Proclaiming the month of November 2005 as "Home Health Care Month in St. Lucie County, Florida- The Board approved Resolution No. 05-406. 2 ~ ..; 1. Resolution No. 05-407 Proclaiming the month of November as "Hospice Month" in St. Lucie County, Florida- The Board approved Resolution No. 05-407. J. Mental Heath and Substance Abuse Treatment Services- Agreement with New Horizons of the Treasure Coast, Inc.- The Board approved the proposed agreement with New Horizons of the Treasure Coast, Inc., for mental hcalth and substance abuse treatment services and authorized the Chairman to sign the Agreement. K. Resolution No. 05-409 Extending the State of Emergency for Hurricane Wilma- The Board approved Resolution No. 05-409 and authorized the Chairman to sign. L. Contract with Carolina Software- The Board approved the contract with Carolina Software, Inc.. and authorized the Chairman to sign the contract. M. St. Lucie County Health Dept- Revised Contract with State of Florida Department of Health- The Board approved the revised 2005-06 contract with the State of Florida Department of Health for the operation ofthe St. Lucie County Health Department, an authorized the Chainnan to sign the revised contract. 3. MANAGEMENT AND BUDGET ." A. Budget Resolution No. 05-396- to increase the budget for a Hurricane Housing Recovery Plan Grant from $100,000.00 to $7,296,658.00- The Board approved Budget Resolution No. 05-396. B. Permission to advertise a public hearing- The Board approved scheduling advertising a public hearing to amend the budget. C. Adopt Budget Resolution No. 05-410 to increase the Florida Department of Agriculture grant for Soil and Water- The Board approved Budget Resolution No. 05-410. D. Request for approval ofFY06 Advance No.2 in the amount of $252,000.00 to the County Tax Collector - The Board approved the request for the advance. 4. PUBLIC WORKS A. One year Extension to the Consultant Agreement with Dunkelberger Engineering & Testing, Inc.- for professional engineering services for Geotechnical testing through October 14, 2006- The Board approved the one year extension to the Consultant Agreement. B. Second Amendment Work Authorization No.1 Bowyer Singleton & Associates, Inc.- The Board approved the second amendment to Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Bowyer Singleton & Associates, Inc. for additional services for the Prima Vista Baffle Box in tilt; amount of$4,832.00 (total amount not to exceed $9,(¡(j4.00) and authorized the Chairman to sign. C. Change Order No. 2- AshBritt Environmental - The Board approved and authorized the Chair to sign Change Order No.2 in the deductive amount of $2,494,707.99 for a total contract price of$8,773,648.76; accepted the project released retainage in the amount of$413,587.26 3 '-' ., and make Final Payment to the contractor AshBritt Environmental in the amount of $413,587.26 for services provide associated with Hurricane Frances and Hurricane Jeanne debris removal. Retainage in the amount of$26,415.98 shall be returned to Fund No. 101002-4112- 599300-400 Transportation Trust/Constitutional. D. Ncw North Entrance to the Port ofFt. Pierce Joint Participation Agreement extension request- The Board approved the Extension of Time request for the Joint Participation Agreement for the New North Entrance to the Port ofFt. Pierce through December 31,2007. E. Work Authorization No.3 to the Contract for Survey Services with GCY Inc.- Solida Drive- The Board approved Work Authorization No.3 to the Contract for Survey Services with GCY, Inc., for Solida Drive in the amount of$6,768.00 and authorization for the Chairman to sign. 5. SOLID WASTE A. Resolution No. 05-329 - The Board approved Resolution No. 05-329 prepared and approved by the County Attorney, authorizing the County Administrator's designee to execute the Non-Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreements. .. B. Interlocal Agreement Florida Department of Agriculture & Consumer Services- The Board approved the Interlocal Agreement with the Florida Department of Agriculture & Consumer Services for non- exclusive use of the St. Lucie County Solid Waste Baling & Recycling Facility. 6. CULTURAL AFFAIRS Budget amendment BA 05-104 and Equipment Request 06-215 for the purchase of a Dell sever for the S1. Lucie County Historical Museum- The Board approved Budget Amendment No. BA 05-104 and Equipment Request 06-215. 7. PARKS AND RECREATION High Pole Gate Extension at the Fairgrounds Equestrian Arena- The Board approved the purchase 0 I' a gate extension from the sole source provider Circle "R" RLlnch & Livcstock Equipmcnt and install it on thc south cnd or the Equestrian Arena at a cost 01'$5,482.55. 8. P ARKS REFERENDUM Lawnwood Soccer Field Lighting- The Board approved piggybacking off the City of Jacksonville's Bid SC-0549-03 and proceed with the sport fields lighting of the Lawnwood Recreation Area soccer fields at a cost of$775,536.00. 9. PURCHASING A. Permission to advertise an invitation to bid for Cleaning Services for Solid Waste Department- The Board granted permission to advertise ;\11 Invitation ['or Bid ['or Ck;aning Services ['or Solid Waste Dcpartmcnt. B. Change Order No.2 for Contract C05-01-052 with Commercial Fence Contractors Inc. - The Board approved Change Order No.2 for Contract C05-01-052 and authorized the Chairman to sign the change order as prepared by the County Attorney. 4 ~ ...." C. Award ofRFP# 05-058 Global Positioning Satellite Pre-Trial Releases, Electronic Monitoring Services- The Board approved awarding RFP # 05-058 Global Positioning Satellite Pre-Trial Releasee, Electronic Monitoring Services to the top ranked finn, Sentencing Alternatives, Inc., for $25,110 the first month, thereafter at a daily rate of $18 per day, per participant; or $20,000 per month, whichever is higher and not to exceed $500,000 and authorized the Chainnan to sign the contract as prepared by the County Attorney. D. Award of Bid No. 05-113 Elevator Repair and Maintenance for County Facilities- The Board approved awarding Bid No. 05-109 ' Elevator Repair and Maintenance For County Facilities to the only bidder General Elevator Sales and Services Inc., for a total annual amount of$14,777.64 and authorized the Chainnan to sign the contract as prepared by the County Attorney. 10. UTILITIES Change Order No. I Danella Companies, Inc.,- The Board approved Change Order No.1 with Danella Companies, Inc., for construction services related to the Little Mud Creek project inn the amount of$29,840.71 and also an extension of 112 days to the contract. II. COMMUNITY SERVICES Full time grant funded positions to administer housing grants- The Board approved to hire four full time grant funded positions to administer the housing grants. The positions ., will end at the closeout of the grants. REGULAR AGENDA 5. PUBLIC WORKS (1-1703) Requirement that all Aluminum Structures require 4th wall construction - Consider staff recommendation that the BOCC require that all replacement of Aluminum structure require 4th wall construction along with angle bracing and required footings fro the columns. Staff also recommends that only composite panels are allowed in the replacement of roof structures and that the use of aluminum pan roof be prohibited in the County. Staff also requests that all pennits that are currently being reviewed be rej ected and returned to be redesigned to the new standard. The Code Compliance Manager advised thc Board that there have been many unpennitted repairs done on structures. He reviewed various photos of structures damaged and improper fastenings of material. He stated as of January I, 2006 they will require 4th wall construction on all aluminum structures. All structures will require pennits regardless of how minor the repair may be. Mr. Clare McClure addressed the Board in opposition to the new requirement. Mr. D. Kim, large aluminum finn in Florida addressed the Board and stated he is present as a resource not in favor or against. He stated after conducting many assessments after .Jeanne and Franccs, and now Wilma, he stated most engineers are aware of the Florida Administrative Code that does not allow these typcs ofstrllcturcs to bc attached to thc l1lobile hOl1le unless the manul'acturer ol'the mobile home specifically allows it. lie staled the vast majority of the damage that has occurred is because it has not been constructed properly according to engineering plans or installation drawings. 5 '-' ~ Mr. Forrest Smith, State Certified Contractor, stated he was told the 4th wall issue was over ruled mainly due to pressure ITom the public. He sated the 4th wall is very necessary. He explained the reason for the 4th wall and the attachment of the wall and structure. He stated he has found that attaching the 4th wall solves the issue of losing the roofs. He said the problem is doing it site specific and this may cost around $600.00. Mr. Fred Thompson, Savanna Club, addressed the Board and stated he was against the proposed restriction. He stated the residents in the area needed to have their repairs done and it was difficult to get a contractor to do any work in St. Lucie County due to the restrictions and the permits. Com. Hutchinson addressed some of the comments made. She reminded those present that last year the Commission members received many phone calls following the Hurricanes and the Board made changes attempting to assist those contractors and residents who felt they needed prompt attention to the problem ofreconstruction of aluminum structures. She stated the reason for this issue being placed on the agenda was when she visited the EOC this was one of her main concerns and requested ITom staff infonnation as to where they were with damage to mobile homes. She does not want a repeat of what they went through last year whether it be in pennitting lines, the timing of the pennits. She only wished to come out ITom the beginning that once they were going to state what was required, they were not going to make any changes at mid stream. Mr. David Hessler, Savannah Club resident, addressed the Board and stated he felt one of the problems is the area is going under a building boom and this is draining the ability for homeowners to get any repairs done. It is more lucrative for new construction. Mr. Richard Moore, Representing the Treasure Coast Aluminum Association addressed . the penn its and stated previously the code department gave pennission to put up car ports without pennits and the association was against this and the outcome was they do not know how they were put up. The designs were minimum designs that did not meet the Florida building codes. They were attempting to get the structure up. Mr. Moore asked when they had stopped issuing pennits. The Code Compliance Manager stated right after the hurricane on Tuesday. Mr. Moore stated their main interest was to get the lives of those residents in need back together and trying to stay in business and getting these pennits out until a rationale decision can be made. The Code Compliance Manager stated they always receive the complaints that the county is holding up the permits and this is not the case. The department has over 100 pennits in [he omce and are waiting for the contractor to get hack to the department with the proper information. Com. Coward questioned the amount ofthe structures that were not properly constructed or pennitted. The Code compliance Manager stated approximately 40%. Com. Coward stated he felt it was unfair to place a stop work order at this time especially to those who have pending permits. He would think existing pennits would be pennitted to proceed. He felt more infonnation was needed and everyone involved should be sitting down hringing rorth recommendations. without all the necessary inrormation he is no! willing to placL: a slop work onkr/permits associated with aluminul1l strllclllrL:s. I It: does not wish to place a moralorillt11 on restoration elTorts. Com. Smith stated his concern was, do you pay the extra burden today and hope when the next hurricane comes you are protected versus continuing the same process and another hurricane hits the area the same thing happens again when it can be taken care of once and for all. 6 '- ...I He is ofthe idea to go with the Florida State Code and move on. Com. Coward suggested obtaining recommendations before the January I st deadline. Com. Craft stated they would be doing a disservice if they do not speed up the process now. Com. Coward suggested a workshop to hear more detail. Com. Lewis concurred with the workshop and asked which permits were in. The Code Compliance Manager stated they only have permits for hurricane Jeanne and Frances, none for Wilma. Com. Hutchinson asked ifhe knew how many permits are in the pipeline for the two hurricanes and how many of those are not including the 4th wall construction. The Code Compliance Manager stated he did not have the exact numbers. Com. Hutchinson asked the representatives get together and bring something back by November 15th. The County Administrator asked the Board reconvene at 1 :30 p.m. on the 15th to hear this Issue. Com. Hutchinson asked if direction could be given to the Code Compliance Manager that the permits which are in re: Frances and Jeanne that they be permitted to go through the ., pipeline and those that do not include the 4th wall that those be given an additional week. Com. Craft stated on the fairness side for those who have submitted the permits under the old guidelines be permitted to go through with the process and any new permits should require the new guideline. Com. Lewis concurred with proceeding. She asked what would be the time frame for obtaining another set of plans. The Compliance Manager stated two to three weeks for the new plans. It was the consensus ofthe Board to direct staff to move forward with the new engineering plans. The Code Compliance Manager statcd he would set up a meeting early next week with the representatives from the communities involved and the association representative to look at the problem and come back to the Board with a resolution on the 15th and present their findings. Mr. Dale Thornberry Treasure Coast Exteriors asked the Board give permission to continue with the existing permits. He has replaced 150 structures without the 4th wall and did not have one failure. If the existing permits are delayed he will need to layoff employees. Com. Coward stated he does not have conclusive evidence that the 4th wall is the solution they need more information. He does not believe it is fair to create a moratorium with insufficient information. I-Ie believes they should continue with the existing rules in dlèct until there is suf1icient evidence to change them. Com. Craft stated he would prefer to move forward with the permits already in the pipeline Com. Smith respectfully for the record disagreed and stated they would be discussing the same issue this time next year if they did not follow the code 7 '- ,."., Com. Coward stated they should continue issuing permits until they have received sufficient information showing they should change. Com. Hutchinson concurred only because she received a guarantee :ITom contractors that they would be bringing infonnation and recommendations forward ASAP. However, if this takes unti I January she will rescind her concurrence. Com. Lewis stated they should keep moving if they can come up with a solution quickly. Com. Hutchinson asked those present to contact the Code Compliance Manager as to a date for the meetings and bring back something to the Board they can agree to on November 15, 2005 at 1 :30 p.m. 6. PUBLIC WORKS Request to add two additional Contractor Licensing Investigators, Color Printer, two PC's with Flat Panels, and two 4 WD Liberty Vehicles to the Code compliance Division- Consider staff recommendation to approve positions POS No. 06-069 and POS No. 06- 070 and Equipment Request No. 06-217, EQ 06-218 and EQ06-2l9 . It was moved by Com. Smith, seconded by Com. Craft to approve staff recommendation, and; upon roll call, motion carried unanimously. 7. This item was moved to 91 under public hearings. 8. COUNTY ATTORNEY (2-1779) ., Debris Removal from Private Rights of Ways- Ratification of Emergency Order issued by the County Administrator- Consider staff recommendation to adopt Resolution No. 05-408 as drafted and aùthorize the Chairman to sign the resolution. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 05- 408 and authorize the Chairman to sign, and; upon roll call, motion carried unanimously. 9.A PUBLIC WORKS (2-2400) This was a public hearing to review the application request of Mabel Groves, LTD Inc., (South Plant) for a mining permit renewal. This request was to seek Board approve for a Class II mining pennit for a period oftwenty years- Staff recommends approval of a Class I I mining permit for twenty years to be updated every 24 months subject to the conditions. Mr. Dennis Mealey, representing the applicant, addressed the Board and their questions. The County Engineer addressed the conditions and hours of operation. Com. Craft asked if the blasting could be limited to 2 specified days a week into the condition. The petitioner agreed to do the blasting on Tuesdays and Thursdays and he also stated the crushing hours would hc thc same as the north pit. The l10ard was advised the hours of operation would he the sallle as the North Pit as approved last year. Mr. William Gray, Land Planner for Emsca Homes addressed the Board and expressed his concern with the construction of those homes in close proximity to the mine. He was concerned about the blasting hours and how they may affect the new residents. He asked the Board to consider including something in the review process and add to the conditions. 8 '-' ...., Mr. Pamela Hammer, Reserve addressed the Board and asked the fact that a mine is in the area be disclosed to the potential homeowners in the agreement of sale. Com. Craft advised Mr. Gray that it was entirely up to the State Fire Marshall to decide whether or not they can blast it is not up to the County. It was moved by Com. Craft, seconded by Com. Coward to approve staff recommendation with the changes to include the specified 2 days of blasting (Tuesday and Thursdays only), and; upon roll call, motion carried unanimously. 9.B COUNTY ATTORNEY (2-2924) Petition for Abandonment - Abandon a portion of a 60 foot right of way known as Grose Road- Resolution No. 05-379- Consider staff recommendation to approve Resolution No. 05-379 instruct staff to publish the final Notice of Abandonment, record Resolution No. 05-379 Proof of Publication of the Notice ofIntent to Abandon, Proof of Publication of the Notice of Abandonment in the Public Records ofSt. Lucie County. It was moved by Com. Coward, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. 9.C GROWTH MANAGEMENT (2-3539) Consider a privately re-submitted amendment to the Future Land Use Plan Map requested by John DiSalvatore(The Preserve) to change land use designation of a 75 acre parcel located generally west of Angle Road, east of Canal 29 and Westwood High School, , north of Metzger Road from IND use to RH land use (maximum 15 units per acre)- Consider staff recommendation to deny this plan amendment application for transmittal to the Department of Community Affairs. The applicant has proposed implementing landscape buffering and building setbacks separation measures in consideration of the surrounding industrial area. The applicant is also proposing an affordable housing initiative to the proposed project. In addition, the area to the immediate west will be involved in a comprehensive neighborhood planning process over the next several months in consideration of the transitional land use character along the N. Jenkins Road corridor study area. The Special Project Manager addressed the Board on this petition. The Board disclosed this being a quasi-judicial matter and they had spoken with the representatives of this application. The Board was advised the Planning and Zoning Board recommended denial of this petition. At the October 20th meeting residents of neighboring businesses expressed their concern with receiving noise complaints from the nearby residents. Also, a site plan has not been made available for review. Mr. Jonathan Ferguson, attorney for the petitioner, addressed the Board and asked this application be transmitted to the Department of Community Affairs. He stated while the Department if reviewing the application for comments, the petitioner will be working on a conceptual plan to be presented. Mr. Jan Stewart partner in the project, addressed the Board and stated they would create additional burfers i I' necessary between the businesses and the residents. He is committed to work with the county stafTto have attainable housing ror the workrorcc in the county. Mr. Mathis, Thomas Lucido and Associates addressed the Board with the plan orthe proj ect. Mr. Keith Munday, lender, addressed the Board and explained the financing available through the SHIP and the 10/10 program. 9 '-' ...., Mr. Robert Chandler, Fish Kind and Associates, addressed the job creation this project would provide. Public Comments Mr. Doug Davis, Richard Davis Co., addressed the Board with regards to the traffic problem he believed would occur with the intersections of Metzger and 39th St. Mr. Chris Lange, Angel Road resident, addressed the Board and stated ifthe project was done according to the statements received, he could support it. Ms. Susie Caron, Indrio Road resident, addressed the Board and stated the compatibility and concurrency issues needed to be addressed. Mr. Ralph Jensen, Angle Road business owner, addressed the Board in opposition. Mr. Jay Maycumber, Indrio Road resident, addressed the Board regarding the concurrency Issue. Mr. Jamie Hurst, Mimosa A venue, addressed the Board with his concerns about the infrastructure and traffic. Mr. Jonathan Ferguson, addressed the comments made and alluded to the Land Use Amendment and stated they would be coming back to address the infrastructure. Mr. R. Duke Nelson, Ft. Pierce Commissioner, addressed the Board and stated the , infrastructure should be in place and paid for before so that it does not affect residents in the future. Com. Hutchinson stated concurrency cannot be tied to the transmittal and she reminded everyone that the transmittal does not commit the county. Com. Smith stated he drives by the area due to where he resides and he commends the developer for his presentation. He would like to see the area better developed that what it presently is today. Com. Coward stated the key issue is protecting existing businesses and mainly affordable housing. He is not sure where you would place affordable housing ifnot in this type of an area. He suggested possibly pushing the developing back further in order to have sufficicnt huffcrs to make the dcvelopmcnt suitable for the area. Com. Lewis, stated affordable housing issue is the most important issue at the moment and an honest effort needs to be made to make homes available to the workforce, she likes the concept and will support the project. Com. Craft stated affordability is the only reason he would consider this project. However he is concerned that the improvements needed may push it out of the affordability status. He felt the developer does not know the cost of currency at this time and he would like to see the site plan adopted early. Con. Hutchinson stated she concurred with Com. Craft and will insist on having a plan in /ì"ont of the Board addressing concurrency issues and would have a better comfort level if [he density was less than 15 units to the acre. It was moved by Com. Smith, seconded by Com. Lewis, to ,tpprovc transmittal of this application, and; upon roll call, motion carried unanimously. 10 '-' ...., 9.D GROWTH MANAGEMENT (4-374) Continuation of public hearing for an amendment to the Future Land Use Map requested by Jeffrey Freedman, to change land use designation of a 40 acre parcel located on east side of S. Kings Highway north of and adjacent to Ft. Pierce Jai Ali fronton from Commercial Land Use to Residential Medium. Consider staff recommendation to not transmit this amendment to the Florida Department of Consumer Affairs. Mr. Dennis Murphy, Culpepper and Terpening project manager, addressed the Board on this issue. Mr. Paul Jacquin, addressed the Board and expressed his concerns with the residents utilizing Copenhaven Road and creating a traffic concern. He is also concerned with the drainage problem in the area. Ms. Carol Daniels, area resident addressed the drainage problem in the area and presented pictures of the flooding which occurred the recent rains. Com. Coward stated he supported staff recommendation and felt other residential areas are available. He also advised everyone that he has heard from those who are interested in the Research Center. Com. Lewis stated they needed commercial areas around Kings Highway. It was moved by Com. Craft, seconded by Com. Coward to deny the transmittal of this amendment, and; upon roll call, motion carried unanimously. .. 9.E. GROWTH MANAGEMENT (4-1214) Consider adoption of Resolution No. 05-354 transmitting the application of Quail Meadows LLC for a change in Future Land Use Designation from RS to RU to the Florida Department of Community Affairs for review. If approved the amendment would change the designation of114 acres located approximately 1.5 miles west of the intersection of Kings Highway and Angle Road- Consider staff recommendation to adopt Resolution No. 05-354 transmitting Quail Meadows LLC petition for a change in Future Land Use Designation from RS to RU to the Florida Department of Community Affairs for review under Chapter 163, Florida Statutes. The Board members acknowledged this being a Quasi-Judicial item, they have met with and have spoken with the petitioner and their representatives. Ms. Noreen Dwyer, attorney for the applicant, addressed the Board. Ms. Julia Schewchuk, Jordan, Jones and Golding, addressed the Board and gave them a review of the project. The Board members commended this project. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 05- 354, and; upon roll call, motion carried unanimously. 9.F GROWTH MANAGEMENT (4-2084) Application or Florida Municipal Power Agency for a Conditional Use permit and Major Site Plan approval to allow the construction of a 1200 Megawatt natural gas fired electric generation plant. In the U. Zoning District. Consider staff recommendation to approve Resolution No. 05-388 approving the Conditional Use and Major Site Plan for the proposed Florida Municipal Power Agency 1,200 MW gas fired power plant located off Glades Cutoff Road. The Planning Manager read the 3 new conditions added. 11 '- .."",¡ Mr. Dennis Murphy, Culpepper and Terpening project manager addressed the Board on this issue. Mr. Ed Leon Gomez, FPUA addressed the benefits to the residents. Mr. Roger Fonts, General Manager and CEO of the Florida Municipal Power Agency addressed the Board's questions on this issue. Mr. Douglas Roberts, Attorney addressed the Board on this issue. The Environmental Manager addressed the question on the emissions of carbon dioxide. Com. Coward requested continuing contribution due to the affects of the emissions on the trees and surrounding area. Mr. Bob Benton, Mayor of the City ofFt. Pierce, addressed the Board and stated the residents ofFt. Pierce are stockholders in this plant and the power in Ft. Pierce was quickly restored after this past stonn due to the partnership. He asked the Board to move fOlWard and approve this request. Mr. John AIde, VP Economic Development Council, addressed the Board and read a statement from the Board of Directors in support ofthe development of the power plant. Mr. Dan Qualik, Regal Circle resident asked what the affects of the emissions from the plant would have on the immediate residents. . Mr. JeffBorsman, area resident, addressed the Board and stated he was not satisfied with the answers concerning the detrimental affects he would be receiving since his home is down wind trom the project. He would like to have more infonnation on the emissions. Ms. Arlene Goodman, White city resident addressed the Board in favor of the project. Mr. Craig Mundt, Hutchinson Island resident, addressed the Board with his concerns. Mr. Stickels, St. Lucie County resident addressed the Board and stated he agrees with the location and asked how many people it would serve. He stated however, they did need to look at the combined emissions trom this plant and FPL. Mr. Charles Grande, South Beach Association addressed the Board and stated this was the right location and the right technology was being utilized. J-Ie asked FPL to take a lesson on the plant proposed and that this plant will produce less than 1 % of mercury than the FPL proposed plan. Mr. Roger Fonts, CEO addressed the public concerns and advised the Board they would accept the condition to go on line with the waste water treatment plant as soon as it becomes available. Mr. Doug Roberts Attorney for the petitioner, advised Com. Coward they would modify # 4 and include a $75,000 a year contribution for 20 years for use by they county for the purchase of sensitive lands. They also would accept the additional condition regarding he use of water. They will accept approval of 2 of 4 units to begin with and will come back to the Board on the other 2 or whatever is necessary to obtain approval and they are aware that the rucltype will be defined and irthcrc was a change it would require an amendment fì'om the Board. It was moved by Com. Craft, seconded by Com. Coward, to approve the Conditional Use Pel1l1it and Major Site Plan to includc the added stipulations as stated, and; upon roll call motion carried unanimously. 12 \w ....,J 9.G GROWTH MANAGEMENT (6-006) Consider Draft Resolution No. 05-357 granting Preliminary Planned Unit Development approval for the project to be known as River LandingO PUD for property located on the ease side of South 25th St.- Consider staffrecommendation to approve Draft Resolution No. 05-357. Mr. Albert Moore, attorney for the applicant, addressed the Board on this item. The Board disclosed having contact with the applicant's representative- Quasi-Judicial. Ms. Arlen Goodman White City resident, addressed the Board in objection to the 99 plus proposed townhomes in the area and addressed the flooding in the area. Mr. John Ferric, North Fork Property Owners Association addressed the Board in opposition to the project. He also addressed the flood plain issue. Mr. Doran Russell, Midway Road resident, addressed the Board in opposition to the project and sated he also was speaking in opposition on behalf of Mr. King and M/M Cappobianco. Ms. Patricia Ferrick, 25th St resident, addressed the Board in opposition to the project due to it being in a flood plain and stated it was inconsistent with the area and the land development code. Mr. Hal Jens, principal developer ofthe project,. addressed the Board. ., Com. Craft stated he felt the County Engineer needed to review the project again and would like further review from staff. Com. Hutchinson stated she would like more infonnation trom staff on the flood zone area and also the traffic impact study. Com. Smith suggested proceeding with the public hearing tonight. Com. Coward stated he would like to see the site plan and would like to understand how the drainage issue would be dealt with and din what detail. The Engineer for the project addressed Com. Coward's questions on the drainage. Com. Coward stated there is compatibility issue here as well as the character of White City community and believes the plan need to be improved and he would also like an inventory of the houses in White City. It was moved by Com. Craft, seconded by Com. Coward, to continue this public hearing on November 29, 2005 at 6:00 p.m.or as soon thereafter due to possible changes proposed,"and; upon roll call, the vote was as follows: Nay: Smith, Aye's: Coward, Craft, Lewis, Hutchinson, motion to continue carried by a vote of 4 to 1. 9.H GROWTH MANAGEMENT (7-0500) Consider the petition of Kathy Sue and Susan J. Brumley to define a Class A Mobile Home as a detached single family dwelling unit to he placed on 9.56 acres of land located at 5221 Emcrson Avcnuc in till: AG-I zoning district- Rcsolution No. 05-38Ú. It was movcd by Com. Cran, sccondcd by Com. Lcwis to approve Resolution No. 05- 386, and; upon roll call, motion carried unanimously. 9.1 COUNTY ATTORNEY (7-545) 13 '-' ..,,¿ Emergency Ordinance No. 05-038- Debris Removal from Private Right of Way- Consider staff recommendation to approve Emergency Ordinance No. 05-038. It was moved by Com. Coward, seconded by Com. Craft, to approve Ordinance No. 05- 038, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. '. 14 '-' ..." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Datt.:: November R. 2005 Tape: 1-4 Convened: <):00 a.m. Adjourned: 10:40 p.m. Commissioners Present: Chairperson, Frannie Hutchinson. Paula A. Lewis, Doug Coward, Joe Smith, Chris Cralì Others Present: Doug Anderson, County Administrator, Ray Wazny, Ass1. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Mike Brillhart, Special Projects Manager, Don West, Public Works Director, Pete Keogh, Parks and Recreation Director, Marie Gouin, M & B Director, Ed Parker, Purchasing Director, Mille Delgado-Feliciano, Deputy Clerk I. MINUTES (1-024) It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meeting held November 1,2005, and; upon roll call, motion carried unanimously. 2. PROCLAMA nONS/PRESENT A nONS ^. !{esollllion No. 05-401 Proclaiming November 15,2005 ;IS "Philanthropy Day" in 51. Lucie County, Florida. '. It was moved by Com. Coward, seconded by C0111. Craft, to approve Resolution No. 05- 401, and; upon rol1 call, motion carried unanimously. B. Cris Adams, United Way's School Supplies for Students Coordinator, recognized the Board of County Commissioners employees for their donations during the drive. C. Resolution No. 05-419 Proclaiming the week of November 6,2005 through November 12,2005 as "V eterans Awareness Week" in S1. Lucie County, Florida. It was moved by Com. Craft, scconded by Com. Smith, to approve Resolution No. 05- 41 <), and; upon rol1 call, motion carried unanimously. D. Board Presentation- The County Administrator presented the 23rd Annual Chili Cook Off Awards. E. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS Ms. Patricia Ferrick S. 25111 Street resident, addressed the Board in favor of the building of the special needs shelter at the Fairgrounds. Sheriff Ken Mascara addressed the Board and presented a check in the amount of $1,147,397.70 for reimbursement from FEMA also he presented interest earnings on his 04/05 budget in the amount of $ 135,449.50. Com. Smith addressed the law enforcement issues for the COPS MORE grant for 10 new road deputies. TilL: SlwriJT addrL:ssL:d tilL: alllount or tilL: grant and thL: match and what was donl' to ;dTÖrd the 10 deputies nL:cclcd. '-' ...." Com. Craft stated he did not have a problem with Com. Smith's suggestion to return the interest monies to <lssist in the funding of the 10 deputies. ('om. Coward and ('0111. I.cwis concurrcd with the suggestion. ('om. Ilutchinson asked this he placed on thc next mcetings agenda. The Sheriffth<lnked the Board for their support. The County Attorney suggested conceptually approving the grant application and then waive the return and direct the Budget Director to take whatever action necessary to" make the budget conform to the action. It was moved by Com. Smith, seconded by Com. Craft, to conceptual1y approve the grant application, waive the return and direct the Management and Budget Director to take necessary action as direction, and; upon roll call, motion carried unanimously. 4. CONSENT AGENDA (1-110) It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agcnda, and; upon roll call, motion carried unanimollsly. I. WARRANT LIST The Board approved Warrant List No.5. 2. COUNTY ATTORNEY ., A. Resolution No. 05-413- extending the State of Emergency for Hurricane Frances; and Resolution No. 05-414 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-413 and Resolution No. 05-414. B. Resolution No. 05-415 extending the state of emergency for Hurricane Wilma- The Board approved Resolution No. 05-415. C. Contract for Sale and Purchase- Midway Road Widening Project- Mr. & Mrs. Fagan- Tax lD 3403-502-0168-00/2- The Board approved Contract for Sale and Purchase fro Mr. & Mrs. Fagan for the purchase price of$ I 50,000., authori/.ed the Chairman to sign the Contract and directed starTlo proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. D. 2005 Florida Department of Law Enforcement, Office of Domestic Preparedness Homeland Security Grant Program Law Enforcement Terrorism Prevention Grant- The Board authorized the Chairman signing the Certificate of Acceptance of Sub grant Award. E. Request Permission to Advertise- Public Hearing - Petition to abandon a portion of a 60 foot right of way known as South ill St., - The Board approved advertising a public hearing to be held on December 13, 2005 at 9:00 a.m. or as soon thereafter as possible. F. Permission to Advertise- Ordinance No. 05-041 Firearms for public hearing on December 13, 2005 at 9:00 a.m. - The Board approved advertising the pub1ic hearing. Cì. Contract for Sale and Purchase- Inelrio North Savannas- Chadwick, Howes, DiPietro, Loftus- Parcel 170- The Board approved the Contract for Sale and Purchase for Parcel 170 for the purchase price of$135,000 authorized the Chairman to sign the Contract and directed 2 n/04/05 FZABWARR FUND OO~ 001:1.66 001175 0011BO 00125'/ 001310 001B14 101 101002 101003 101004 101006 102 102001 103 105 107 107001 107002 ~07003 ~07005 ~~~ ~~2 113 1~6 :1.:1.7 ~~B ~19 :1.20 :1.21 ~22 ~23 126 ~27 ~28 129 UO 136 U8 :1.39 ~40 142 :1.50 160 162 ~83 \.r' ST. LUCIE COUNTY - BOARD WARRANT LIST #5 - 29-0CT-2005 TO 04-NOV-200S FUND SUMMARY TITLE .' Genera~ Fund Section 112!MPO!FHWA!P1anning 05 Urban MIL Grant FY06 US Dept IIouaing IIUD Shelter Plus Gr TDC Planning Grdnt F/Y 06 Dep Innovdtive Rocyc1in!Wastc Radu Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/BO% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Law Enforcement MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E9~1 Sur char Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Legal Aid River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund Sunland Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday pines Fund 'The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU'· Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Port MSBU Development Fund Impact Fee Collections :Plan Maintenance RAD Fund Tourism Dev-5th Cent Ct Administrator-19th Judicial Cir .' EXPENSES 1,940,661.20 438.73 100.73 7,323.97 62.04 32,705.51 103.37 3,889.64 25,798.99 3,095.35 5,380.48 61,295.00 ~3,755.14 2,675.69 2,~45.00 2,350.00 3,O~2,~51.5~ 384.~4 1,292.03 44.72 ~5,557.60 53.00 ~2.00 5.00 n.oo 526.14 ~1. 00 4.00 732.72 16.00 4.00 3.00 18.00 6.00 3.00 4.00 5.00 13,825.00 1,2~6.00 29.00 3.00 ~4.00 11,968.71 39.00 73.41 714.07 236.00 633.68 14 ...,,; PAGE PAYROLL 684,133.73 5,856.09 1,351. 37 0.00 322.50 0.00 1,351.37 44,940.33 60,097.97 41,396.75 25,624.39 0.00 66,~51.90 7,026.40 0.00 0.00 ~77,849.94 ~,496.41 3,732.67 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,416.95 0.00 1,049.60 6,503.00 0.00 0.00 1 .. 11/04/05 FZABW.~'<R FUND 183004 183006 185004 185006 185008 234 262 282 295 315 370001 37002 37003 37004 39005 39010 401 1~8 42~ 441 418 449 45~ 458 478 479 481 491 505 505001 610 611 625 630 666 681 682 683 688 689 690 691 694 802 '-" ST. LUCIE COUNTY - BOARD WARRANT LIST #5 - 29-0CT-2005 TO 04-NOV-2005 FUND SUMMARY TITLE Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY03/04 FHFA SHIP FY05/06 FHFA Hurricane Housing Recovery Driftwood Manor I&S Fund Tourism Dev 4th Cent I&S Fund Environmental Land I&S Fund River Branch I&S Fund County Building Fund Academy Drive MSBU West First Street MSBU Capital Smallwood MSBU Grey Twig Lane MSBU Sunland Gardens MSBU Capital Greenacres MSBU Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-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 '~roperty/Casualty Insurance Fund Tourist Development Trust Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund SLC Economic Development Trust Fund King Orange 2 Skylark 2 Revels Lane 1 Briargate MSBU Rouse Road MSBU Treasure Cove/Ocean Harbor S MSBU North AlA MSBU Raintree Forest MSBU Utility Administration Fund GRAND TOTAL: .- EXPENSES 323.17 640.96 349.25 165.67 225.30 320.00 1,172.00 1,633.00 9,591.83 53,397.74 1.00 6.00 8.00 9.00 677.00 50.00 1,278,129.24 14,185.12 0.30 4.42 0.89 2.95 692.03 55.90 1,050.60 8,902.88 6,999.34 109.95 2.36 7,442.16 84,551. 88 176.45 1,432.00 11,876.86 23,511.57 17,625.61 85.00 4,916.03 3, 712 . 11 6,220.29 3.00 10,461.29 19,853.54 9.00 6.00 29.50- 6,731,935.76 ...., PAGE PAYROLL 3,140.71 0.00 0.00 2,255.08 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 74,150.69 2~,931.33 0.00 0.00 0.00 0.00 1,255.83 738.59 14,195.78 8,205.59 1,620.18 1,442.07 0.00 87,024.43 2,647.31 2,356.06 0.00 4,000.08 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,369,765.10 2 .' '-' ..""" staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. H. Aircraft Rescue Fireiíghting- The Board approved the lnterlocal Agreement with St. Lucie County Fire District and authorized the Chainllan to execute the agreement. 3. PUBLIC WORKS A. Pennission to Adveliise 20 Public Hearings- The Board approved advertising 20 public hearings stating the County's intent to use the unifon11 method of collecting non-ad valorem special assessments which may be levied by the corresponding municipal service benefit units to beheld on December 13,2005 and 9:00 a.m. B. Navajo Avenue South MSBU- Interlocal Agreements with the Ft. Pierce Utilities Authority and the City of Ft. Pierce to provide potable waler- The Board approved the Interlocal Agreements and authorized the Chairman to sign. C. Sun land Gardens Phase 2 MSBU- Tnterlocal Agreement with P1. Pierce Utilities Authority and the City ofFt. Pierce to provide potable water to the Sun land Gardens Phase 2 MSBU - The Board approved the In1<:l"Ioc;¡\ ^greclllcnts and authorized the Chairm,1Il to sign. D. Chan~c Order No. I to contract with Dickerson Florida, Inc., in the ;\111OU~1t oi"$49,:ì4').5:ì- SR (d 5 S. 25'11 Roadway Widellillg- The Board approved Change Order No, 1 to the contract with Dickerson Florida Illc. rÖr modilication oCplan quantities to fiteilitate construction and authorized the Chairman to sign. .. E. Award of Bid No. 05-114 Sunrise Blvd., culvert replacement of Canal No. 10 project to Johnson-Davis Inc., in the anlOunt of $228,260.00- The Board approved the awarding of Bid No. 05-114 to Johnson Davis in the amount of$228,260.00 establish the project budget and authorize the Chairman to sign the contract as prepared by the County Attomey. F. Second Amendment to Work Authorization No. 16- COO-11-1 79- The Board approved the second amendment to Work Authorization No. 16- COO-l1-179 for Soil Testing Services with Dunkelberger Engineering & Testing for the sole purpose of a time extension in which all work shall be completed on or before March 31, 2006 and signature by the ('¡:Ii r. 4. PARKS AND RECREATION A. Approval of the Sixth Amendment to lnterloeal Agreement- Traffic Control and Security at the S1. Lucie County Sports Complex- The Board approved the sixth amendment to the Interlocal Agreement between the County and the City of Port S1. Lucie to provide officers for traffic control and security effective December 11,2005. B. Approval of payment for minor league kitchen eonstruction- The Board approved payment to Rodda Construction in the amount $27,220.00 for minor league kitchen improvements. C. Patio construction at Tradition Field- The Board approved $(¡ó,285.1 0 (0 construction a p;lvilion at Tradition Field. 3 \.r' ...", staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. H. Aircraft Rescue Firefighting- The Board approved the Interlocal Agreement with S1. Lucie County Fire District and authOlized the Chairman to execute the agreement. 3. PUBLIC WORKS A. Permission to Advertise 20 Public Hearings- The Board approved advertising 20 public hearings stating the County's intent to use the unifonTI method of collecting non-ad valorem special assessments' which may be levied by the corresponding municipal service benefit units to beheld on December 13, 2005 and 9:00 a.m. B. Navajo Avenue South MSBU- Interlocal Agreements with the Ft. Pierce Utilities Authority and the City of Pt. Pierce to provide potable water- The Board approved the Interlocal Agreements and authOlized the ('h:lirlllan to sign. C. Sunland Gardens Phase 2 MSBU- Inter!ocal Agreement with Ft. Pierce UtiliLies Authority and the City ofFt. Pierce to provide potable water to the Sunland Gardens Phase 2 MSBU - The Board approved the Inll;rlncal Agreements and authorized Lhc Chairman Lo sign. D. Change Order No. ! to contract with Dickerson Florida, Inc., in the amount of$49,349.53- SR 615 S. 25th Roadway Widening- The Board approved Change Order No.1 to the contract with Dickerson Florida Inc. for modification of plan quantities to facilitate construction and authorized the ChainTIan to sign. '. E. Award of Bid No. 05-114 Sunrise Blvd., culvert replacement of Canal No. 10 project to Johnson-Davis Inc., in the amount of $228,260.00- The Board approved the awarding of Bid No. 05-114 to Johnson Davis in the amount of $228,260.00 establish the project budget and authorizc [he Chairman to sign the conLract as prepared by the County Attorney. F. Second Amendment to Work Authorization No. 16- COO-11-179- The Board npproved the second amendment to Work Authorization No. 16- COO-I I -179 for Soil Testing Services with Dunkelberger Engineering & Testing for the sole purpose of a time extension in whieh all work shall be completed on or before March 31, 2006 and signature by the Chair. 4. PARKS AND RECREATION A. Approval of the Sixth Amendment to Interlocal Agreement- Traffic Control and Security at the St. Lucie County Sports Complcx- The Board approved the sixth amendment to the [nterloca! Agreement between the County and the City of Port 8t. Lucie to provide officers for traffic control and security effective December 1 I, 2005. B. Approval ofpaymcnt for minor ]eaguc kitchen construction- The Board approved paymcnt to Rodda Construction in thc amount $27,2::W.OO ('or III i nor league ki Lchcn i m provemenLs. C. PaLio consLruction at Tradition Field- The Board approved $66,285.1 () to construction a pavilion at Tradition Field. 3 '-' 'w!I 5. ENVIRONMENTAL RESOURCES Budget Resolution No. 05-404- The Board approved Budget Resolution No. 05-404 to allow the appropriation and expenditure of$2,472,863.00 reecived as reimbursemcnt li'olll ¡''orida (·ollll111lnilil.:s Trust, !owal'd thl.: purchase oj" I~nvir()nmentally Sensitive LlIlds. 6. AIRPORT Airfield Lighting Project No. 03-021- Change Order Four- Florida Industrial Electric Inc.- The Board approved Florida Industrial Electric Inc., C)# 4 and authorized the " Chair to execute the CO increasing the contract amount by $25,249.23 and adding on 170 day contract extension to March 11, 2006 for a new contract total of $1,138,802.73 for the Airfield Lighting Rehab Project at the S1. Lucie County International Airport. 7. MANA(ìl~MI~NT AND [3IJDGET A. Budget Resolution No. 05-411 to establish the budget for the FDLE Edward Byrne Memorial Justice Assistance Grant for 2006 in the amount of $57,486.00 - The Board approved Budget Res01ution No. 05-411. B. Budget Resolution No. 05-405 to establish the FY 2006 Budget for a grant awarded by the USDAlNRCS Wetland Reserve Program to be used by the Environmental Resources Department in conncction with restoration activities on the Teague Parcel. ." C. Repayment of$650,000.OO Tourist Development Tax Revenue Note- The Board approved repayment of the outstanding balance including interest earned as of 11-30-2005 and repayment penalty for the $650,000.00 Tourist Development Tax Revenue Note. D. Approval of Budget Resolution No. 05-418- recognizing revenue from the Federn 1 Emergency Management Agency and the State for hurricane related expenses- The Board approved Resolution No. 05- 418 recognizing revenue fi'0111 FEMA and the State for hurricane related expenses. :-:. (j RANTS A. Submittal of a grant application to the Florida Coastal Management Program in the amount of $50,000.00 for a boardwalk and fishing/observation pier, educational/entrance signage, and exotic plant removal at Queens Island. The Board approved the submittal of the grant application, authorized the acceptance if approved for funding. B. Authorize submittal of a grant application to the U.S. Department of Environmental Protection, Office of Environmental Education for funding of no more than $80,000 to be used to develop and construct a $155,000.00 educational exhibit at the Oxbow Eco-Center- The Board authoriï,cd submittal of the grant application and the acccptance if the grant is awarded. C. Grant application to the Florida Boating Improvement Program and the Florida Fish and Wildlife Commission for funding in an amount not to exceed $150,000 to be matched 1:1 will help fund the construction of a shoreline revetment, mooring dock and floating canoe/kayak launch and fishing pier al River Park Marina- The Board authorized submittal of the grant application approved Resolution No. 4 ~ '-' 05-412 authorizing tl1e project manager to administer the grant on behal f of the Board of County Commissioners of St. Lucie County. 9. COMMUNITY SERVICES A. Request for Board approval and authorize the Chair to sign the grant extension to December 15,2005 for the Florida Dept., of Community Affairs Emergency Management Residential Construction Mitigation Program- The Board uuthorized the Chair to sign the grant extension with the 1;lorida Department of Community Affairs to implement the Emergency Management Residential Constmction Mitigation Program. B. Request for Board approval and authorize the Chair to sign the Int(;rlocal Agreement with the Ft. Pierce Housing Authority ()r the ÎnstaJlation of hurricane window barrier on the senior residential units - The Board authorized the Chair to sign the interIoeal agreement with the Ft. Pierce Housing Authority. 10. UTILITIES Approval of Final Payment Application and release of retainage with Ditchdiggers, Inc., for work completed for the Seminole Utility Extension in the amount of$0,339.18- The Board approved the Final Payment AppJication and release of retain age with Ditchdiggers, Inc., for work completed for the Seminole Utility extension in the amount of $60,339.18. '. II. GROWTH MANAGEMENT A. Tourism and Economic Development Division- Grant Request for the Navy UDT Seal Muster XX - The Board approved the proposed grant request for the Nuvy UDT Seal Muster in the amount of $2,000.00 and issue a check 101' this amount. B. Tourism and Economic Development Division- Grant request for the 2005 Southern Kingfish Association National Championship- The Bourd approved the proposed grant request and issue a check for the $2,000.00 . C. Tourism and Economic Development Division- Grant Request from the Treasure Coast Sports Commission for the Southern Kingfish Association National Championship- The Board approved the proposed grant request for the SKA Fishing Championship in the amount of $15,000.00. 12. PURCHASINCì A. Approval of Hurricane Related Purchases- The Board approved the attached list of hurricane related purchases. B. Change Order No.1 for Contract C05-1 0-535 with Deubel Company- The Board approved Change Order NO.1 for Contract C05-1 0-535 with Deubel Co., and authorized the Chairman to sign the change order as prepared by the County Attorney. C. Third Extension to Contract COI-10-146 with Ardaman & Associates Inc., and Contract C01-l 0-159 with RUS Corporation for Environment Scrvices It)r Phase II Contamination Assessment- The Bo¡ml approved the (hird extension to the contracts and aulilori/,t.:s tilt.: ('!wirl1l:m to sign Ihe extension as prepared by Ihe County Altollley. :1 ~ ...., D. Third Extension to Contract No. C01-l 0-145 with Ardaman & Associates Col-10-152 with R.L. Weigt Environmental Consultants, Inc., COI-10-161 with BSE Consultants Inc., and C01-10-189 with Kimley Horn & Associates, Inc., for Environmental Services Phase 1 Assessments and Wetland Delineation- The Board approved the third extension to Contracts COI-10-145, C01-10-161 and COI-10-189 and authorized the Chairman to sign the extensions as prepared by the County Attorney. E. Seventh Amendment to Contract No. C02-04-399 with Tenninix International Company- The Board approved the Seventh Amendment to Contract No. C02-04-399 and authorized the Chairman to sign the amendment as prepared by the County Attorney. F. Award Bid No. 05-110- Purchase & Installation of Hurricane Barriers for FPHA Seniors Residences- The Board approved awarding Bid No. 05-100 to Phoenix Architectural Products for a total amount of $245,389.00 and granted pennission for the Chairman to sign the contract as prepared by the County Attomey. G. Bid No. 05-116 Purchase & Installation of Security Systems-Public Safety- The Board approved Budget Amendment BA 06-107 Equipment Request EQ 06-220, the award of Bid No. 05-116 to the lowest bidder, TCI,LLC for the total amount of $28,834.00 and authorized for the contract to be signed by the Chainnan as prepared by the County Attorney. .. H. Fixed Asset Invcntory Property Record RCl11oval- Thc Board authorized staff to remove the records [¡'om the fixed asset inventory of the BCC. 13. ADMINISTRATION Public Art and Design Coml11ittee- The Board ratified COI11. Craft's appointment ofMr. Cochran to the Public Art and Design Committee. REGULAR AGENDA (J. ADMINISTRATION t 'Ollllllul1ily 13udgd ISSUL: RL:quL:st (C'13IIZ) /Lqjislalivl: ISSUL: Rl:qul:sls. Aullllni/.l: llll: County Administralor to submit the Community Budget Issue Requests and Legislative Issuc Requests to the State Legislature for the following: Funding Requesls: I. Treasure Coast Research and Education Center 2. Special Needs Shelter 3. Emergency Operations Center 4. Orange Avenue Widening 5. Relocation ofUF/lFAS Field Operations 6. Treasure Coast Regional Biosolids Management Facility 7. Kings Highway Widening Legislative Issues Requests: I. Nursing Homes, Assisted Congregate Living Facilities (Hurricane Related) 2. Mobile Ilome Regulations (Hurricane Related) 1. Di:llysis I Jl1its (1lurrical1e Rel:\tcd) 4. IlulTical1e Vegctaliol1/lkhris Rel1loval ill Private COl1ll1lunities al1d Oil Priv¡llG Roads (Hurricane Related) 6 '-' ...., 5. State Trust Funds for SHIP and Transportation Disadvantaged 6. Medicaid Nursing Home and Hospital Billings 7. Health Care Responsibility Act 8. Agency for Health Care Administration <). Grocery Store Chains ( Hurricane Related) 10. County .Iai Is Ilousing State Prisoners It was moved by Com. Lewis, seconded by Com. Coward, to approve submitting the listed requests, and; upon roll call, motion carried unanimously. 7. PUBLIC WORKS Code Compliance Division- 50 I Weatherbee Road- Request for authorization (0 Commence Removal of Unsafe Structure- Consider staff recommendation that the Board reaffirm its previous order on September 21,2004 and authorize staff to proceed with the removal of this unsafe structure and to assess the costs associated with this removal against the real property on which this structure is located. It was moved by Com. Craft, seconded by Com. Coward to approve staff recommendation, and; upon roll call, motion carried unanimously. 8. PUBLIC WORKS Code Compliance Division 3506 Avenue R- Request for authorization to Commence Removal of Unsafe Structure- Consider staff recommendation that the Board reaffirm its previous order on December 21, 2004 and authorize staff to proceed with the rel110val 0 I' this unsafe structure and to assess the costs associated with this removal against the real " property on which this structure is located. It was moved by Com. Smith, secondcd by Com. Craft to approve staff recommendation, and; upon roll call, motion carried unanimously. 9. PUBLIC WORKS (1-2077) Code ('ompli;IIlCC Divisioll- ^ppeal rrol11 the Contractor's Examining Board by Jonathan Oaks- Consider stall rl:Collllnendation to al1irm the order 0 r the COlllractors Examilling Board. The Code Compliance Licensing Supervisor gave a background on this issue and stated Mr. Oaks had reèeived disciplillary action charged with violating Sl. Lucic Coullly Code Sectioll 2-5-19 suhsectioll '), Seclioll 2-5-1 () subsection 12, Section 2-5-19 subsection 13, SCèlioll 2-5-20 subsèctioll J. Section 2-5-20 subsectioll 4, Seclioll 2-5-20 subsection 5, Section 2-5-20 subsection 11, Section 2-5-20 subsection 15. Mr. Mike McSoley, altorney representing Mr. Oaks addressed the Board. He stated the County Board of Examiners he felt their order was not specific enough to comply with 2- 5-21 the last sentence. They had an issue last week and met again to try to clarify it and he felt they have not clarified it sufficient to comply with that ordinance. Not to exceed one year is not a specified amount of time. Mr. McSoley addressed the permits Mr. Oaks had applied for previously, the work completed and the fact that the balance of the work has not been completed due to lack of payment from the homeowner. The Assistant Code En forcement Manager stated the one year period would be acknowkdged as staled il1lhe ordinance. The reason it dOGS not specil'y'\I1 exact date is due lo the fact [hey do l10t know when the state will be responding to the county. The state would dL:Cide iflhey l1ecdcd to takc stcrn action and rcvokc his liccnsc. Wc only suspended his privileges in Ihis county because he did not ¡üllow proper rcquire11lcnts and this was done by our local board. The County Attomey gave the Board the following options: 7 ~ ....., Send this back to the local contracting board and request they clarify a period of time. The Board could affirnl the decision of the Contractor's Licensing Board and could make a recommendation that they further clarify the order to identify a specified period of time not to exceed one year. The County Attorney advised they Board they are a reviewing Board and cannot set times this must be done by the Contractor's Licensing Board and they have done so. It was moved by Com. Coward, seconded by Com. Craft to approve staff recommendation to affirnl the order of the Contractor's Liccnsing Board, and; upon roll call, motion carried unanimously. At this timc, thc Chairperson asked for comments on the Civic Center issue which will be discussed at 6:00 p.m. Ci ly Commissioner Duke Nelson addressed thc Board and stated he npplauded the ract they would he ¡kh\ying this issue until nller 6:00 p.m. It wns moved hy Com. Cownrd, seconded by Com. Cran, 10 continue ilt:ms SA, 10, II and 12 until 6:00 p.m. tonight; and, upon roll call, motion carried unanimously. RCt:ess: Re-convened 6:00 p.m. " 10. ADMINISTRA nON (2-070) SlarT requested the Board's direction on whether to repair or replace the hurricane dnmaged Civic Center. II W~IS IlllJved hy (\nll. ('ow;lrd, secollded hy COllI. SlIlill1. to rCII10Ve (he 1:Il'ility st;lyìllg within the $400,000 allotted by insurance and granted permission to obtain qUütt:s, and; upon roll call, motion carried unanimously. 11. ADMINISTRA nON Special Needs Shcltcr- Staf'frcquestcd direction on the location of the Special Needs Shelter. The County Administrator addressed the requirements for a new facility to be designated as a special neeùs shelter. The County Administrator also reviewed the sites for consideration by the Board sent by the City Manager of the City of Port St. Lucie for the Board to consider. The fol1owing criteria was also discussed: Storm serge R:linlitlll1ooding I )nl11 sn lè.:ty II :1/,11\:11 cOl\sidt:ral ¡Oil Lay down hazard exposure Wind debris cxposurt: Wind design and construction type Funding- They have identified two sources of funding at this time: State 2.5 million from the state budget (August 2008 they must have a certificate of occupancy or these funds go back to the state). Hazard Mitigation grant application $7 million and they believe they will get these funds, also insurance proceeds from the Civic Center can also go towards this facility. 8 .... ...." Cost - known estimated cost Cor the Human Resource Development Center, $ 4.2 million, Lawnwood Complex, $8 million, SLC Fairgrounds $4.2 million. The County Administrator gave the pros and cons of each site and the checklist standing. The Board discussed the locations and the accessibility to the nearby hospitals. The County Administrator commented on the funding availability for the various locations. COlllmissioner Duke Nelson, addressed thc Board and stated the proposed center they, have is in the CRA area and the lìlllding is in place for the project. It has the utility in place and is close to those who would utilize it. He also stated there was room to place a hc1i¡nlll at the location. The Public Saldy Director stated his selection Ii)" the site would be I sl Fairgrounds ~1I1d 211<1 Lawnwood Complex. Com. Coward asked if they were to go with selection two ifhe had any concerns that he would not be able to perform his emergency management duties. The Public Safety Director stated he did not have any concerns about that issue. Com. Hutchinson stated in her opinion they arc down to those two selections. Com. Coward stated he felt the Lawnwood Complex was the best location and would be .~ the best bang for the buck. This facility has a higher price tag because it has more uses recommended. ('0111. IllItchinson sUIted hci'on,; she makes a decision she would nccd [0 know what she would be giving up before taking any Cunds ii'om elsewhere (Harborbranch) and this nccds to be donc with Cull ßoard discussion. The ßoard continucd discussion. It was moved by Com. Craft, seconded by Com. Coward, to locate the special needs shelter in the fonn of a gymnasium at the Lawnwood Complex, and; upon roll call, the vote was as follows: Aye's; Smith, Lewis(with misgivings and hesitation), Coward, Craft; Nays: Hutchinson, motion carried by a vote of 4 to 1. The County Administrator advised the Board he would be going back to the state to get additional funding for the special needs shelter and this would help makeup the shortfall. Com. Craft directed staff to contact the YMCA for their input on programming etc. Com. Smith asked the County Administrator to bring back to the Board the actual needs Master Plan oCthe pairgrounds. Com. Coward stated he would like to have more discussion on the design and it proceeds. 12. PUBLIC SAFETY Special Needs Shelter- Accept the 2.5 million dollar grant from the State of Florida, Contract No. 06CP-4 Y -01-13-01 to help in the construction of anew special needs shelter. It was moved by Com. Coward, seconded by Com. Smith to accept the 2.5 million dollar grant from the State of Florida, and; upon roll call, motion carried unanimously. Break 9 ... ~ .....,; PUBLIC HEARINGS 5.A GROWTH MANAGEMENT (3-0182) Second Public Hearing (continuation [¡'om October 4,2005 meeting) 011 Draft Ordinance No. 05-013 Research and Education Park Overlay Zone. The Special Project Manager addrcssed the Board regarding their request to make changes to the Ordinance. He also advised them of additional changes made as of today. It was moved by Com. Coward, seconded by Com. Lewis, to approve Ordinance No. 05- 013 with the addition oi'the financial institution under conditional uses as alluded to by the Special Project Manager, the additional citation of Florida Statute dealing with the right to farm and the notation on the overlay zone map identifying the urban service boundary, and; upon roll call, motion carried unanimously. 5.B GROWTH MANAGEMENT (30570) Draft Resolution No. 05-353- Paparone Homes of Florida- Preliminary PUD Site Plan- Consider staff recommendation to approve Resolution No. 05-353 Preliminary PUD Site Plan for a project to be known as Sunnyland Farms- PUD. Mr. Bob Raynes, attorney for the applicant, addressed the Board and gave a brief presentation. Mr. Gregg Boggs, Thonws Lucido & Associates, prcscntcd the project and stated their . clubhouse would he a hurricane sheller for the community. Mr. Raynes stated they were still in negotiations with the School District and there have been discussions in possibly providing land for a school site or paying over and above the impact fees for schools. The Board members advised everyone they have met with the applicant. It was moved by Com. Lewis, seconded by Com. Smith to approve Resolution No. 05- 053, and; upon roll call, motion carried unanimously. 5.C GROWTH MANAGEMENT Consider adoption of Draft Resolution No. 05-352 granting Centerline Acquisition, Inc. Preliminary Planned Development Site Plan approval for a project to be known as Ravinia PUD. Mr. .Julian Bryan, attorney It)r the petitioner addressed the Board on this issue. Ms. Arlene Goodman, President oCthe While City Improvement Club, addressed [he Board and referenced a letter sent to the Planning and Zoning Board. Ms. Goodman commented on safety of the children in the area while waiting for a school bus and asked tbe Board to look at asking the developers to designate a safety area for the children. Ms. Dawn Campbell, new homeowner in St. Lucie County, addressed the Board and stated the homes in this new development would be very close to her home. She had been told when purchasing her property the area was a preserve. She asked the developer not place two story homes in her back yard jeopardizing her space. Mr. Greg Johnson, RelicrCourt resident, addressed the Board regarding his family's ¡1\Vl'S(IlH'II( ill till: IWIlIL' (hl'! ¡wilt ill (hL' nrL'a. In till: ClHII\ty rL'cnrds it shnwL'd this 1\'l11nly ;IS prL'scl'vL'. 10 '- .... Staff advised what he may have seen is on the property appraisers map there is open space conservation lands that the City of Port 81. Lucie has behind this property. Com. Coward stated this is within the city limits and not the County's jurisdiction. He advised the Board he was nol aware of the woods ever being placed as a preserve. Mr. Mike Richardson, soon to become a St. Lucie County rcsidcnt, addressed the Board and stated he concurred with the Environmental Department and asked the Board to give the existing neighbors some consideration. Ms. Rona Perry, White City resident, addressed the codc and off site mitigation. She requested the entrance road to the development be relocated to the east side of the property. Mrs. Nora Richardson, expressed her concerns with the visual aspect of the property and the fact two story homes would be built in the area and the density. Ms. Clara Jackson, area resident, stated the ditch has been in existence for 20 or 30 years and beyond it was ranch land. She is pleased they are putting in single family homes as opposed to townhouses. Her only request was they do not use Rainbow Drive as an ingress or egress. Mr. John Ferrick, North Fork Property owners addressed the Board and read a letter into the record. The letter slated they concur with the objection of utilizing Rainbow Drive as ;111 il1gress al1d egress. Ms. Noreen Drwyer, attorney for the ¡¡pplicant, addressed the Board and responded to the , comments made. The applicant had gone through great lengths to develop a quality project. She stated there is not a connection of Rainbow Drivc to this development. It is not an access. The access will be made to avoid the wetland area and they do agree with all the conditions of approval. There will be a change to condition four as to where the applicant would provide bonding ofthe two lanes on Midway Road. They will contribute to the cost of building them instead as per staffs request. Ms. Rebecca Revas, area resident, addressed her concern with the exist they wi II be placing on Christianson Road. C0111. Craft stated the people have a right to develop their property and they are trying to strike a balance between nature and the existing residents. The Board is attempting to preserve as much as possib Ie. He would like to see more 0 f the type of vegetation to be planted and would like to have the diagram to review at the final. ('Olll. ('owmd staled the surrounding area has 4 units to the acre and this projecl is coming in at 2 to the acre so the concerns of density do not make sense to him. The moral to the story is "don't fall in love with your neighbors property" if you don't own it, you do not have property rights there. They have the opportunity to do a good landscape buffering there is a lot of distance between the homes. It is also essential to keep the ingress arid egress as proposed. They have development rights and that includes utilizing public roadways. The Board disclosed speaking with various neighbors- Quasi-Judicial. The developer stated they would lower the height of the two story homes to 30 feet if necessary. ('0111. Lt.:wis slaled she would like to also see l11ort.: illvt.:sligalioll dOI1t.: Oil tht.: wt.:tlalld arc" with Iht.: clltral1Ct.: drive. COIll. Hutchinson concurred and staled ¡rthcy can go back and look at il and also when this cOllles back lor final it be included very detailed the cross section on the landscape plan on the south encl. II "'" .., The County Attorney suggested identifying additional information needed. It was moved by Com. Craft, seconded by Com. Lewis, to approve the Preliminary PUD as amended also requesting the additional information, and; upon roll call, motion carried unanimously. 5.D GROWTH MANACJEMENT Draft Resolution No. 05-351 granting the application of Rose Apciprete for a Conditional Use Permit to aHow the Retail Sale of Liquor in a Commercial, General Zoning District. Consider staff recommendation to approve Resolution No. 05-351 granting the request with the condition liquor be sold between the hours of 7am -11 :OOp.m. in the existing store. Ms. Debra Cline, property owner Crossroads Center, addressed the Board regarding the broken pipe and stated they object to the petition due to the traffic it would cause at this time since the drainage pipe that has collapsed has not been repaired. Com. Coward stated Public Works staff would be working on this matter as early as tomorrow. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 05- 35 I, and; upon ra1l ca1l, motion carried unanimously. 5.E GROWTH MANAGEMENT (4-2012) Consider Draft Resolution No. 05-356 granting a Change in Zoning from the HIRD .~ Zoning District to the PUD and Final Development Site Plan Approval for the project to be known as Ocean Estates. Mr. Bobby Klein attorney for the petitioner, addressed the Board and stated they accepted the conditions. II was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 05- .l)(), ;l11d; UpOI1 roll call, !llo(iol1 carried unanimously. ).F GROWTH MANAGEMENT (4-2238) Rcq uest of Treva Gi Ikey, for a waiver of the fair share of paving costs for the paving of a road accessing a proposed 3-lot subdivision located at 4311 Favorite Road .- Consider staff recommendation that thc requcst bc denied. Mr. Andrew Riddle, staff planner addressed the Board on this issue. Com. Coward stated it a fair share contribution and if anyone is building subdivision, they should pay (heir 1~lir share. Mr. Gary Gilkey, spouse of applicant stated he had a problem with the project being called a subdivision. The widow owning the property, Ms. Swegles lost her home in the St01l11 last year and had to live in a trailer. She had an afTer Üom a developer to build duplexes and she was very upset. Mr. And Mrs. Gilkey offered to buy the two lots and the widow would be building her home with 11llS money. Mr. Gilkey is building two homes on the propeliy he would like to purchase and also Ms. Swegles new home on the other lot since she wishes to remain in the area. They are not developers he has never buill a house in his life. lie is trying to build 3 homes and is being asked to pay $90,240.00 as contribution. If'they are asked to pay this amount, be will not be able to purchase the property. Mrs. Treva Gilkey addressed the Board and stated she felt it was not essential lo pave the mad and the Board can gnll1t the waiver. Com. Coward commented on the minimum contributions required by a subdivision. 12 '-' ....., Com. Hutchinson stated she had a list of names of the residents in the area who do not wish to have the road paved. Also her concern is that the funds are held for lO years and then returned if the balance orthe road is not paved. Com. Coward commented on the calculation of the road improvements fair share. The Road and Bridge Manager gave the procedure on the calculation of requirements between the Public Works Director and himself. Com. Hutchinson suggested continuing this item for further information to be presented by the Road and Bridge Manager. It was moved by Com. Craft, seconded by Com. Lewis to continue this item on November 22,2005 at 9:00 a.111. or as soon as possible thereafter, and; upon roll cal], motion caJTied unanimously. There being no ¡l¡rthel' business (0 he brought before the Board, the meeting was adjoul11ed. Chairman Clerk of Circuit Court .~ 1:1 '-' ...", BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REORGANIZA nON MEETING Date: November 15, 2005 Tape: 1-3 Convened: 9:00 a.m. Recessed 10:30 a.m. Reconvened: 1 :30 p.m. Adjourned: 3:40 p.m. Commissioners Present: Chainnan, 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, Dennis Wetzel, l.T. Director, Don West, Public Works Director, Marie Gouin, M & B Director, Beth Ryder, Community Services Director, Edwin M. Fry, .Ir. , Clerk of. Circuit Court, Millie Delgado-Feliciano, Deputy Clerk 1. PROCLAMA nONS/PRESENT A nONS A. The Attainable Workforce Housing Taskforce made a presentation and requested approval to move forward with the process to create: a Community Land Trust, Inclusionary Housing, Housing Trust Fund and Impact Fee/Regulatory Refonn. Mr. John Franklin, Community Services opened the presentation and introduced those .'0- present. At the conclusion ofthe presentation, Com. Craft expressed his concerns with the impact fee regulation relief as part of the 4 solutions. He requested the telm relief be substituted with the tenn refonn. He also requested more specifications be brought back to the Board. ('0111. ('owilrd slalt:d Iw would like to streamline the process as much H possibl0. Com. Hutchinson suggested the taskforce meet with each individual Commissioner to address their concerns and questions. .' Com. Lewis stated she had many questions and would concur with a conceptual approval to move forward. It was the consensus of the Board to conceptually approve moving forward with the process. B. The County Administrator read upcoming events. 2. GENERAL PUBLIC COMMENTS (1-1400) Mr. Bob Bangert, Holiday Pines resident, addressed the Board and complemented the Board and staff on their accomplishments. Mr. Charles Grande, Hutchinson Island, commended Com. Hutchinson on her perfonnance as Chairperson this past year. 3. RE-ORGANIZAnON A. ELECT THE CHAIRMAN OF THE BOARD ..... 'w1I At this time the Clerk of Court presided and called for nominations for Chainnan of the Board of County Commissioners. It was moved by Com. Hutchinson, seconded by Com. Lewis, to nominate Com. Coward as Chairman of the Board of County Commissioners; and upon roll call motion carried unanimously. A. ELECT VICE CHAIRMAN The Chai1111an presided and calIed for nomination for Vice Chairman ofthe Board of County Commissioners. It was moved by Com. Smith, seconded by Com. Hutchinson, to nominate Com. Craft, as Vice Chainnan of the Board of County Commissioners, and; upon roll call, motion carried unanimously. C. At this time the Board recessed in order to convene as the Mosquito Control Board, the Erosion District and the Environmental Control Board for their re- organization. Re-convened as the Board of County Commissioners D. The Chainnan automatically becomes a member unless designated differently: I. 11. ." Ill. IV. V. VI. VD. St. Lucie County Chamber of Commerce Board of Directors (Hutchinson) Workforce Development Board of The Treasure Coast Consortium (Chairperson) Public Safety Coordinating Council (Smith_ Shared Services Network Executive Round Table (Smith) Tourist Development Council (Smith) Treasure Coast Community Alliance (Smith) Local Government Subcommittee (Chairperson) D. The Chainnan appointed the following Commissioner/s to serve on the following boards/committees for a one year ten11. 1. Alcohol, Drug Abuse and Mental Health Committee (Lewis) II. I3lucway Advisory Committee (Crali) III. Corridor Advisory Group (Craft) IV. Council on Aging (Lewis) v. County Coalition for Responsible Management of Lake Okeechobee and St. Lucie and Caloosahatchee Estuaries (Smith) VI. Friends of the St. Lucie County Library (Hutchinson) VD. Indian River Lagoon National Estuary Program Advisory Board (Hutchinson) V1ll. Land Acquisition Selection Committee (Craft) IX. Law Library Board ofTrustees( Lewis) X. Local Government Subcommittee (Coward, Craft, Hutchinson) Xl. Metropolitan Planning Organization (Smith, Craft, Lewis, Hutchinson) alternate (Coward) 2 '-" ...., XlI. Nineteenth Judicial Circuit Conflict Committee (Lewis) X111. Property & Homeowners Association (Lewis) XIV. Transportation Disadvantaged Local Coordinating Board (Lewis) xv. Treasure Coast Council of Local Government (Hutchinson) XVI. Treasure Coast Regional Planning Council 2 members: Coward and Craft 2 alternates: Smith and Lewis XVII. Value Adjustment Board (Lewis, Craft, Coward) xviii. S1.mrise Theater Board (Hutchinson) XiX. Treasure Coast Community Action Agency Tripartite Board (Lewis) E. Committee Appointments 1. Children's Services Council (Lewis) .'- 11. Cultural Affairs Council (Craft) 111. Healthy Kids (Craft) lV. St. Lucie County Bridge and Expressway Authority (Smith, Lewis) v. Sl. Lucie County Fire Prevention and Control District (Hutchinson, Coward) .' VI. Workforce Development Center (Hutchinson) Vll. Weed and Seed (Coward, alternate Smith) G.. It was moved by Com. Craft, seconded by Com. Lewis, to ratify the above appointments, and; upon roll ca1l, motion carried unanimously. II. ^DVISORY IH)^!W V^('^NCIES Commissioner Joseph Smith It was moved by Com. Smith, seconded by Com. Lewis, to ratify Commissioner Joseph E. Smith's appointments, and; upon roll call, motion carried unanimously. Commissioner Doug Coward It was moved by Com. Lewis, seconded by Com. Craft, to ratify Commissioner Doug Coward's appointments, and; upon ro1l ca1l, motion carried unanimously. Commissioner Paula A. Lewis It was moved by Com. Craft, seconded by Com. Smith, to ratify Commissioner Lewis' appointments, and; upon roll call, motion carried unanimously. 3 w .., Commissioner Frannie Hutchinson It was moved by Com. Craft, seconded by Com. Lewis, to approve Commissioner Hutchinson's appointments, and; upon roll call, motion carried unanimously. Commissioner Chris Craft It was moved by Com. Craft, seconded by Com. Smith, to ratify Commissioner Chris Craft's appointments, and; upon roll call, motion carried unanimously. Code Enforcement Board - Consider staff recommendation to select one at large appointee from the candidate applications. Applicants: Ray Hoffman Arif "Pete" Parupia Mitchell Rech Herb Wells Upon tally ofthc votcs Mr. Ray l-Ioffìnan is the appointed member to the Code Enforcement Board. Com. Coward asked the Board to consider the creation of two new advisory committees, one for "Smart Growth" related issues to plug into the "Glitch Bill" and the other a Task Force relating to the 'Transfer of Development Rights". He asked each Commissioner to appoint 2 persons to each committee. -'- These committees would bring recommendations back to the Board regarding the issues as related to each committee. It was moved by Com. Smith, seconded by Com. Craft to create the recommended Smart Growth related issue committee, and; upon roll call, motion carried unanimously. It was moved by Com. Craft, seconded by Com. Smith to create the recommended Transfer ofDevelopmcnt Rights issues committee, and; upon roll call, motion carried unanimously. 4. CONSENT AGENDA (2-0200) It was moved by Com. Hutchinson, seconded by Com. Craft, to approve the Consent Agenda to include the additions, and; upon roll call, motion carried unanimously_ A. Resolution No. 05-422 Extending the State of Emergency for Hurricane Frances and Resolution No. 05-423 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-422 and Resolution No. 05-423 and authorized the Chainnan to sign. B. Resolution No. 05-424- Extending the State of Emergency for Hurricane Wilma- The Board approved Resolution No. 05-424 and authorized the Chainnan to sign. C. Rupert J. Smith Law Library- Supporting Amchdmcnt of Chapter 2001-325 Laws of Florida to increase membership of Board of Trustees- The Board approved the proposed amendment to Chapter 2001-325 Laws ofFloricla, for presentation to the Legislative Delegation. 4 '-' ..", ADDITIONS CA-I. ADMINISTRATION Continuation of Building Conventionally Built Homes in Spanish Lakes 1, Spanish Lakes Riverfront, Spanish Lakes Fairways and Spanish Lakes Country Club Village- The Board directed staff to accept up to 500 total all parks included building permit applications that would result in the construction of conventionally constructed homes in the following Spanish Lakes Communities; Spanish Lakes I, Spanish Lakes Riverfront, Spanish Lakes Fairways, and Spanish Lakes Country Club Vil1ages. CA.2 COUNTY ATTORNEY Hurricane Wilma- Resolution No. 05-429- accepting Disaster Relief Funding Agreement· with State of Florida Department of Community Affairs- The Board adopted proposed .. Resolution No. 05-429 accepting the Disaster Relief Funding Agreement with the State of Florida Department of Community Affairs for Hurricane Wilma. RECESS: Reconvened: 1 :30 p.m. 5. PUBLIC WORKS (2-0216) .,- Code Compliance Division- Requirements for Aluminum Structures- Staff presented the findings of the November 8,2005 meting to the BOCC. - Consider staff recommendations presented which will result in requiring the replacement of aluminum structure to include 4th wal1 construction design starting on January 1, 2006. The County will provide "Iuminum structure permits for "nyone to use at no cost to the contractor or l1onH.:owner. Contractors will be ,,!lowed to use engineered manuals 1'01' design or site- specific engineering. The Code Compliance Manager and Building Official for St. Lucie County addressed the Board on this issue. He advised the Board there are presently 18,835 mobile units in the County. It has been estimated that approximately $lOmillion in damage to these structures was caused by Hurricane Wilma, 70% in the unincorporated area of the county. Presently there are 150 permits on hold in the Code Enforcement office waiting for the .' required contractor's comments. He advised the Board there will be letters sent to the contractor as well as the homeowner advising the permit is available and if other requirements are needed. COIll. Cntfl stated his diseoml'Ört ill th<.: starting date oCJ¡111l1ary 1,200(, sin<.:<.: th<.: 4th wall has h<':<':11 a r<.:quir<.:m<':111 prior to I ()1)4. COIll. Sniith concurred with Com. CruCt and stated the St¡\te of Florida has implemented this requirement some timc ago and questioned why it was not adhered to sine<.: the time of implementation. He is uncomfortable the county providing lee- way while the state does not and he felt the county and staff is not responsible for providing this additional time. The Code Compliance Manager stated they were implementing this state requirement on January I, 2006 regardless ofthe fact that a hurricane came through the county. He advised the Board of what was done such as reattaching the structure the way it was after Hurricane Frances and Jeanne and the only requirement was having a letter from the manufacturer of the home stating the attachment of such a structure can be made to the home. However if you are going to replace and not repair, then it must meet the building code. 5 '-" ..." PUBLIC COMMENTS Mr. Forrest Smith, Certified State Contractor, addressed the Board and congratulated the Board and stalT in their change in attitude. I-Ie stated he felt the 4111 wall was an important part of the structure. He did not have any failures on his structures with the 4th wall. The wall is needed to keep it from blowing away. Mr. Kim, Engineer addressed the Board regarding the state law and what and what cannot be attached to a mobile home. The state statute is clear that you cannot attach an aluminum structures to mobile homes unless you get written authorization. He also advised the Board of the criteria design for mobile and modular homes, they are not covered under the building code, they are covered under HUD standards which has different building requirements. The Code Compliance Manager read the requirements from the construct all manual. Mr. Joe Cissio, plans examiner for St. Lucie County, addressed comments made by Mr. Smith and the 4th wall requirement. The Larry Bennett Construct Al1 has his own manual <lnd this confirms the letters Crom the manufacturer or the fourth wall construction dctail. Mr. Fred Thompson, Savanna Club, addressed the Board and stated he lives in a manuÜlctured and he believes none o[these homes were blown down. [-Ie also questioned why they arc being dictated to by the Division of Motor Vehicles. .'- Mr. Mike Azuire, Savanna Club, addressed the Board and stated he lost his car port, his screen Florida room and his shed during last year's storm and he has a contractor and if the building standards change at this time requiring a 4th wall he may have to pay and he is topped out at this time. He cannot afford extra expenses. Mr. Richard Moore, President of the Treasure Coast Chapter Aluminum Association, addressed the Board and stated there are too many permits still in the system. Contractors have sold jobs according to what was granted previously. He feels it is unreasonable to start the 4th wall requirement töday. Com. Craft stated any permits that are in the system today can continue as they are, however any new permits applied for should require the 4th wall construction. He stated . this was his recommendation previously and this is his recommendation today. Mr. David Hessler, Savanna Club addressed the Board and stated he is interested in expediting repairs because the insurance adjuster would be visiting his home in the near future. He needs his repairs completed. He has replacement cost in his insurance. Mr. Dale Thornberry, Treasure Coast Exteriors, addressed the Board and stated they build over 150 structures and none had a fourth wall. They did not have any failures after the stOrnl. He also advised the Board that it was difficult for some of the homwwners to obtain a copy of the manufacturer letter after a considerable amount of time has passed. Mr. Arthur Kelly, Savanna Club, advised the Board of the damage to his carport and shed and stated the insurance company does not pay for additional requirements like a 4th wall they only pay f()r what you had, not to improve. . Mr. M ¡chael S:IIll'il1i, 1';11111 I kach ^ IUll1il1ut11 ^ssm;i<ltioll, :Iddrcsscd Ihe Board alHI slaled he docs not believe the 4'11 wall is <IS strong <IS believed. The cost increases when things :11"\; <ldded especially in the cost oJ"nwterials. Mr. Gary Wiggin, contractor addressed the Board and stated the 4th wall requirement is not the answer to eliminate damage. There are many factors that come into play and to provide material that will not blow away will take years to perfect. He believes the Board should take the recommendation ofthe Code Compliance Manager. 6 '-'" .""", Mr. Ray Brewer, Savanna Club, questioned design and asked the Board to consider raising the standards to 150 MPH. He expressed his coneel11S for those individuals who are waiting for contractors. Ms. Kathy Cissio, plans examiner for St. Lucie County addressed the Board regarding the permits. Mr. Craig Reed, commented on the 4th wall and the edge beams and the damage they caused during a storm. Mr. Mike Spar, contractor, addressed the Board and asked the Board to stay on course. Mr. Andrew Waters, addressed the Board and stated a lot of damage is detel111ined by wind direction. Mr. Kim, design engineer advised the Board he hopes to have the design ready by the end of the month. Com. Craft commented on the purpose of the 4th wall. He is trying to minimize the damage and does not wish to see any roofs being ripped or blown off these homes and this is the purpose of the 4th wall. Com. Hutchinson stated she concurs with staffs recommendation today and would move forward. She believes they have come forward with something they can live with. The 4th wall was to go into affect January 1 st as discussed previously. ...... Com. Lewis stated she also support staffs recommendation and it's the best they can do for those who are involved in the process at the present time. Com. Smith stated he concurred with Com. Craft's comments. Com. Coward stated he was comfortable with staffs recommendations that were worked out with the stakeholders group. Com. Coward requested follow up information on the permitting time. Com. Craft requested having the state sign off on the engineers design that this will be acceptable as a state guideline. .' It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay: Smith, Craft, Aye's Lewis, Hutchinson, Coward, motion carried by a vote of 3 to 2. There being no further business to be brought before the Board, the meeting was adjoul11ed. Chairman Clerk of Circuit COllrt 7 '-' ~. ;}Ìj\.d \ (\ I \ 1-::J<'Du. c C·.."t>rrt ì ( G':\ ( C}, øtJ~ BOARD OF COUNTY COMMISSIONERS DATE: 04/28/05 NOMINATION FOR EMPLOYEE OF THE QUARTER NAME: Dorothy Blair, Librarian DEPARTMENT/DIVISION: Library/Acquisitions DepartmentIFort Pierce Branch IS HEREBY NOMINATED FOR THE EMPLOYEE OF THE QUARTER FOR THE REASON STATED BELOW: Mrs. Blair initiated a new literacy program for the Library based on a program established in 1999 called READ (Reading Education Assistance Dogs). The program for St. Lucie County Library is called "Waggin' Tales- it is a reading program designed to help children increase their reading skills. The program benefits children by taking the focus off the child's inability to read and places the child in the position of tutor to help the dog understand. The child reads and explains the story to the dog; the dog's presence removes any stigma about the child's inability to read out loud. Mrs. Blair obtained 200 books from Brodart to use as give-aways as a child completes their frequent reader card. Mrs. Blair put together all of the publicity for the program which included bookmarks with a child reading to a dog; magnets; flyers; press releases, etc. She recruited all of the volunteers for the program; she coordinated the training of the dogs so that they are certified to participate in the program. The program is held at the Fort Pierce and Morningside Branch libraries with plans to hold the program eventually at Lakewood Park and Hurston Branch Libraries. The program has become so successful that there is a waiting list for the next session; Mrs. Blair also had to recruit/train additional dogs due to the popularity of the program. On May 7th the Library will host the first "Pawtograph Party" for the children who have completed the frequent reader card - the children will be given a free book and the dogs will "pawtograph" the book for them. The children will also be allowed to bring in their own books to have the dogs "pawtograph" them. Mrs. Blair serves as a Librarian in our Acquisitions Department - she has performed numerous programs for the library during the summer called "Love on a leash" for our children's department. Mrs. Blair's program shows creativity and is a great community program involving parents, children and library staff and volunteers. , . I /~( ,it'(. /( ; . .I jl ',' ", , " . ; ~' ~ -\. ... ; ~;) . \ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: '-' "WI Agenda Request Item Number Date: 5A 11/22/05 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [X] Quasi-JD [ OJ ~/> Assist. Growth Management Director Consider request of Treva Gilkey, for a waiver of the fair share of paving costs for the paving of a road accessing a proposed 3-lot subdivision located at 4311 Favorite Road on the south side of Favorite Road, approximately 650 feet west of Selvitz Road. Board of County Commissioners Growth Management Treva Gilkey, has submitted a minor site plan application for the project to be known as 4311 Favorite Road SID located on the south side of Favorite Road, approximately 650 feet west of Selvitz Road. The proposed subdivision contains three (3) single-family lots. Mrs. Gilkey has requested that the Board of County Commissioners grant a waiver from the requirements of Section 7.05.07, which require that access roads to new developments be paved. If the waiver is not granted, Mrs. Gilkey would be required to submit fees for the fair share contribution toward paving of Favorite Road. NIA On November 8, 2005, this Board continued the public hearing on this item to November 22, 2005, and directed staff to provide information on how the fair share contribution was calculated. Staff recommends that the request for a waiver from the requirements of Section 7.05.07 be denied. ~ . _ COMMISSION ACTION: 00 APPROVED D DENIED D OTHER Approved 5-0 ¿RRENCE /-r Douglas M. Anderson County Administrator County Attorney I)'ef-ð-"Q.! ¡Of Originating Depl.: Finance: Motion to approve item on basis A. Front Foot Basis Coordinationl Signatures Mgl. & Budget:, .:> Environ. Res. Div. t9'~ I Purchasing: elh,er: ~ (Q;,)ß\\"s~: '-' '" Commission Review: November 22, 2005 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners FROM: Assistant Growth Management Director DATE: November 17, 2005 SUBJECT: Request of Treva Gilkey, for a waiver from the requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the project to be known as 4311 Favorite Road. The proposed 3-lot subdivision is located at 4311 Favorite Road on 6.04 acres of land on the south side of Favorite Road, approximately 650 feet west of Selvitz Road. The developer of 4311 Favorite Road Subdivision is requesting that the Board grant relief from the requirements of Section 7.05.07 of the St. Lucie County Land Development Code, which requires that any private or public roads permitted by the St. Lucie County Board of County Commissioners be paved to St. Lucie County road specifications. On October 3, 2005, Mike Powley, County Engineer and Scott Herring, Road & Bridge Manager, requested that the developer submit to St. Lucie County fees in the amount of $90,240.00 for a fair share contribution for the paving of Favorite Road. The developer of the project does not want to provide the fair share contribution. The applicant has provided letters (attached) delineating the reasons for the request and why it should be granted, and signatures from residents of Favorite Road in support of this request. On November 8, 2005, this Board heard Growth Management's request for the waiver and directed staff to provide information on how the fair share contribution was calculated. On November 16, 2005, Scott Herring provided a memorandum delineating three potential methods for calculating the fair share contribution for 4311 Favorite Road (attached). Staff has reviewed the request for a waiver and believes that all situations involving waivers should be looked at on a case-by-case basis. In reviewing the proposed waiver staff considered the fact that the project is located in the urbanized area of St. Lucie County. Staff is recommending that the request for a waiver from the requirements of Section 7.05.07 be denied and that one of the three calculations be selected to determine the petitioner's fair share contribution. '-' ...." November 2, 2005 Page 2 Subject: Treva Gilkey Waiver of Section 7.05.07 Please let this office know if you have any questions. SUBMITTED: w1fJ~ GiI Backenstoss Assistant Growth Management Director sr cc: Trevs Gilkey File '-" -..,.I PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM DATE: ANDREW RIDDLE, PLANNER J. SCOTT HERRING, ROAD & BRIDGE MANAGER~ NOVEMBER 16, 2005 To: FROM: SUBJECT: FAIR SHARE CONTRIBUTION FOR 4311 FAVORITE ROAD As requested, I have calculated the potential fair share contribution for 4311 Favorite Road three ways. The calculations are done for: A.) Front Foot Basis B.) Trip Generation Basis (aka Driveways) C.) Acreage of Parcels The County Engineer has determined that the probable cost of paving approximately 1000 feet of Favorite Road as $188,000.00. Where appropriate, we have excluded the existing single-family lot for the owner of record, Ms. Swegles. Listed below are the amounts for the potential fair share contribution. A. Front Foot Basis: Total length of road - 940.51 feet. Total Frontage of 4311 Favorite Road Subdivision - 330.17. One Half Cost = $94,000.00 (The north side is responsible for half and the south side of the road is responsible for the other half). Total Fair Share for 4311 Favorite Rd = $34,000.00. Removing Ms. Swegles Frontage of 165 feet leaves a remainder of $16,500.00. B. Trip generation Basis (aka Driveways): Total Number of Driveways required to access Favorite Road is 10 Driveways. '-' "wtI The above includes three (3) driveways from the proposed 4311 Subdivision but excludes the lot at the northwest corner of Favorite Road and Selvitz Road as this lot has access to Selvitz Road and does not require access to Favorite Road. Cost per Driveway = $18,800. Cost for 4311 Favorite Road Subdivision $56,400.00. Removing Ms. Swegles Driveway leaves a remainder of $37,600.00. C. Acreage of Parcels: Total Acreage Required to Access Favorite Rd = 12.62 Acres. This excludes the lots in the Northwest and Southwest corners of Favorite Road and Selvitz Road as these lots could directly access Selvitz. Acreage of 4311 Favorite Road Subdivision as shown on the tax maps = 6.02 Acres. Cost for 4311 Favorite Road Subdivision - $90,240.00. Removing Ms. Swegles proposed Lot of 1.14 Acres leaves a remainder of $72,700.00. If we wish to grant credit for the Right of Way donation for the required right of way to bring Favorite Road to a County Standard of 60 feet, the Applicant would be donating approximately 0.04 Acres to the County. The Currently Property Appraiser information on this entire parcel is that the land is valued at $40,350 per acre. This would have the potential for a credit of $1614.00 including Ms. Swegles Property. At this time, Staff is not recommending that we grant credit for the right of way necessary to have a standard right of way for Favorite Road, as with the donation of this right of way, the County will have a standard 60 foot right of way from the west property line of the proposed subdivision to Selvitz Road. We hope you find this information helpful. Should you have any questions or need any additional information, please do not hesitate to contact me. JSH/sb cc: Don West, Public Works Director Mike Powley, County Engineer GiI Blackenstoss, Asst. Growth Management Director Dan Mcintyre, County Attorney Hank Flores, Planning Manager ~ It') N ,j.. 0 >- 0 N '" ~ ri!~ N Q.) 0 ~.~ ,..: ~ ~ I : ~ t~ "- CD LO Q) ~ ~ 0 0 ro a.. ¡¡¡: ø ~ 1 ü . 0 > Cf) Qce."ao(\ .~ 1 'U Q.) Q) L... Z ffi I- a. ::E ',{'¡; æ ~~ a. a. ~ <II ::a: >- 1:' :> o U ¡; > ä:: c: '" 'is .5 ~ c: ::> 8 ,.o~ "..~s c: '2 '" ::; ~.U'l·UIf"I J ""':J'~"¡'¡ ! . ~ o " ..."s ,....:) ,Z-:J . Áuno:) aaqo4:>aa~o A petition of Tre~Gil'l....y for a waiver of the pa\._ 19 req access roadway to a proposed development. rements for an FAVORITE RD o Q: ~ ~ UJ CIJ W MIDWAY RD MNSP 05-022 ~ Subject parcel City of Port St. Lucie 9:- .L~ a,--7"~ (jrtrWtli NIVII/fjemnJl D'!j7at"lMDI/ N Â Map prepared October 17, 2005 Zoning Treva Gilkey RS-2 AR-1 D c:: ~ ~ w en CN W MIDWAY RD MNSP 05-022 ~ Subject parcel City of Port St. Lucie sr ~uØ& ¿:;,~,~ ýrlTWtli .JItanueemenl Zl'!PtZrtmntr AR-1 CN Map prepared October 17. 2005 '-'" Treva Gilkey RS Land Use .....1 RS RS RS RS RS RS RS RS RS RS RS RS RS RS RS 0 FAVORITE RD r:r: RS RS ~ ~ RS w <J) RS RS RS P/F P/F RS RS RS RS P/F COM RS COM W MIDWAY RD MNSP 05-022 ~ Subject parcel City of Port St. Lucie 5è LuvW &~,:-'-- (jrlTWt/i .Manueemenl 2J9'artmenl" Map prepared October 17, 2005 Treva Gilkey MNSP 05-022 ~ Subject parcel City of Port 81. Lucie Sk-/.udc é'o...~":~ ý'nrwtli .Ním'¥jtmUnf :Department Map prepared October 17, 2005 \a.f "'" BOARD OF COUNTY COMMISSIONERS ~=r.' ".;~'eJ""· '(:"'17E":' ;;··V"···"';·',,,·"; COUNTY ~ F LOR I D A··..·' GROWTH MANAGEMENT October 26, 2005 In accordance with the St. Lucie County Land Development Code, you are hereby advised that Treva Gilkey has petitioned St. Lucie County for a waiver of the paving requirements for an access roadway to a proposed development for the following described property: Location: 4311 Favorite Road, Fort Pierce, Florida THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The first public hearing on the petition will be held at 9:00 A.M., or as soon thereafter as possible, on November 8, 2005, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 772/462-2822 if you have any questions, and refer to: File Number MNSP 05-022. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS Frannie Hutchinson, Chairman C'" \ -, I ~ !. tr.', . ,,";')" /1 ---.J rV\.¡Q;\\ ¡\v\..)"---- r/l''J \) 'lv ~t- ¡.. JOSE~H E. SMITH, Disrrict No.1. DOUG COWA~D, District No.2. PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON, District No.4· CH~IS C~AFT. Distrlcr No, 5 (ounry Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce. FL 34982-5652 Administration: (772) 462-1590 . Planning: (772) 462-2822 . GISlTechnical Services: (772) 462-1553 Economic Development: (772) 462-1 550 · Fox: (772) 462-1581 Tourist Development: (772) 462-1529 · Fox: (772) 462-2132 www.co.sr-Iucïe.fl.us '-'" 'WI Barbara Swegles 4311 Favorite Road Fort Pierce, FL 34981 August 21, 2005 \-St. L-v.i.e. CDU-Îl-t~ Gr.'~s.~'ohe';· TO: St. Lucie County Growth Management Dept First I would like to say thank: you for meeting with the Gilkey's and the Bradfield's on August 1 tho The Gilkey's, Bradfield's and myself are all very anxious to have my property split as soon as possible and I appreciate the time you have given to us. I do understand and can accept all the comments to the meeting except for the paving of the road. This I do not agree with. I have lived on Favorite Road'since 1975. This is a very small road, very little traffic, just the five property homeowners and myself use this road. I do not think: it is fair that you are trying to make me, the Gilkey's and the Bradfield's pay to pave the road, just to get to the property that I have loved and owned for many years. The Gilkey's and Bradfield's parents live on Favorite Road and visit them almost every day. Given that fact, the traffic on this road will not even increase once they build their homes. I am just selling a portion of my land to be able to afford to rebuild my home that was lost during the hurricanes. I am selling to the Gilkey's and the Bradfield's so they can be near their parents. All of us plan to build only 1 home on each piece of land and plan to spend many more years on this peaceful street. I would appreciate it if you would take a few minutes to rethink: this paving of the road and agree to not make us do this. SincerelY0 .-! ~ Á w-'¡;Þ Barbara Swegles :':¡eceived By SEP 2 0 2005 ,';rowth Management '-"' ~ Kyle and Rhonda Bradfield 4242 Favorite Road Fort Pierce, FL 34981 August 22, 2005 "S-\-. L\M..',e (0\)...1\-\',/ Cò\'N'l'~ ~~·'Ùl\er.," TO: St. Lucie County Growth Management Dept Thank you for meeting with me on August 17, 2005 in regards to the property split on Favorite Road. I know everyone is very busy and it was kind of all of you to take the time to meet with me and my family. Please note that we are having all of your conunents corrected to the site plan and hope they will be sufficient. However, there is one thing that I strongly oppose to in the comments. I do not feel that I should have to pay for the road to be paved in order to have the property split. For starters, we are not "developers", we are merely two sisters trying to build two homes to be near our parents who live on Favorite Road as well. I could understand the need to pave the road if we were developing the land that would bring in heavy growth to the street. This is not the case, we are merely adding two more driveways to make a total of eight driveways on a dead end road that I believe is not even a county maintained road. I do not think it is even on the schedule to be paved within the next ten years. Also, we are actually only splitting the property into two more sections, not three. The current owner is keeping part of her property and rebuilding a home that was damaged in the hurricane. We are only asking for the okay to divide the property two more times to build one home on each piece and we cannot understand how this can lead to the necessity of having to pave the road. Please offer us a variance or exemption to the paving of the road. Having to do so would be a hardship to come up with the funds to cover the expense to pave the road. Thank you for your time and consideration. Sincerely, . J 1-/ "'// __~. .' +,.~>,. ,./ Kyle and Rhonda Bradfield -,.-._~-~' /~_ d ~ ...u_____ "",-.- .~---_.._._---- ~eceived By SI:P 2 0 2005 ,rowth Management '-' 'wi Greg and Treva Gilkey 4242 Favorite Road Fort Pierce, FL 34981 (772) 201-6954 September 19, 2005 TO: St. Lucie County Commissioners Per our meeting with the Growth Management Dept on August 17, 2005, we were told that we would have to pay to have Favorite Road paved before the property could be split. The money would be placed into an escrow account and if not used in TEN YEARS we would be refunded the money. We have spoken to the residents that reside on Favorite Road and they along with all persons involved with this splitting of the property, do not wish for the road to be paved. The road is a dead end road. There will be no added traffic to this roadway, due to the fact that my wife's parents presently live on this road and we visit them several times a week. The other persons involved also have interest. Barbara Swegles presently lives on the named property and Rhonda Bradfield is my wife's sister and also visits her parents several times a week. So as you can see there will be no additional traffic to this roadway. We have met with all the residents of Favorite Road and all have signed and agreed for this waiver of the fair share contribution of the paving of the road to be issued in our favor. We would like to thank you in advance for your cooperation. Gregory and Treva Gilkey )j' " ~þ~;t: Received By SEP 2 0 2005 Growth Managemem '-' ""'" Treva Gilkey, 4242 Favorite Road, Fort Pierce, FL 34981 (772) 201-6954 September 20, 2005 TO:" St. Lucie County Commissioners" Regarding: 4311 Favorite RoadlRequest for Waiver Please note that we would like to request a "Waiver" for our "fair share contribution" for the paving of Favorite Road. Please see the attached statement ftom ALL the owners of Favorite Road. All 6 property owners of Favorite Road have NO OBJECTION to this waiver being issued in our favor. This is a very small street and everyone knows each other. Furthermore, no one feels that the current owner, Barbara Swegles, who has lived at 4311 Favorite Road since 1973 and wishes to continue to live at 4311 Favorite Road, should have to pay for any "fair share contribution" for the paving of the road. She is only selling part of the property in order to afford to rebuild a new home. The Gilkey's and the Bradfield's wish to purchase part of the property in order to build a new home to be closer to their parents who live on Favorite Road. We are not developers. We are not developing the land, nor do we have any intention of selling the land to developers in the future. We only wish to build 1 home on each piece of land. This would bring only 2 new driveways to the road and no extra traffic to the road since we visit our parents almost every day currently. We gratefully ask that you issue this waiver in our favor. your time and help in this matter. d~~ -_/; ..) .¡7/~.'.5 ./ .. ~ .....-'"-~"':v - /f ,.,-"'" Rhon~~;ad~~~licant Thank you for ;-& */U/---- ~ U/~ pL- Barbara Swegles, Property Owner Received By St.P ? 0 2005 Growth Management \..- "wi September 19, 2005 TO: St. Lucie County Commissioners RE: 4311 Favorite Road Site Plan Please note that we are in support of the "waiver request" for the "fair share contribution" of the paving of Favorite Road. We know the Gilkey's and the Bradfield's and Barbara Swegles and we support them in trying to have the property divided into 3 separate pieces of land. ¡). '. "--'1 . .ß~)/..,d-~ø- \..: \ 'te') 0. t '-\d'\ ';) \= Ci..~'; . \t. ~O(>.(.\ 2/12}£ Li\.ç~- 35~O ¡ ~s , i .. 5,', -) ., l+-f~ .' _ ¡ ! " ' I u ~ .' --.1 I,~·.. --:y" " - ..--"···'Z~________......".D --(t) ..'- 7~,--___,J' V\ L./ Lt.· ~ ;> C¡· 'IC .;,. lJOn /-f.:- ,/ ~ /} / j _ . '.. ,v j -, ' Le'"C.' ",....,¡f, ~- 1I6S--?5-Zr! ~ :;9S'-/S3f c¡ /¡y« S3Ò -)79 Lj f ~ '40 -(;15/ ¡:¡pr.p.ived By SEP 2 0 2005 1rowth Management --~ ~- -- 1 ~ ..., AGENDA REQUEST ITEM NO. b DATE: November 22, 2005 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 05-421 - Urging the Florida Legislative Delegation to require grocery store chains located within S1. Lucie County, Florida; to purchase and keep on hand in a protected pre-staged area within each grocery store; adequately sized generators to be used for immediate use in the event of a power failure due to a hurricane or other emergency. BACKGROUND: S1. Lucie County, Florida, has been greatly impacted by three (3) hurricanes in the past fourteen (14) months and faces a prediction by the National Hurricane Center that we can anticipate an additional twenty (20) years of hurricane hyperactivity. The attached Resolution No. 05-421 has been drafted for the protection ofthe health, safety, and public welfare of the citizens of S1. Lucie County. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 05-421 as drafted. COMMISSION ACTION: Approved 5-0 Amended to read [)è APPROVED [ ] DENIED [ ] OTHER: grocery store chains and gas stations within the State of Florida. - -, ........ jy' County Attorney: Management & Budget Originating Dept, Other: Finance: (Check for Copy only, if applicable)___ Review and Approvals Purchasing Other: ~ - ..." Eff. 5/96 '--' ...., RESOLUTION NO. 05-421 A RESOLUTION URGING THE FLORIDA LEGISLATIVE DELEGATION TO REQUIRE GROCERY STORE CHAINS LOCATED WITHIN ST. LUCIE COUNTY, FLORIDA; TO PURCHASE AND KEEP ON HAND IN A PROTECTED PRE-STAGED AREA WITHIN EACH GROCERY STORE; ADEQUATELY SIZED GENERATORS TO BE USED FOR IMMEDIATE USE IN THE EVENT OF A POWER FAILURE DUE TO A HURRICANE OR OTHER EMERGENCY WHEREAS, the Board of County Commissioners of St. Lucie County¡ Florida¡ has made the following determinations: 1. St. Lucie County, Florida, has been greatly impacted by three (3) hurricanes in the past fourteen (14) months and faces a prediction by the National Hurricane Center that we can anticipate an additional twenty (20) years of hurricane hyperactivity. 2. In order to protect the health, safety, and public welfare of the citizens of St. Lucie County, Florida, this Board believes that the Florida Legislative Delegation should require grocery store chains located within St. Lucie County¡ Florida to purchase and keep on hand in a protected pre-staged area within each grocery store i adequately sized generators to be used for immediate use in the event of a power failure due to a hurricane or other emergency. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County¡ Florida: .. ......... ...., 1. This Board hereby urges the Florida Legislative Delegation to require grocery store chains located within St. Lucie County, Florida, to purchase and keep on hand in a protected pre- staged area within each grocery store, adequately sized generators to be used for immediate use in the event of a power failure due to a hurricane or other emergency. 2. The County Administrator is hereby directed to forward a copy of this resolution to each member of the Florida Legislative Delegation. After motion and second the vote on this resolution was as follows: Chairman xx Vice-Chairman xx Commissioner xx Commissioner xx Commissioner xx PASSED AND DULY ADOPTED this 22nd day of November, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '" , ~ ...., AGENDA REOUEST ITEM NO. 7 DATE: November 22, 2005 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 05-435 - Authorizing the creation of the Smart Growth Advisory Ad Hoc Committee and providing for duties and functions of the committee. BACKGROUND: Please see attached Memorandum No. 05-1931. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 05-435 as drafted. COMMISSION ACTION: Approved 5-0 CONCURRENCE: rt¿cr,on . County Administrator [x APPROVED [ ] DENIED [ ] OTHER: County Attorney: Jl: Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: 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 C.A. NO: 05-1931 DATE: November 17, 2005 SUBJECT: Resolution No. 05-435 Authorizing Creation of the Smart Growth Advisory Ad Committee and Providing for Duties Functions of the Committee the Hoc and BACKGROUND: After the Re-Organization of the Board of County Commissioners on November 15, 2005, Commissioner Doug Coward requested that the Board create a Smart Growth Advisory Ad Hoc Committee. The attached Resolution No. 05-435 has been drafted for that purpose. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolution No. 05-435 as drafted. Respectfully submitted, DSM/cac Attachment , '-' ...., RESOLUTION NO. 05-435 A RESOLUTION AUTHORIZING THE CREATION OF THE SMART GROWTH ADVISORY AD HOC COMMITTEE AND PROVIDING FOR DUTIES AND FUNCTIONS OF THE COMMITTEE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board recognizes the importance of Smart Growth Policies and the need to review and update the St. Lucie County Comprehensive Plan and Land Development Code to enable such policies to be fully utilized by developers. 2. This Board should create a Smart Growth Advisory Ad Hoc Committee for the purpose of advising the Board of County Commissioners on matters relating to codes and regulations that currently preclude Smart Growth Policies. 3. This Board should further define the duties and functions of the Committee. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby create the Smart Growth Advisory Ad Hoc Committee. Such Committee shall have the following duties and functions: a. To advise and make recommendations to the Board of County Commissioners on matters relating to Smart Growth, and assisting in implementation of those recommendations. b. To provide any requested by the growth issues. other duties or functions as Board of County Commissioners on .. '-'" ....., 2. The action, decisions and recommendations of the Committee shall not be final or binding on the Board of County Commissioners, but shall be advisory only. 3. The Smart Growth Advisory Ad Hoc Committee shall consist of ten (10) members who shall be appointed as follows: a. Each Board member shall appoint two (2) members to serve on the Commi t tee and such members' terms shall run concurrent with the term of the appointing Commissioner. b. During the first meeting members shall select a membership to serve for of each calendar year, Chairman from among a one (1) year term. the the c. All members shall serve without compensation. 4. Vacancies for all appointments shall be filled upon: a. Death of a member. b. Resignation. c. Removal by appointing authority. d. Three (3) unexcused absences in a six (6) month period. 5. Vacancies shall be filled by the person who nominated the member who created the vacancy. 6. The Committee Chairman shall establish a time and place for holding meetings as shall be necessary, and the Committee shall adopt such rules of organization and procedure as may be required. One-half (~) of the Committee Membership plus one (1) shall constitute a quorum for the transaction of official business at Committee meetings. 7. The Committee may establish sub-committees for specific subjects or tasks from among its members. The Committee shall hold .. '-'" ...., its first meeting as soon as possible from the date this resolution is adopted. 8. The Growth Management Department shall provide administrative support for the Committee and shall keep a record of its proceedings. 9. If any action, sentence, or clause of this resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this resolution. After motion and second the vote on this resolution was as follows: Chairman Doug Coward XX Vice-Chairman Chris Craft XX Commissioner Paula A. Lewis XX Commissioner Frannie Hutchinson XX Commissioner James E. Smith XX PASSED AND DULY ADOPTED this 22nd day of November, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY , .' ITEM NO."tttII 8 DATE: November 22,2005 AGENDA REQUEST REGULAR (X) PUBLIC HEARING ( ) CONSENT ( ) SUBMITTED BY: Environmental Resources Department PRESENTED BY: ' /~ Vanessa Bessev. ERD Dire~r'~ TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Request Board approval of the Draft Native Tree Mitigation Bank Agreement with Flagler Development Corporation. BACKGROUND: On January 21, 2005 the Board approved Ordinance 05-007 amending Chapter 6 of the St. Lucie County land Development Code. These amendments included provisions for setting up Native Tree Mitigation Banks in St. Lucie County to meet tree mitigation requirements. FUNDS AVAilABLE: NA PREVIOUS ACTION: On September 13, 2005 the Board requested that staff work with Flagler to address the Board's concerns. RECOMMENDATION: Staff recommends approval of the Draft Native Tree Mitigation Bank Agreement with Flagler Development Corporation and asks that the Board authorize the Chair to sign the agreement. COMMISSION ACTION: k) APPROVED ( ) OTHER ( ) DENIED NDERSON TY ADMINISTRATOR Approved 5-0 Coord ination/Sianatures County Attorney (X) Originating Dept. (X) /JL ~ Mgt. & Budget ( ) Purchasing ( ) Growth ManagementO Finance: (check for copy, only if applicable)_ t ..- '" ~ ..., Commission Review: September 13, 2005 ENVIRONMENTAL RESOURCES DEPARTMENT MEMORANDUM TO: County Commission FROM: Environmental Resources Director DATE: November 22, 2005 SUBJECT: Request Board approval of the Draft Native Tree Mitigation Bank Agreement with Flagler Development Corporation On January 21, 2005 the Board approved Ordinance 05-007 amending Chapter 6 of the St. Lucie County Land Development Code. These amendments included provisions for setting up Native Tree Mitigation Banks in St. Lucie County to meet tree mitigation requirements. Staff has been working with Flagler Development Corporation to finalize the draft agreement for several months. The properties proposed to be used as native Tree Mitigation Areas are adjacent to Ten Mile Creek and existing county-owned properties. As a result of the agreement, the County will take ownership of approximately 66.062 acres that will continue the effort of creating a greenway system along the North Fork of the St. Lucie River and Ten Mile Creek. In addition, upon approval of this agreement and the creation of the native tree mitigation bank, developers in the community will have another option for dealing with mitigation for impacts to native trees. On September 13, 2005 the Board considered this request and directed staff to work with Flagler to address the Board's concerns. Flagler is willing to provide a one time contribution of $10,000 for maintenance of the site. In addition, Flagler is willing to pay $2,100 to repair existing fencing. Staff recommends approval of the Draft Native Tree Mitigation Bank Agreement with Flagler Development Corporation and asks that the Board authorize the Chair to sign the agreement. \11TTED 1Qf!J( ~ Vanessa Bessey Environmental Resources Director '-" ..." This instrument prepared by and return to: W. Lee Dobbins, Esq. Klein & Dobbins, P. L. 805 Virginia Avenue, Suite 25 Fort Pierce, Florida 34982 (772) 409-1133 NATIVE TREE MITIGATIQN BANK AGREEMENT THIS NATIVE TREE MITIGATION BANK AGREEMENT ("Agreement") is made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision ofthè State of Florida ("County"), and FLAGLER DEVELOPMENT COMPANY, a Florida corporation ("Flagler"). RECITALS WHEREAS, Flagler is the owner of those certain parcels of real property located within St. Lucie County, as more particularly described in Exhibit" A", attached hereto and made a part hereof (collectively, the "Property"); WHEREAS, County has adopted goals, objectives and policies in the Conservation Element of the St. Lucie County Comprehensive Plan (the "Comprehensive Plan") to ensure the protection of native upland habitats; WHEREAS, County has established regulations for vegetation protection and preservation in the St. Lucie County Land Development Code (the "Code"); WHEREAS, pursuant to the Code, developers of property in unincorporated St. Lucie County are required to minimize removal of native trees prior to development; WHEREAS, pursuant to the Code, developers of property in unincorporated St. Lucie County are required to mitigate the removal of healthy native trees that are allowed to be removed pursuant to an acceptable mitigation plan; WHEREAS, an acceptable mitigation plan may include the ability for a developer to plant new trees, replant trees, relocate existing trees, preserve existing trees or pay mitigation fees; WHEREAS, the Property contains large numbers of native trees that can mitigate against the removal of protected native trees pursuant to the Code; WHEREAS, a portion of the Property is home to a protected American bald eagle, which is the subject of an approved Eagle Management Plan (the "Eagle Plan"); WHEREAS, a portion ofTen Mile Creek runs through the Propeliy; (F0024657.12) '-' ..., WHEREAS, County is in the process of creating a series of linear parks and greenways along natural waterways in 81. Lucie County; WHEREAS, County desires to acquire title to the Property to ensure compliance with the Eagle Plan and that the eagle is protected, and to further its efforts to create a linear park/greenway along Ten Mile Creek; WHEREAS, Flagler desires to convey the Property in fee simple for no monetary consideration to County, provided that Flagler retains the right to sell native tree mitigation credits (expressed as inches or trees, as the case may be) derived from the native trees on the Property; and. WHEREAS, County and Flagler desire to create a native tree mitigation bank on the Property whereby developers of property in 8t. Lucie County can purchase mitigation credits to mitigate against the removal of protected native trees. NOW, THEREFORE, in consideration ofTen Dollars ($10.00) in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Flagler hereby agree as follows: 1. Recitals. The Recitals set forth above are true and correct and are incorporated herein as if set forth herein verbatim. 2. Property. Flagler agrees to convey the Property to County pursuant to a special warranty deed, in form and substance substantially similar to that attached hereto as Exhibit "B" and made a part hereof (the "Deed"), subject to the terms and conditions ofthis Agreement and existing matters of title, which are set forth in Exhibit" C" , attached hereto and made a part hereof (the "Permitted Exceptions"). The conveyance of the Property shall take place within fifteen (15) days following delivery to County of the boundary survey and tree inventory of the First Tract, as set forth in subparagraph 4 below, together with assignment of the Eagle Plan as set forth in Paragraph 6 below. 3. Costs. Flagler shall pay the costs involved in transferring the Property to County, including but not limited to, minimum documentary stamps and the cost to record the deed and to issue a title insurance policy in the amount of the tax assessed value oftl1e Property, insuring County's interest in the Property. 4. Mitigation Bank. Notwithstanding the conveyance to, and ownership by, County ofthe Property, Flagler shall retain the right to create a native tree mitigation bank (the "Bank") to sell mitigation Credits (as defined below) to any developer of real property in S1. Lucie County. Such purchasing developer shall have the right to use such Credits to qualify for mitigation allowed pursuant to an acceptable mitigation plan, as provided in the Code. For all purposes hereunder and under any agreement or understanding entered into to £1.1rther the intention of the parties hereto, each inch of "diameter at breast height"(IDBH") of any native tree (except native palm trees), as measured at 4 1/2 feet from the ground, shall equal one (1) "Credit 1nch." Each native (F0024657.12) 2 '-' ....¡ palm tree with a clear trunk often (10) feet or greater shall equal one (1) "Palm Tree Credit". Palm Tree Credits shall only be used to satisfY the mitigation requirements for native palm trees and cannot be utilized to mitigate other native trees removed ITom a development. Credit Inches and/or Palm Tree Credits may hereinafter be individually or collectively referred to as "Credits." In furtherance of the foregoing, the fonowing actions shall be taken: Within one-hundred twenty (120) days fonowing the Effective Date of this Agreement, Flagler shaH deliver to County a boundary survey of a portion of the Property containing no fewer than ten (10) acres (the "First Tract"), and a tree inventory identifYing (i) the number of Credit Inches, and (ii) the number of Palm Tree Credits, available for sale with respect to the First Tract. The boundary survey and the tree inventory shall both be completed by a licensed Florida land surveyor mutuaHy agreed upon by Flagler and County. Flagler and County hereby agree that Culpepper and Terpening, Inc. shall be acceptable to perform the foregoing boundary survey, and Enviromnental Services, Inc. shall be acceptable to perform the foregoing tree inventory. Flagler and County shall each have fifteen (15) days to review and approve the boundary survey and the tree inventory. If neither Flagler nor County delivers written objection to the other within fifteen (15) days of receiving such boundary survey and tree inventory, the results of such boundary survey and tree inventory shall be binding upon Flagler and County for the purpose of determining the number of Credits available for sale by Flagler with respect to the First Tract. Upon or prior to the sale of all of the Credits attributable to the First Tract, Flagler shall deliver to County a boundary survey and tree inventory of an additional tract within the Property containing no fewer than ten (l0) acres. Such boundary survey and tree inventory shaH meet the same requirements set forth above and if neither Flagler nor County delivers written objection to the other with the fifteen (15) day review period as set forth above, such boundary survey and tree inventory shall be binding upon Flagler and County for the purpose of determining the number of Credits available for sale by Flagler with respect to the surveyed tract. Flagler shall continue to obtain boundary surveys and tree inventories in accordance with the foregoing (provided, however, that the final boundary survey may contain fewer than ten (10) acres), until all of the Property has been surveyed and inventoried. 5. Procedure for Sale of Credits. Upon the purchase ofCreditInches or Palm Tree Credits by any developer, Flagler shan deliver to County a certificate in the form attached hereto as Exhibit "D" and made a part hereof, stating the number of Credit Inches or Palm Tree Credits purchased by such developer, and the number of Credit Inches or Palm Tree Credits remaining and available for purchase, and such certificate shall constitute sufficient evidence that such developer has purchased the Credits stated in such certificate. 6. Eagle Management Plan. Pursuant to an agreement between Flagler and County, in form and substance substantially similar to the Assignment and Assumption Agreement attached hereto as Exhibit "E" and made a part hereof (the "Assignment"), (F0024657,12) 3 '-' ~ which will be executed simultaneously with execution and delivery of the Deed, County shall assume responsibility for the Eagle Plan. 7. Destruction or Removal of Trees. Except as otherwise provided herein, in the event that trees located on a portion of the Property that has been surveyed and inventoried pursuant to Paragraph 4 above, are damaged or destroyed, County shall have the right to demand, in writing, that a new tree inventory be conducted with respect to such portion ofthe Property, in accordance with Paragraph 4 above, at Flagler's sole cost and expense. Notwithstanding the foregoing, County shall not be entitled to demand a tree inventory with respect to any portion of the Property more frequently than one (1) time in any two (2) year period, unless County pays for such tree inventory. Flagler shall also have the right to have a new tree inventory conducted with respect to any portion of the Property at any time, at Flagler's sole cost and expense. In the event that any trees located on a portion of the Property that has been surveyed and inventoried pursuant to Paragraph 4 above are damaged or destroyed, due to an intentional act of County or any employee, officer or contractor thereof, such as removing trees from such portion of the Property, then County shall not be entitled to have such portion of the Property re- inventoried, and the number of Credits available prior to such damage or destruction of trees shall continue to be the number of Credits available with respect to such portion of the Property, until such Credits have been sold by Flagler. In the event that any trees located on a portion ofthe Property that has not yet been surveyed and inventoried pursuant to Paragraph 4 above are damaged or destroyed, due to an intentional act of County or any employee, officer or contractor thereof, such as removing trees from any part of the Property, County shall indemnify Flagler for the fair market value of the Credit Inches or Palm Tree Credits lost as a result thereof, provided, however, that such indemnification shall be limited by the requirements of Florida Statute 768.28. The results of any tree inventory conducted pursuant to the terms of this Paragraph and in accordance with the provisions of Paragraph 4 above, shall be binding upon Flagler and County for the purpose of determining the number of Credits available for sale by Flagler with respect to the inventoried property, and the results of such tree inventory shall replace and supercede the results of any prior tree inventory for the purpose of determining such available Credits. 8. Wetland Mitigation. Provided that approval is granted by the South Florida Water Management District (the "District"), the U.S. Army Corps of Engineers or any other agency or governmental entity having jurisdiction thereover, Flagler shall have the right to designate the Property as mitigation property for development of the parent tract from which Flagler is conveying the Property (the "Parent Tract"), or any portion of such Parent Tract. Notwithstanding the foregoing, Flagler shall not have the right to convert native upland habitat into wetlands. Only existing wetlands on the Property may be used for mitigation through the preservation and enhancement of such wetlands. Flagler shall be responsible for such preservation and enhancement of wetlands, and any required wetland monitoring and maintenance, at Flagler's sole cost and expense. If any portion of the Property is designated by Flagler as mitigation property in accordance with the foregoing, then Credit Inches or Palm Tree Credits may not be sold with respect to any trees located on such pOliion of the Property. The Parent Tract is more specifically described in Exhibit "F" attached hereto and made a part hereof. {I'0024657.12} 4 '-' ..J 9. Gopher Tortoises. Provided that approval is granted by the Florida Fish and Wildlife Conservation Commission, and/or any other division ofthe State of Florida with jurisdiction there over, Flagler, or its successors or assigns, shall have the right to relocate gopher tortoises to the Property from any other part of the Parent Tract. 10. Annexation. County shall not sign an annexation agreement agreeing to annex, or consenting to any annexation of, the Property or any part thereof, into the City of Fort Pierce, unless such annexation agreement, and/or the ordinance annexing the Property, includes language confIrming that the use of the Property as a native tree mitigation bank, and the rights of Flagler and County pursuant to this Agreement, shaIl not be affected by such annexation and shall be permitted under all rules and regulations of the City of Fort Pierce. 11. Cooperation. The parties hereto shall cooperate with each other and use their best efforts to accomplish the foregoing within the time periods set forth herein and in the spirit intended by tIllS Agreement. 12. Survival. The terms, covenants and conditions of this Agreement shall survive the conveyance of the Property by Flagler to County. 13. Effective Date. The effective date of this Agreement ("Effective Date") shall be the date this Agreement is approved by the St. Lucie County Board of Commissioners. [SIGNATURES ON FOLLOWING PAGE] {F0024657.12} 5 ,,-,. ...",¡ IN WITNESS WHEREOF, County and Flagler have caused their authorized representatives to execute this Agreement as of the day and year first set forth above. ATTEST: COUNTY: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney FLAGLER: FLAGLER DEVELOPMENT COMPANY By: Print Name: Title: [Corporate Seal] (1'0024657.12 ) 6 '" ...; EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Tracts, 7, 7 A and 7B, according to Flagler Plat No.1 recorded in Plat Book 42, Pages 8, 8A and 8B, Public Records ofS1. Lucie County. And A Parcel ofland lying in Section 25, Township 35 South, Range 39 East, S1. Lucie County, Florida, being that part of the West one half of the Northwest one quarter of the Southeast one quarter of said Section 25 lying West of the West Right-of-Way ofI-95 as in Official Records Book 314, Page 1894, of the Public Records of8t. Lucie County, Florida. {F0024657.12 } 1 - - - "" ..., EXHIBIT "B" This Instrument Prepared By: W. LEE DOBBINS, ESQ. Klein & Dobbins, P.L. 805 Virginia Avenue, Suite 25 Fort Pierce, Florida 34982 (772) 409-1133 For Official Use Only Tax Parcel Identification No. 2325-813-0010-0003 2325-422-0001-0007 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of the _ day of , 20_, by FLAGLER DEVELOPMENT COMPANY, a Florida corporation, whose address is 10151 Deerwood Park Boulevard, Building 100, Suite 330, Jacksonville, Florida 32256 ("Grantor"), to ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 ("Grantee"). (Whenever used herein, the tenns "Grantor" and "Grantee" include all the parties to this instrument and the heirs, personal representatives and assigns of individuals and the successors and assigns of corporations, partnerships, governmental and quasi-governmental entities.) WIT N E SSE T H: That Grantor, for and in consideration of the sum ofTen Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confinn unto Grantee, all that certain parcel of real property (the "Land") situate in 81. Lucie County, Florida and more particularly described in Exhibit" A", attached hereto and made a part hereof. SUBJECT TO and reserving unto Grantor the rights set forth in that certain Native Tree Mitigation Bank Agreement by and ·between Grantor and Grantee recorded of even date herewith. TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. (F0024657.12) 1 ~' '-' '...I AGENDA REOUEST ITEM NO. 2- DATE: November 22, 2005 REGULAR [XI PUBLIC HEARING [ I CONSENT [ I TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 05-436 - Authorizing the creation of the Transfer of Development Rights (TDR) Advisory Ad Hoc Committee and providing for duties and functions of the committee. BACKGROU1\TD: Please see attached Memorandum No. 05-1932. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 05-436 as drafted. COMMISSION ACTION: CE: [XI APPROVED [ ] DENIED n OTHER: Approved 5-0 County Attorney, ~ Review and Approvals Management & Budget Purchasing originating Dept. Other, Other, 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 C.A. NO: 05-1932 DATE: November 17, 2005 SUBJECT: Resolution No. 05-436 Authorizing the Creation of the Transfer of Development Rights (TDR) Advisory Ad Hoc Committee and Providing for Duties and Functions of the Committee BACKGROUND: After the Re-Organization of the Board of County Commissioners on November 15, 2005, Commissioner Doug Coward requested that the Board create a Transfer of Development Rights (TDR) Advisory Ad Hoc Committee. The attached Resolution No. 05-436 has been drafted for that purpose. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolution No. 05-436 as drafted. Respectfully submitted, DSM/cac Attachment '-' ""'" RESOLUTION NO. 05-436 A RESOLUTION AUTHORIZING THE CREATION OF THE TRANSFER OF DEVELOPMENT RIGHTS (TDR) ADVISORY AD HOC COMMITTEE AND PROVIDING FOR DUTIES AND FUNCTIONS OF THE COMMITTEE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board recognizes the importance of creating a Transfer of Development Rights (TDR) program to assist with the implementation strategies set-forth in the Towns, Villages, and Countryside (TVC) Ordinance, now under review. 2. Ths Board should create a Transfer of Development Rights (TDR) Advisory Ad Hoc Committee for the purpose of advising the Board of County Commissioners on matters relating to the transfer of development rights program, and to provide specific recommendations on preferred strategies. 3. This Board should further define the duties and functions of the Committee. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby create the Transfer of Development Rights (TDR) Advisory Ad Hoc Committee. Such Committee shall have the following duties and functions: a. To advise and make recommendations to the Board of County Commissioners on matters relating to development transfer rights, and assisting in implementation of those recommendations. '-' ...., b. To provide any other duties or functions as requested by the Board of County Commissioners on transfer rights issues. 2. The action, decisions and recommendations of the Committee shall not be final or binding on the Board of County Commissioners, but shall be advisory only. 3. The Transfer of Development Rights (TDR) Advisory Ad Hoc Committee shall consist of ten (10) members who shall be appointed as follows: a. Each Board member shall appoint two (2) members to serve on the Committee and such members I terms shall run concurrent with the term of the appointing Commissioner. b. During the first meeting of each calendar year, members shall select a Chairman from among membership to serve for a one (1) year term. the the c. All members shall serve without compensation. 4. Vacancies for all appointments shall be filled upon: a. Death of a member. b. Resignation. c. Removal by appointing authority. d. Three (3) unexcused absences in a six (6) month period. 5. Vacancies shall be filled by the person who nominated the member who created the vacancy. 6. The Committee Chairman shall establish a time and place for holding meetings as shall be necessary, and the Committee shall adopt such rules of organization and procedure as may be required. ~ ..." One-half (~) of the Committee Membership plus one (1) shall constitute a quorum for the transaction of official business at Committee meetings. 7. The Committee may establish sub-committees for specific subjects or tasks from among its members. The Committee shall hold its first meeting as soon as possible from the date this resolution is adopted. 8. The Growth Management Department shall provide administrative support for the Committee and shall keep a record of its proceedings. 9. The Treasure Coast Regional Planning Council (TCRPC) shall be encouraged to provide technical assistance. 10. If any action, sentence, or clause of this resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this resolution. After motion and second the vote on this resolution was as follows: Chairman Doug Coward XX Vice-Chairman Chris Craft XX Commissioner Paula A. Lewis XX Commissioner Frannie Hutchinson XX Commissioner James E. Smith XX PASSED AND DULY ADOPTED this 22nd day of November, 2005. ......... ATTEST: DEPUTY CLERK ....." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY .-- 11/15/05 FZABWARR FUND 001 001166 001172 001175 001179 001180 001289 001293 001814 101 101002 101003 101004 101006 101105 101215 101218 102 102001 105 107 107001 107002 107003 '006 140 140001 150 160 183 183004 185003 185006 185008 310002 310201 315 . 316 37004 382 401 418 451 458 461 471 478 ~ ST. LUCIE COUNTY - BOARD WARRANT LIST #6 - 05-NOV-2005 TO 10-NOV-2005 FUND sUMMARY TITLE General Fund Section ll2/MPO/FHWA/P1anning 05 CDBG Grant FY 05 Urban MIL Grant FY06 CSBG FY 06 US Dept Housing HUD Shelter Plus Gr FDOT Trans Buses and Infrastructure TDC Planning Grant FY 05 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FDOT-Hurricane Jeanne-Damage Cty Rd FDOT Traffic Signal System Grant FDOT Midway Road PD & E Study Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E9ll Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology SLC Public Transit MSTU Port & Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court FHFA SHIP FY02/03 FHFA SHIP FY05/06 FHFA Hurricane Housing Recovery Impact Fees-Parks FDEP/FRDAP Ancient Oaks County Building Fund County Capital Grey Twig Lane MSBU Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Uti1-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Opera tin No Cty Util Dist-Renewal & Replace EXPENSES 607,917.74 52,886.29 9,565.82 12.24 1,177.77 2,890.30 8,330.00 20.89- 12.24 6,402.10 4,796.15 70,735.80 6,047.03 2,000.00 210,484.91 340.00 14,021. 00 31,893.76 2,012.91 3,294.56 101,753.35 8.84 19.23 25,126.77 107,400.58 10.54 11,404.81 104.65 41.24 18,316.30 1,612.42 27.88 49,442.50 437.08 98,205.91 1,535.00 29,604.80 1,450.00 2,412.59 372.45 69.85 320,257.62 30,726.65 7,177.48 6.02 29,274.74 48,596.60 13.14 .."", PAGE PAYROLL 266.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,584.84 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 ./ ~ """'" 11/15/05 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #6 - 05-NOV-2005 TO 10-NOV-2005 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 479 No Cty Util Dist-Capital Facilities 137,820.76 0.00 491 Building Code Fund 6,487.21 0.00 505 Health Insurance Fund 183,603.04 6,861.72 505001 Property/Casualty Insurance Fund 19.04 0.00 606 Shared Pool Cash-Property Appraiser 250,000.00 0.00 611 Tourist Development Trust-Adv Fund 35.02 0.00 615 Impact Fees Fund 292.03 0.00 625 Law Library 79.88 0.00 665 SLC Art in Public Places Trust Fund 4,750.00 0.00 GRAND TOTAL: 2,503,295.75 10,713.36 ~ 2 11/18/05 FZABWARR FUND 001 001117 001166 001170 001175 001179 001180 001257 001814 101 101002 101003 101004 101006 101106 102 102001 105 107 107001 107002 107003 107006 113 117 121 123 127 128 130 136 138 140 140128 140322 140327 150 . 160 183 183004 184205 185006 185008 262 310201 316 ...,. ST. LUCIE COUNTY - BOARD WARRANT LIST #7 - 12-NOV-2005 TO 18-NOV-200S FUND SUMMARY TITLE General Fund FTA 49 USC Sec 5307 98/99 Section 112/MPO/FHWA/Planning 05 Cert FY 04 Grant Urban MIL Grant FY06 CSBG FY 06 US Dept Housing HUD Shelter Plus Gr TDC Planning Grant F/Y 06 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx 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&F Fund-Court Related Technology Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Blakely Subdivision Fund Queens Cove Lighting Dist#13 Fund pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Industrial Park West-EDA Industrial Park West Development FDOT Access Roads Ph.2 A/P IPW Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court FDEP Fort Pierce Shore Protection P FHFA SHIP FY05/06 FHFA Hurricane Housing Recovery Tourism Dev 4th Cent I&S Fund FDEP/FRDAP Ancient Oaks County Capital EXPENSES 450,544.53 123.74 667.33 8,218.54 113.23 2,329.57 2,922.00 51. 24 117.05 53,259.50 116,484.50 45,238.58 3,516.77 16,360.20 4,200.00 12,824.19 26,281.58 6,618.00 27,073.68 84.14 30,468.73 1,202.24 14,680.88 213 .18 467.23 520.19 129.67 79.31 268.06 341.19 450.19 23.07 1,353.33 110.99 7,437.07 34,661.17 50,776.69 42,463.12 15,903.94 8,128.40 535.78 260.71 50,593.88 150.56 1,059.60 626,503.80 19,768.50 7,000.00 "wi PAGE PAYROLL 660,968.94 1,741. 98 6,098.06 0.00 1,351.37 0.00 0.00 580.53 1,351. 37 37,733.24 49,111. 24 35,279.71 22,964.70 0.00 0.00 62,153_34 5,502.10 0.00 126,561.42' 989.35 1,966_97 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 324.77 0.00 0.00 12,921. 52 0.00 0.00 0.00 1,049.60 3,226.47 0.00 3,140.71 0.00 1,831.54 0.00 0.00 0.00 0.00 1 11/18/05 FZABWARR FUND 39007 401 418 421 441 451 458 461 471 478 479 481 491 505 505001 611 625 650 665 ."--' ST. LUCIE COUNTY - BOARD WARRANT LIST #7 - 12-NOV-2005 TO 18-NOV-2005 FUND SUMMARY TITLE Indian River Estates MSBU Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities 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 Agency Fund SLC Art in Public Places Trust Fund GRAND TOTAL: ~ EXPENSES 93,858.12 51,599.47 9,160.76 1,554.41 43,426.15 75,916.72 1,728.36 35,903.52 44,328.90 6,015.22 78,502.39 2,500.00 58,830.49 36,738.99 179.93 319.03 4,570.00 95.20 1,080.00 2,238,887.51 'wi PAGE PAYROLL 0.00 72,478.99 24,145.58 0.00 0.00 1,149.75 674.91 13,985.58 7,920.63 1,470.08 1,301.70 0.00 52,709.06 3,438.48 2,141.87 4,000.08 0.00 0.00 0.00 1,222,265.64 2 -".... --.... ""'" AGENDA REQUEST ITEM NO.C2A DA TE: November 22, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-432 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-433 Extending the State of Emergency for Hurricane Jeanne BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 05- 432 and Resolution No. 05-433 and authorize the Chairman to sign the Resolutions. COMMISSION ACTION: [~APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Do as 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 \.r' ..., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1917 DATE: November 15, 2005 SUBJECT: Resolution No. 05-432 Extending the State of Emergency for Hurricane Frances; Resolution No. 05-433 Extending the State of Emergency for Hurricane Jeanne ************************************************************************** BACKGROUND: Attached are the following documents: 1. Draft Resolution No. 05-432 extending the state of emergency for Hurricane Frances until December 3, 2005 at 4:00 p.m. 2. Draft Resolution No. 05-433 extending the state of emergency for Hurricane Jeanne until December 4, 2005 at 7:00 a.m. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-432 and Resolution No. 05-433 as drafted. DSM/ caf Attachments '-' '""'" , RESOLUTION NO. 05-432 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 December 3. 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 November 26, 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 22nd day of November, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-' ~ , RESOLUTION NO. 05-433 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 December 4, 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 November 27, 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 \.r' ..., PASSED AND DULY ADOPTED this 22nd day of November, 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.C2B DATE: November 22,2005 REGULAR (] PUBLIC HEARING [J CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-434 Extending the State of Emergency for Hurricane Wilma BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Resolution No. 05- 434 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: CE: [)( APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Do as Anderson County Administrator County Attorney: C}¡. V~/ 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: DanielS. McIntyre, County Attorney C.A. NO.: 05-1918 DATE: November 15, 2005 SUBJECT: Resolution No. 05-434 Extending the State of Emergency for Hurricane Wilma ************************************************************************** BACKGROUND: Attached is a copy of draft Resolution No. 05-434 extending the state of emergency for Hurricane Wilma until December 1, 2005 at 6:00 a.m. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-434, as drafted. DSM/ caf Attachment " '-' ...." RESOLUTION NO. 05-434 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE WILMA) 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 October 22, 2005, at 6:00 a.m. due to Hurricane Wilma. 3. The effect of Hurricane Wilma 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 December 1, 2005 at 6:00 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 November 24, 2005 at 6:00 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 22nd day of November, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY - \ , '-' 'wi AGENDA REQUEST ITEM NO. (! -<:2 C DATE: November 22,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 05-420 - Establishing a No Parking Zone on the County Property Located on the South East Corner of 25th Street at Rhode Island Avenue. BACKGROUND: The Board of County Commissioners of St. Lucie County, Florida enacted Ordinance No. 82-10, which provided for the adoption of regulations for properties and facilities owned or leased by St. Lucie County, and also for the operation and parking of motor vehicles pursuant to Section 316.006, Florida Statutes. Several individuals are parking their vehicles for sale on the County property located on the South East corner of 25th Street at Rhode Island A venue. The County Administrator has requested that a resolution be drafted for Board's consideration. The attached Resolution No. 05-420 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 05-420 as drafted. COMMISSION ACTION: Approved 5-0 [}C APPROVED [ ] DENIED [ ] OTHER: 1 County Attorney' Originating Dept, """" w/ Review and Approvals Management & Budget Other, Finance: (Check for Copy only. if applicable)___ Purchasing Other: ...., Eff. 5/96 '. "-' "filii RESOLUTION NO. 05-420 A RESOLUTION ESTABLISHING A NO PARKING ZONE ON THE COUNTY PROPERTY LOCATED ON THE SOUTH EAST CORNER OF 25TH STREET AT RHODE ISLAND AVENUE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board of County Commissioners of St. Lucie County, Florida enacted Ordinance No. 82-10, which provided for the adoption of regulations for properties and facilities owned or leased by St. Lucie County, and also for the operation and parking of motor vehicles pursuant to Section 316.006, Florida Statutes. 2. The Board of County Commissioners has determined that individuals are parking their vehicles for sale on the County property located on the South East corner of 25th Street at Rhode Island Avenue. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The following No Parking Zone is hereby established on the County property located as follows: The South East corner of 25th Street at Rhode Island Avenue in accordance with the provisions of Ordinance No. 82-10 and Section 316.006, Florida Statutes. 2. The St. Lucie County Road and Bridge Manager is hereby authorized to erect signs sufficient to notify the public of the No Parking Zone hereby established. W' ....., 3. The County Administrator is hereby directed to forward a copy of this resolution to the Sheriff of St. Lucie County. After motion and second the vote on this resolution was as follows: Chairman XX Vice-Chairman XX Commissioner XX Commissioner XX Commissioner XX PASSED AND DULY ADOPTED this 22nd day of November, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ~~ w -...I AGENDA REQUEST ITEM NO. aD DATE: November 22, 2005 REGULAR (] PUBLIC HEARING (] CONSENT (XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Brown Ranch Mine - First Amendment to May 11, 1999 Escrow Agreement BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve the proposed first amendment and authorize the Chairman to sign the amendment. COMMISSION ACTION: NCE: (}C1 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Do 91as Anderson County Administrator County Attorney: J:t Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng,: Finance: (Check for copy only. if applicable) Eft 5/96 .. 'w' ." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1875 DATE: November 15, 2005 SUBJECT: Brown Ranch Mine-First Amendment to May II, 1999 Escrow Agreement **************************************************************************************** BACKGROUND: On November 5, 1996, a mining permit was issued to Brown Ranch, Inc. to mine sand and rock from certain property located in St. Lucie County. On April 15, 1997, an Escrow Agreement was entered into to guarantee the Miner's (Stewart Mining Industries, Inc.) obligations with regard to Phase I of the mining operation and the Miner, on behalf of the Owner, obtained a certificate of deposit in the amount of thirty thousand and 0/100 dollars ($30,000.00). Phase I of the operation is completed and the Miner is expanding Phase II of the operation. The Miner, on behalf of the Owner, desires to increase the certificate of deposit in the amount of thirty thousand five hundred seventy-six and 0/100 dollars ($30,576.00) for a total of sixty thousand five hundred seventy-six and 0/100 dollars ($60,576.00) to be held by the Escrow Agent to guarantee the Miner's obligations with regard to the expansion of Phase II of the mining operation. A copy of the First Amendment to the May 11, 1999 Escrow Agreement is attached. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve the proposed First Amendment and authorize the Chairman to sign the Amendment. DSM/caf Attachment .. '-" ...., FIRST AMENDMENT TO MAY 11, 1999 ESCROW AGREEMENT THIS FIRST AMENDMENT is dated this _ day of ,2005, by and between STEWART MINING INDUSTRIES, INC., a Florida corporation, hereinafter referred to as the "Miner"; BROWN RANCH, INC., a Florida corporation, hereinafter referred to as the "Owner"; ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and FIRST NATIONAL BANK AND TRUST CO. OF THE TREASURE COAST, hereinafter referred to as the "Escrow Agent." WHEREAS, a mining permit was issued to Brown Ranch, Inc. by the County on November 5, 1996 to mine sand and rock from certain property located in St. Lucie County; and, WHEREAS, on November 5,1996, the Board of County Commissioners adopted Resolution No. 96-185, which granted a conditional use permit for the Brown Ranch, Inc. mine and, WHEREAS, the Owner has retained the Miner to conduct the mining operations authorized by the Permit; and, WHEREAS, on April 15, 1997, the parties entered into an Escrow Agreement pursuant to which the Miner, on behalf of the Owner, obtained a certificate of deposit in the amount of thirty thousand and 00/100 dollars ($30,000.00) from the Escrow Agent to be held by it to guarantee for the Miner's obligations with regard to Phase I of the mining operation under the Permit, hereinafter referred to as the "Escrow Agreement"; and, WHEREAS, the Miner has completed Phase I, including apprroximately 85% of required reclamation, and is expanding Phase II of the mining operation; and, WHEREAS, on behalf of the Owner, the Miner obtained a certificate of deposit in the amount of thirty thousand and 00/100 dollars ($30,000.00) from the Escrow Agent to be held by it to guarantee for the Miner's obligations with regard to Phase II of the mining operation; and, WHEREAS, on August 19, 2003, the Board of County Commissioners adopted Rcsolution No. 03-092, which granted a major adjustment to the approved conditional use permit for the Brown Ranch, Inc. mine and, WHEREAS, on behalf ofthe Owner, the Miner desires to increase the certificate of deposit in the amount ofthirtythousand five hundred seventy-six and 00/1 00 dollars ($30,576.00) for a total of sixty thousand five hundred seventy-six and 00/1 00 dollars ($60,576.00) ITom the Escrow Agent to be held by it to guarantee the Miner's obligations with regard to expansion of Phase IT of the mining operation; and, WHEREAS, the County and the Escrow Agent are willing to amend the Escrow Agreement as requested by the Owner and the Miner. 1 -. ~ '-' ,..., NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend tl1e Escrow Agreement as follows: 1. Paragraph 1 of the Escrow Agreement shall be amended to read as follows: 1. The Miner shall deliver to the Escrow Agent a certificate of deposit issued by First National Bank and Trust Company of the Treasure Coast in the amount of sixty thousand five hundred seventy-six and 00/1 00 dollars ($60,576.00) for expansion of Phase n of the mining operations under the Permit. Upon such deposit, the Escrow Agent shall issue an escrow receipt which shall be delivered to the St. Lucie County Attorney. During the term of this Agreement, the Miner shall maintain this certificate of deposit with First National Bank and Trust Company of the Treasure Coast and, when the certificate of deposit matures, the Miner may renew it with First National Bank and Trust Company of the Treasure Coast for as long as this Agreement is in force and effect. In the event that the Miner chooses not to renew the certificate of deposit with First National Bank and Trust Company of the Treasure Coast, the Miner shall so notify the Escrow Agent and the County sixty (60) days prior to the maturity date of the certificate of deposit and this Agreement shalJ terminate as of the maturity date. The Owner's obligation to provide sufficient security in accordance with the mining permit shall survive early termination ofthis Agreement. The Miner shall be responsible for payment orany fees charged by the Escrow Agent for its services pursuant to this Agreement. 2. Paragraph 2 of the Escrow Agreement shall be amended to read as follows: 2. The Miner shall provide the St. Lucie County Engineer with periodic surveys demonstrating that all mining activities for Phase n do not exceed the acreage, as described in the approved mining plan, and is contained within the boundaries set forth in Resolution 03-092. 3. Paragraph 3 of the Escrow Agreement shall be amended to read as follows: 3. Upon receipt of written certification from the St. Lucie County Engineer that the Miner has fully observed and complied with all water control and land reclamation requirements under the mining permit as set forth in the approved mining and reclamation plan for Phase n, the Escrow Agent shall release the sixty thousand five hundred seventy-six and 00/100 dollars ($60,576.00) certificate of deposit to the Miner and said certificate of deposit shall be released in full from the terms of this Escrow Agreement. 4. Paragraph 6 of the Escrow Agreement shall be amended to read as follows: 6. If any time, the County notifies the Miner that it is in default under the terms and conditions for Phase n of the Permit, the County shall provide the Owner 2 .. '-' ...., and the Escrow Agent with copies of such notice of default. The Owner may, at its option, cure such default within the period for cure set forth in the notice of default. In the event that the default is not cured within the period set forth in the notice of default, the County shall instruct the Escrow Agent in writing to redeem the certificate of deposit, deliver the amount required to cure the default to the County, and place the remaining funds in an interest-bearing account in the name of the Miner which funds shal1 be governed by the tenns of this Agreement. 5. All other tenns and conditions of the Escrow Agreement shal1 remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date fIrst above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chainnan Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney 3 '-' ATTEST: ~~ SECRETARY ATTEST: ~~ SECRETAR WITNESSES: ~':t~ l:f'~ ?JUuJJ~ 1=~'btherin\I~CXIVW ---~---- ----- ..,¡ STEWART MINING INDUSTRIES, INC. ~ -- BY: .~ ~ PRESIDENT (SEAL) BROWN RANCH, INe. BY: ~~~~ (SEAL) FIRST NATIONAL BANK AND TRUST . COMPANY OF THE TREASURE COAST BY: NAME: W TITLE: V; c/Z 4 ~ - '-' R~ISED AGENDA REQUEST ITEM NO. C2E DA TE: November 22 . 2005 REGULAR (] PUBLIC HEARING (] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark Godwin SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Implementation of the St. Lucie County Criminal Justice Data Exchange Project BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Implementation of the St. Lucie County Criminal Justice Data Exchange Project- Consider staff recommendation to accept the recommendation of the Criminal Justice Information System (CnS) Committee and the Public Safety Coordinating Council, and authorize: (1) the purchase of data communications lines and data communication boxes for $49,800.00 and (2) the one time purchase of Data Sharing Software for the jail management system, with the vendor price not being over $8,000.00 (3) the re-occurring yearly fees $4,032.00, (4) the re-occurring monthly data communication line fees of $2,480.00 per month. Staff also recommends that the Board approve the data exchange Interlocal Agreement with the State Attorney, Sheriff and the Clerk. COMMISSION ACTION: [Xl APPROVED [] DENIED [ ] OTHER: #OOl-9910-5993Z5-800 (General Fund Settlement Reserve) Approved 5-0 uglas Anderson County Administrator Review and Approvals County Attomey: Monagement & Budget Pure hosing: Originating Dept. Public Works Dir: Co..-!ty Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 '-' ,." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Mark Godwin, Criminal Justice Coordinator C.A. NO.: 05-1636 DATE: November 22, 2005 SUBJ'ECT: Implementation of the St. Lucie County Criminal Justice Data Exchange Project AÅAA.AAAAAAAAAA.AAA.4A4AA4444AAAAAA....~4.AAAAA.AAAAAAAAAAA.AAAAAA...AA**--*** BACKGROUND: On September 29, 2005, the Public Safety Coordinating Council agreed and recommended along with the Criminal Justice Information Systems (CJIS) Committee, that the St. Lucie County Criminal Justice Data Exchange Project be implemented. The Data Exchange Project will provide point to point fiber optic lines from the Sheriff's Department to the State Attorney and Clerk's Offices. These fiber optic lines will be more efficient in the transmission of data, and will remove barriers to information flow which causes a delay in case processing and consumes resources. Furthermore, this data exchange will eliminate the lag time of paper flow from each agency, and will automatically be relayed to the next user. The State Attorney can review cases earlier and screen out weaker cases faster. This new data exchange will also eliminate the wasteful process of printing out data and sending out a paper file to other agencies, or downloading a text file and manually importing it into a database. This improved information flow will result in improved case disposition times, and reduce the average length of stay of incarcerated defendants. Recommendation I Conclusion: Implementation of the St. Lucie County Criminal Justice Data Exchange Project- Consider staff recommendation to accept the recommendation of the Criminal Justice Information System (CJIS) Committee and the Public Safety Coordinating Council, and authorize: (1) the purchase of data communications lines and data communication boxes for $49,800.00 and (2) the one time purchase of Data Sharing Software for the jail management system, with the vendor price not being over $8,000.00 (3) the re-occurring yearly fees $4,032.00, (4) the re-occurring monthly data communication line fees of $2,480.00 per month. Staff also recommends that the Board approve the data exchange Interlocal Agreement with the State Attorney, Sheriff and the Clerk. '-" ...,,¡ These costs would be allocated from budgeted funds in Account Number 0019910599325-800. Staff also recommends that the Board approve the attached Interlocal Agreement with the Sheriff, State Attorney, Clerk, and authorize the Chairman to sigh the Agreement. '-' ......, Interlocal Agreement FOR PROVISION OF DATA EXCHANGE SERVICES FOR THE STATE ATTORNEY AND ST. LUCIE COUNTY SHERIFF THIS INTERLOCAL AGREEMENT is made this day of 2005, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and the STATE ATTORNEY FOR THE NINETEENTH JUDICIAL CIRCUIT (the "State Attorney"), the ST. LUCIE COUNTY SHERIFF (the"Sheriff") and the CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY ( the "CLERK" ). Whereas, on September 29, 2005 the Public Safety Coordinating Council agreed and recommended along with the Criminal Justice Information Systems (CJIS) Committee, that the St. Lucie County Criminal Justice Data Exchange Project be implemented. The Data Exchange Project will provide point to point data communications lines from the Sheriff's Department to the State Attorney and Clerk of Court Offices. The data communications lines will be more efficient in the transmission of data, and will remove barriers to information flow which causes a delay in caSe processing and consumes resources. Whereas, the County will assume responsibility for all payments, including installation and monthly recurring charges, for the vendor agreement entered into by the State Attorney on behalf of the County for the dedicated lines for the data sharing project between the Sheriff, Clerk and State Attorney for the term of the contract, and for the one time fee of Data Sharing Software for the jail management system. NOW, THEREFORE, in consideration of their mutual covenants and promises, the parties agree as follows: 1. SERVICES. The Sheriff, State Attorney, and the Clerk, will develop a network that will transfer inmate/defendant data from the Sheriff's Booking/Jail Management System, to the State Attorney's Data Base and the Clerk's Data Base automatically being relayed to the next user, and eliminate the lag time of paper flow from each agency. 2. BILLING: RATES: PAYMENT. A. The County shall provide funds necessary to process payments as set out in Subsection B below, including installation, software, maintenance and monthly charges, that are received from the State Attorney and the Sheriff. .... ..., B. Rates for services are as follows: $49,000.00 for one time installation of data communication lines and data boxes. Up to $8,000.00, for the Data Sharing Software for the jail management system. Re-occurring yearly maintenance fees of $4,032.00, and monthly re-occurring fiber line fee of $2,480.00. As these fees are amended in future periods, the County agrees to pay any reasonable line fee cost increase. C. Payment by the County will be made in accordance with the policies of the St. Lucie County Finance Department and with the approval from the St. Lucie County Budget and Management Office. All invoices will be received by the Criminal Justice Coordinator, for approval, recording and processing. 3. TERM. The term of this Agreement shall begin on November 22, 2005, and continue until terminated by any party upon no less than sixty (60) days written notice to the other parties. 4. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Third Floor, Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Third Floor, Administration Fort Pierce, Florida 34982 St. Lucie County Criminal Justice Coordinator 2300 Virginia Avenue Third Floor, Administration Annex Fort Pierce, Florida 34982 If to State Attorney: State Attorney 411 South Second Street Fort Pierce, Florida 33454 -- ..." If to Sheriff St. Lucie County Sheriff 4700 W. Midway Road Fort Pierce, FI 34981 If to Clerk Clerk of the Circuit Court P.O. Box 700 Fort Pierce, FI 34954 5. ENTIRE AGREEMENT: AMENDMENT: RECORDING. This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect hereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be recorded wit the Clerk, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have caused the execution of hereof by their duly authorized officials on the dates stated below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ST. LUCIE COUNTY SHERIFF By: Sheriff , . "- ..., STATE ATTORNEY OF THE NINETEENTH JUDICIAL CIRCUIT By: State Attorney CLERK FOR ST. LUCIE COUNTY CIRCUIT COURT By: Clerk \ Y '-' ...., AGENDA REQUEST ITEM NO. C2F DATE: Nov. 22,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SU BJ ECT: Ordinance 05-039 - To Include Single Family Detached Dwellings in Planned Unit Developments as Replacement for Mobile Homes BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board of County Commissioners grant permission to Advertise Ordinance No. 05-039. [x] APPROVED [ ] DENIED [ ] OTHER: COMMISSION ACTION: Approved 5-0 Douglas . Anderson County Administrator [X] County Attorney: [ ] Road & Bridge.: ([1, /~ Review and Approvals [ ]Management & Budget: [ ]Purchasing: [ ) Parks & Recreation Director [ ] Solid Waste Mgr .......... """" INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 05-1909 DATE: November 14, 2005 SUBJECT: Ordinance 05-039 - To Include Single Family Detached Dwellings in Planned Unit Developments as Replacement for Mobile Homes BACKGROUND: Wynne Development Corporation has previously requested approval of conventionally built homes to replace mobile homes in the Spanish Lakes communities. A number of homes in these communities suffered significant damage as a result of last years hurricanes Frances and Jeanne. The intent of their request was to allow the replacement of the units with more substantial structures. In November 9,2004, the Board of County Commissioners directed Staff to accept up to 200 (total all parks included) building permit applications that would result in the construction of conventionally constructed homes in the Spanish Lakes Communities; Spanish Lakes I, Spanish Lakes - Riverfront, Spanish Lakes Fairways and Spanish Lakes Country Club Village. On November 15, 2005, the Board directed staff to accept up to 300 additional (total all parks included) building permit applications that would result in the construction of conventionally constructed homes in the following Spanish Lakes Communities: Spanish Lakes I, Spanish Lakes - Riverfront, Spanish Lakes Fairways and Spanish Lakes Country Club Village. Wynne Development Corp. is requesting to have the ability to be able to eventually replace mobile homes in their communities with conventionally built single family detached dwellings. RECOM M EN DATION I CONCLUSION: Staff recommends that the Board of County Commissioners grant permission to Advertise Ordinance No. 05-039 for a hearing before the Planning and Zoning Commission on December 8, 2005.. KMS/cb Respectfully submitted ¡tJ?- Katherine Mackenzie-Smith Assistant County Attorney Tl / '--' WYNNE BUILDING CORPORATION 8000 South U.S. #1 .suite 402 PortSt. Lucie, Florida 34952 'WI Spanish Lakes Communities Division Port Saint Lucie Prestige Building Division Miami , , . ... '" -- November 4, 200'5 ~~~fD) u..,.~,.,~ Commissioner Frannie Hutchinson Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 ! ~, '~"j~._.'~}~~r (~::n \':,:' ¡¡ [J ,NOV 9 2005 ~ _.- : Ln___.__.....c.. ".>C.. r' J<ri"\f Reference: My J~tter of pctober 11 , 2005 .~. " .'''>-:L'';·''''''.o·;:.·, ',e·~··'·__..·, _ Dear Frannie: I hope that Wilma was kinder to you than last year's predecessors. In our case, I am happy to report that the damage was much less. Additionally, we were impressed by the overall improvements in response by all governmental and private agencies. Sadly, several additional homes that had been "crippled" in last year's storms were rendered as "totals" by Wilma's wrath. After digging in many different files, we found the attached "Agenda Request" dated November 9, 2004. Following three hurricanes in thirteen months, and the long term forecast which calls for increased frequency over many years, I believe the need to extend the limits of this "Agenda Item" is clear. Perhaps all that is needed is to strike the words "up to 200" from the existing language. That would allow us to proceed in an orderly -manner with replacement of damaged or decayed homes. That will be a benefit, in that it will preserve the outstanding quality of life that Spanish Lakes has been koown for during the past 35 years in St. Lucie County. Instead of seeing decày, we will be building a bright secure future and at the same time adding greatly needed tax revenues for the County and the School Board. Please call me after you have had a chance to review the above. Sincerely, Jo JFW: sm w/enclosures Telephones: Port Saint Lucie (772) 878-5513 IVllami (305) 235-3175 ....... ..",., ORDINANCE NO. 05-039 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.01.02 TO INCLUDE SINGLE FAMILY DETACHED DWELLINGS IN RESIDENTIAL PLANNED UNIT DEVELOPMENTS AS REPLACEMENT FOR MOBILE HOMES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board is authorized by Section 125.01(1)(h), Florida Statutes (2004), to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 2. This Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law; 3. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 4. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - March 14, 1991 91-09 - May 14,1991 91-21 - November 7,1991 92-17 - June2,1992 93-01 - February 16, 1993 93-03 - February 16, 1993 93-05 - May 25, 1993 93-06 - May 25, 1993 93-07 - May 25, 1993 94-07 - June 22, 1994 94-1 8 - August 16, 1994 94-21 - August 16, 1994 95-01 - January 10, 1995 96-10 - August 6. 1996 Str~eh tl.r.~!!k passages are deleted. Underlined passages are added. ........ 97 -01 - 97 -03 - 99-02 - 99-04 - 99-1 5 - 99-17 - 00-10 - 00-12 - 01-03 - 02-09 - 02-29 - 04-02- 04-33- 05-03- 05-07 - March 4, 1997 September 2, 1997 April 6, 1999 August 17, 1999 July 20, 1999 September 7, 1999 June 13, 2000 June 13, 2000 December 18, 2001 March 5, 2002 October 15, 2002 January 20, 2004 December 7, 2005 August 2,2005 January 18, 2005 97 -09 - 99-01 - 99-03 - 99-05 - 99-16 - 99-18 - 00-11 - 00-1 3 - 02-05 - 02-20 - 03-05 - 04-07 - 05-01- 05-04- 05-16- .."" October 7, 1997 February 2, 1999 August 17, 1999 July 20, 1999 July 02, 1999 November 2, 1999 June 13, 2000 June 13, 2000 'June 24, 2002 October 15, 2002 October 7, 2003 April 20, 2004 March 15, 2005 August 2, 2005 August 16, 2005 5. On , the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 6. On . this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on 7. On , this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on 8. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. The specific amendments to the St. Lucie County Land Development Code to read as follows, include: Struch tkreugk passages are deleted. Underlined passages are added. 2 "-" ..; CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00 PLANNED UNIT DEVELOPMENT 7.01.02 AUTHORIZED USES A. PERMITTED usES 1 Any permitted, conditional or accessory use in the Agricultural-l (AG-l); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation in the Agricultural-l (AG-l); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation (RC); Residential, Estate-l (RE-l); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-ll (RM-ll); and Residential, Multiple-Family-15 (RM-15) zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(B ). £ Any residential planned unit development including any development that has been granted final planned unit development approval may request the building official issue permits to build conventionally built single family detached dwellings that comply with the building code to replace a mobile home as long as the conventionally built single family detached dwelling does not exceed the maximum size of the mobile home that would have been allowed on the lot. B. NONRESIDENTIAL DEVELOPMENT USES Uses of the types permitted in the Commercial, Neighborhood (CN) District are also permitted up to an amount not to exceed three (3) percent of the gross area of the Planned Unit Development or ten (10) acres, whichever is less. In addition, playgrounds, public and non-public parks, golf courses, country clubs, bicycle paths, racquet sports Str~ch t¡'re~9" passages are deleted. Underlined passages are added. 3 '-" ....", facilities, riding stables, marinas, clubhouses, and lodges may be permitted in a Planned Unit Development District. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY . If any portion of this ordinance is for any reason held or declared to be unconstitutional. inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Joseph E. Smith xxx XXX XXX $tp~el( thPð~!Jh passages are deleted. Underlined passages are added. 4 '-' ...,,¡ Commissioner Paula A. Lewis Commissioner Chris Craft xxx xxx PART H. CODIFICA TION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTED this _ day of ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS County Attorney $tr~eI( thre~g¡' passages are deleted. Underlined passages are added. 5 \ y '- AGENDA REQUEST ITEM NO..,I<C Date: November 22,2005 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Permission to Advertise - Ordinance No. 06-001 Bicycle Helmets BACKGROUND: See c.A. No. 05-1922 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMEND A TION: Staff requests permission to advertise proposed Ordinance No. 06-001 for public hearing on January 3, 2006 at 6:00 pm or as soon thereafter as may be heard. [)è APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Approved 5-0 o las . Anderson County Administrator County Attorney: Jy Coordination/Sil!natu res Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable): \.r' ....tI INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 05-1922 DATE: November 22, 2005 SUBJECT: Permission to Advertise - Ordinance Number 06-001 - Bicycle Helmets BACKGROUND: The Florida Legislature adopted Chapter 96-185, Laws of Florida, which required, effective January 1,1997, that any bicycle rider or passenger who is under sixteen (16) years of age must wear a bicycle helmet. Section 3 of Chapter 96-185 provided that a county could exempt itself from the provisions of Section 316.2065(3)(d) and (16), Florida Statutes if the Board of County Commissioners: (1) Passed an ordinance to that effect before January 1, 1998; and, (2) Provided notice, held a hearing, and took testimony before passing the ordinance. On December 17, 1996, the Board of County Commissioners passed Ordinance No. 96-29 creating Section 1-20-61 of Article III "Bicycle Safety" of Chapter 1-20 of the Code of Ordinances, which exempted St. Lucie County from the provisions of Section 316.2065(3)(d). Ordinance No. 06-001 would delete Section 1-20-61 of Article III of the Code of Ordinances and revoke St. Lucie County's exemption from the provisions of Section 316.2065(3)( d) and (16), Florida Statutes. Any bicycle rider or passenger who is under sixteen (16) years of age would then be required to wear a bicycle helmet in St. Lucie County. RECOM MEN DA nON I CON ClUSION: Staff requests permission to advertise proposed Ordinance No. 06-001 for public hearing on January 3, 2006 at 6:00 p.m. or as soon thereafter as may be heard. .~~ HL/ G :\ATTY\LUEKE\OS-1922.wpd -1- '-" '-' ,. ORDINANCE NO. 06-001 AN ORDINANCE DELETING SECTION 1-20-61 OF ARTICLE III "BICYCLE SAFETY"OF CHAPTER 1-20 OF THE CODE OF ORDINANCES WHICH HAD EXEMPTED ST. LUCIE COUNTY FROM THE PROVISIONS OF SECTION 316.2063(3)(D) AND (16), FLORIDA STATUTES WHICH REQUIRES THAT A BICYCLE RIDE ORP ASSENGER WHO IS UNDER SIXTEEN (16) YEARS OF AGE MUST WEAR A BICYCLE HELMET THAT MEETS THE STANDARDS OF THE AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI Z 90.4 BICYCLE HELMET STANDARDS), THE STANDARDS OF THE SNELL MEMORIAL FOUNDATION (1984 STANDARD FOR PROTECTIVE HEADGEAR FOR USE IN BICYCLING) OR ANY OTHER NATIONALLY RECOGNIZED STANDARDS FOR BICYCLE HELMETS; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO LAW ENFORCEMENT AGENCIES WITHIN THE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature adopted Chapter 96-185, Laws of Florida, which required, effective January 1,1997, that any bicycle rider or passenger who is under sixteen (16) years of age must wear a bicycle helmet; and, WHEREAS, Section 3 of Chapter 96-185 provided that a county could exempt itself from the provisions of Section 316.2065(3)( d) and (16), Florida Statutes if the Board of County Commissioners: (1) Passed an ordinance to that effect before January 1, 1998; and, (2) Provided notice, held a hearing, and took testimony before passing the ordinance; and, WHEREAS, on December 17, 1996, the Board of County Commissioners passed Ordinance No. 96-29 creating Section 1-20-61 of Article III "Bicycle Safety" of Chapter 1-20 of the Code of Ordinances, which exempted S1. Lucie County from the provisions of Section 316.2065(3)( d); and, WHEREAS, the Board has detennined that the deletion of Section 1-20-61 of Article III and the revoking of S1. Lucie County's exemption from the provisions of Section 316.2065(3)(d) and (16), Florida Statutes is in the best interest of the health, safety and welfare of the citizens ofS1. Lucie County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. Section 1-20-61 of Article III "Bicycle Safety" of Chapter 1-20 of the Code of '-' ~ Ordinances is hereby deleted in its entirety thereby revoking St. Lucie County's exemption from the provisions of Section 316.2065(3)( d) and (16), Florida Statutes. PART B. SEVERABILITY Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART C. TRANSMITTAL TO LAW ENFORCEMENT AGENCIES The County Administrator is hereby requested to transmit a copy ofthis ordinance to the various law enforcement agencies within St. Lucie County. PARTD. EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward XXX Vice Chairman Chris Craft XXX Commissioner Joseph E. Smith XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section," "article" or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to F shall not be codified. PASSED AND DULY ADOPTED this _ day of ,2005. ....... ""'" ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney ~ " \w AGENDA REOUEST ITEM NO. C-~ Date: November 22, 2005 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Bear Point Mitigation Bank - First Amendment to September 19, 2000 Bear Point MÜigation Bank Agreement with the Daggett and Koblegard Families BACKGROUND: See c.A. No. 05-1924 FUNDS A V AIL. (S tate type & No, of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the September 19,2000 Bear Point Mitigation Agreement, and authorize the Chairman to sign the First Amendment COMMISSION ACTION: CE: [)( APPROVED [] DENIED [ ] OTHER: Approved 5-0 Douglas . Anderson County Administrator County AttorneY' Jy Coordination/SÍlwatu res Mgt. & Budget: Purchasing' Originating Dept. Other: Other: Finance (Check for Copy only, if applicable): \.r' ....." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 05-1924 DATE: November 16, 2005 SUBJECT: Bear Point Mitigation Bank - First Amendment to September 19,2000 Bear Point Mitigation Bank Agreement with the Daggetts and Koblegards BACKGROUND: On September 19, 2000, St. Lucie County and the St. Lucie County Mosquito Control District entered into an agreement with the Daggetts and Koblegards for the creation of the Bear Point Mitigation Bank. The agreement provided for a semi-alllmal distribution of eighty percent (80%) of the funds generated by the sale of mitigation bank credits until the purchase price for the property was paid in full. The families have requested that the agreement be amended to provide for a monthly distribution of their portion of the funds. Staff has reviewed the request and determined that it will not adversely affect the operation of the bank. Attached to this memorandum is a copy of a proposed First Amendment to the Bear Point Mitigation Bank Agreement which provides for monthly distribution of the families' portion of the proceeds beginning with November 2005. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the September 19, 2000 Bear Point Mitigation Agreement, and authorize the Chairman to sign the First Amendment. Respectfully submitted, He~~g Assistant County Attorney Attachment HY/ Copies to: County Administrator Mosquito Control Director Finance Director Management and Budget Director '-' 'will FIRST AMENDMENT TO SEPTEMBER 19, 2000 BEAR POINT MITIGATION BANK AGREEMENT THIS FIRST AMENDMENT is dated this _ day of , by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, hereinafter referred to as "District", a dependent taxing district of the State of Florida, GEORGE H. DAGGETT, JR. and CATHERINE B. DAGGETT, his wife, RICHARD L. DAGGETT and PHYLLIS P. DAGGETT, his wife, WILLIAM R. DAGGETT and MARTHA B. DAGGETT, his wife, and ESTATE OF MARCIA M. COMILLA, hereinafter referred to collectively as the "Daggetts"; and RUHL W. KOBLEGARD, JR., RUPERT N. KOBLEGARD, III, MARY ANN K. BRYAN, FRANCES K. HARCUS, WENDELL K. BISHOP, LAURA K. HAYES, SINCLAIR JOHN HARCUS, JR., JANE LEE HARCUS HILL, DAVID RUHL HARCUS, RUHL WENDELL KOBLEGARD, III, and CHRISTINE KOBLEGARD PYLES, hereinafter referred to collectively as the "Koblegards". WHEREAS, on September 19, 2000, the parties entered into an agreement, hereinafter referred to as the "Agreement" for the creation of the Bear Point Mitigation Bank, hereinafter referred to as the "Bank"; and, WHEREAS, the parties desire to amend the Agreement to provide for monthly distribution of mitigation bank credit sales to the Daggetts and the Koblegards. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 4. DISTRIBUTION OF MITIGATION BANK CREDIT shall be amended to read as follows: 4. DISTRIBUTION OF MITIGATION BANK CREDIT SALES. A. The parties agree that the County shall atIDually distribute to the Daggetts and Koblegards a total of 80% of the funds generated by sale of credits from the mitigation bank until such time as the total purchase price is paid in full. The Daggetts shall receive 23.7% of the annual distribution to the Daggetts and the Koblegards. The Koblegards shall receive 76.3% of the annual distribution to the Daggetts and the Koblegards. These payments shall be credited against the purchase prices set forth above in Paragraph I. The County shall retain 20% of the funds generated annually by the operation of the mitigation bank for the restoration, operation, and administration of the mitigation bank, and escrows required by the permits, if any, whether temporary or in perpetuity. For the period September 19, 2000 through and including November 1,2005, the County shall disburse any monies pursuant to this paragraph semi-annually on or before November 1 st and May 1 st. -1- ...... 'WII Beginning November 20, 2005, and thereafter monthly on or before the twentieth day of each month based upon credit reservations and purchases during the previous month. The County agrees that until the Daggetts and Koblegards are paid the amount identified in Paragraph I that the County shall not directly or indirectly itself or through any of its districts (dependent or independent), departments or agencies, operate, maintain or participate in another saltwater mitigation bank or any such similar enterprise or until all credits have been sold in the mitigation bank, whichever first occurs. The County agrees to actively market the availability of credits in the mitigation bank. In the event the State of Florida no longer permits the purchase of mitigation bank credits as a means of achieving required mitigation or in the event no credits are sold within ten (10) years from the date of this Agreement, the County may pay the remaining amount of their respective purchase prices to the Daggetts and the Koblegards either in a lump sum or in equal amounts bearing interest at 6% per year over a term not to exceed ten (10) years. If the County chooses to make periodic payments, the County shall deliver a note to the Daggetts and the Koblegards evidencing the County's obligation. The note shall not be secured by a pledge of the fun faith and credit of the County or secured by a mortgage of property owned by the County. In the alternative, if the County determines not to purchase the property, the County shall reconvey to the Daggetts and Koblegards respectively that portion of the properties for which the Daggetts and the Koblegards have not been compensated as of the date of the reconveyance based upon the percentage of credits sold as of such date, subject to the Daggetts and Koblegards simultaneously granting to the District an easement for mosquito and sandfly control activities which shall be irrevocable for a period of one (J) year and thereafter, revocable by the owners upon tllirty (30) days prior written notice. The transfer shall be by warranty deed and the title conveyed shall be as when originany transferred to the County. The County agrees to take no action that would adversely impact the title as it exists when conveyed to the County. The County further agrees for itself and an its agencies that if the retransfer occurs that the initial transfer shall not be construed to have waived, released or adversely impacted in any way any rights appurtenant to the land, including rights vested therein in the owners if any. The County and the District shall construct no additional improvements on the property while subject to such easement without the prior written consent of the Daggetts and the Koblegards. In order to ensure most effective management, the property retained by the County shall be adjacent to the Bear Point Sanctuary or such other property owned by the County or the District as of the date of this Agreement. 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. -2- '-" ....tI IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT DEPUTY CLERK BY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: RICHARD L. DAGGETT, as agent for the Daggetts RICHARD L. DAGGETT -3- ....... WITNESSES: ..",.¡ RUPERT N. KOBLEGARD, III, as agent for the Koblegards RUPERT N. KOBLEGARD, III g: \a tty\a gree In n t\l a -bea r. po in t. 0 5.A. wpd -4 - .", " '-' AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: Capron Trails Mine - Surety Bond BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: ...., ITEM NO. Sd.;r DA TE: November 22, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre RECOMMENDA TION: Staff recommends that the Board accept the new $110,125.00 Surety Bond from Dickerson Florida, Inc. COMMISSION ACTION: [XI APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: $, Review and Approvals ou as Anderson County Administrator Originating Dept. Public Works Dir: Management & Budget Purchasing: 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.: 05-1920 DATE: November 16, 2005 SUBJECT: Capron Trails Mine - Surety Bond w*..*.*************.*.*******.********·*·*·*····*·····........**...*.*........ BACKGROUND: The Capron Trails Mine property, located in northern St. Lucie County, was granted conditional use approval to mine in 1989. The original mining permit was approved by the Board on March 28,1989 and allowed for approximately 80 acres to be excavated. The mining permit has been modified to expand the mining operation from 80 to 240 acres. The reclamation bond has been increased from $45,000.00 to $110,125.00 in accordance with Tract 3 Reclamation Cost Estimate dated July 14,2005, Dickerson Indrio Road Mine Operation. Attached to this memorandum is a copy of the Rider increasing the Surety Bond. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board accept the new $110.125.00 Surety Bond from Dickerson Florida, Inc. DSM/caf Attachment ~ """'" SEABOARD SURETY COMPANY Increase/Decrease Rider To be attached to and form part of Contractor's Surety Bond Number 400SS2761 issued by Seaboard Surety Company, as Surety on Behalf of Dickerson Florida, Inc., as principal in favor of Board of County Commissioners of St. Lucie County, Florida. Said bond having been issued in the amount of Forty five thousand and 00/100 Dollars ($45,000.00) effective from the 28th day of March, 2003. It is hereby understood and agreed the amount of the aforesaid bond is hereby increased from Forty five thousand and 00/100 Dollars ($45,000.00) to One hundred ten thousand one hundred twenty and 23/100 Dollars ($110,120.23) effective as of the 18th day of October, 2005 in accordance with Tract 3 Reclamation Cost Estimate Dated July 14,2005, Dickerson Indrio Road Mine Operation. Provided, however, the liability of the Surety defaults occurring prior to the 18th day of October, 2005 shall not exceed Forty five thousand and 00/100 Dollars ($45,000.00) and the liability for defaults occurring after the 18th day of October, 2005 shall not exceed One hundred ten thousand one hundred twenty and 23/100 Dollars ($110,120.23) and the total liability of the Surety shall in no event exceed One hundred ten thousand one hundred twenty and 23/100 Dollars ($110,120.23). Signed, sealed and dated this 18th day of October, 2005. By: TheStRlul POWER OF ATTORNEY Seaboard Surety Company SI. Panl Fire and Marine Insurance Company St. Paul Guardian Insurance Compan)' St. Paul Mereur~' Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 22821 Certificate N°'13 5 3115 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that 51. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company ¡Iud St. Paul Mercury Insurance Company are corporations duJy organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance T]nderwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies''). and that the Companies do hereby make, constitute and appoint Wallace N. Hyde and Karen K Beard Asheville North Carolina of the City of , State , their true and lawfuJ Attomey(s)~jn-Fact, each in their separate capacjty if more than one. is named above, to sign its name as surety to, and to execute, seal and acknowJedge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fideJity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by h:lw IN WITNESS WHEREOF, the Companies have caused this mstrument to be signed and sealed this 30th day of October 2001 Seaboard Surety Company St. Paul Fire and Marine Insnrance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company .I.~;~~ (:\~tURA~~\c¡.,\ .7:. _.._ :ni \;\SEAL/g¡ "'> :::::~"'J x~:Y o ~ United States Fidelity and Gnaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. r" :~'!:::::::! ~e.¡/~ State of Maryland City of Raltimore THOMAS E. HUIBREGTSE. Assistant Secretary 30th October 2001 On this day of , before me, the undersigned officer, personaJly appeared John F Phmney and Thomas E. Huibregtse, who acknowledged themselves to he the Vice President and Assistant Secretary, respecdvely, of Seaboard Surety Company, 51. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that-the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the IJames of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and otlicial seaJ. ~t~.~ My CommissJOn expires the 13th day of July, 2002. REBECCA EASLEY-ONOKALA. Notary Public 86203 Rev, 7-2000 Printed in U.S.A. 1. , y w AGENDA REOUEST I/' ITEM NO. C-r:! ADDITIONS Date: November 22, 2005 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Fire/EMS Impact Fees - Permission to advertise public hearings on proposed Ordinance No. 05-042 amending Fire/EMS Impact Fees BACKGROUND: See c.A. No. 05-1938 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staffrequests permission to advertise proposed Ordinance No. 05-042 for public hearings before the Local Planning Agency/St. Lucie County Planning and Zoning Commission on December 8, 2005, and the Board of County Commissioners on December 13, 2005 and December 20, 2005. COMMISSION ACTION: [)( APPROVED [] DENIED [ ] OTHER: Approved 5-0 Douglas . Anderson County Administrator Coordination/Sil!natures County Attorney: ~ fn OJ' N Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance (Cl1cck lor Copy only, if applicable): '-" """" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 05-1938 DATE: November 17, 2005 SUBJECT: Fire/EMS Impact Fees - Permission to advertise public hearings on proposed Ordinance No. 05-042 amending Fire/EMS Impact Fees BACKGROUND: On November 16,2005, the St. Lucie County Fire District adopted Resolution No.448-05 which adopted the Fire/EMS Impact Fee Study conducted by Walter H. KeIler, Inc. and requested the Board of County Commissioners amend St. Lucie County's Fire/EMS Impact Fee Ordinance to incorporate the revisions recommended in the study. Attached to this memorandum is a copy of proposed Ordinance No. 05-042 which would amend the Fire/ESM Impact Fee Ordinance as requested by the Fire District. If adopted, the ordinance would take effect on January 1, 2006. A copy of the Fire District resolution, including the study, is also attached. Staff requests permission to advertise the proposed ordinance for public hearings before the Local Planning Agency/St. Lucie County Planning and Zoning Commission on December 8, 2005, and the Board of County Commissioners on December 13, 2005 and December 20, 2005. RECOMMENDATION/CONCLUSION: Staff requests permission to advertise proposed Ordinance No. 05-042 for public hearings before the Local Planning Agency/St. Lucie County Planning and Zoning Commission on December 8, 2005, and the Board of County Commissioners on December 13, 2005 and December 20, 2005. Respectfully submitted, ~Þõ- Heather Young Assistant County Attorney Attachments HY/ Copies to: '-' ...., County Administrator Assistant County Administrator Outlaw Strategy and Special Project Director Finance Director Management and Budget Director Fire Chief ....... ....., ORDINANCE NO. 05-042 AN ORDINANCE AMENDING ARTICLE V, CHAPTER 1-7.9, FIRE/EMS IMPACT FEE, ST. LUCIE COUNTY CODE AND COMPILED LAWS BY AMENDING SECTION 1-7.9-06, COMPUTATION OF THE AMOUNT OF FIRE/EMS PROTECTION IMPACT FEE TO INCREASE THE FEE, PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE: PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The St. Lucie County Comprehensive Plan establishes that land development shall not be permitted unless adequate capital facilities exist or are assured; and 2. The St. Lucie County Comprehensive Plan establishes that land development shall bear a proportionate share of the cost of the provision of the new or expanded capital facilities required by such development; and 3. Policy 11.1.2.4 of the St. Lucie County Comprehensive Plan recognizes the obligation of future development in the community to be responsible for paying 100'Yo of its capital facility/improvement impacts; and 4. The Florida Legislature through the enactment of Section 163.3202(3), Florida Statutes, has sought to encourage local governments to enact impact fees as land development regulations; and 5. The St. Lucie County Fire District has requested the Board of County Commissioners to adopt a Fire/EMS Protection Impact Fee to be paid by new development and to be earmarked for Fire/EMS Protection Capital Improvements. 6. The St. Lucie County Fire District has determined the property tax revenue generated by new development has not been adequate to support the Fire/EMS Protection Facilities necessary to ensure that current Fire/EMS facilities levels of service can be provided concurrent with the occupancy of the new development. Underline is for addition. -1- Stril(e Thrô~gl , is for deletion. \.r' ...., 7. On December 8, 2005, the Local Planning Agency/St. Lucie County Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing two notices in The Port St. Lucie News and The Tribune at least ten (10) days prior to the hearing and recommended that the proposed ordinance be adopted as drafted. 8. On December 13, 2005, this Board held its first public hearing on the proposed ordinance after publishing a notice of such hearing in The Tribune and the Port St. Lucie News on 9. On December 20, 2005, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune and the Port St. Lucie News on 10. The Board of County Commissioners has reviewed and accepted a Technical Memorandum on an Update of Fire/EMS Protection Impact Fee for St. Lucie County, dated November 16, 2005, prepared by Walker H. Keller, Inc. 11. The proposed amendments to Article I, Fire/EMS Protection Impact Fee are consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, be it ordained by the Board of County Commissioners of St. Lucie County: Part A. ARTICLE I "FIRE/EMS PROTECTION IMP ACT FEE" OF CHAPTER 1- 7.9 (FIRE PROTECTION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED AS FOLLOWS: ARTICLE I FIRE/EMS PROTECTION IMPACT FEE Section 1-7.9-06. Computation of the Amount of Fire/EMS Protection Impact Fees. A. At the option of the feepayer, the amount of the fee may be determined by the following fee schedule: Underline is for addition. -2- ~tri¡(" n\Fð~9M is for deletion. '-' ....., FIRE/EMS PROTECTION IMPACT FEE COUNTYWIDE ASSESSMENT IMP ACT FEE UNIT OF f~~ 03 of fee as of LAND USE TYPE MEASURE 10101/03 1/1/06 RESIDENTIAL Single-family PER UNIT $2-88 $478 Mobile home/RV ((MHP/RV Park Only) PER UNIT $-M L2Z Multi-Family (All Types) PER UNIT $M8 L2Z Hotel/ Motel PER ROOM ~ $223 Bed & Breakfast Residence (Does not include the primary residence, Single family unit fee must also be assessed for the residential portion of use) PER ROOM ~ $223 All other residential PER UNIT ~ $478 OFFICE & FINANCIAL Medical Office PER 1000 FT2 $±2-§ $282 Other Office PER 1000 FT2 $±2-§ $282 RETAIL TRADE Under 100,000 ft2 PER 1000 FT2 $He $443 100,000 - 399,000 ft2 PER 1000 FT2 $He $443 400,000 ft2 and over PER 1000 FT2 $He $443 GASOLINE SERVICES Service Station PER PUMP STATION $He $1.465 INDUSTRIAL Warehouse PER 1000 FT2 ~ LM Truck Terminal PER 1000 FT2 ~ LM General Industrial PER 1000 FT2 ~ LM INSTITUTIONAL School-Elementary PER 1000 FT2 $He $426 School-Middle/High PER 1000 FT2 $He $426 Day Care Center PER 1000 FT2 $He $426 Fraternal Organization PER 1000 FT2 $He $426 Hospital PER 1000 FT2 $He $426 Nursing Home PER 1000 FT2 $He $1,055 Library PER 1000 FT2 $M9 $426 Underline is for addition. -3- Stril(e Through is for deletion. '-' .II LAND USE TYPE UNIT OF MEASURE IMP ACT FEE f~~ ð3 of fee as of 10/01/03 1/1/06 RECREATIONAL Park (City/County/State) Recreation Facility - All types Golf Course Movie Theater Per Acre Per Parking Space Per Hole Per 1,000 FT2 $i4e $i4e $i4e L1Q L1Q L1Q $443 NOTE: The fee schedule shown in this Table is subject to annual revision based upon the provisions of Section 1-7.9-17 of this Article. If the type of development activity for which a building permit, electrical permit for a mobile home park or recreational vehicle park is applied for is not specified on the above fee schedule, the County Administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. B. The person applying for the issuance of a building permit or electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the County Administrator indicating that the fees set out in paragraph A above are not appropriate for his particular development. Based upon convincing and competent evidence, the County Administrator may adjust the fee to that appropriate for the particular development. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY . If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Underline is for addition. -4- ~tfihe TI ,I ð~9h is for deletion. '-" """" PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including the incorporated areas even in the absence of interlocal agreements with the affected municipalities. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect January 1, 2006. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward Vice Chairman Chris Craft Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTED this _ day of ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman Underline is for addition. -5- 5trilce Thrð~91. is for deletion. Underline is for addition. '-' APPROVED AS TO FORM AND CORRECTNESS ~ County Attorney -6- Strihe n" õ~9h is for deletion. '- """" ST LUCIE COUNTY FIRE DISTRICT RESOLUTION NO. 448-05 A RESOLUTION OF THE ST. LUCIE COUNTY FIRE DISTRICT ADOPTING FIRE/EMS IMPACT FEE STUDY; REQUESTING THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS TO TAKE ACTIONS NECESSARY TO ENACT AMENDED FIRE/EMS IMP ACT FEES; AND PROVIDING AN EFFECTIVE DATE. WITNESSETH: WHEREAS, the S1. Lucie County Fire District ("Fire District") is responsible for providing fire prevention and protection services, as well as emergency medical services, to all of the citizens and residents located within the jurisdiction and boundaries of S1. Lucie County, Florida; and WHEREAS, population growth throughout S1. Lucie County, Florida, is having severe impact on the demand for fire prevention, fire protection, and emergency medical services by the Fire District and the infrastructure needed to deliver those services; and WHEREAS, fire/rescue and emergency medical services in S1. Lucie County are not currently sufficient to accommodate all anticipated new development without reducing said services, to the detriment of the citizens and residents of S1. Lucie County, Florida; and WHEREAS, new development should pay its proportionate, fair share of the capital costs of governmental services and facilities necessary to accommodate and benefit the new development; and WHEREAS, pursuant to S1. Lucie County Ordinances 00-003 and 03-024, as codified under Article I, Chapter 1-7.9, Code of Ordinances of S1. Lucie County, Florida, the 81. Lucie County Board of County Commissioners has adopted a county-wide Fire/EMS Impact Fee; and '- 'WI WHEREAS, Section 1-7.9-17(d), Code of Ordinances of St. Lucie County, Florida, requires that the St. Lucie County Fire District review the Fire/Impact Fee at least once every five (5) years from October 1,2000; and WHEREAS, on February 16, 2005, the S1. Lucie County Fire District entered into an Agreement with Walter H. Keller, Inc., pursuant to Cooperative RFP #20040085/JS, to conduct a technical feasibility study concerning amendment of the existing Fire/EMS Impact Fee Program; and WHEREAS, on October 19,2005, Walter H. Keller, Inc. submitted its Fire/EMS Impact Fee Study to the St. Lucie County Fire District for its review and approval. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the St. Lucie County Fire District ("Board"), that the following is hereby adopted: Section 1. The Board hereby adopts and approves of the FirelEMS Impact Fee Study, attached hereto as Exhibit "A," and incorporated herein by this reference. Section 2. The Board hereby directs that a copy of this Resolution, including Exhibit "A," be forwarded to the St. Lucie County Board of County Commissioners for its use in amending the FirelEMS Impact Fee, in accordance with Article I, Chapter 1-7.9, Code of Ordinances ofSt. Lucie County, Florida. Section 3. This Resolution shall take effect immediately as provided bylaw. DONE, ADOPTED AND RESOLVED in regular session this /6 day of November, 2005. ATTEST: ~-<)/-~dr- ~ ~£rd W, Clerk ST. LUCIE COUNTY FIRE DISTRICT By: 2 · : '- 'W 51. Lucie County, Florida Fire District Fire/EMS Impact Fee Study November 16,2005 I - .. .1 Walter H. Keller. Inc. _I ...-.... Consulting Engineers & Planners - - .. Coral Springs. Sewall's Point '-'I ...." CD FirelEMS Impact Fee Study Introduction · Project Team Member Walter Keller, PE., AICP. Lead Consultant ThomasG. Wright, Esq. LegalSubconsuftant · Fire/EMS Impact Fee History · Need to Update Technical Basis for Fee Schedule 1.1 .1 Walter H. Keller, Inc. _ _ PK. Consulting Engineers & Planners - - ... Coral Springs. Sewall's Point ~ 'WI CD Fire/EMS Impact Fee Study Impact Fee Study & Methodology · Update County Population and Demographic Information · Utilize District Service Call Experience · Five Year District Capital Improvement Program · Adjust Capital Improvement Program for New Residents · Develop Capital Cost for New Residential & Non Residential Uses · Prepare Fee Schedule for Various Users 1.1 .1 Walter H, Keller. Inc, _ _ ÞIi.. Consulting Engineers & Planners - - ., Coral Springs. Sewall's Point 'wi' ..., o Fire/EMS Impact Fee Study Fire/EMS Impact Fee Study (October 2005 Report) · Service Calls for Fire/EMS (2002 - 2004) (Table 1) · Fire/EMS Service Call Experience (Feb - June 2005) (Table 2) · 5 Yr Capital Improvement Program Assignable to Impact Fees (Table 9) · Draft October Fire/EMS Fee Schedule (Table A-5) Iii 111.- Walter H, KalleL Inc, ~ Consulting Engineers & Planners _ _ .... Coral Springs. Sewall's Point '-, ....., o FirelEMS Impact Fee Study Table 1 - Service Calls (2002 - 2004) 2002 2003 2004 Ca II TVDe Calls ala Calls ala Calls ala Fire 3,994 14% 4,134 13% 5,207 15% EMS 24,635 86% 26,635 87% 29,031 85% Total 28,629 30,769 34,238 Source: St. Lucie County Fire District LlJI 8.1 Walter H. Keller, Inc. .... Consulting Engineers & Planners ." Coral Springs. Sewall's Point 'wr '.I o Fire/EMS Impact Fee Study Table 2 - Service Call Experience 2117·7/6/05 2117-7/6/05 Avg of, '40 days o¡. of 140 days 'loot EMS/Fire land Use EMS Calls Total Fire Calls Tolal Call % Rnidential 1 or 2 Family 5,265 527 Mobile Home Mu"ì-Family 237 24' HotellMolel 47 36 Street/Driveway 377 100 Sub-Total 5926 47.91,k 904 38.8% 43.35% Office Medical Office 328 14 Other Office 48 18 Sub-Total 377 3.0% 32 1,4% 2.21% Industrial Warehouse 4 Tf1Jck Terminal GenerallndlJstrial 50 35 Sub-Total 50 0.4% 35 1.5% O.951,{, Gasoline Service Station 43 17 Sub-Total 43 0.3% 17 0.7% 0.54% Recreational Park (Public) Per Acre Ree. Facility (1000 sf) 42 25 Golf Course Per Acre Sub- Total 42 0.3·~ 25 1.1% 0.71% Institutional GO\o'ernmenUCourthouse 27 10 School· Elem 27 9 School - Middle/High 75 8 Day Care Per Student 13 27 Frat. Org. Per Parking 4 2 Hospital Per Bed 88 20 Nursing Home Per Bed 913 63 library Per 1000 SF 1 Jail/Asylum/Halfway 23 2 Disability Facility 24 15 Place of Worship/Funeral Parlor 19 19 Sub·Total 1213 9.8% 176 7.6% 8.68% Retail Per 1000 SF All Retail 332 99 Commercial Roadways 173 39 Sub~Total 505 4,1% 138 5.9% 5.00% Others VacanUOpen land 18 69 Special Property 224 49 Water Area5 20 Roadways 970 211 Sub·Total 1232 10.0% 32" 14.1% 12.04% Not Classified NNN None 774 294 UUU Undetermined 257 121 Others with Property Use 75 29 Calls with Blank Property Use 1,887 228 Sub-Total 2993 24.2'% 672 28.9% 26.52% Total 12,381 100.0% 2,328 100.0% Source Walter H. Keller, Inc $1. Lucie County, EMS/Fire District WI .# Walter H. Keller, Inc. IiiIIt. Consulting Engineers & Planners _ _ ." Coral Springs. Sewall's Point - ~ ..., CD FirelEMS Impact Fee Study Table 9 - 5 Year Capital Improvement Plan (Subject to Impact Fees) Initial Resulting Capital Improvement Item Cost Estimate Factor Capital Cost Facilities, Land and Furnishings (Table 5) $ 22,874,044 35% $ 8,005,915 Equipment - New Vehicles (Table 6) $ 4,066,329 50% $ 2,033,165 Equipment - Replacement Vehicles (Table 7) $ 420,188 100% $ 420,188 Communications Enuinment (Table 8) $ 527 594 50% $ 263.797 Subtotal $ 27,888,155 $ 10,723,065 Source: Walter H. Keller, Inc. I. .. 81 Walter H. Keller line, _ _..... Consulting Engineers & Pianners _ _ .,. Coral Springs. Sewall's Point - - - '-' ...." o FirelEMS Impact Fee Study Table A-S - Proposed Fire/EMS Impact Fee Schedule Unit of Proposed Current land Use Tvoe Measure Rate Rate Residential Single Family per unit $523 $294 Mobile Home/RV Unit per unit $106 $83 Multi-Family 1/2 firs per unit $106 $151 Multi-Family 3+ firs per unit $106 $151 Hotel/Motel per room $244 $227 Bed & Breakfast per room $244 $227 Other Residential per unit $523 $294 Office & Financial Genera I Office 1.000 sqft $308 $128 Medical Office 1,000 sqft $308 $128 Retail Retail - under 100.000 sqft 1,000 sqft $485 $143 Retail - 100,000 - 499,999 sqft 1,000 sqlt $485 $143 Retail - 500,000 sqlt up 1.000 sqlt $485 $143 Gasoline Services Gasoiine Station 1,000 sqlt $1,602 $143 Industrial Warehouse 1,000 sqlt $70 $33 Truck Terminal 1.000 sqlt $70 $33 Genernallndustrial 1.000 sqlt $70 $107 Institutional Elementary School 1.000 sqlt $465 $143 Middle/High School 1.000 sqft $465 $143 Day Care Center 1.000 sqft $465 $143 Fraternal Org. 1.000 sqft $465 $143 Hospital 1.000 sqft $465 $143 Nursing Homes per Bed $1.154 $143 Library 1,000 sqft $465 $143 Recreational Park (City/County/State) Acre $44 $143 Recreation Facility - All Type Acre $44 $143 Golf Course Acre $44 $143 Movie Theater 1,000 sqft $485 $143 Source: Walter H, Keller. Inc. I. · .1 Walter H. KelleL Inc, .,..r-., Consulting Engineers & Planners ,. Coral Springs. Sewall's Point ~ - -- '-"' ....,¡ CD FirelEMS Impact Fee Study Proposed Fire/EMS Impact Fee Schedule · New Population Forecast · Adjustment of Impact Fee Per New Population Forecast · Revised Impact Fee Schedule / Table 9 · Comparison of County Fire/EMS Impact Fees · Comparison of Proposed County Rate with Other Counties I . __-'I. Walter H. Keller, Inc, ~;_ Consulting Engineers & Planners _ _ ,. Coral Springs · Sewall's Point - -- ~ .....,' o Fire/EMS Impact Fee Study Table 9 - 5 Year Capital Improvement Plan (Subject to Impact Fees) Initial Resulting Capital Improvement Item Cost Estimate Factor Capital Cost Facilities, Land and Furnishings (Table 5) $ 21,268,320 33% $ 7,088,731 Equipment - New Vehicles (Table 6) $ 4,066,329 50% $ 2,033,165 Equipment - Replacement Vehicles (Table 7) $ 420,188 100% $ 420,188 Communications Eouipment (Table 8) $ 527 594 50% $ 263 797 Subtotal $ 26,282,430 $ 9,805,880 Source: Walter H. Keller, Inc. 1.1 .1 Walter H. KelleL Inc. _ _ JiiK. Consulting Engineers & Planners - - .... Coral Springs. Sewall's Point '-' ....", ® FirelEMS Impact Fee Study Table A-5 - Proposed Fire/EMS Impact Fee Schedule U nit of Current D raft Rate Proposed Land Use Tvoe Measure Rate IOctl Rate INov} Residential Single Family per unit $294 $523 $478 Mobile Home/RV Unit per unit $83 $106 $97 Multi-Family 1/2 firs per unit $151 $106 $97 Multi-Family 3+ firs per unit $151 $106 $97 Hotel/Motel per room $227 $244 $223 Bed & Breaklast per room $227 $244 $223 Other Residential per unit $294 $523 $478 Office & Financial General Office 1,000 sqft $128 $308 $282 Medical Office 1.000 sqft $128 $308 $282 .Bmi.! Retail - under 100,000 sqft 1,000 sqft $143 $485 $443 Retail- 100,000 - 499,999 sqft 1,000 sqft $143 $485 $443 Retail - 500,000 sqft up 1,000 sqft $143 $485 $443 Gasoline Services Gasoline Station 1 ,000 sqft $143 $1.602 $1,465 Industrial Warehouse 1,000 sqft $33 $70 $64 Truck Terminal 1,000 sqft $33 $70 $64 Genernallndustrial 1,000 sqft $107 $70 $64 Institutional Elementary School 1,000 sqft $143 $465 $426 Middle/High School 1,000 sqft $143 $465 $426 Day Care Center 1,000 sqft $143 $465 $426 Fraternal Org. 1,000 sqft $143 $465 $426 Hospital 1.000 sqft $143 $465 $426 Nursing Homes per Bed $143 $1,154 $1.055 Libra ry 1,000 sqft $143 $465 $426 Recreational Park (City/County/State) Acre $143 $44 $40 Recreation Facility - All Type Acre $143 $44 $40 Gall Course Acre $143 $44 $40 Movie Theater 1,000 sqft $143 $485 $443 Source: Walter H. Keller. Inc. I_III. Walter H. KelleL Inc. ~ Consulting Engineers & Planners - - .... Coral Springs. Sewall's Point - - '-' "'- @ FirelEMS Impact Fee Study St. Lucie County FirelEMS Impact Fee Comparsion Proposed Other Counties Uoltor Rate Palm Indian Land Use Tyne Measure (NaY) Beach River Martin Residential 800 sqft and Under per unit $223 SOl to 1,100 sqft per unit $333 1,01 to 2,300 sqft per unit $346 2r301 and Over per unit $357 Single Family per unit $478 $484 $278 Mobile Home/RV Uoit per unit $97 $240 $182 Multi-Family 1/2 firs per unit $97 $240 $176 Multi-Family 3+ firs per unit $97 $240 $176 Hotel/Motel per room $223 $806 $160 $234 Bed & Breakfasl per room $223 Other Residenlial per unit $478 Office & Financial General Office I,OOOsqfl $282 $185 $188 181· Medical Office 1.000 sqfl $282 $185 $299 . $282 Retail Retail - under 100,000 sqft I,OOOsqft $443 $225 $502 319· Retail - 100,000 - 499,999 sqft 1,000 sqrt $443 $225 $432 4S7* Retail - 500,000 sqft up 1,000 sqft $443 $225 $351 $433 Gasoline Services Gasoline Pumps Servo Sta. $1,465 $225 $303 $360 [ ndlL~trial Warehouse 1,000 sqf! $64 $46 $68 $59 Truck Terminal 1.000 sqft $64 General Industrial 1,000 sqft $64 $139 $120 $107 Institutional Elementary School I,OOOsqft $426 $185 $17/Student $288 Middle/High School I,OOOsqft $426 $185 $21/Student $272/$276 Day Care Center 1.000 sqft $426 $185 $177 $245 Fraternal Org, I.OOOsqft $426 $185 Hospital I.OOOsqft $426 $185 $275 $307 Nursing Homes per Bed $1.055 $185 $172 $135 Library I.OOO'qft $426 $185 $302 $453 Recreational Park (CJtyICounty/State) Acre $40 $27 $41 Recreation Facility - All Type Acre $40 $417 $303 GoJf Course Acre $40 $429/Hole $1,095/Hole Movie Theater 1,000 'qft $443 $1,490/Screel1 $2,741/Screen Source: Walter H. KeIJer, Inc. PaJrn Beach County, Martin County, St. Lucie County and Indian River County and Notes: Indicates the average. I. i 81 Walter H, KelleL Inc. _ _ __;_ Consulting Engineers & Planners - _ "Corol Springs. Sewall's Point AGENDA REQUEST ITEM~. C-3A DATE: November 22, 2005 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: ~/.i ¡Michael powJ;'y~ County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: First Amendment to Consultant Agreement with John Frank, P.E., to provide Professional Engineering Services on a contract basis. BACKGROUND: See attached memorandum. FUNDS AVAIL.: Funding for the consultant agreement will be made available from the Transportation Trust Capital Budget, "FOOT Match" in the amount of $98,800.00. Funds will be made available in 101003-4113- 531000-400 Transportation Trust-Local Option. PREVIOUS ACTION: May 10, 2005 - BOCC approved a consultant agreement with John Frank to provide civil engineering and project management services from June 1-November 30, 2005 with an optional six-month extension. Total amount not to exceed $49,400.00. RECOMMENDATION: Staff recommends approval of the First Amendment to the consultant agreement with John Frank, P. E., to provide civil engineering and project management services for an additional six-month period (for a total amount not to exceed $98,800.00), and authorization for the Chairman to sign. COMMISSION ACTION: [x]County Attorney [x]Originating Dept. Public Works~ ' john frank2.ag.doc ( J v* oug a Anderson County Administrator "'"""~. A [xr.lgt. & 'Budget . yr~ (xCo. Eng M 1/ ~ [X APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED [x]Exec. Ass! ßPrt'1 [ ]Other '-" DIVISION OF ENGINEERING ..,., MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer MVþ DATE: November 22,2005 SUBJECT: First Amendment to Consultant Agreement with John Frank, P.E., to provide Professional Engineering Services BACKGROUND On May 10, 2005 the County entered into a consultant agreement with John Frank to provide civil engineering and project management services from June 1-November 30, 2005, with an optional six- month extension. This agreement provides for 40 hours weekly, at $47.50 per hour. Attached is the First Amendment to the consultant agreement with John Frank, P.E., for an additional six-month period from December 1, 2005 to May 31, 2006, with a not-to-exceed period of 364 days. The agreement provides for 40 hours weekly, at $47.50 per hour in the amount of $49,400.00, for a total not to exceed $98,800.00. The contract employee will perform engineering work on FDOT funded projects that the County is managing through Local Agency Program (LAP) Agreements and Joint Participation Agreements (JPA's). '-" ., FIRST EXTENSION AND AMENDMENT OF CONTRACT BETWEEN COUNTY AND JOHN J. FRANK, P.E. CONTRACT #C05-05-210 THIS FIRST EXTENSION AND AMENDMENT, is made and entered into this _ day of ,2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and JOHN J. FRANK, P.E. (the "Consultant"). WHEREAS, on May 10, 2005, the County and the Consultant entered into an Agreement whereby the Consultant would provide general civil engineering and project management services for an initial tenn from June I, 2005 until November 30, 2005, with the option to extend the tenn of the Agreement for an additional six months on the same terms and conditions; and WHEREAS, the parties intend to exercise the six-month option and extend the tenn of the Agreement through and including May 30, 2006; and WHEREAS, the parties intend to amend the Agreement to specify compensation for the six month extension; and WHEREAS, the parties intend to amend the Agreement to allow the Consultant the use of a County vehicle for County business if he meets all the requirements of the County to operate a County vehicle. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement: 1. The term of the Agreement is hereby extended through and including May 30,2006 on the same terms and conditions of the original agreement; and 2. Paragraph six of the Agreement is amended to read: 6. Compensation The Consultant shall be compensated for all services rendered under this Agreement as follows: Consultant shall be paid biweekly based on forty (40) hours per week at an hourly rate of $47.50, with an amount not to exceed $49,400 for the initial six month term and an amount not to exceed $49,400 for the six month extension. The total amount of compensation for the entire contract shall not exceed $98,800. All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. 2. Paragraph two of the Agreement is amended to read: 2. Scope of Work The scope of work to be performed by the Consultant under this Agreement is to provide the v ..., County with general civil engineering and project management services forty (40) hours per week during the tenn of this Agreement. The County agrees to allow the Consultant to use office facilities in the County Administrative building as detennined by the County during the tenn of this agreement. Additionally, the County will provide the necessary equipment and materials to perfonn the work as detennined by the County up to and including operating a County vehicle for County business only. The Consultant must meet all the requirements of the County to operate a County vehicle. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon tenns and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: JOHN J. FRANK,P.E. BY: Print Name: Title: G:\ATTY\LUEKE\Frank extension.wpd AGENDA REQUEST ..,,¡ ITEM NO. C-3B DATE: November 22, 2005 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 REGULAR [ J PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: êv1i~ County Engineer SUBJECT: One-Year Extension to the Consultant Agreements for Professional Engineering Services for Bridge Evaluation and Design through December 2, 2006. BACKGROUND: See attached memorandum. FUNDS AVAIL.: nfa PREVIOUS ACTION: January 21, 2003 - Board approved advertising for RFP's. December 2, 2003 - Board approved the shortlist and authorized the Chairman to sign agreements as prepared by the County Attorney. RECOMMENDA TrON: Staff recommends approval of the one-year extension to the Consultant Agreements for Bridge Evaluation and Design with Jenkins & Charland, Inc. and Kimley-Hom and Associates, Inc., and authorize the Chairman to sign. be] APPROVED [ ] OTHER: [ ] DENIED CE: COMMISSION ACTION: Approved 5-0 o 91 Anderson County Administrator [x]Counly Attorney [x]Originating Dept. Public Works~' bridge evaluation extension 2005-f I I/~ Coordination/Sia 1)MgI.&~ [x)Co. Eng ¡v.,v P (xJExec. AssI.~ I Jother '-' ." , DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer DATE: November 22, 2005 SUBJECT: Professional Engineering Services for Bridge Evaluation and Design BACKGROUND December 2, 2003, the Board approved consultant agreements with Jenkins & Charland, Inc. and Kimley-Horn and Associates, Inc., to perform Bridge Evaluation and Design on a continuing basis for a period of two years with an optional one-year extension. '-' ..., ITEM NO. C-3c DATE: November 22, 2005 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: RFP #05-093 - Professional Engineering Services for the Four-Laning of Midway Road from East of the Turnpike Bridge to South 25th Street. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds are available: 101006-4116-563005-4118 TransportationTrustllmpact Fees. PREVIOUS ACTION: July 26,2005 - Board approved the short-listing ofthe three selected firms and authorized staff to request proposals from the firms. RECOMMENDATION: Staff recommends Board approve authorization to negotiate a contract with the top ranked firm, H.W. Lochner, Inc., authorize staff to wor1<. with the second firm if unable to successfully negotiate a contract with the first selection, and authorize the Chairman to sign the contract as prepar d by the County Attorney. [xl County Attorney [x) Originating Oept. Public Works Midway Widening RFP award.ag. Dou as derson . ,~o~~~~istrator ....IP [xl MgI. & Budget ~ [x)Purshasing q£ [x] Exec. Asst. ~ ft 11 [ ¡Other COMMISSION ACTION: [It APPROVED n OTHER [ ] DENIED Approved 5-0 '-" ..., DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer MVP DATE: November 22, 2005 SUBJECT: RFP #05-093 - Professional En~ineering Services for Four-Laning of Midway Road from East of the Turnpike Bridge to South 25 Street. BACKGROUND On May 22, 2005, Letters of Interest (LOI #05-063) were advertised, and on June 22, 2005, Letters of Interest were received. On July 13,2005, the Selection Commttee short-listed three firms (H.W. Lochner, Inc.; Kimley- Horn and Associates, Inc.; and Miller Legg), and on July 26,2005. the Board approved the short-listed firms to provide written proposals. On October 5, 2005, proposals (RFP #05-093) were received from the three firms, and on November 4, 2005, the Selection Committee ranked the three firms in the following order: 1. H.W. Lochner, Inc. 2. Kimley-Horn & Associates, Inc. 3. Miller Legg ""'" ITEM NO. c3c1 DATE: 11/22/2005 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( X ) PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT1: PUBLIC WORKS· ADMIN ~~ SUBJECT: Request approval from the Board of County Commissioners for Change Order No.3 for Lake Michigan Contractors, Inc. in the amount of $345,000.06 for the Taylor Creek Phase I Dredging Project. BACKGROUND: Taylor CreeklC25 Dredging Restoration Project involves the dredging of Taylor Creek from the C-25 spillway and Ft. Pierce Farms Canal No 1 to the Indian River Lagoon Intra-coastal Waterway. The project will involve the removal of approximately 210,000 cubic yards of muck sediments to restore Taylor Creek to original design depth or hard sand bottom. The accumulation of sediments over the past 40 years represents a threat to the health of the seagrasses in the Indian River Lagoon Estuary. Once the sediments are removed, Taylor Creek will function as a silt trap to accumulate silt before it is discharged to the Indian River Lagoon. In addition, the navigation channel will be restored to its full depth to beneFit the public. Phase I involved the dredging of the navigational channel between the Intra Coastal Waterway and the FEC Railroad Bridge, east of US Hwy 1. A total of 94,767 cubic yards of muck sediments was dredged from the channel. A 16 acre spoil containment area was constructed on the Port property, as part ofthe Phase I Project. The muck sediments were dried and hauled to the St. Lucie County Landfill for storage. Change Order # 1 extended the dredging quantity from 81,000 to 94,767 cubic yards, an increase of 13,767 cubic yards. The contract time was extended 62 additional days, to allow for the dredging, dewatering, and hauling of the additional 13.767 cubic yards of muck. Change Order # 2 provided for a pilot project to investigate land spreading a small grantity of muck sediments to enhance the drying process. The price included preparation of the drying site, spreading, and removal of the muck sediments after drying was achieved. Change Order # 3 involves payment of costs related to additional equipment and services that were provided by the contractor in the management and handling of the fine-grained muck sediments. Additional loaders, bulldozers, and excavators were required at the spoil site, and at the Landfill, to dry and load the muck material. The time required to dry the muck was increased due to the hurricanes, and the extremely wet conditions during the winter months. Additional equipment, trucking costs, and labor costs amounted to $345,000 in excess of the contract price. The Contractor implemented a method of land spreading to dry the muck before the truck hauling operations could be done. FUNDS AVAILABLE: Funds are available in the Port Budget with 50% of the funding coming from the FSTED (Florida Ports council Grant) - account # 140329-4310-546300-4657 PREVIOUS ACTION: 3/9/99: Approval of Work Authorization #11 with Williams, Hatfield & Stoner in the amount of 11,000 for preparation of FIND Grant. J v ,."" --- 514199: Approval of Work Authorization #12 with Williams, Hatfield & Stoner in the amount of $25,220 for spoil site selection process. 2/15100: Approval of Work Authorization #13 with Williams, Hatfield & Stoner in the amount of $86,900 for sediment testing and analysis. 3rT1OO: Approval of Work Authorization #14 with Williams, Hatfield & stoner in the amount of $32,200 for a hydrogeologic study of the groundwater at the Seminole property. 511101: Approval of Work Authorization #1 with BCI in the amount of $137,000 for design and permitting of Taylor Creek Project. 2/5/02: Approval of Work Authorization #2 with BCI in the amount of $33,050 for the Taylor Creek Restoration Dredging Project Shoreline Stabilization and Improvements Reach 2. 3/5102: Approval of Work Authorization #3 with BCI Engineers, Inc. in the amount of $17,500 for cost analysis and grant application preparation and submittal to FIND and SJRWMD. 8/22/03: PO #2313380 for Arc Surveying for Hydrographic Survey in the amount of $18,500. 8122103: PO #2313388 for Elab for Analytical Services in the amount of $18,894.00.8122103: PO # 2313379 for Scientific Environmental Services for Soil Sampling in the amount of $10,050.00. 9130103: PO #2313589 for Dredging & Marine Consultants, Inc. for Grant Coordination and Permit Finalization in the amount of $19,990.00. 2104104: Approval of contract with DMC Engineering in the amount of $24,970.00 for preparation of bid documents & specifications. 2117/04: Approval of Work Authorization #4 with BCI in the amount of $7,494.00 for design of spoil site. 3/16/04: Award of Construction Contract for Phase I Dredging of Taylor Creek in the amount of $2,485,820.00. 2122/05: Approval of Change Order #1 in the amount of $243,868.81. 513105: Approval of Change Order # 2 in the amount of $1779.40. RECOMMENDATION: Staff recommends Board of County Commission approval of Change Order No.3 for Lake Michigan Contractor's Inc. in the amount of $345,000,oa<r1d signature by the Chairman. MMISSION ACTION: j APPROVEDO DENIED o OTHER: Approved 5-0 Review and A;;;¡:-aIS ¡¡g ounty Attorney: Environmental lands: ¡¡g Purchasing: #1 o Growth Management: ¡¡g Management and Budget: ¡¡g Finance: te~1 o Other Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Conununity Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' ..J PUBLIC WORKS DEPARTMENT ADMINISTRATION MEMORANDUM TO: Board of County Commissioners Don West, Public Works Director ~\'t\ . October 4, 2005 FROM: DATE: RE: Change Order # 3 for Lake Michigan Contractor's, Inc. ************************************************************************************************************ BACKGROUND: : Taylor CreeklC25 Dredging Restoration Project involves the dredging of Taylor Creek from the C-25 spillway and Ft. Pierce Fanns Canal No 1 to the Indian River Lagoon Intra-coastal Waterway. The project will involve the removal of approximately 210,000 cubic yards of muck sediments to restore Taylor Creek to original design depth or hard sand bottom. The accumulation of sediments over the past 40 years represents a threat to the health of the seagrasses in the Indian River Lagoon Estuary. Once the sediments are removed, Taylor Creek will function as a silt trap to accumulate silt before it is discharged to the Indian River Lagoon. In addition, the navigation channel will be restored to its full depth to benefit the public. During the construction of the Phase 1 Dredging Project, an opportunity to extend the limits of the dredging work was presented by the Contractor. The dredging of the navigation channel was extended to the FEC Railroad Bridge, at the same unit prices per the contract. This allowed the County to lessen the amount of work that will be required in the Phase 2 construction. The additional work increased the dredging quantity from 81,000 to 94,767 cubic yards, an increase of 13,767 cubic yards. The contract time was extended 62 additional days, to allow for the dredging, dewatering, and hauling of the additional 13,767 cubic yards of muck. RECOMMENDATION: Staff recommends Board of County Commission, approval of Change Order No.3 for Lake Michigan Contractor's Inc. in the amount of $345,000.06, and signature by the Chainnan. '-' ""'" CHANGE ORDER 3 ST. LUCIE COUNTY PROJECT: Taylor Creek Dredging Phase I CHANGE ORDER NUMBER: 3 INITIATION DATE: 9/6/05 TO (Contractor): Lake Michigan Contractors, Inc. 265 Kollen Park Dr. Holland, MJ 49423 ST. LUCIE COUNTY CONTRACT NO: C04-03-137 CONTRACT DATE: 3/16/04 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - No) Bid Items Install/Removal30"Culvert .....................................................2@ Lump Sum Import/Place Fill MateriaL.............. ..................................... ...200@SY Maintain Haul Road........... ............................. ................... ...1@LS Extra Fuel Cos!............................ ....... .............................. ...55,250.00 GAL Excavator............................. .................................... ..........3 EA Bulldozer..................... .......................... ........................... ..2 EA Broom Tractor.... .......................... .......................................1 EA Loader............. ... . . . . . . . . . . . . . . . . .......... .. . . . .. . . . . . . . . . .. . . . .. . .. ...........2 EA Increase Cost Hauled Material.......................... ..................... .94,767.00 $ 4,672.83 $ 9.61 $63.611.70 $0.42 per Gal $17,970.00 $17,700.00 $14,442.00 $19,460.00 $ 1.10 $ 9,345.66 $ 1,922.00 $ 63,611.70 $ 23,205.00 $ 53,910.00 $ 35,400.00 $ 14,442.00 $ 38.920.00 $104,243.70 The original (Contract Sum) was........................................................................................................................... $2,485.820.00 Net change by previous authorized Change orders.................................................................................$ 243,868.81 (CO 1) ....................... ............................. ...................................... ................................ ......... ....$ 1,779.40 (CO 2) The (Contract Sum) prior to this Change Order was)...............................................................................$2,731,468.21 The (Contract Sum) will be increased..................................................................................................$ 345,000.06 (CO 3) The new (Contract Sum) including this Change Order will be....................................................................$3,076,468,27 The Contract Time will be changed or unchanged by.................................................................................................... (0) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 11/22/04 Funds Available: Account Number 140329-4310-546300-4657 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing ofthe Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract. and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: SI. Lucie County, Public Works Department Public Works Department Architect/Engineer SI. Lucie County Department 2300 Virainia Ave.. Ft. Pierce. FL 34982 2300 Virainia Ave. FI. Pierce FL 34982 Address Address 8/26/04 By: Donald B. West, P.E., P/W Dir. Date 8/26/04 By: Donald B. West, P.E., P/W Dir. Date Agreed To: Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce. FL 34982 Lake Michiaan Contractors. Inc. Contractor By: Date 265 Kollen Park Dr.. Holland, MI 49423 Address Approved as to Form and Correctness By: Date County Attorney '-' ...., Project: Taylor Creek Restoration Dredging CHANGE ORDER #3 Contractor lake Michigan Contractor Notice to Proceed Date: 411412004 Additional Time: 62 Days 1A Install/Removal 30" Culvert LS 2.00 $4,672.83 $9,345.66 2A ImporVPlace Fill Material SY 200.00 $9.61 $1,922.00 3A Maintain Haul Road LS 1.00 $63,611.70 $63,611.70 5A Extra Fuel Cost GAL 55.250.00 $0.42 $23,205.00 6A Excavator EA 3.00 $17,970.00 $53,910.00 7A Bulldozer EA 2.00 $17,700.00 $35,400,00 8A Broom Tractor EA 1,00 $14,442.00 $14,442.00 9A Loader EA 2.00 $19,460,00 $38,92000 10A Increase Cost Hauled Material SY 94.767.00 $1.10 $104,243.70 Total $345,000.06 UVL... ..V LUlU.... IV.... U"'LJ III rtl^ rill. 1'. u¿ ....." Pab'C 1 of 2 '-" Jim Bundt .--------~..,..- Frem: Larry IMnstead [lwfnstead@onearrow.net] Sent: Tuesday. July 19. 2005 9: 17 AM To: jim@llakerriconlnlctors.com Sub'¡'ct: Leiter to Lake Michigan 0111512005 rsm --. .~_..._.._. '.... . .....- P.o. BOX 3145, JNDTANTOWN, FLORIDA 34~ PHONE 772-597-3110 July J4,2oo5 Lake Michigan Conltactors, Inc. 265 Kollen Pal'le Dr. Holland, Michigan 49423 VJA FAX TO: 616~392-S054/1'liDEXI Electronically Attn: Jim Dundt,. General Manager RE: Cost Overruns! Request for a Change order Mr. Bundt, Please consider this letter a formal request for a. Change Order due to cost overruns caused by the change in conditioDS on the Taylor Creek Dredging Projea. As you know, we met witl) the Sa. Lucie County and their Consultants on July 6,2005, to discuss the additional cost break down tbat I had supplied. We were all in agreement lhat the biggest problem in tho hauling process was approx. 66,000 C. V. of the fine grain malerial. The largest LabOT and E(IUipment ovcmms were determined to be at the County Landfill Dumpsite. The dumpsite had previously been the ground water retention area for the entire dump The problems that we all incurred on this project are well documented and entirely to many to list here. Our cost breakdown was based On a J 5 Week period ending on May 25111. We have since pushed ahead and completed the project al a larger cost OVCIRJn. Those nwnbers are not reflected in our proposal and we would be willing to forego that cost if the County will gi ve consideration to our request. We, at She1tra and SOIl Consln!ction, have incurred additional cost ofS424,259.55 as of May 2Slh, 2005. As a ge~1ure of good faith and teamwork, to help offset the contract time overage thru no fault of the County or this Contractor, We would agree to a Change Order in the amount ofSJOO,OOO.oo for Shcltra and Son Construcùon and $ 45,000.00 for Lake Michigan Contractors along with a release 7/1912005 UUIw.aU L.UtJ..,¡ IV.... V,I,-", III rHh W. r. Uj ""., Page 2 of 2 '-" from Liquidated Damages. Sheltra and Son Consttuction have over a 20, year working relationship with Sf. Lucie County and we hope to have an ongoing relationship as weJl. We would appreciate any consideration that the County Commissioners would give our request. As always I remain........... .... YOtJrs in Construction. Cc: R. Sheltra, Job File Manager Lany Winstead, Project 7/1912005 .. .~ w Project: Taylor Creek Restoration Dredging CHANGE ORDER #3 Contractor Lake Michigan Contractor Notice to Proceed Date: 4/14/2004 Additional Time: 62 Days 1A Install/Removal 30" Culvert LS 2.00 $4,672.63 $9,345.66 2A Import/Place Fill Material SY 200.00 $9.61 $1,922.00 3A Maintain Haul Road LS 1.00 $63,611.70 $63.611.70 5A Extra Fuel Cost GAL 55,250.00 $0.42 $23.205.00 6A Excavator EA 3.00 $17,970.00 $53,910.00 7A Bulldozer EA 2.00 $17.700.00 $35,400.00 SA Broom Tractor EA 1.00 $14,442.00 $14,44200 9A Loader EA 2.00 $19.460.00 $36,920.00 10A Increase Cost Hauled Material SY 94,767.00 $1.10 $104.243.70 Total $345,000.06 ~ Q) .~ 8 ~ ~ ~ o .~ æ r:J':J. - Q) . .-.4 \,) 3 . 00 ~ Cd . ...-4 Q) "'C ~ Q) i3 ~ Q) ~ ~ '" ..c: ..... ..... o VJ "0 .... ro » '-' :.õ :::! '-' . 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(]) 0.0 ,...I Q.) ......, (1) 0 s (.) 2 ff·..o £J '-' ~.8 ~ ~ ~ ~ ,...¡ ~ í1 Þ æ .:0:E iJ 16 ~! ~o _ ~ 000Q)Q) ..............u.Bu:::!oom ¡:;: beU ~ D. ~....~mQ):S~gj~~m"Oec ~~.s§oøs.¡; ,!<:]iS~gjø,.!!¡"Oæ~§£Jg~ .2=8~u~~;::IQD u u . = ''ij,po. ¡:: 'C ro 4> m t)'~i~"''''i' I:>D S C ê 2 ¡3 ~ 3S ~ '. ~ ~ E! L~[;lJ gJIl:¡~>ë:::æ,"~ .¡¡; -¡;j !i!.Q ~ +-0'+'-1 ~ (,);:> .':¡:]"'I""'t ()C1)........,~.....-P.f.:;'" 8' eij ;0._ p.: t:Ij .., ~ '-' """'" ITEM NO. C-3E DATE: November 22,2005 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] SUBMITTED BY (DEPT.): ENGINEERING DIVISION 4115 PRESENTED BY: ~&;.*~ County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Approval of the First Amendment to Work Authorization No. 20 with Dunkelberger Engineering & Testing for the Indian River Drive Phase II Project in the amount of $89,902 bringing the total contract to $180,000 and to extend the tength of the work authorization to March 31, 2006. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds will be made available in 101106-4115-531000-4914 USDA (NRCS) Emergency Watershed - Eng P/W. PREVIOUS ACTION: April 5, 2005- Board approved pennission 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 $5,145,2\2. September 27, 2005 _ Board approved to award the construction materials testing to Dunkelberger Engineering & Testing in the amount $90,098. RECOMMENDATION: Staff recommends approval of the First Amendment to Work Authorization No. 20 with Dunkelberger Engineering & Testing for the Indian River Drive Phase II Project in the amount of $89,902 and authorization for the Chainnan to sign the contract as prepared by the County Attorney. :kJ APPROVED [ ] OTHER [ ] DENIED Approved 5-0 D gl Anderson County Administrator [xl Proj. Man. 1'1 It ~ [x] Env. Res. Oep. \ J-'I.~ CE: COMMISSION ACTION: [x] County Attorney [x] Originating Oepl. Public Works [ ] Purchasing (Check for copy only, if applicable [x] Mgt & Budget ~ r1!r)ý. [x] Fiscal COOl, "1\'" -/ " 'w ....,,¡ DIVISION OF ENGINEERING MEMORANDUM 05-277 TO: Michael Powley, County Engineer FROM: Michael Harvey, Engineer Intern (\l·t\ DA TE: November 9, 2005 SUBJECT: Indian River Drive Phase II æææ===sææææææææææææææ====æææææææ==æ===æææææ-=æææææ====æææææææææææææææææ The County began working on revegetating Indian River Drive in June of2005. Dunkelberger Engineering & Testing is currently assisting with Phase I and as such are the best candidate for Phase II of the project. The original contract only provided one full-time senior inspector with a part-time inspector. Because the contractor was working in two separate areas at any given time, there was a need for two full time inspectors and one senior inspector to oversee the entire project. The First Amendment to Work Authorization No. 20 is for these additional services. . ~ 1 'iIIw ..,¡ FIRST AMENDMENT TO WORK AUTHORIZATION NO. 20 C03-! 0-686 W.A. # 20 PROJ.#4914 S. INDIAN RIVER DR. PH II REVEGA TION - 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 81. Lucie County (the "County") and Dunkelberger Engineering & Testing, Inc., (the "Engineer") dated October 14,2003, the Engineer agrees to perfonn 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 One Hundred Eighty Thousand and 00/100 ($180,000.00) dollars. All work under this First Amendment to Work Authorization No. 20 shall be completed on or before March 31,2006 (or refer to schedule Exhibit "A", if appropriate). IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ST. LUCIE COUNTY, FLORIDA WITNESS: BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY DATE: WITNESS: Q....~~.[).,If'íì....~ /vtM1 DUNKELBERGER ENGINEERING & TESTING, INC. BY: c:?~ E. {)UH"£/£~~'í /7.£. (Type or pri ame/position) 0 ~ /l,-J'e,L / DATE: ÁJ/$/~Š-- .-:. , '-" DATE: WORK AUTHORIZATION: PROJECT: FIRM: TIME OF PERFORMANCE: SCOPE OF WORK: ...J Exhibit "A" October 31, 2005 No. 20 S. Indian River Dr. Ph II Revegation - Soil Testing Dunkelberger Engineering & Testing, Inc. On or before March 31, 2006 Perfonn soil testing services on the S. Indian River Dr. PH II Revegation project on an as needed basis. ~ '-' ...., AGENDA REQUEST ITEM NO. C-3F DATE: November 22,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: To pay $175,200.00 to the Bear Point Mitigation Bank for the cost of the wetland impact mitigation of the Indian River Lagoon Trace shared-use pathway. BACKGROUND: See attached memorandum. FUNDS A V AILABLE: Funds are available in Fund No. 101006-4116-563000-4904 Transportation Trust/Impact Fees. PREVIOUS ACTION: September 1998 - Board granted conceptual approval to plans for development of pathway. April 20, 1999 - Board approved work authorization with consultant, Glatting Jackson, for design and pennitting in the amount of$149,000. October 12, 1999 - Board approved Change Order No.1 to contract for environmental requirements. December 2, 1999 - Board approved Change Order No.2 for additional services to obtain pennits. July 18, 2000 - Board granted pennission to advertise for bids. August 2000 - Bids were opened for Phase I and all exceeded the budgeted amount. They were subsequently rejected. February 6,2001 - Board approved Work Authorization No.5 to the contract C98-01-216 with Glatting Jackson in the amount not to exceed $5,000.00 for design services for the Indian River Lagoon Trace. May 8, 2001 - Board approved the awarding ofthe contract for construction of Phase IA and Phase IE to Dickerson of Florida, Inc. in the amount of $990,038.00. June 4, 2003 - Board approved Work Authorization No.5 to the contract COI-05-497 with Glatting Jackson in the amount not to exceed $9,700 for design services for the Indian River Lagoon Trace. February 17,2004 - Board approved to enter into a cost share with the Florida Department of Transportation in the completion of the Indian River Lagoon Trace shared-use path in the amount of $1,750,000.00 for wetland impact mitigation and $691,323.82 for construction. RECOMMENDATION: Staff recommends Board approval to pay $175,200.00 to the Bear Point Mitigation Bank for the cost of the wetland impact mitigation of the Indian River Lagoon Trace shared-use pathway. :lei APPROVED [] OTHER [] DENIED ENCE: COMMISSION ACTION: Dou sAnderson County Administrator Approved 5-0 \ ....... . [x] Mgt. & Budget ~ 1YVt~_[ ] Purchasing [x] Project. Man, Yì'\ f1 [x] Fiscal Coor. fJ.,. n [ ] EnvRes.Div, [ ]Com. Dev. ..",¡ ., .,.. """" DIVISION OF ENGINEERING MEMORANDUM 05-278 TO: Michael Powley, County Engineer FROM: Michael Harvey, Engineer Intern /Y) H DATE: November 9, 2005 SUBJECT: Indian River Lagoon Trace Shared-Use Path - == __:=:=æææææææ== The Indian River Lagoon Trace pathway project is located on South Hutchinson Island from approximately the south county line to the Fort Pierce city limits along the east side ofSR A-I-A. The project was broken up into three phases. Phase I is located south of the Florida Power and Light power plant and approximately three and a half (3.5) miles in length. The design for Phase I was completed by Glatting Jackson. phase I was broken up into three sub-sections because of the availability offunding. The design for Phase II was begun by Glatting Jackson early in the year 2000, with subsequently little progress due to the mitigation requirements for the environmental impacts. Phase r is now complete. Phase II is located north of the FP&L power plant and is approximately seven miles in length. Phase III is located inside the FP&L power plant property and is approximately one mile in length. The FOOT is currently designing a resurfacing project of SR A-I-A from the FP&L power plant north to the Fort Pierce city limits. At staff's request the FOOT has included a pathway across the FP&L property, which includes crossings at both FP&L's intake and discharge canal at no cost to the County. These limits correspond to the County's Phase III. Staff made a request of FOOT to incorporate the County's Phase II, from the north side of the FP&L power plant to the Fort Pierce City Limits, pathway with their resurfacing project. The FOOT agreed to incorporate the pathway into their plans and construct it, if the County would agree to pay $1,750,000.00 for wetland impact mitigation and $691,323.82 for incidental work that would be necessary to accommodate the pathway. After the FOOT completed their design and evaluated the environmental impacts, it was found that only $175,200.00 was needed for the wetland impact mitigation. 1 'V \w- .J AGENDA REQUEST ITEM NO. C3-g DATE: November 22, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ROAD & BRIDGE DIVISION SUBJECT: Approval of Waiver of Portions of a Traffic Impact Study for the U.S. 1 & Prima Vista Mobil Station BACKGROUND: The proposed Mobil Gas Station at the intersection of U.S. 1 & Prima Vista Boulevard has requested waiving of portions of the traffic impact study requirements as stated in the attached letter from Pinder Troutman Consulting. Based on the information contained in the letter, and in accordance with Section 11.02.09.4.a.3 of the S1. Lucie County Land Development Code (LDC) the Development Review Committee voted on November 9, 2005 to recommend to the County Commission granting of the waiver of portions of the required submittal of a Traffic Impact Study. FUNDS ARE AVAILABLE IN: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends in accordance with Section11.02.09.4.a.3 of the S1. Lucie Land Development Code (LDC) that the County Commission grant the request for the waiver of portions of the required Traffic Impact Study. COMMISSION ACTION: ~ APPROVED [ ] rl OTHER DENIED CONC7E' ~s Anderson County Administrator Approved 5-0 [X] County Attorney: [ ] Mgt. & Budget: [X] Growth Mgmt. Director: C.:.( 1.. /~ jk Coordination Signatures [ ] Purchasing Director: [ ] County Engineer: I ] Finance Director: (Check for copy only, If applicable) IX] Public Works Director: ~\r\ " [ I Fiscal Coordinator: ( PrimaVistaMobil.doc PIHDER TRO~fin ConSOLTING. INC. ." ...., Transportation Planners and Engineers September 9, 2005 ~_ 7?¡:;: rnlnr;¡¡rln ~venue R F ,.-. ...' , ; ~fLa¡rt, Fl34994 W(2) 463-0277 Fax (77214~3-0723 I or wwW.pinde·rî}óutr+·com L ,._;--.-1 I fr9A...:~êRj~e: , Mr. Scott Herring, P.E. Manager Road & Bridge St. Lucie County Public Works 2300 Virginia Avenue Fort Pierce, FL 34982 ReC81ved 6) OCT 07 2005 RECEIVED SfP 1 2 2a05 Jfowth Managemem Re: us 1- Prima Vista Blvd. Mobil Station - #PTC05-024 S Dear Mr. Herring; The purpose of this letter is to request a waiver of specific requirements for a Traffic Impact Study for the above referenced project. In addition we will demonstrate how the project will comply with the Adequate Public Facilities Ordinance. The traffic impact analysis for this project shows that, as proposed, the project will generate approximately 1002 net new daily trips, 65 net new AM peak hour trips and 94 net new PM peak hour trips. The estimated 1002 net new daily trips were assigned to the roadway network serving the site. This represents a conservative estimate because this site is a part of a larger shopping center and some of the trips may be internal to the overall site. With the assignment of the 1002 daily trips to the roadway network, the project does not have a 1% impact on any roadway link. In fact, the greatest impact of 0.70% is on the link of US 1 north of Rio Mar Drive and south of Easy Street. AtLichment 1 shows the assignment of project generated net new daily trips to the roadway network within 2 miles of the site. Attachment 2 shows existing traffic, committed trips, the assignment of project trips, total future link volumes and levels of service (LOS). Two roadway links are projected to exceed adopted LOS standards; Prima Vista Boulevard west of Rio Mar Drive and US 1 south of Easy Street. Both of these links meet the standards of Section 5.03.03 of the St Lucie County Adequate Public Facilities Ordinance. The details of how the standards are met are provided in the enclosed Traffic Impact Study. Because the project has minimal impact on surrounding roadway links and meets the standards of section 5.03.03 of the St Lucie County Adequate Public Facilities Ordinance a waiver of the intersection analysis requirement is requested. An analysis of the intersection of US 1 and Prima Vista Boulevard is included in the enclosed Traffic Impact Study. This intersection is projected to operate at an acceptable LOS. We look forward to your grant of waiver and approval of the T rafflc Impact Study. KMP/kmm E nclosu res cc: Nisit Sapparkhao Lel1Er 05-024 509-09-05 West Palm Beach (561) 434-1644 · Stuart (772) 463-0277 Di VI.".,,'" ~8qõ 9~Ç- 8~~t .... ~o.. o.. ... .. N 5: o i! i5 11 $ 'e- o.. " o ." ~ :.ë o ~ -g ã:i § ; .~ ....5,9 ë..j "'EO E-':1 .&;a.. <J __ ~§~ '-' ...~~~t~t~~~~~~ 9NU')..........O.....~Mt-..\Do"lJ~ ciòócióóóciciciåó a c-" 888 0 8888 00 0 0 "'ft 0 00 0 0 "- ... "- "- ................... ... '" ., ., o . "'....., '" 10&11\0..0 '" ... 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M 'r'" 1""1 P"I N N N:;:; "E"'E1!"'2 <CI rO 1'0 fO ~1!Æ~~G>V it' ;:, ::J ~ ;J ï:: ~ ~ ;~c&~,g'2DC.-...........- "':s '" "':11..:1 :I"'..'''''''' J5~~5~~~:>:J:J::) I'CItIIl'ØlIIIII::::::-- -ê-ê~-ê"\LLL Q.. n. Q.. ~ ~ ... e OJ E .. c. ð - e OJ E c. o ~ Þ '2 " E E o u Þ c: " o U OJ .~ -' .oJ '" s!::!.~ '-' ....., AGENDA REQUEST ITEM NO: C- 4A DATE: November 22, 2005 REGL'LAR PUBLIC HEARING CONSENT [X] TQ: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: AL'THORIZATION TO DONATE FL'ND TO CHARITY BACKGROUND: The Lincoln Park Community Center Mentor Program participated in the Center's Halloween party on October 29,2005, by creating a Haunted House. The intention was to solicit donations for hurricane victims and donate the proceeds to the American Red Cross. During the event, $85 was collected. The Mentor Program is requesting Board approval to make this donation to the American Red Cross. FUNDS WILL BE MADE A V AILABLE IN: NI A RECOMMENDATION: Staff recommends that the Board approve the donation of$85.00, raised during the Mentor Program Halloween party of October 29, 2005. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [] DENIED [ ] OTHER: Approved 5-0 D g . Anderson County Administrator County Attorney: CoordinationlSi gnatures Originating Dept: H:\AGENDAS 05-06',] 1- Management & Budget: . Lother: Purchasing: Admin/Finance (ifapplicable) ~. \.r' ." AGE~DA REOUEST ITEM NO: C- 4B DATE: November 22,2005 REGULAR PL'BLIC HEARING CO~SENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: AMENDMENT OF TENNIS PROFESSIONAL CONTRACT COS-09-468 BACKGROUND: On October 1, 2005, the Board approved a new agreement with the Tennis Professional to fW1 the tennis program at Lawnwood. The way under which he was compensated in the past was streamlined to simplify the process, and subsequently put him at a higher salary level with no additional paperwork necessary. The Professional's salary is based on generated revenues, and the higher salary rate was based on current information in our accounting system at the time. Now that he is actually collecting the salary, he has discovered that in fact, his pay has been reduced. Part of the problem is that figures used from FY 04-05, didn't take into account that revenues were not generated during October - December 2004 due to hurricane damage. This is an estimated total of $9,227, based on prior years data at the same point in time. Essentially, per the terms of the agreement, the Tennis Professional generates his own salary. It was never the intention of the department to reduce the actual amount paid to the Professional, especially after a 19-year relationship. In changing the way he is paid, staff was merely trying to simplify the paperwork involved with his compensation. In order to correct this situation, staff is proposing a change in pay grade from 16 to 21. Monies ($9,227.00) to make up this difference are in the Recreation's operations budget. FUNDS WILL BE MADE AVAILABLE IN: 001-7216-512000-7103 (Salaries - Recreation, Sports & Athletics) RECOMMENDATION: Staff requests approval to amend the contract with the County's Tennis Professional, modifying the compensation clause to allow for a comparable rate of pay with prior years. COMMISSION ACTION: CONCURRENCE: DC APPROVED [] DENIED [ ] OTHER: Approved 5-0 D g . Anderson County Administrator \ County Attorney: Purchasing: Originating Dept: Other: ttR Admin/Finance (if applicable) \.r' ,~-~-~~~ 1~:11 FROM:ST LUCIE COUNTY ATHL 772-462-2377 Tennis Pro Com 'on 9 Months Programs closed last year Octo Jan. 05 $4300 Feb. $3392 Mar. $3670 Apr. $2965 May $4665 Jun. $3345 Jul. $3118 Aug. $4444 Sep. $3450 Total $33349 12 month projection = $44,465 1SC?o = 'f~ ').,'-I-I,]~ or Oct. 03 $3164 Nov. $3098 Dec. $2965 Total $9227 Total 05+03 = $42576 , q- J) ~ 0;:' 1.{(}~'l-1.1.-O TO: 1940 1...1 P.2 ~ ~ FIRST AMENDMENT TO THE SEPTEMBER 20, 2005 AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND WOODY NEWSON THIS FIRST AMENDMENT, made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, FLORIDA, a Political subdivision of the State of Florida, hereinafter referred to as "County" and WOODY NEWSON, hereinafter referred to as the "Tennis Professional". WHEREAS, on September 20, 2005, the parties entered into an Agreement wherein the parties agreed that the Tennis Professional would be responsible for the administration and programming ofthe Lawnwood Tennis Center .as more particularly described in Paragraph 2 of the Agreement; and, WHEREAS, the parties desire to amend the original Agreement of September 20,2005, to change the pay grade from 16 tû 21. NOW, THEREFORE, the parties agree as follows: 1. Paragraph 3. COMPENSATION of the September 20, 2005 Agreement is hereby amended as follows: 3. COMPENSA TION. The parties agree that the Tennis Professional will be paid an annual salary at pay grade 21 in the St. Lucie County employee pay plan, including cost of living increases and fringe benefits (including vacation and sick time in the amounts as stated in the employee handbook as referenced in Paragraph 1) in the same manner as other county employees. Salary can be reviewed annually if participation increases or decreases substantially. The Tennis Professional shall be entitled to retain all fees received from private lessons, clinics and schools. Such fees shall be set by the Professional. 2. Except as amended herein, the remaining terms and conditions of the September 20,2005 Agreement shall remain in full force and effect. 1 c "-' ...I IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date as indicated below: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK Date: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY WITNESSES: WOODY NEWSON BY: Date: g:/agreemnt! I a.newson-OS 2 'I' - Y" ....,. ..., AGENDA REOUEST ITEM NO: C- 4C DATE: November 22, 2005 REGULAR PUBLIC HEARING CONSENT [X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: MODIFICATION OF EQUIPMENT REQUEST EQ06-123 AND CANCELLATION OF EQ06-125 BACKGROUND: In order to fully fund the purchase of the two computers approved in the FY05-06 budget for the Aquatics Section, staff is requesting the Board's approval to increase EQ-123 by $138, and transfer $549.88 into the "office supplies-computers" account to cover the cost of the software license agreements. To accomplish the above, staff requests the Board's approval to cancel EQ 06-125 and transfer the funds to the proper accounts. FUNDS WILL BE MADE AVAILABLE IN: 001-7216-551501-7106 (Recreation - Aquatics, Office Supplies-Computer) 001-7216-564000-7106 (Recreation - Aquatics, Machinery and Equipment) RECOMMENDATION: Staff requests the Board's approval to revise EQ06-123 and increase by $13 8, canceling EQ06-125, and allocating the funds toward the purchase of two computers and the license agreements. COMMISSION ACTION: CONCURRENCE: [XI APPROVED [J DENIED [ J OTHER: Approved 5-0 a Coordination/Signature~^~ County Attorney: Management & Budget: \[ (f';~ 1 V'N. Purchasing: Originating Dept: ~ Other: AdminIFinance H:IAGENDAS 05-06\;1-22:.05 RECREATION-AQUATICS COMPUTERS DOC (if applicable) , , - ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIO RS EQUIPMENT REQUEST FOR FISCAL YEAR 2005·2006 DEPARTMENT: DIVISION: PARKS & RECREATION AQUATICS RECOMMENDED: X YES APPROVED: X YES NO NO REVISED REVISED JUSTIFICATION: Two (2) computers are requested for the pools - one for Lakewood Park and one for Part 51. Lucie Pool. Computers are used far record keeping for swim lessons, preparing financial reports, and communicating with other locations and the American Red Cross. EQUIPMENT REQ.: EQ06-123 ACCOUNT': 001-7216-564000-7106 "Ii ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIO RS EQUIPMENT REQUEST FOR FISCAL YEAR 2005·2006 DEPARTMENT: PARKS & RECREATION RECOMMENDED: X YES NO REVISED JUSTIFICATION: A lightweight platform is requested for swimming instruction. It can be used at the Port SI. Lucie and Paradise Park pools to assist in teaching small children. This is a portable structure that is placed in the water. The children hold on to it and practice kicking, putting their face in the water. and breathing. It can be used in deeper water because a built in platform allows the smaller children to stand on it, thereby utilizing areas of the pool for lessons that ordinarily aren't used. It helps in teaching the lower levels of swimming. EQUIPMENT REQ#: EQ06-125 ACCOUNT#: 001-7216-564000-7106 ,., '-' AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport SUBJECT: Gopher Tortoise Relocation Permitting ..,,¡ ITEM NO. C-5-A DATE: November 22,2005 REGULAR [ ] PUBLIC HEARING [ CONSENT [X] PRESENTED BY: Diana Lewis BACKGROUND: St. Lucie County International Airport is proposing to develop a 44 acre site on the east side of the Airport for aviation uses and the Airport Rescue Fire Fighting Facility. Kimley- Horn was authorized for environmental services for the site. The environmental services included gopher tortoise testing. The test results found the gopher tortoises were positive for upper respiratory tract disease, requiring either finding a suitable area to relocate the tortoises or obtaining a take permit from the Freshwater Fish and Wildlife Conservation Commission. Kimley-Horn's scope of services (Work Authorization #21) will provide environmental services for the relocation of the gopher tortoises. Alternatively, Kimley-Horn may determine it would be more cost effective for a take permit after meeting with the permitting agency. This will be coordinated with the Environmental Resources Department. Funds in the amount of $27,600 will be paid by FDOT with a local match of $6,900 for a total project of $34,500. FUNDS AVAILABLE IN ACCT#: Funds are available in the Airport Fund account (140334-4220- 563005-400) Improvements OfT Buildings. PREVIOUS ACTION: May 2004 BOCC accepted the JP A in the amount of$485,000 and approved a Budget Resolution in July 2004. RECOMMENDATION: Staff recommends that the Board approve the Kimley-Horn Work Authorization #21 in the amount of $34,500 for Gopher Tortoise Relocation Permitting at the S1. Lucie County International Airport and authorize the Chair to execute the Wark Authorization. C5A - Approved 5-0 Amended to seeR COMMISSION ACTION: íClAPPROVED [ ]DENIED [ ]OTHER: relocation on site of the Gopher Tortoises. Reviews & Approvals countyAttorn~I)~~ OMB~ Originating Dept: )( Other: Finance:(Check for Copy only, if applicable) Purchasing Other: '-' "fIItIÌ St. Lucie County INTERNATIONAL AIR. STAFF REPORT DATE: November 10,2005 TO: Board of County Commissioners FROM: Diana Lewis SUBJECT: Gopher Tortoise Relocation Permitting Agenda November 22, 2005 C-5-A In May 2004, the Board approved the acceptance of a Florida Department of Transportations (FOOT) Joint Participation Agreement (JP A) to provide $388,000 of state funds for the project, Construct Apron & Environmental Mitigation at St. Lucie County International Airport. Included are matching funds of$97,000, for a total project cost of $485,000. In November 2003, the Board held a workshop to discuss the aviation development of approximately 10 acres of property located at the intersection of Taxiways E and B. Discussions during the workshop included the need to make several infrastructure improvements, and complete the environmental mitigation before the site could be made available for development. Specifically improvements included the rehabilitation of Taxiway E, relocation of a drainage ditch, and an environmental assessment needed to be completed for the site. The airport was able to negotiate with FOOT to utilize the Construct Apron funds to prepare the environmental mitigation for the proposed site. Part ofthe mitigation called for gopher tortoise testing that began in July 2005. In August 2005, the test results showed the tortoises had an upper respiratory tract disease. The only available options for this situation are on-site relocation of the tortoises or to obtain an incidental take permit from Florida Fish & Wildlife Conservation Commission (FFWCC). Relocation of gopher tortoises is dependent on the ability to find adequate suitable on-site acreage that is acceptable to the FFWCC, and is cost effective when compared to the cost of the incidental take pennit. Work Authorization #21 allows Kimley-Horn to update the survey for FFWCC, which must be completed no more than 60 days prior to the application. Kimley-Horn will also identify a suitable site for relocation of the affected tortoises, prepare any FFWCC applications, and meet with the FFWCC to review the site selected. Upon approval of the site and issuance ofthe permit, Kimley-Horn will supervise the Airport's backhoe operator in the relocation of the tortoises to the new site and prepare any reports to the FFWCC. Alternatively, Kimley-Horn could determine that it will be more cost effective to obtain a take penn it after meeting with the permitting agency. If this is the recommended approach, in coordination with the County's Environmental Resources Department, the task will be tenninated at that point. A copy of the gopher tortoise report from the sub consultant, R. L. Weigt Environmental Consultants, is attached \w ...,¡ WORK AUTHORIZATION NO. 21 St. Lucie County Board of County Commissioners S1. Lucie County International Airport Gopher Tortoise Relocation Permitting Pursuant to that certain Contract (the "Agreement") between St. Lucie County (The "County") and Kimley-Hom and Associates, Inc. (the "Engineer") dated October 14, 2003, the Engineer agrees to pertorm and successfully complete the Scope of Services along with the schedule for completion of the work attached hereto and made a part hereof as set forth in Exhibit A. Compensation to the Engineer shall be as described in Exhibit B. IN WITNESS WHEREOF, the parties have caused this Work Authorization to be executed and delivered, effective as of ,2005. ATTEST: BOARD OF COUNTY COMMISISONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: :GRN AN]) ASSOCIA TES, INC. ~~ BY: ......J David R. Bardt, P.E., Vice President l~\ r\o-S WITNESS: ~:~~ DATE: H:\044 721 004\tortoiserelotaskorder.doc '-' '...I EXHIBIT A SCOPE OF SERVICES FOR St. Lucie International Airport Gopher Tortoise Relocation Pennitting Overview The general scope is to provide environmental and permitting services for relocation of gopher tortoises at St. Lucie County International Airport. Project Background The St. Lucie County International Airport is proposing to develop approximately 44 acres on the east side of St. LUCle International Airport for FBO, ARFF and other aviation uses. KimJey-Horn and Associates was authorized to provide environmental services through its sub-consultant R.L. Weigt Environmental Consultants, Inc for portions of the permining of the site. That previous authorization did not include cost for relocating gopher tortoises as at that time, it was unknown as to whether or not those services would be required. This task order if for professional services to process permit applications for and provide serVIces during the relocation of gopher tortoises identified on the site. Project Assumptions Relocation of gopher tortoises is dependent on the ability to find adequate suitable on-site acreage that is acceptable to the Florida Freshwater Fish and Wildlife Conservation Commission without the requirement to fence the area The Airport will provide a backhoe and operator to work with KHA during relocation. Scope of Services Basic services will be provided under the following tasks: Task 1 - Update of Gopher Tortoise Survey FFWCC requires that the gopher survey be completed no more than 60 days prior to the application. KHA will update the existing survey to meet this requirement. Task 2 - Relocation of Gopher Tortoises KHA will review airport property to identify a suitable site for relocation of the tortoise population and prepare applicable permit applications. We will meet with the FFWCC to review the site for their acceptance. Upon approval of the site and issuance of the permj¡, we will supervise your backhoe operator in the relocation of the tortoises to the new site. Upon completion of the relocation we will report completion to the FFWCC. Schedule We wi1J complete the permit application within 30 days of notice to proceed. Upon issuance of the permits we will begin relocation upon the availability of your backhoe and operator. We anticipate relocation to take no longer than 2 I days. Method of Compensation We will perform the services outlined in task 1 and 2 above for the lump sum fee of $34,500. This does not include the cost of pennit fees payable to FFWCC. H:\044 721 004\tortoiserelotaskorder.doc '-' R.L. WEIGT Environmental Consultants, Inc. ""'" (772) 546-6255 FAX (772) 546-2316 E-mail: rlw1@adelphia.net 26 August 2005 Mr. Thomas Schilling, PE Kimley-Hom and Associates, Inc. 4431 Embarcadero Drive West Palm Beach, Florida 33407 Re: Gopher Tortoise Upper Respiratory Tract Disease Testing, S1. Lucie County International Airport Project Site, Section 29, Township 348, Range 40E, S1. Lucie County, Florida Dear Mr. Schilling: R.L. Weigt Environm<0ntal Consultants, Inc. (RL W) was retained by Kimley-Horn and Associates, Inc. to coriduct gopher tortoise (Gopherus pol)phemus) upper respiratory tmet disease (URTD) testing at the referenced project site. Following is a brief description ofthe methodologies used by biologists of RL W anù the results of the gopher tortoise URTD testing. 1.00 INTRODUCTION Gopher tortoise upper respiratory tract disease testing of the referenced project site was conducted by RL W biologists. The site is located in Section 29, Township 348, Range 40E, St. Lucie County, Florida. The purpose of this report is to provide the methodologies and findings of the gopher tortoise upper respiratory tract disease testing of the 81. Lucie County International Airpoli project site. The report is based on field data collected by RL W from 8 through 26 August 2005. 2.00 METHODOLOGY 2.01 Introduction 1...1 pper Respiratory Tract Disease (URTD) is a highly contagious disease observed in SOl11,~ species of tortoists and other turtles. In gopher tortoises (Gopherus pol}phemus), one known causal agent is the bacterium, mycoplasma agassizii. URTD is transmitted by close contact between tortoises. Clinical Signs oflJRTD include nasal or ocular discharge, swollen eyelids, and conjunctivitis. Although clinical sib'lIS may appear 1-2 weeks post-exposure, it takes 6-8 weeks for an exposed gopher tortoise to develop an immune response detectable by current diagnostic tests. 8985 S.E. Bridge Road . Suite A . Hobe Sound, FL 33455 '-" ...,.¡ Mr. Thomas Schilling, PE Kimley-Horn and Associates, Inc. Re: St. Lucie County International Airport URTD Testing RLW #04-077.08 26 August 2005 Page 2 Exposure to URTD may not necessarily confer immunity; in fact, gopher tortoises exposed a second time may become ill more quickly than when initially exposed. A blood test, known as an enzyme-linked immunosorbent assay (ELISA), is currently the most effective, rapid, and inexpensive way to detect exposure to mycoplasma. However, the test indicates only whether a gopher tortoise has built up antibodies to the pathogen. Therefore, it cannot distinguish between asymptomatic carriers (which pose a threat to healthy tortoises) and those individuals which have cleared the pathogen and are no longer infected. Hatchling tortoises, up to one year old, may test positive due to antibodies passed trom a positive female to the hatchlings via the egg, but the pathogen itself is not transmitted through the egg. 2.02 Obiective Collect blood samples trom gopher tortoises (Gopherus polyphemus) to determine the presence/absence of Mycoplasma agassizii antibodies in gopher tortoise plasma. 2.03 Methodologv Biologists followed blood sample collection and preparation protocol as recommended in Collection and Preparation of Blood Samples from Gopher Tortoisesfor Determining Exposure to Mycoplasma; as set forth in the new gopher tortoise relocation guidelines effective March 1, 2001, and approved by the Florida Fish and Wildlife Conservation Commission on 31 January 2001. · Blood samples for ELISA were collected by RL W biologist from the brachial vein of the gopher tortoises; · Biologist used disposable exam gloves while handling each tortoise (a new pair for each tortoise); · Prior to blood collecting, the skin was cleaned with alcohol poured onto a 1 " xl" sterile gauze; · Blood was collected with a sterile 25-gauge needle on a sterile 1 m1 or 3 ml syringe. A new needle and syringe were used for each gopher tortoise; · Biologists collected 0.3 - 1 ml of blood rrom each gopher tortoise. After an appropriate amount of blood was obtained, the needle was withdrawn and a '-" ..",¡ Mr. Thomas Schilling, PE Kimley-Horn and Associates, Inc. Re: St. Lucie County International Airport URTD Testing RLW #04-077.08 26 August 2005 Page 3 gauze pad was applied with direct pressure to the vein, to stop bleeding and prevent bruising; . After collection of blood was complete, blood samples were transferred to a green-top, heparinized microtainer tube; . Needles were removed from syringes prior to transferring the blood to the heparinized microtainer; Upon completion òfblood transfer, the green-top was replaced and the tube was gently inverted several times to prevent clotting; Heparinized microtainers were placed in a cooler with an ice pack and returned to RLW's corporate office; Blood samples were centrifuged at RLW's office. Samples were spun for ten (10) minutes; . The clear liquid at the top of the microtainers was drawn into a disposable sterile pipette and transferred to a cryotube; Cryotubes were labeled with the gopher tortoise identification number (i.e. #3), RLW's name, project name, and collection date; For each tortoise, a minimum of 0.1 ml of plasma was put on ice and shipped to the following address: Mycoplasma Testing Lab University of Florida Department ofPathobiology 1600 SW Archer Road - BSB 350 Gainesville, Florida 32610 3.00 RESULTS The ELISA test measures the presence of M agassizii-specific antibodies in gopher tortoise plasma. The test is optimized to avoid false negative results (i.e., identifying an infected '-' ....¡ Mr. Thomas Schilling, PE Kimley-Horn and Associates, Inc. Re: St. Lucie County International Airport URTD Testing RLW #04-077.08 26 August 2005 Page 4 tortoise as being uninfected). Sample results are expressed as titers between the optical density of the sample and that of a negative control; the higher the ratio, the more likely it is that a sampled tortoise has built up antibodies to the mycoplasma. A sample titer above 64 is considered positive, a titer between 32 and 64 are suspect, and a titer less than 32 is negative. A positive result indicates that a tortoise has been previously exposed to M agassizii or other similar mycoplasmas. Individuals that test positive may be subclinically infected (without clinical signs ofUR TD), clinically ill (with clinical signs), or convalescent (recovered from infection, but still having circulating antibodies). As with any test, there is the possibility of a false positive result. Positive and suspect tortoises should be observed closely for signs ofURTD and should be isolated from other tortoises, especially those that test negative. A positive tortoise means that the site population is considered positive and the population cannot be relocated off-site. A negative results indicates that there were no detectable antibodies to M agassizii or related mycoplasmas in the plasma provided to the lab. A negative result does not mean that the individual will never develop the disease. The test result only reflects the status of that tortoise at the time the sample was collected. RLW tested a sample population of seventeen (17) gopher tortoises (Table 1) from the St. Lucie County International Airport project site. Nine (9) gopher tortoises tested positive for URTD infection, six (6) gopher tortoises tested negative for URTD infection, and two (2) gopher tortoises tested suspect for UR TD infection. Due to the results ofthe UR TD testing, off-site relocation is not a management option for this project site. 4.00 CONCLUSIONS/RECOMMENDATIONS RL W tested a sample population of seventeen (17) gopher tortoises from the project site. Nine (9) gopher tortoises tested positive, two (2) gopher tortoises tested suspect, and six (6) gopher tortoises tested negative for URTD infection. Since nine (9) gopher tortoises tested positive for URTD, the entire project site population is considered infected. Off-site relocation of the gopher tortoises is NOT an option for this project. The only available options for this project site are on-site relocation or obtainment of an Incidental Take Permit from the·FFWCC. '-' ....., Mr. Thomas Schilling, PE Kimley-Horn and Associates, Inc. Re: St. Lucie County International Airport URTD Testing RLW #04-077.08 26 August 2005 Page 5 Table 1: Gopher Tortoise Mycoplasma Test Results. Test Date III vestigator ID# Samplillg Date Titer * Result 8/20/2005 RLW 1 8/10/2005 256 POSITIVE 8/20/2005 RLW 2 8/09/2005 64 POSITIVE 8/20/2005 RLW 3 811 0/2005 32 Suspect 8/20/2005 RLW 4 8/1 0/2005 128 POSITIVE 8/20/2005 RLW 5 8/10/2005 256 POSITIVE 8/20/2005 RLW 6 8/10/2005 32 Suspect 8/20/2005 RLW 7 811 0/2005 256 POSITIVE 8/20/2005 RLW 8 8112/2005 <32 Negative 8/20/2005 RLW 9 8112/2005 <32 Negative 8/20/2005 RLW 10 8/12/2005 256 POSITIVE 8/20/2005 RLW 11 8/14/2005 <32 Negative 8/26/2 00 5 RLW 12 8/18/2005 256 POSITIVE 8/26/2005 RLW 13 8/18/2005 <32 Negative 8/26/2005 RLW 14 8/19/2005 <32 Negative 8/26/2005 RLW 15 8/19/2005 64 POSITIVE 8/26/2005 RLW 16 8/21/2005 <32 Negative 8/26/2005 RLW 17 8/21/2005 128 POSITIVE *Interpretation of titer: Titer less than 32 = negative result Titer between 32 and 63 = suspect result, retesting in no less than 1 month is recommended Titer of 64 and above = positive result Note: This test has been validated for the G. polyphemus and G. agassizii only. ~ ....., Mr. Thomas Schilling, PE Kimley-Horn and Associates, Inc. Re: St. Lucie County International Airport URTD Testing RLW #04-077.08 26 August 2005 Page 6 Permits are required to impact and lor relocate gopher tortoises. The eastern indigo snake and Florida gopher frog were not observed on-site during this environmental survey although habitat does exist on-site. Thank you for contacting RL W to assist you with your environmental consulting needs. If you have any questions or if we can be of further assistance to you, please do not hesitate to contact my office. Sincerely, ~f?~~ Doreen J. Buffa Vice President, Operations Idjb cc: File #04-077.08 \ '- ...., AGENDA REQUEST ITEM NO.C-5-B DATE: November 22, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Diana Lewis SUBJECT: PBS&J Resident Project Representative (RPR) Services for Runway 9/27 Airfield Lighting Upgrade. BACKGROUND: The rehabilitation of the existing quartz fixtures on Runway 9/27 and replacement of the runway direct burial electrical circuits was awarded to FIE in September 2005. This agenda request is to award professional services to PBS&J (Work Authorization # I 2) for construction administration of the Runway 9/27 construction project. The services will include RPR services, development of record plans, and coordination of weekly progress meetings, project closeout documentation and additional engineering/architectural services as authorized. The FAA will fund $10,260 with a local match of $540 for a project total of $10,800. Due to the limited funds available, the RPR services are limited and will be supplementing through the use of Airport staff. FUNDS AVAILABLE IN ACCT#: Funds are available in account improvements other than buildings (140131-4220-563005-48012) and (140-4220-563005-48012) PREVIOUS ACTION: August 2005: BOCC accepted FAA grant; September 2005: BOCC awarded contract to FIE RECOMMENDATION: Staff recommends that the Board of County Commissioners approve PBS&J's RPR services in the amount of $1 0,800 authorizing the Chair to execute PBS&J' s Work Authorization # 12 for the rehabilitation of airfield lighting on Runway 9/27 at the St. Lucie County International Airport. COMMISSION ACTION: [)(APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Reviews & Approvals ð.. County Atto~~... OMß ~ Originating D : Other: Finance:(Check fo Copy only, if applicable) Purchasing Other: , ~ Î ~ "-" St. Lucie County INTERNATIONAL AIR MEMORANDUM DATE: November 10, 2005 TO: Board of County Commissioners FROM: Diana Lewis SUBJECT: PBS&J RPR Services for Runway 9/27 Lighting Rehab - Agenda 11/22/05 C-5-B In 2002, the airport received a $500,000 Federal Aviation Administration (FAA) grant for the installation of airfield signage. Once the signage was installed it became apparent that the existing direct burial runway and taxiway electrical wiring could not sustain the new electrical loads, making the existing electrical circuits unreliable. Since the existing runway and taxiway lighting circuitry is 20 years old, the engineers recommended that the existing wiring be replaced in conduit. However, the electrical rehabilitation of Runway 9-27 was not awarded until grant funds became available. The BOCC awarded the construction bid to FIE in September 2005, with FAA funding 95% of this project in the amount of$235,708.54, plus 5% matching funds ($12,405.71), the project cost totals $248,114.25. This agenda request is for professional construction administration services in the amount of$l 0,800 for (PBS&J Work Authorization #12). The FAA will fund 95% ($10,260) with a local match of 5% ($540), for a project total of $10,800, Due to the limited grant funds available, the RPR services have been reduced due to the contractor's experience at the St. Lucie County International Airport over the past year. RPR services will also be supplemented by airport staff in order to ensure the project construction oversight is provided. Copy of Work Authorization # 12 is attached. ~ : '-' ...., WORK AUTHORIZA nON NO. / r2 S1. Lucie County Board of County Commissioners S1. Lucie County International Airport Agreement No. C03-10-646 R/W 9-27 Airfield Lighting Upgrade Project RPR Services Pursuant to that certain Contract (the "Agreement") between S1. Lucie County (The "County"), as successor in interest to the S1. Lucie County International Airport, and PBS&J (the "Engineer") dated , the Engineer agrees to perform and successfully complete the Scope of Services attached hereto and made a part hereof as set forth in Attachment "A". "Lump Sum" Fee Derivation and Schedule are also attached. IN WITNESS WHEREOF, the parties have caused this Work Authorization to be executed and delivered, effective as of , 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY r;;;;s:~ / ~ PBS&J BY: Nich las L. Nesta, Program Manager National Aviation Services Date ) (- 4 - 2.úDS' l "-' Q ~ ¡:; ~ ~ g '" '" (J) ~ <> '" i! ~ ~ ~ 0 :I: .. .. ~ 0 (/) a.. 0:: Ww « '" ºo w ..J pj If' ~ë2 « '" " z :5 z z~{!) 0 "- it ifj a.. ¡:: ~ z ºW:J .... « '" ¡; f-(/){!) z "- z 0 w ««z 0:: 'ir "- >I_f-W 0 õ:a..f-«f- ~ 'ir wzI Z ::; ~ ooS2 - ~ '" ::; w¡::..J ç ~ '" UJoo z u..:J..J :J o::!:!:! 0 ~ f-u.. 0 (/)0:: z- W (J) 0« 0 ~ I co Ü :J ~ ..J ~ ~ 0: '" co 0 ~ w . m ~ III " W -' '" ~ :5 ~ w (/) .... . 2 "- ¡:: c ~ ~ g ~ ~ .~ œ ~ '" 'f E .0 iò :!1 e .. 'J L ~ ~ N ~ ~ . -- .... . ~', S; -\/ ~ Q) c: '" 0 x ¡¡; '" .!!2 ro ~ I- m m Q) .so E E '0 '" '" ro X X '" w w 0 .... M ~ '" 't:> ro 0, . c. ::> Q) 0> :; ~ c: 't:> Q) ro ~'5 E '" E 0> :::; ~ ;g OJ 't:> '" ~ :J n.. 't:> ~ ä; Q) ~ c: OJ ro 0 ü 'E E ¡¡; E Q) :a: ~ .!!2 E 'ë .... ~ :J N W (J) n.. d, It) ¡<O It) Q :Q 0 ~ It) '<0 ~ .s:: ~ iN - '" ~ i.... .... 'ë ~ Q) !"t' iI: '" ,:J ,Q) ;:J il- I:!; I- <0 i<O 'lt1 0 Q '0 lò <0 it: ~ ~ iN 1:: - ro ~ ~ ¡or- U5 ~ ,~ 't:> Q) Q) '" :J ;:J I:!; l- I- m m ~ x 0> m C. 0 ro è: I- ~ n.. I- c: Z 0 c: c:!~ ~2Q ~ ~ (,):1) en z.E 2 .s ~U)ûjro ~ § § Ie: I- ü ü iiI: '--'~--'---- QI~ N g><o .- D 1::;¡ .º~ ....10 [::¡~ 'c: "'0 t:2 Q) .. .0'.$ ~ ro n..o c flum , ~ '-' ,.."., ITEM NO. 6A DATE: 11/22/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER. DIRECTOR SUBJECT: Second Extension to Contract C02-12-122 with eCivis (Grant Locator) BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: Funds will be available in Account #001-1210-534110-100 (Software Support Services) PREVIOUS ACTION: On December 11,2002, the Board approved an eCivis subscription agreement, and then on February 10, 2004, the Board approved a one-year renewal. County staff has successfully utilized the system during the past three years. RECOMMENDATION: Staff recommends that the Board approve the second extension to Contract C02-12-122 for the amount of $16,500 with eCivis, and authorize the Chairman to sign the extension as prepared by the County Attorney. COMMISSION ACTION: CE: (}O APPROVED ( ) OTHER ( ) DENIED Approved 5-0 gla M. Anderson County Administrator County Attorney (X) ,2y Coordination/Sianatures ./.ß Mgt. & Budget (X) (t....::!() /YîW\9 Purchasing (X) ,.ø}- Originating Dept. ( ) Other ( ) Other ( ) finance: (check for copy, only if applicable)_ \.r' ..., PURCHASING DEPARTMENT MEMORANDUM DATE: Board of County Commissioners Ed Parker, Purchasing Director ~f November 7,2005 TO: FROM: RE: Second Extension to Contract C02-12-122 with eCivis Backaround: ECivis Grants Locator is a database services that provides information on federal, state, and private foundation grants. During the past three years, County Grant Writers, the Sheriff's Department, and the County Health Department have successfully used the program to identify grant sources. The second extension will renew the contract for the period of January 16, 2006 thru January 15, 2007. Recommendation: Staff recommends that the Board approve the second extension to Contract C02-12-122 for the amount of $16,500 with eCivis, and authorize the Chairman to sign the extension as prepared by the County Attorney. EP/jc ~ .." AGENDA REQUEST ITEM NO. £:i.- DATE: December 3, 2002 CONSE'NT [X] PUBLIC HEARING "[ Leg. [ Quasi REGULAR [ / PRESENTED BY: Dou las Anderson County Administra TO: Board of County Commissioners SUBMITTED BY !DEPT): Administration S1JBJBCT, Request to purchase a subscription to eCivis, an on-line database of federal, stàte, and foundation grants and Budget Amendment BA#03- 109. The database will provide County grant writing staff with broader and more exp~~ient exposure to available grants. Cost is $15,000 for a 13-month subscription if contract is signed prior to December 15, 2002. FUNDS AVAIL. I eCivis is a grant locator program that will provide County grant staff with access to informAtion regarding federal, state, and foundation grants as the grants become available. Each day, the program alerts staffi"b}t means of an e-mail message, to grants that have been announced on the prior day. A brief regarding each grant is provided. The brief includes a summary, du.e date, match requirement, eligibility requirements, notice of funding availability, and contact information. County staff utilized the program on a trial basis for six weeks during this past summer and found it to be very beneficial. Staff is of the opinion the ability to write and secu.re additional grants will justify the cost of the program. Current subscribers to the program include City of Miami, Broward County, city of Fort Lauderdale, Sarasota County, City of ~ainesville, and Brevard County. Funds will be transferred from Contingency Fund to 001-1210-534110- 100 Administration-Software Support Contracts Account. BACKGROUND: PRBVI017S ACTION: No previous action. RECOMMENDATION: staff recommends that the Board authorize the purchase of the eCivis program and approve Budget Amendtnent#03-109 for a period of 13 ÞOnths beginning December 15, 2002. ~~ APPROVED OTHBR : [ ] DENXBD COMMISSION' ACTION': Mgt ¡, Budget. Public work.. Purcb&Aia9. &~ ot.b.er ~-¡r v county Attorney. Originating Dept. Finance. (copie. only). ~ Coordination Agelln002.doc '-' ...I AGENDA REQUEST ITEM NO. 9·A DATE: February 10, 2004 REGULAR 0 PUBLIC HEARING D CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Grants Bill Hoeffner Grants Writer SUBJECT: Authorize the Chairperson of the Board of County Commissioners to sign a renewal subscription agreement for eCivis Grant Locator. BACKGROUND: eCivis Grants Locator is a database service that provides information on federal, state and private foundation grants. During the past year, the program has been successfully used by County grant writers, the Sheriffs Department and the County Health Department in identifying grant sources. The contract for the service is due to expire. The renewal agreement will permit the County to continue use of the service through January 15, 2005. The cost of the annual subscription for the service is $15,000. FUNDS AVAILABLE: Funds of $15,000 for this service have been budgeted in Fund 001-1210-534110- 100 for software contracts. PREVIOUS ACTION: On 12/11/02, the Board approved a one-year eCivis subscription agreement. County staff have successfully utilized the system during the past year. RECOMMENDATION: Staff recommends the Board authorize the Chairperson to sign the eCivis Renewal Agreement. r COMMISSION ACTION: ¥APPROVED D DENIED ~ co o OTHER: Approved 5-0 Dougl s M. Anderson County Administrator Review and App~ /~ County Attomey: ~ Management & Budget: JYM]""v¡ Purchasing:_ Originating Dept: _ Other: _ Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 .-.. ...., 10/28/2005 eCivis Premier Client Dear Bill, eCivis recently celebrated its 5th anniversary, and I want to personally thank you for your support and commitment during this period. In recognition to our most valued clients, eCivis has created a new program: eCivis Premier status. As a premier client, your mission of increasing grants performance and success is our top priority. There are numerous benefits to your premier status: o Senior Client Services Manager o Backup client services support o Organizational assessment by Client Services Manager o Priority attention o Exclusive invitations to eCivis events o Discounted volume training opportunities Client Services Manager: Wesley Burt Dedicated and personal attention by a senior Client Services Manager is at the core of this program. Wesley Burt, the manager for your account, serves only a limited number of premier accounts. This allows him to dedicate more time to assisting your staff and understanding your unique needs. Wesley will focus his efforts on helping you overcome roadblocks, conducting an assessment of your grants processes, and making recommendations based on your goals. As a premier client, Wesley will be a resource for both you and your grant staff. Access to New Products eCivis has become a leader in grants technology and will be unveiling new, innovative products in the coming year. As a premier client, you will have first access to new technologies as well as current product enhancements to Grants Locator. In addition, Premier clients will have a unique opportunity to shape the direction of grant technology by providing input into new functionality as it is being developed. Throughout the coming year, you will notice increased attention by senior staff and a noted position of priority in our organization. This reflects our appreciation for your continued business and support. I'm excited and pleased to welcome you for another year, and I speak for all of us at eCivis in saying we look forward to a continued partnership resulting in improved grants performance. B&~LfJ Omie Ismail Chief Executive Officer eCivis Premier Account Contacts Client Manager: Wesley Burt (626) 578-6629 Wesley@ecívis.com Backup Support: Ginny-Marie Case (626) 578-6635 qinny@ecívis.com Executive Contact: Karl Rectanus (626) 578-6210 karl@ecivi.s:cQJ!l\ ·~ eCIVIS \.r' GRANTS LOCATOR CONTRACT EXTENSION: 1/16/2006 to 1/15/2007 Saint Lucie County, FL eCivis, Inc. is pleased to extend your current contract of Grants Locator for an additional year. All the terms and conditions of Contract number 50417-2, (a copy of which is attached/on file with Saint Lucie County and eCivis, Inc.), remain in effect, except for the following modifications. This contract is valid within 60 days of 1/16/2006. 1. Term: 2. Products & Services: 3. Fees: 4. Other Services: 5. Access Holders: 6. eCivis Contact: 7. Master Access Holder: 8. Payment Type: 1/16/2006 to 1/15/2007 . Grants Locator - Federal, State and Foundatiòn License o 10 Courses :fÌom the "Improving Your Grant Skills" web- based training sessions, included in Grants Locator Subscription. o Web-based Training included for all users o Premiere Client Support If Signed Contract is: o Received by 12/17/2005 o Received by 1/15/2006 o Received After 1/15/2006 This is the Valid Price $16,500 (17% Savings) $17,655 (12% Savings) $20,000 o Community Based Organization Access (includes 50 users): add $10,000 o On-Site Training (one day, up to 3 classes, includes travel): add $2,000 Unlimited Accounts Wes Burt, Senior Client Services Associate, (877) 232-4847, ext. 629 Bill Hoeffner, Grant Writer, (772) 462-1467 DInvoice DPO# Page 1 of 2 150 East Colorado Blvd, Suite 215 Pasadena, CA 91105 1-877-232-4847 c£ eCIVIS 9. Extension Options: \.t .., **(please Select a RenewaIOption)** To Guarantee a Price-Protected Extension: This agreement will automatically renew Grants Locator for additional calendar year(s) of 365 days unless eCivis receives written notification on or before the termination date. Notification must be sent to eCivis at the address listed below. Fees will be calculated as the lesser of the previous year's price plus 5% or the then current maximum price. Fees will be invoiced and payment is due within 30 days of contract extension. Initial to agree to the Price-Protected Extension option. All Grants Locator contracts are a Y ear-to- Y ear except if the Price Protected Extension option is selected. This offers an extension agreement, which must be signed each year in advance of the current contract tem1ination date. No guarantee is implied regarding a maximum price increase from year to year. Initial to choose a Year-to-Year Extension: Between the following parties: It is agreed by both parties that the terms of the Extension are stated as above and that all other terms and provisions of the Subscription Agreement remain in full force and effect. Vendor Customer eCivis, Inc. 150 E Colorado Boulevard, Suite 215 Pasadena, CA 91105 (877) 232-4847 (Toll Free) Saint Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 IN WITNESS WHEREOF, the parties have executed this Agreement. By: 9~è~ Signature Karl T. Rectanus Vice President 10/21/2005 Saint Lucie County, FL ~ Signature Print Name Date Page 2 of 2 150 East Colorado Blvd, Suite 215 Pasadena, CA 91105 1-877-232-4847 .~ eCIVIS ~ GRANTS LOCATOR CONTRACT EXTENSION: 1/16/2006 to 1/15/2007 Saint Lucie County, FL eCivis, Inc. is pleased to extend your current contract of Grants Locator for an additional year. All the terms and conditions of Contract number 50417-2, (a copy of which is attached/on file with Saint Lucie County and eCivis, Inc.), remain in effect, except for the following modifications. This contract is valid within 60 days of 1/16/2006. 1. Term: 2. Products & Services: 3. Fees: 4. Other Services: 5. Access Holders: 6. eCivis Contact: 7. Master Access Holder: 8. Payment Type: 1/16/2006 to 1/15/2007 · Grants Locator - Federal, State and Foundation License o 10 Courses ITom the "Improving Your Grant Skills" web- based training sessions, included in Grants Locator Subscription. o Web-based Training included for all users o Premiere Client Support If Signed Contract is: D Received by 12/17/2005 D Received by 1/15/2006 D Received After 1/15/2006 This is the Valid Price $16,500 (17% Savings) $17,655 (12% Savings) $20,000 D Community Based Organization Access (includes 50 users): add $10,000 D On-Site Training (one day, up to 3 classes, includes travel): add $2,000 Unlimited Accounts Wes Burt, Senior Client Services Associate, (877) 232-4847, ext. 629 Bill Hoeffner, Grant Writer, (772) 462-1467 DInvoice DPO# Page 1 of 2 150 East Colorado Blvd, Suite 215 Pasadena, CA 91105 1-877 -232-484 7 '" ~ e C IVIS 9. Extension Options: '-" ""'" **(Please Select a Renewal OptiOl1)** To Guarantee a Price-Protected Extension: This agreement will automatically renew Grants Locator for additional calendar year(s) of365 days unless eCivis receives written notification on or before the tennination date. Notification must be sent to eCivis at the address listed below. Fees will be calculated as the lesser of the previous year's price plus 5% or the then current maximum price. Fees will be invoiced and payment is due within 30 days of contract extension. Initial to agree to the Price-Protected Extension option. All Grants Locator contracts are a Year-to-Year except if the Price Protected Extension option is selected. This offers an extension agreement, which must be signed each year in advance of the current contract termination date. No guarantee is implied regarding a maximum price increase from year to year. Initial to choose a Year-to-Year Extension: Between the following parties: It is agreed by both parties that the terms of the Extension are stated as above and that all other tenns and provisions of the Subscription Agreement remain in full force and effect. Vendor Customer eCivis, Inc. 150 E Colorado Boulevard, Suite 215 Pasadena, CA 91105 (877) 232-4847 (Toll Free) Saint Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 IN WITNESS WHEREOF, the parties have executed this Agreement. By: ~------~~ Signature Karl T. Rectanus Vice President 10121/2005 Saint Lucie County, FL Signature Print Name Date Page 2 of 2 150 East Colorado Blvd, Suite 215 Pasadena, CA 91105 1-877-232-4847 '-" ,... . ~ ~ eClvl S WI! c..oa-I~ -/).;L Date: October 23, 2004 Reference No. 50417-2 GRANTS LOCATOR CONTRACT EXTENSION: January 16, 2005 to January is, 2006 County of Saint Lucie, FL eCivis.com, LLC is pleased to extend your current contract or Grants Locator for an additional year. All the terms and conditions of Contract number 10196. a copy of which is attached, remain in effect, except lor the following modifications: 1. Term: 2. Products & Services: 3. Fees: 4. Other Services: 5.' Access Holders. 6. eCivis Contact: 7. Master Access Holder: 8. Payment Type: January 16,2005 to January 15, 2006 . Grants Locator- Federal, Florida and Foundation License o o 5 Participants in the "Improving Your Grant Skills" on-line training sessions. included in Grants Locator Subscription 1 Specialized Grant Analysis, included in Grants Locator Subscription and within six months of contract extension o Web-based Training included for all users If Si£ned Contract is: Klr Received by December 17, 2004 D Received by January 16, 2005 D Received After January 16. 2005 This is the Valid Price $15,450 (34% Savings) $18.000 (23% Savings) $23,250 Dcommunity Based Organization & Library Patron Access: add $3,750 DOn-Site Training (one day. up to 3 classes. includes travel): add $1500 Unlimited Accounts Karl Rectanus. Vice President. 626-578-6210 Bill Hoeffner, Grant Writer. 772-462-1467 Dlnvoice [gJPO# P.2SIIOli DCreditCard Page 1 of 2 :·1· o~t{ "-' -' ,.. ~ eClvls 9. Price Protection: To Guarantee a Price-Protected Extension: This agreement will automatically renew Grants Locator for additional calendar year(s) of 365 days unless eCivis receives written notification on or before the termination date, Notification must be sent to eClvis at the address listed above, Fees will be calculated asJhe lesser of the previuus year's price plus 5% or the then current maximum price. Fees wit I be invoiced and payment is due within 30 days of contract extension. Initial to agree to the Price-Protected Extension option, I I All Grants Locator contracts are a Year-to-Vear except if the Price Protected Extension option is selected. This offers an extension agreement and which must be signed each year in advance of the current contract termination date. No guarantee is implied regarding a maximum price increase from year 10 year. Between the following parties: It is agreed by both parties that the terms of the Extension are stated as above and that all other terms and provisions of the Subscription Agreement remain in full force and effect. Vendor Customer eCivis.com, LLC 150 E Colorado Boulevard, Suite 215 Pasadena, CA 91105 (877) 232-4847 (Toll Free) County of Saint Lucie 2300 Virgina Avenue Ft. Pierce, FL 34982 IN WITNESS WHEREOF, the parties have executed this Agreement. By: County of Saint Lucie, FL .1 4/1;; / ..- V ¿;C .,i'.if--i /GO </ Signalur~ -', ..\.. Graham Forman { .~'-;;'~~'~' .~_.~.~., I! "~c. L"'-..'~-. Vice President ,'- ! . ' Dc"""," "04~4! . :-; F~(u A Print Name A. L£--11iJ~__ ~~...'/' ~ ø. ,,--', -._~'..~ - . . ........... C~O¡j~"~··~': ..,.',.'-I._~.', ..... .. .. t.J';..:" ; ~ ~ . /~. ~ ~ :.., ': ",' ( '-!7yænct-û./ /0d~U if ___ ._-- Date Page 2 of 2 '-" ...", --~_.'-'------~ ___.,h." 51. Lucie County Board of County Commissioners 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Tdehponc: (772) 462-1700 Pax: (772)462-1704 PAl;!':, 1 PURCHASE ORDER Vendor: 28738 eCivis.com 1130 Connecticut Ave Suite 300 Washington DC 20036 PO Number: P2511 018 (PO number must appear on all documents and packages) Issue Date: 12/03/04 _.-.~._--- Delivery Date: 09/30/05 ...----..... ".-.---.... -,------- St. Lucie County Finance Department 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Ship these items to: County Administrator's Office 2300 Virginia Ave. Roger Poitras 3rd Floor Fort Pierce FL 34982 Please send invoices to: -.....- -.--------.--- .. -. ---- --------- ...-------" sofware subscript:ion Grant Locator Program C02-12-122 B-05-00l-1210-S34110 100 RPADMN Quantity U/M, Unit Price Extended Price : I LOO EÞ. i ]5.450.0000 15.-150,00 Description Requisition ft: R2550764 ~__________u__ I ,,, ,dd;""",' ;"'''''"0' ;"" '"""", Anne Bowers 772-462-2130 --- - --- -~--- -~~..._._- ~OTAL: $15,450.00 Federal Employers Identification: 59-6000835 State Sales Tax Exe~ptlon:/66-02-017737-53C / / This order subject to all terms and condilions set forth on the reverse side --~ -/ / (. -. Purchasing Direétor' VENDOR COPY ~I ._.,.~---_._-"., .;"~,-,~.._-~-~.__..",-"..,,_.,.,-_..._,, To take advantage of the benefits of a multi-year agreement, contact your Client Services Associate at (877) 232-4847. ,.._"._,-_._.---"~,->-~,~_._~",-,~~~-~.,~--,.._,.._",, ,.. ~. eClvls Multi-Year Agreements: Grants Success at the Lowest Price Multi-year agreements ensure you get the lowest price each year. Instead of dealing with the renewal process each year, multi-year contracts eliminate paperwork and save you time. You are guaranteed locked-in rates each year, providing you with the most certainty. To take advantage of the benefits of a multi-year agreement, contact your Client Services Associate at (877) 232-4847. Evergreen Agreements: Secure Your Grants Improvement Evergreen agreements automatically renew each year. This option saves you from the hassle of the renewal process, and ensures your service is never interrupted if paperwork falls through the cracks. Starting in 2005, eCivis will send a reminder notice 30 days before the renewal date. Evergreen contracts are limited to no more than a 5% increase each year, so they offer time and cost benefits over year-to-year agreements while still allowing you to make year-to-year decisions. Do nothing to continue, and you can cancel anytime before the new term. To start an Evergreen agreement, initial the appropriate box on the front of your renewal contract. Year-to- Year Agreements: All the Benefits of Service Year-to-year agreements are unprotected from yearly fee increases, making them less popular than the Evergreen or multi-year contracts. In addition, year-to-year agreements necessitate additional paperwork and staff time at an annual renewal date. For long-term clients who have substantial discounts on retail prices, year-to-year agreements can lead to substantial price increases. To keep your agreement on a year-to-year basis, initial the appropriate box on the front of your renewal contract. Examples of Government Helping Citizens .._-~._~~,- Alachua County. FL Coalition for the Homeless Awarded $946,379 Hippodrome Theater Awarded $800,000 Coalition for the Homeless Awarded $748,125 Birth Center of Gainesville Awarded $150,000 Santa Clara. CA Friends of SC River Awarded $340,430 Charlotte. NC Mission Unity Awarded $99,800 Fairfax. VA Art Council of Fairfax Awarded $40,000 "W ~ e C IV I S Grants Locator helps you find funding, and you can now extend access to your non profits and allow them to reap the benefits of the premier grants search system for themselves: Increased Foundations Foundations now includes an update to the top 100 foundations in giving. Most Timely Grants Information Available Updates and new grants are posted daily to give you and your nonprofits as much time as possible to apply. Stay ahead of your competitors. Increased Expert Staff We've expanded our research department. Our expert research analysts have MPA and local government experience, as well as grant writing qualifications. Grants Locator culminates expert research from our in-house analysts, providing you with more than 25,000 hours of research annually, all available at your fingertips. A Grant Can Pay for Grants Locator! Did you realize Community Development Block Grants could help you pay for Grants Locator and CBO access? That's right. Increase the amount of grants you get by leveraging an existing grant. We'll show you how. Time Savings Even if you only have a small percentage of time to allot to grants research, Grants Locator maximizes that time. Find grants in minutes, not hours. Find all the grants you are eligible for in ONE place. Additional News Grants Locator contains the news you need to stay informed on the top legislative issues affecting the grant process. Advantages of CaD Access: By giving CBOs access to Grants Locator, CBO leaders and administrators can find funding. By finding their own funding, CBOs grow and thrive. They strengthen their organizations by supporting themselves in efforts to secure funding via grants. By providing CBO access and training, you extend the good hand of the community while getting the credit for helping CBOs with their funding. By enabling CBOs to access Grants Locator, elected officials are tied to the community and have the opportunity to give back to constituents without hurting their budgets. See reverse side for savings and registration form. - -.. '-' "tttII ITEM NO. 68 DATE: 11/22/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER, DIRECTOR SUBJECT: Award of Bid #05-115 - Waste Tire Processing BACKGROUND: Please see attached memorandum. FUNDS AVAilABLE: Funds will be available in Account #401-3410-534000-300 (Contracts & Services) PREVIOUS ACTION: Please see attached memorandum. RECOMMENDATION: Staff requests that the Board award Bid #05-115 (Waste Tire Processing) to the sole bidder, Florida Tire Recycling, for the price plan listed on the attached tabulation sheet, and authorize the Chairman to sign the contract as prepared by the County Attorney. (}è APPROVED () DENIED ( ) OTHER Approved 5-0 COMMISSION ACTION: E: County Attorney ro Originating Dept. ( ) ~ Coordinatlon/Sianature~. _ . A Mgt. & Budget 0( J1y~7ìl~ Purchasing (X) Other ( ) Other ( ) tit finance: (check for copy, only if applicable) _ , '-" ...,; PURCHASING DEPARTMENT MEMORANDUM FROM: Board of County Commissioners Ed Parker, Purchasing Director 61 f TO: DATE: November 7, 2005 RE: Award of Bid #05-115 - Waste Tire Processing Background: On October 28, 2005, bids were open for Bid #05-105 - Waste Tire Processing. Three hundred and twenty-six (326) vendors were notified, five (5) documents were distributed, and one (1) response was received. Recommendation: Staff recommends the award of Bid #05-115 to Florida Tire Recycling for the price plan listed on the attached tabulation sheet. EP/jc , \.r' ...., BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - BID# 05-115 PROCESSING OF WASTE TIRES - SOLID WASTE DEPARTMENT OPENED: 10/28/05 AT 3:30 P.M. THE FOLLOWING SUBMITTAL WAS RECEIVED: 1. FLORIDA TIRE RECYCLING PORT ST. LUCIE, FL. FAX: 772-489-2124 PRICE PER TON FOR AUTOMOBILE AND LIGHT TRUCK TIRES UNDER 20" RIM SIZE AND SMALLER PICKED UP BY VENDOR AT THE ST. LUCIE COUNTY LANDFILL. $75/TON PRICE PER TON FOR 20" RIM SIZE OR LARGER, FLOAT TIRES, TRUCK TIRES AND OFF ROAD TIRES, PICKED UP BY VENDOR AT THE ST. LUCIE COUNTY BALING FACILITY: $250/TON NUMBER OF COMPANIES NOTIFIED": 326 NUMBER OF BID DOCUMENTS DISTRIBUTED": 5 NUMBER OF BIDS RECEIVED: 1 "per demandstar.com JOSEPH E. SMITH. District NO.1. DOUG COWARD. District NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce. FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: WNW.co.st-lucie.fl.us ~ ...." SOLID WASTE DEPARTMENT MEMORANDUM 06-007 TO: Ed Parker Purchasing Director Leo J. Cordeiro ~ Solid Waste Director~' FROM: DATE: November 2, 2005 RE: Bid #05-115 Processing of Waste Tires Please take the necessary to award bid #05-115 - Processing of Waste Tires to the only bidder Florida Tire Recycling. Please call if you have any questions. Thank you. LJC:dls -' GDa :---f """ E o m ° o c z =<! :I ." .Q a ë3. <: . w '""'tJ C ::u 0::z:¡ Irn >0 (D'm z<:: øm 00 m ~ ----, ~" '-' ...,,¡ ITEM NO. 6C DATE: 11/22/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER. DIRECTOR SUBJECT: Permission to Advertise a Request for Qualifications (RFQ) for Underwriter Services BACKGROUND: Please see the attached memorandum. FUNDS AVAilABLE: Underwriters charges are based on issuance of bonds. PREVIOUS ACTION: Please see the attached memorandum. RECOMMENDATION: Staff requests that the Board grant permission to advertise an RFQ for Underwriting Services. 00 APPROVED ( ) OTHER ( ) DENIED COMMISSION ACTION: Approved 5-0 Do gl M. Anderson County Administrator County Attorney (X) Originating Dept. ( ) c ¡þ t'~'~\ Mgt. & Budget (X) Other ( ) Purchasing (X) 0IjJ Other ( ) finance: (check for copy, only if applicable)_ " ''t '-" ..", PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners DATE: Ed Parker, Purchasing Director Z=:J'V November 10, 2005 FROM: RE: Permission to Advertise RFQ for Underwriting Services Due to a request from Marie Gouin, Management & Budget Director, I am requesting that . the Board grant permission to advertise an RFQ for Underwriting Services. EP/jc '-'" Page 1 of 1 ....", Edward Parker - Underwriter Services RFQ ~..tfæ.~~~~&-:~:Z¡¡S¡:!k"'~~"'a.:~--~~ ~."'-\ From: To: Date: Subject: CC: Suzanne Antonetti Parker, Edward 11/10/200511:35AM Underwriter Services RFQ Marie Gouin Could you please ask the SOCC for permission to advertise for thse services? Thanks, Suzanne Antonetti Exec. Assistant SI. Lucie County OMS Ph# (772)462-1670 Fax # (772)462-2117 E-Mail: Suzélnnea@co.st-Iucie.fl.us file:/ /C: \Documents%20and%20Settings \Administrator\Local%20Settings\ Temp \GW} 00... 11/10/2005 -,. r '-' -.; ITEM NO. 6D DATE: 11/22/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: ED PARKER. DIRECTOR SUBJECT: Approval of Hurricane Related Purchases BACKGROUND: Please see attached memorandum. FUNDS AVAilABLE: Hurricane Frances, Jeanne & Wilma Programs - Various funds and organizations (Emergency Reserves to be reimbursed by FEMA) PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends that the Board approve the attached list of hurricane related purchases. (}ð APPROVED ( ) OTHER ( ) DENIED COMMISSION ACTION: Approved 5-0 Dougl M. Anderson County Administrator County Attorney (x) Originating Dept. ( ) J4 Coordination/Sianatures -/ 4 Mgl. & Budget (x)~ Pureheslng (x) ð L Other ( ) Other ( ) finance: (check for copy, only if applicable) _ · '" 'wfIJI PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Ed Parker, Purchasing Director DATE: November 14,2005 RE: Approval of Hurricane Related Purchases BACKGROUND: Pursuant to Florida Statutes (2003) Section 252.38, political subdivisions of the state have the power during a state of local emergency to provide for the health and safety of people and property. The Board has previously adopted Resolution No. 00-277, authorizing the St. Lucie County Administrator and the County Public Safety Director to exercise certain emergency powers and authority during a local emergency. The impact of Hurricanes Frances, Jeanne, and Wilma placed St. Lucie County into a state of local emergency, exposing the citizens of the County to danger of life and property. As a result, the St. Lucie County Public Safety Director declared a State of Local Emergency for Hurricane Frances on September 1, 2004, for Hurricane Jeanne on September 24, 2004, and for Hurricane Wilma on October 25,2005. To date, these States of Emergency have been extended until further notice. Pursuant to County's Purchasing Manual (Section 5.5), the Board has authorized the waiver of bids in an emergency. Attached to this memorandum is a list of emergency purchase orders and copies of emergency credit card purchases related to Hurricanes Frances, Jeanne, and Wilma since the date of Board approval. Further background information and details on these purchases are available in the Purchasing Department. EP/jc -. '-'" ..." AN ORDER OF THE PUBLIC SAFETY DIRECTOR OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE WILMA) WHEREAS, the Public Safety Director 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 October 22, 2005 àt 6:00 a.m. due to Hurricane Wilma. 3. The effect of Hurricane Wilma 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, 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 November 4,2005 at 6:00 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 28, 2005 at 6:00 a.m. ORDERED this 25th day of October, 2005, at fo :cO .9....,m. Jack T. Southard Public Safety Director ¡ BOARD OF COUNTY COMMISSIONERS fIW" '·"~"f.""'~õ'el'E'" ,,'"" COUNTY , FLORIDA ."., 'tttttIII PURCHASING DEPARTMENT ED PARKER, epps - - -~_.__. P.O. # DEPARTMENT VENDOR DESCRIPTION AMOUNT TOTAL AMOUNT P261 0661 Central Services Williams Scotsman Monthly rental of a double-wide office trailer $4,103.92 $4,103.92 - Central Svc. Relocation P2610714 Central Services Able Body Labor Temporary Labor $20,000.00 $20,000.00 P2610715 Central Services Sunbelt Restoration, Inc. Conduct damage inspection/assessment on $25,000.00 $25,000.00 Civic Center P261 0796 Central Services Matula Electric Electrical Work on the CS Admin. Bldg. $9,999.00 $9,999.00 TOTAL PURCHASE ORDERS - FRANCES $49,103.92 III@_ " , ,_ " , , , .' .., " - '_.' ...,' ,.. ,...',.. .. ,'_ <,(".,,)'[., ,_, 'WAF,}','" . ,:.-, _.._ ,', __, " ._.,", 'U" .....'. ..,,",. ',.. ' "" .._ '.'. ,'.., ""'" """'" ",' .. '... ",. ,'.. " ,,-.. '.. _. " .. ....... .. .".. "",_",: .. 'm:.""""""'" :1:h.k;"!~,. '..'fò!*L ",·¡¡it·i..,'\?"', ,;:'" .;~ : P.O. # DEPARTMENT VENDOR DESCRIPTION P2610716 Public Safety Daves Communications Work performed at Solid Waste on Towers TOTAL PURCHASE ORDERS· JEANNE AMOUNT TOTAL AMOUNT $1,599.75 $1,599.75 $1,599.75 ......'.1111__1.....__ P.O. # DEPARTMENT P261 0670 Public Safety P261 0671 Public Safety P261 0703 Solid Waste P2610713 Mosquito Control P2650741 Solid Waste P261 0774 Public Safety P261 0775 Public Safety P261 0776 Central Services P261 0784 R2650824 Public Safety Parks & Recreation Rodda Construction S & STowers VENDOR DESCRIPTION Ryder Transportation Services Aramark Correctional Service Rental of van trailers for dry food storage 1375 Meals served at EOC Clear Channel Radio Time for Debris Removal Advisory Native Technologies We'll Floor U, Inc. Stanley Steamer Choice Environmental Services Richard K. Davis Const. Emergency Vegetation Removal New Carpet in Con!. Rm. Water Extraction and Biocide Rental of Portable Toilet Units Replace & repair all roof panel damage on the R & B Barn Clamps, rods, hex nuts, lock washers. heavy duty side mounts for tower sites Repairs to Tradition Field TOTAL PURCHASE ORDERS - WILMA AMOUNT TOTAL AMOUNT $870.20 $870.20 $5,843.75 $5,843.75 $9,900.00 $9,900.00 $149,725.22 $149,725.22 $1,153.00 $1,153.00 $78.00 $78.00 $461.00 $461.00 $6.443.00 $6,443.00 $1,101.00 $1,101.00 $2,227,652.00 $2,227,652.00 $2,403,227.17 $49,103.92 $1,599.75 $2,403,227.17 $2,453,930.84 FRANCES JEANNE WILMA TOTAL TO BOARD: 11/8105 . ; . '8% ,. .............: .m. . of.,: ......., .... .. . ................. '.' ..' ... ... '.' ...... . .7/20/~5-11/2Î10f....·· ... .... ....... . ...... ...,;' ... ...........\ ... ...? .. .............. .m.. .......... .......... .: TO BOARD: 10/05104 - PO'S - FRANCES $24,870,890.27 TO BOARD: 10/05/04 - CREDIT CARD STATEMENT· FRANCES $188,462.70 TO BOARD: 10/12/04 - PO'S - FRANCES $877,545.68 TO BOARD: 10/19/04 - PO'S & CREDIT CARD PURCH. - FRANCES $942,831.71 TO BOARD: 10/26/04· PO'S & CREDIT CARD PURCH. - FRANCES $125,799.29 TO BOARD: 11/02/04 - PO'S. - FRANCES $125,619.99 TO BOARD: 11/09/04 - PO'S . FRANCES $8,177,287.88 TO BOARD: 11/15104· PO'S & CREDIT CARD PURCH. - FRANCES $3,190.311.52 TO BOARD: 11/23/04· PO'S . FRANCES $169,414.35 TO BOARD: 1217/04· PO'S - FRANCES $70,620.13 TO BOARD: 12/14/04 - PO'S - FRANCES $292,007.84 TO BOARD: 12/21/04 - PO'S . FRANCES $72,365.75 TO BOARD: 1/11/05· PO'S· FRANCES $258,477.26 TO BOARD: 1/25105 - PO'S - FRANCES $3,609,460.51 TO BOARD: 2/8105 - PO'S - FRANCES $799,224.21 TO BOARD: 2/22/05 - PO'S & CREDIT CARD PURCH. - FRANCES $186,092.63 TO BOARD: 3/08105 - PO'S & CREDIT CARD PURCH. - FRANCES $152,822.90 TO BOARD: 3/22/05 - PO'S - FRANCES $107,126.89 TO BOARD: 4/05105· PO'S & CREDIT CARD PURCH. . FRANCES $240,874.62 TO BOARD: 4/26/05 - PO'S - FRANCES $6,821.00 TO BOARD: 5/24/05 - PO'S - FRANCES $66,590.95 TO BOARD: 6/28/05 - PO'S - FRANCES $68,017.94 TO BOARD: 9/6/05 - PO'S - FRANCES $41,252.50 TO BOARD: 11/8/05 - PO'S· FRANCES $113,600.25 TO BOARD: 11/22/05 - PO'S· FRANCES $49,103.92 TOTAL FRANCES TO DATE: $44,802,622.69 _--------~I TO BOARD: 10/12/04 - PO'S - JEANNE $548,078.39 TO BOARD: 10/19/04 - PO'S & CREDIT CARD PURCH. - JEANNE $252,234.83 TO BOARD: 10/26/04 - PO'S & CREDIT CARD PURCH. - JEANNE $497,017.14 TO BOARD: 11/02/04 - PO'S . JEANNE $9,750.80 TO BOARD: 11/09/04 - PO'S - JEANNE $223,951.36 TO BOARD: 11/15/04 - PO'S & CREDIT CARD PURCH. . JEANNE $87,753.77 TO BOARD: 11/23/04 - PO'S -JEANNE $80,811.77 TO BOARD: 1217/04 - PO'S - JEANNE $29,679,672.96 TO BOARD: 12/14/04 - PO'S -JEANNE $67,671.17 TO BOARD: 12/21/04 - PO'S - JEANNE $3,240.00 TO BOARD: 1/11/05 - PO'S -JEANNE $568,551.65 TO BOARD: 1/25/05 - PO'S . JEANNE $4,658,464.12 TO BOARD: 2/8/05 - PO'S -JEANNE $237,724.90 TO BOARD: 2/22/05 - PO'S & CREDIT CARD PURCH. -JEANNE $184,671.07 TO BOARD: 3/8105 - PO'S & CREDIT CARD PURCH. -JEANNE $303,183.98 TO BOARD: 3/22/05 - PO'S. . JEANNE $9,799.26 TO BOARD: 4/05105 - PO·S. - JEANNE $307,824.80 TO BOARD: 4/26/05 - PO·S. & CREDIT CARD PURCH. -JEANNE $31,767.33 TO BOARD: 5/24/05 - PO'S. & CREDIT CARD PURCH. - JEANNE $170,859.75 TO BOARD: 6/28/05 - PO·S. - JEANNE $180,330.00 TO BOARD: 9/6/05 - PO'S -JEANNE $48,761.00 TO BOARD: 11/8/05 - PO'S -JEANNE $3.720.00 TO BOARD: 11/22/05· PO'S -JEANNE $1,599.75 TOTAL JEANNE TO DATE: _~¡¡¡!!î.i!;11I1 iJillJlI1ill:__ =.. fjj TO BOARD: 11/8/05 - PO'S - WILMA TO BOARD: 11/22/05 - PO'S - WILMA TOTAL WILMA TO DATE: $38,157,439.80 _.'ltRRlI______lj.__1IIIi;I $159,801.06 $2,403,227.17 $2,563.028.23 TOTAL HURRICANE EXPENSES TO DATE: $85,523,090.72 ..,/ ITEM NO. "If1I!I/i DATE: 11/22/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: ED PARKER, DIRECTOR SUBJECT: Award Bid #06-003 - Roofing for Roger Poitras Building BACKGROUND: Please see the attached memo. FUNDS AVAILABLE: Account # 316-1931-546200-1526 (Maintenance Improvement Projects) PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends that the Board award Bid #06-003, Roofing for Roger Poitras Building, to Dependable Roofing Systems, Inc. for the amount of $157,700.00, and authorize the chairman to sign the contract as drafted by the County Attorney. COMMISSION ACTION: E: (,¿ APPROVED (j OTHER ( ) DENIED 1\NDERSON TY ADMINISTRATOR Approved 5-0 County Attorney (X) ¡} Coordination/S iQnatures Mgt. & Budget (X) ~ Other ( ) Purchasing (X) 6;/ / Originating Dept. ( ) Other ( ) Finance: (check for copy, only if applicable)_ ~ .."", PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners Ed Parker, Purchasing Director {Jf FROM: DATE: November 10, 2005 RE: Award Bid #06-003 - Roofing for Roger Poitras Building Backaround: On November 9, 2005, bids were open for Bid #06-003 - Roofing for Roger Poitras Building. One thousand one hundred and seven (1107) vendors were notified, eighteen (18) documents were distributed, and one (1) response was received. Recommendation: Staff recommends that the Board award Bid #06-003, Roofing for Roger Poitras Building, to Dependable Roofing Systems, Inc. for the amount of $157,700.00, and authorize the chairman to sign the contract as drafted by the County Attorney. EP/jc \.r' """" BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - BID# 06-003 ROOFING FOR ROGER POITRAS BUILDING - CENTRAL SERVICES DEPARTMENT OPENED: NOVEMBER 9,2005 AT 2:00 P.M. ONE (1) BID WAS RECIEVED FROM: Dependable Roofing Systems, Inc. Vero Beach, Florida Fax: (772) 299-0658 1. Duro-Last Roofing 2. Alternate Roofing - Modified Bitumen Roofing Systems Over LWC Deck (Name and Specifications attached) 3. Construction Bond (if required) 1. 12. OPTIONS: 4. Remove & Replace (4) Aluminum ladders on AlC units without safety cages 5. Remove & Replace (4) Aluminum ladders on AlC units with safety cages Earliest Start Date: $122,000.00 $146,000.00 $3,500.00 $4,200.00 $6,000.00 Number of Days to Completion: $7,500.00 2/1/06 30 Working Days (Weather Permitting) NUMBER OF COMPANIES NOTIFIED*: 1107 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 18 NUMBER OF BIDS RECEIVED: *per demandstar.com 1 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.fI.us '-" Page 1 of 1 ...., Jennifer Cruz - Bid #06-003 From: To: Date: Subject: cc: Roger A Shinn Parker, Edward 11/15/2005 12:09 PM Bid #06-003 Cruz, Jennifer; Shinn, Roger A We would like to request that Bid#06-003 for Roofing for the Roger Poitras Building be awarded to Dependable Roofing. They were the only company to respond to this bid request. The options chosen are Option #2 and Option #5. The funding source is account #316-1931-546200-1526. Thank you. file://C:\Documents%20and%20Settings\Administrator\LocaI%20Settings\ Temp\GW} 00... 11/15/2005 , \-' ITEM NO. """ DATE: 11/08/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: Change Order NO.2 for Contract C05-10-535 with Deubel Company BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: Account #001400 -3715-563000-300 Improvement OfT Buildings PREVIOUS ACTION: On October 11, 2005 the BOCC approved awarding Bid #05-109 - Purchase & Installation of Hurricane Shutters for various Habitat for Humanity Homes to the only bidder Deubel Company for a total amount of $31,900. On November 8, 2005, the BOCC approved Change Order #1 in the amount of $4,199.00. RECOMMENDATION: Staff recommends approval of Change Order NO.2 for Contract C05-10- 535 with Deubel Company, and authorization for the Chairman to sign the change order as prepared by the County Attorney. COMMISSION ACTION: Approved 5-0 j(] APPROVED [] DENIED [ ] OTHER: County Attomey:(X) ~. Coordination/Sianatu~ ^ J M9t.&BUdget:(X~ Other: Purchasing Mgr.:(X) ø ¡:J Other: Originating Dept: Finance: (Check for Copy only, if Applicable) \.f ..""" PURCHASING DEPARTMENT MEMORANDUM FROM: Board of County Commissioners Ed Parker, Purchasing Director a! TO: DATE: November 1 , 2005 RE: Change Order NO.2 to Contract C05-10-535 with Deubel Company Timeline of Events for Bid #05-109: · On September 28, 2005, bids were opened for Bid #05-109 - Purchase & Installation of Hurricane Shutters for various Habitat for Humanity Homes. Two hundred eighty-six (286) vendors were notified, fourteen (14) documents were distributed, and one (1) response was received. · On October 11, 2005, the Board awarded Bid #05-109 - Purchase & Installation of Hurricane Shutters for various Habitat for Humanity Homes to the only bidder, Deubel Company, for a total amount of $31,900. · On November 8,2005, the BOCC approved Change Order #1 in the amount of $4,199. · Staff is now requesting the approval of Change Order #2 for the amount of $1,470.00. EP/jc , CHANGE ORDER '-" ST. LUCIE COUNTY PROJECT: (name, address) Habitat for Humanity Houses Hurricane Shutters ....I CHANGE ORDER NUMBER: NO.2 INITIATION DATE: 11/10/2005 CONSULTANT'S PROJECT NO.: TO (Contractor): Deubel Co. 656 Second Lane Vera Beach, Florida 32962 ST. LUCIE COUNTY CONTRACT NO: CONTRACT DATE You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) 5uplpy and install hurricane protection on 3 Habitat for Humanity homes (3 doors with small glass windows) C05-1 0-535 October 11, 2005 The original (Contract Sum) (Guaranteed Maximum Cost) was Net change by previous authorized Change orders The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or changed) by this Change Order The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be The Contract Time will be (increased) (decreased) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: Funds Available: Account Number $ 31,900.00 $ 4,199.00 $ 36,099.00 $ 1,470.00 $ 37,569.00 ( 0 ) Days The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. St. Lucie County Cooperative Extension 5t. Lucie County Department 8400 Picos Road, Suite 101. Ft. Pierce, FL 34945 Add ress Recommended: Approved: Architect/Engineer Address Date By Agreed To: Deubel Co. Contractor By Authorized St. Lucie County:2300 Virginia Ave., Ft. Pierce, FL 34982 656 2nd Lane, Vera Beach, FL 32962 Address By: Date Approved as to Form and Correctness: County Attorney By Date · Nov 09 OS 10:04a St Lucie Co Coop Ext '-" 772 462 15'<1 p.2 - , .....; Deubel Co. ProdUc:ts by KoRnay 656 21' Lane vero Belich, fL 32962 (112) 569-4004 phone (172) 562-8388 fiX ADDENDUM TO BID # 05-109 Habitat for Humanity C/O Carla Lenfesty Fax: (772) 462 -1510 Item # 1 Supply élnd instal] h1.lfficane protection on 3 Habitat for Humanity Hörnes (3 <loors that contain sma1l gl<lss windows. bomes #4, #7. #17) 5ì 490.00 x 3 '" Total: $ !,4 70.00 y ITEM NO. ..J DATE: 11/16/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: ED PARKER. DIRECTOR SUBJECT: Approval to amend the Contract award amount of $450,000, awarded to DPC General Contractors, Inc., to include the Public Construction Bond amount of $7,750.00 necessary for the Demolition of Interior and Abatement of Hazardous Materials in the Old Court House BACKGROUND: Please see the attached memo. FUNDS AVAilABLE: Hurricane-001-1930-562000-FE003C Insurance Deductible-505001-1905-545200-190026 (Frances) Insurance Loss -505001-1905-545020-190026 (Frances) PREVIOUS ACTION: On October 11, 2005, the Board approved awarding Bid #05-103 to the low bidder, DPC General Contractors, Inc for the total amount of $450,000. RECOMMENDATION: Consider staff recommendation to approve amending the contract award amount of $450,000, awarded to DPC General Contractors, Inc., to include the Public Construction Bond amount of $7,750.00 necessary for the Demolition of Interior and Abatement of Hazardous Materials in the Old Court House. Upon approval the total contract amount would be $457,750. COMMISSION ACTION: E: OU NDERSON COUNTY ADMINISTRATOR ()C} APPROVED () DENIED ( ) OTHER Approved 5-0 County Attorney (X) Originating Dept. ( ) ~. coordination/Si~:l A , Mgt. & Budget (X) ~ Other ( ) Other ( ) Purchasing (X) §' ¡2 Finance: (check for copy, only if applicable) _ '-' ...,¡ PURCHASING DEPARTMENT Ed Parker, Director BOARD OF COUNTY COMMISSIONERS MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director t;;j¡ f From: Date: November 16, 2005 Re: Amendment to Contract Award to Include Public Construction Bond ******************************************************************************************************************* BACKGROUND: On October 11, 2005, the Board approved awarding Bid #05-103 to the low bidder, DPC General Contractors, Inc for the total amount of $450,000. Staff is now requesting board approval to amend the contract award to include the public construction bond in the amount of $7,750, for a total contract amount of $457,750. EP/jc ~ . Nov.!!. 2005 ¡0:46AM dpc general contractors 'w' No.~471 "wi p. 1 DPC GENERAL CONTRACTORS, INC. 1860 NW 21 Terrace, Miami, Florida 33142 305/325-0447. 800/488-0447 305/325-8016 (fax) FACSIMILE TRANSMITTAL LETTER DATE' 1/ /1/ !Ð6 TO- Mr. Jess Baxley Purchasing Department ST LUCIE COUNTY, FLORIDA FAX NUMBER: 7721462·1259 7721462-1444 PHONE NUMBER' FROM~ O.D. Sever Phone' 305/325-0447 Fax: 305/325-8016 o Originals will be sent in the mail o Originals will be hand delivered. o Attached is bid/propossl ss requested o Please reply as soon as possible o For your information o As per your request WE ARE TRANSMITTING _ PAGE (S). INCLUDING THIS TRANSMITTAL COVER PAGE IF YOU DO NOT RECEIVE ALL PAG~(S), PLEASE CALL OUR OFFICE AS SOON AS POSSIBLE, 305/325-0447 or 800/488-0447 THANK YOU. ~o~N 0 V . 11. 200 5,:1 0 : 46 A Map c g e n era I con t r act 0 r s ~ Sb~ Ciroup~lnc. One PBI'k p~ 1900 Emery SVeet· Ste. 120 Atlanta. Georgia 3031 Ii (404) 3$2-8211 . Atlanta (BCIO) 488-8211 - USA (404) 361-3237 - Fax 404N 0 ¡; 4 Zb7 p, .2.02//212 ....,¡ DPC GENERAL CONTRACTORS, INC. 1860 NW 21ST TERRACE MIAMI, FL 33142 ATfN: O. DAVID SEVER INVOICE BOND # INVOICE # EFFEC.I'IVE DATE EST.COMPLETION DATE 0411707 November 7, 2005 November 7, ZOO6 PRINCIPAL DPC GENERAL CONTRACTORS, INC. OBLIGEE ST. LUCIE COUNTYBOCC CARRIER INTERNATIONAL FIDELITY INSURANCE COMPANY BOND DESCRIPTION SAA CODE JOB STATE AIA PERFORMANCEJPAYMENr PROJECT DESCRIPTION INTERIOR DEMOµTION & HAZARDOUS MATERIALS ABATEMENT @ OLD COtJRTlIOUSE CQNTRACf AMOUNT . rREMIUM DUE 5450,000.00 $7,750.00 F~R DP'..!iWRIP'I"JON + nit AMT. PAYMENT DPJSca'PTlðN . PAY AMT. " .. Net Due $7,750.00 PLEASE REFERENCE BOND AND/OR INVOICE NUMBER ON CHECK Final Pr-emiam will be adjlllted bued upon the ßnal contract price. INVOICE DAT£))I I\rowmber 7,2005 \/ ITEM NO. ....I DATE: 11/22/05 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 #05-108 - Bicycle/Pedestrian Greenways & Trails Master Plan BACKGROUND: See attached memo. FUNDS AVAilABLE: Funding will be provided at contract award. PREVIOUS ACTION: N/A. RECOMMENDATION: The committee request permission to negotiate with the top rank firm Glatting Jackson Kercher Anglin Lopez Rinehart, if not successful permission to negotiate with second rank firm Kimley-Horn & Associates, Inc. and bring back to the Board for contract approval. NDERSON Approved 5-0 TY ADMINISTRATOR COMMISSION ACTION: (x APPROVED () DENIED ( ) OTHER Coordination/Siqnatures County Attorney ( ) Originating Dept. ( ) !k Mgt. & Budget ( )~ Other ( ) Purchasing ( x ) ¿;;jp Other ( ) Finance: (check for copy, only if applicable)_ BOARD OF ~ COUNTY COMMISSIONERS ~CHASING DEPARTMENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director $ () Date: November 16, 2005 Re: Award of RFP #05-108 - Bicycle/Pedestrian Greenways & Trails Master Plan BACKGROUND: On September 28, 2005 proposals were opened for RFP #05-108 - Bicycle/Pedestrian Greenways & Trails Master Plan. Six hundred sixty-six (666 vendors were notified, fifty (50) documents were distributed, and five (5) responses were received. A Selection Committee met on November 16, 2005 to review the proposals. The committee request permission to negotiate with the top rank firm Glatting Jackson Kercher Anglin Lopez Rinehart, if not successful permission to negotiate with second rank firm Kimley-Hom & Associates, Inc. and bring back to the Board for contract approval. Ranking Points 1) Glatting Jackson Kercher Anglin 248 Lopez Rinehart 2) Kimley-Hom & Associates, Inc. 246 3) Brad Smith Associates 195 4) URS Corporation 227 5) Miller Legg 231 \w' 'wII BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR RFP #05-108 - BICYCLE/PEDESTRIAN GREENWAYS & TRAILS MASTER PLAN TABULATION SHEET GROWTH MANAGEMENT DEPARTMENT RFP #05-108 OPENED ON SEPTEMBER 28,2005 AT 2:30 P.M. PROPOSALS WERE RECEIVED FROM THE FOLLOWING COMPANIES: " 1) GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART WEST PALM BEACH, FLORIDA PHONE: (561) 659-6552 FAX: (561) 833-1790 3) URS CORPORATION BOCA RATON, FLORIDA PHONE: (561) 994-6500 BRAD SMITH ASSOCIATES MELBOURNE, FLORIDA PHONE: (321) 724-1036 MILLER LEGG PORT ST. LUCIE, FLORIDA PHONE: (772) 344·3431 FAX: (561) 994-6524 2) FAX: (321) 724-9429 4) FAX: (772) 344-5011 5) KIMLEY-HORN & ASSOCIATES, INC. PORT ST. LUCIE, FLORIDA PHONE: (772) 345-3800 FAX: (772) 286-0138 NUMBER OF COMPANIES NOTIFIED*: 666 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 50 NUMBER OF BIDS RECEIVED: 5 *Per demandstar.com JOSEPH E. SMITH, District No.1' DOUG COWARD. District NO.2. PAULA A. LEWIS, District No, 3. FRANNIE HUTCHINSON. District NO.4. CHRIS CRAFT, District No 5 County Administrator - Douglas M. Anderson 2300 Virgirlia Avenue - Fort Pierce. FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: \NWW.co.st-lucie.flus ....., ENVIRONMENTAL RESOURCES DEPARTMENT MEMORANDUM FROM: Doug Anderson, County Administrator ~ ~ Vanessa Bessey, Environmental Resources Directo~~ TO: DATE: October 13, 2005 RE: RFP#05-108 - Bicycle/Pedestrian Greenways and Trails Master Plan The above RFP was received by the County on September 28, 2005. Please approve the following to sit on the selection committee: Faye Outlaw - Assistant County Administrator Don West - Public Works Director Steve Fousek - Environmental Lands Specialist Sandra Bogan - Oxbow Eco-Center Superintendent Ed Parker - Purchasing Director Once I have received your approval, I will schedule a meeting of the committee to review the proposals. If you have any questions, I can be reached at extension 2528. Thanks. Approval: . ~ OF j,/ ITEM NO~ DATE: 11/22/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Purchasinq Ed Parker, Purchasinq Director SUBJECT: Bid Waiver and sole source declaration for the implementation of improvements and adjustments to the AlC system at the Rock Road Jail. This is for the Central Services Department. BACKGROUND: Siemens installed the controls system at Rock Road Jail and created the computer program that runs the control system. Siemens has also been awarded the maintenance contract on the chillers at Rock Road Jail. Therefore, to insure correct implementation of the corrective measures to the control system and chiller plant prescribed by Sims Wilkerson Engineering, the use of the vendor of installation and maintenance is recommended. FUNDS AVAILABLE: Account #315-1930-534000-15012 (Other Contractual Services) Account #315-1930-546200-15012 (Maintenance Improvement Projects) PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends approval of the bid waiver and sole source declaration for the services of Siemens Building Technologies, Inc. for the amount not to exceed $36,000.00. COMMISSION ACTION: E: Approved 5-0 [¥APPROVED [] DENIED [ ] OTHER: County Attorney:(X) 1:tt t"- 0.1" n Originating Dept: coordination/SiQnature~ 'U~Y ,~(\I Mgt. & Budget:(X) . ' Purchasing Mgr.:(X) 6/¡Ú Other: Other: Finance: (Check for Copy only, if Appiicable) ; -... ..., 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 required supply, services or construction item. Use the services of Siemans Building Tech. to implement the improvements and adjustments to the alc system at the Rock Road Jail. As a sole source procurement from: r~--,·,-~"-,-,,,-,,_·""~~""_'·m."~"~'_.""""_~m~"__""""~'-"...~."."""".."""""'''''''~''''--'''. ,,,,,,.,,,,,-,,,,-,,".'_."" Name of Company: !"§..i~"~~~"~_!?~~(jJ"~5I"I~~~!:'"<?1~~ies2J..I:I..~:""..._,,,,,,,,_,,,,"""-"""""""""""".,,.._-,,-""""'''''''''' .".."-"~",,,,." Contact Name: Phone: 223-8222 Ext. 24 The basis for this sole source determination and the reason no other vendor is suitable is: installed the controls system at Rock Road Jail and created the computer program that the control system. Siemens has also been awarded the maintenance contract on the chillers Rock Road Jail. Therefore, to insure correct implementation of the corrective measures to the system and chiller plant prescribed by Sims Wilkerson Engineering, the use of the vendor of and maintenance is recommended. ~nVDivision Central SeNices ~~ L.. . Authorized Signature Date 1/9/05 ~'~~_~~'=~_""'~~'"__'_'~'~~~'~v.=~,,,,,, " " Title Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3, Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. e)r~/~~ Purchas'ing Director Approved ~ Disapproved 0 /1 ) I? /6:::- Date I I G:FORMS\SOLE SOURCE\lNT ~. . .. :.- 11~~~;,~~~20~~:l!:51A~ ~237130 -... SIEMENS BLDG TECH N0 2990 ..., p. L I ,.............~ 1211/03 SIEMENS Fax To; Bob etts~"old From: Brad Ayres Phone: (772) 223-8222, ext~Z4 Fax; (772) 223·7130 E-Mail: Bradle~.ayre9@sie!!!.!tns.com Pages to follow: 2 Fax: (772) 462-11Qi Phone: Date: 11/07/05 Message: SUBJECT; Blanket PO PropDsal Siemens Building Technologies, Inc. 2969 SW 42"" Avelue ¡:>~Im r.ltv. :L ~.ð.<:\'~() Tel: (772) 223-8222 F~){' 177?\ ?::!3-71~O N 0 v. 7. 2 0 0 5 11: 5 2 M"~ 11,," /I Lr.Jr.J~ 1.2: "u . 2237130 ~ SIEMENS BLDG TECH SIEMENS Proposal St. Lucie County Government Attn. Bob EttswoJd - A,C. Maintenance Supervisor No.: 296-N-110705~C2 Date; 11/07/05 Project: Location: Proposal; N° 2990 ...., p. 5_ 01-;0[:' 02/03 ImprDvements and Adjustments to Air Conditioning St. LucIe County Correctional (Rock Road Jail) Siemens i:lroposes to provide labor, controls, and materials on an as-needed basis in order to make improvements and adjustments to the air conditioning system at Roc~ Road Jail. All labor and materials shall be provided at the preferred customer (dlscoun1ed) rates fisted below, All carr pleted work shall be documented and approved by Bob Ettswold prior to invoicing against the blanket :II Jrchase order,. Preférred Straight Time Regular Overtime Customer Labor (M-F 8 AM to 5 PM) (M-F 5 PM to 8 AM, & Rates: exel. Holidays Sat) Speciallist $104.00 1.5X Meehan ic $77.00 1.5X Project Manager / $120.00 1.5X Engineer Sunday & Holiday 2:0 X 2.0 X 2.0 X APOGEE Control Products Rates: Discount of 60% list on standard catalog pric ir 9 except pr'oduct::s lista.d in the cat€llog wIth [he @ sign which are limited to a 40% discount. OutsIde f'urchases~ For use when calculating pricing of non-standard products In 9S and subcontractor mark-ups. SIEMENS COST $0,01 thru $15000 '" MUl. m~JJ;¡ß X 2.00 $151 .00 thru $500..00 '" X 1.76 $50100 thru $1,000,00 = X 1.,60 $1.000.00 thru $ and up = X 1.45 seller 296 - Palm City ii, ~nch By Bradley L. Ayres TitlQ Sales Engineer Date 11/07/05 This proposal Is Yalid for ~ ~J days Page __-1-- of Net Price.'. $ 25,000 (Blanl<et Purchase Order) Twenty-five thousand _ DOL J~HS The Telms and Çonditlons of Sale shown on the attacf7sd are a part h~MC If Proposal Accepted: Siemens Building TechnQlogies, Jne, is authorized to proceed with the work as proposed. Proposal Submitted: Siemens Building Technologies, Inc. Landis Branch Network Purchaser By TJtle Date 2 , No If, ì. 2005 11: 52 AiJ l1'!:!1I L!:!!:!Cl .12: Cl!:! ~2237130 SIEMENS BLDG TECH ,II^ 2990 ...I p. 6 rHl:J"- 03/03 SIEMENS TERMS AND CONDITIONS OF SALE (ContrQct Sales) REMITTANCES Allln\lOlC8s sl1:;:1I1 bEl due and payablQ Upon recolpt In UnIted States currency, frøli! of øxch¡¡n )~, or any other charl/@s, or :!IS olhl!lWise agreed upon and Sét forth in wribng by Siemens BUilding Teonnoloele8, 11'10, (hereinafter c:alleil 'Seller"). The Customer. if SO æquested agmM to furnIsh Seller with illIlnformation Indudlng flnanclal statQmQnts. n~CI!ssary to makg a po' ¡er credit apprelsal. Rifu6al to supply.lnformatlon ma)·· «JUs(! this pro)ClsaI to be withdrawn, Terms Df payment originally gramed are subject :eo the approval or continued credit g,tatu9, Prices. are 5aJbj,?ct to ~Drrection for Qrrcr.. 2. PROPOSALS PropCl~<lls iJrQ bBsed upon stralght-Ume labor, Any 1'êquest by the Customer lot overtime work !!/1 ~II be considered an extra, This pfOpo!t1'J1 a:cpiM!l3n d~,,!I :oft!!r II:", d::l¡"', !I\JbJ"ct to th~ provisions of tha first sentence of the para¡¡raph below en UI eel "Acceplance of Terms,,' 3. PROGRESS PAYMENTS Seller re5erves the right to invoice Customer monthly as the worn progre¡;ses, for 031 n¡alerials delivered to thaJob slle or to an off-site faciII",r and for all work performed on-,slta and off-sile. Engineering, drafting and other mJt ili:Ultìon cost9 incurred prior to In~tall;llo1\ shell be Inoruded In i;eüenl Ini~al invoice and be equal to fifteen perœnt (15%) of the contract prlœ_ Iwo!oos are due upon receipt by Customer. rr the Cuslnmer becomes overdue In any progress payment. Seller shall be entitled to suspend w)r (, shall be entitled to Imsrest at the aMual rate of 18% or the maximum permitted by the Slate of illinoIs: and ¡¡Iso 10 ¡¡vallllself of any other le_, I remedies, Seller ehall also be entitled 10 interest on all amounts rnlall"led by Customer from progress payments or othe¡wge. CustDm~ r agrees that he will pay >.Ind/or reimburse Seller ror an', and all reasonable attorneys fees which are inwrrnd by Seller In the collection of amounfö '~ue and payable hereunder" 4, CANC!!LLA'TION AND SUSP£:NSION Any c:ontrnet resultlng from !hõ<' propO&81 is ~lJbjact 10 otIncellellion or in,t ,,'¡lions to slJspend work by the customer only upon ag"oomenl 10 pay Seller adjustment charge, 5. TAXES Tho :lITIOlJnt 0/ any fulure E:!IleB, UEe. occup::lncy. ".cl"", or other /.:Ix, federal, otütc. or 10001 "'l"IiOI'l :¡<lle'r h<:rcBft"r :shell be oblJ~sted legally to pay, either on Its own behalf of the Cuetomer or otherwise. with respect to the materlQI cowrøa by thlll r 'rq)osal. ~hell be added to such prlcas and paid by the Customer. 6. LOSS, DAMAGE OR I)ELAY Seller shall not be liable for any loss, damQge, or dglay occasioned by anI (:SIJSe!I beyond Seller's control, Including, but nOI limited to, governmental actions or orders, embargoes, strikes, differences with worklnlln, III'8S, "oods, accidents, or transportation delays. N NO EVENT SHALL SELLER BE UABLE FOR ANY CONSEQU¡;;NTlAL'OR SPECIAL DA.MAGES., 7, WARRANTY Seller w~rrant$ th:i:It!tle equipment manufactured and servlc:es fvmisl1ed by it and covered by thi¡ ~ reposal ar\1 free from aefects in material and workmanship under normal USQ ind l@rvlCGI and, without oh;rge, eQuipment fOllnd 10 ba sa de1i'>ctl/~ Irl materiel or workmanship will be repelred or replaced, Ir wrItten notice of t¡lIure Is reœl>led by 5eller Wllhln onø (1) year after date of instslla:.ic 1, provl¡e¡ sala Ð/¡ulpmer¡t has Deen operated In ao::ordance witl1 SaUer's instrudions and prov¡ded such clefects are not due 10 abuse. fire 01 dE>compcsltion by chemic;¡¡1 or galvanic .;¡ction. THI,5 EXPRESS WARRANTY IS .IN LIEU OF AND EXCLuDES ALL OTHER WAF;RANTIES, GUARANTE~S, OR REPRESENTATIONS, EXPRESS OR IMPLIED. THERE ARE NO IMPUED WARRANTIES OF MSRCHANTJ.!3IL1TY OR OF FITNESS FOR A PARTICULAR PURPOSE. Seller assumes no responsibility for repairs made on Seller's equipment tJnl~ss done by SeJler's aulhori:!ed personnel. or by written aulhorl~1 from Seller, Seller makes no guarantee with respect to material not manurnctJr!d by It 8, PURCHASE:R'S REMEDIES The Customer's remedies with respect to equipment found to be defective in rn~~'rial or workmanship shall be limit~ e1lclusivefy to the right of mpair or replacement of such defgcdva equipment. IN NO EVENT SHALL SHU>:R BE LIABLE FOR CLAIMS (BASED UPON BREA-:;H OF IMPLIED WARRANTY) FOR ANY OTHER DAMAGES, WH6THER DIRECT, MMeDIAT&:, FORESeI'!.ASL,e;, CONSEQUENTIAL, O~1 SPËCIAL OR FOR ANY r;xÞ!!!NSe;S INCURReD BY RE:ASON OF THE USE OR M S USE OF EQUIPM",NT WHICH DOES OR DOES NOT CONFORM TO THE TERMS AND CONDITIONS OF ANY CONTRACT RESULTING FF C M THIS PROPOSAL 9, PATENT INFRINGe:ME:!NT Seller will hold l!å Custome~ end the Owner h2lrml~s from infrIngement or afY Unj[e{ Stdtæ; patent covenng equipment of its manulm¡tum. This" of necessity, is límited 10 the equipment per sa and cannot be exlend!ld to J¡ pllcations of SlJcl1 equipment in a system, except in W:1ting by an oftIcør of Seller The CUstomer and Owner shall adllise Seller immedi¡Þtl)' In the evant any claims of infringement are brought to Ihelr attention, 10" GOVERNING LAW Ary contract rESulllng from this proposal shall be goveme<r by, construed.. and enforced Ir ,c(;ord>.lnœ wiltl th€ laws of the Slate of Illinois, 11" C5RTIFICATION The person whose signature >.Ippears on the attached hereof hereby certifies that, to his ~ est knowfedge and beRef. !he armexed bid is not the resul! of any agreement. ammgement or l.II1derstanding betwÐen Ihe Seller and anI (It~ler manufach.trer or seller of automatic lamparature ,:omro' s!/slems and that tM prices. terms or conditions thereof have not been commun/I:ç!' ~J by or on behalf of Ihe Seiler to any such pereon and will not be communicated to any such pen;on prior to the official opening of said bid" 12. ACC"PTANC~ OF' TERMS This proposal shail become a binding contract between Ihe Customer end Sell!:r '1\ h~m acç¡¡p!ed In wrlUng by Ihi Customer. Such ac;œplance shalT be wilt! mutual understanding thaI the terms and conditions 01 this proposal a e a part 1hereof with the Same effect as though signed by both parties named herein and shall prevail over any Inconsistent provision of said onle' No waiver, alterallon, or modflC<I~on 01 lI1e terms and conditions Qn this and the attached hereof snail be blndln~ ;rJeg", in writing and signed by an authorized reprms"n[,¡tlvlI o( ~¡el1er, Pagf: _-L- of 2 ITEM NO.~ DATE: 11/22/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Solid Waste Division Leo J. Cordeiro. Solid Waste Director SUBJECT: Staff requests the Board adopt Budget Resolution 05-416 to establish the budget for the 2005-2006 Innovative Waste Reduction and Recycling Grant. BACKGROUND: The 2005-2006 Innovative Waste Reduction and Recycling Grant provides funds to partially fund the purchase of custom manufactured equipment that separates the gypsum from its paper facing yielding marketable gypsum. FUNDS AVAilABLE: See attached Budget Resolution 05-416. PREVIOUS ACTION: 11/9/04 Board approved acceptance of Grant RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 05-416 to establish the budget for the 2005-2006 Innovative Waste Reduction and Recycling Grant. COMMISSION ACTION: ()O APPROVED () DENIED ( ) OTHER NDERSON Approved 5-0 TY ADMINISTRATOR E: County Attorney (Ý:) Originating Dept. ( ) /J/ Coordination/Slanatures Mgt. & Budget (X~ Other ( ) Purchasing ( ) d/ Other ( ) Finance: (check for copy, only if applicable) - '-'" RESOLUTION NO. 05-416 ....., WHEREAS, sul:>sequent to the adoption of the SI. Lucie County Board of County Commissioners I:>udget for SI. Lucie County, certain funds not anticipated at the time of adoption of the I:>udget have I:>ecome availal:>le from the Florida Department of Environmental Protection 2005-2006 Innovative Waste Reduction and Recycling Grant in the amount of $200,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED I:>y the Board of County Commissioners of SI. Lucie County, Florida, in meeting asseml:>led this 22nd day of Noveml:>er, 2005, pursuant to Section 129.06 (d), Florida Statutes, that such funds are herel:>y appropriated for the fiscal year 2005-2006, and the County's I:>udget is herel:>y amended as follows: REVENUE 401227 -3410-334391-300 Dept of Env Prot Phys Env $200,000 APPROPRIATIONS 401227-3410-563000-300 Improvements OfT Bldgs $200,000 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward, Chairperson Commissioner Chris Craft, Vice Chairperson Commissioner Frannie Hutchinson Commissioner Paula A. Lewis Commissioner Joseph E. Smith xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 22nd DAY OF NOVEMBER, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO.~ AGENDA REQUEST DATE: 11/22105 REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) . TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Solid Waste Division Leo J. Cordeiro. Solid Waste Manaaer SUBJECT: Staff request the Board approve the proposal from CDM for engineering services to assist S1. Lucie County with the installation of the first layer of horizontal landfill gas collectors in Cell 3A for a lump sum of $93,000. BACKGROUND: See attached memorandum. FUNDS AVAilABLE: 401-3410-599300-300 Operating Reserves A Line to Line will be done moving funds to 401-3410-531000-3301 Professional Services - Phase III after Board approval PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the proposal from CDM for engineering services to assist S1. Lucie County with the installation of the first layer of horizontal landfill gas collectors in Cell 3A for a lump sum of $93,000. (~ APPROVED ( ) OTHER Approved 5-0 ( ) DENIED DO NDERSON COUNTY ADMINISTRATOR COMMISSION ACTION: County Attorney (X) Originating Dept. ( ) Finance: (check for copy, only if applicable) _ :J Purchasing ( ) Other ( ) 'wi PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM TO: FROM: Board of County Commissioners Leo J. Cordeiro ~. Solid Waste Oirector~ DATE: 11/2/05 RE: COM Proposal Cell 3A - Landfill Gas Horizontal Collectors The hurricanes of 2004 generated large volumes of storm debris in 81. Lucie County causing the Landfill to reach the elevation requiring installation of horizontal gas collection system much sooner than expected. COM's proposal includes installation of four rows of landfill gas collection piping within the Cell 3A. The gas collection system will be connected to a proposed header system located around the perimeter of the landfill at a future date. Please call if you have any questions. '-' ..." ST. LUCIE COUNTY SOLID WASTE MANAGEMENT AGREEMENT FOR PROFESSIONAL SERVICES I. PROTECT DESCRIPTION Construction services assisting SLC with expansion of the landfill gas collection system. II. SCOPE OF SERVICES Reference is made to the attached Scope of Work and the "Agreement for Professional Services" dated April 11, 2000. III. CONSULTING ENGINEER INSURANCE REQUIREMENTS A. Professional Liability Insurance with limits of liability no less than one million dollars ($1,000,000) per occurrence. B. Worker's Compensation Insurance in accordance with Florida Statutes. C. Employer's Liability with minimum limits of one hundred thousand dollars ($100,000) each accident. D. Comprehensive General Liability with a minimum limit of five hundred thousand dollars ($500,000) combined single limit for Bodily Injury and Property Damage. N. COMPENSATION FOR SERVICES Compensation for services shall be as follows in accordance with the "Agreement for Professional Services" dated April 11, 2000. TASK FEE/TYPE Construction Services $93,000 (Lump Sum) 1 mh2251.doc """ WITNESS: WITNESS: 4~ ~ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney CAMP DRESSER & McKEE INC. 2 mh2251.doc '-' ...".¡ ATTACHMENT A SCOPE OF WORK ST. LUCIE COUNTY GLADES CUT-OFF ROAD LANDFILL LANDFILL GAS COLLECTION SYSTEM EXPANSION BACKGROUND Hurricanes Frances and Jeanne have generated large volumes of storm debris in St. Lucie County (SLC), resulting in a sudden and unanticipated influx of storm-related debris at the landfill. This influx of debris has caused the landfill to reach the elevation requiring installation of the horizontal gas collection (HGC) system much sooner than expected. This accelerated filling of the landfill requires that the HGC be installed sooner than the normal procurement process will permit. CDM will install four rows of landfill gas collection piping within the Cell3A cell as designated on the draft design plans prepared by CDM, dated October 2004. The landfill gas collection system will be connected to a proposed header system located around the perimeter of the landfill at a later date. CDM will coordinate with SLC staff in the baling placement activities to facilitate creation of a trench between placed bales. CDM will install filter fabric in the trench. CDM will then install tire chips for pipe bedding and the gas collection system consisting of the 6-inch HDPE perforated piping. The gas collection system will then be backfilled to 1 foot above the pipe with tire chips and the filter fabric wrapped over the top. Solid 6-inch HDPE pipe will be utilized at the eastern end of the cell to facilitate connection to a future extraction header system. The trench created will þe filled with tire chips to allow baling placement operations to resume. ASSUMPTIONS, EXCLUSIONS, AND CLARIFICATIONS The price is based on the following assumptions: · Field work can be completed in coordination with cell baling placement operations. · No allowance has been made for erosion/ sedimentation control and dust control. · The gas collection system will be backfilled with tire chips. No allowance has been made for cover soil and/ or seeding of trenches. · SLC is supplying the tire chips. · Any excess materials removed during the trench formulation! excavation will be relocated to another section of the landfill by SLC. · No allowance has been made for the excavation of large pieces of debris, such as tree stumps etc. · Cost is based on a standard 40-hour work week, Monday through Friday. A-l mh2251 doc ~ ",*,' SCHEDULE CDM anticipates the construction of the HGC wil1 take 1 month. This schedule, however, will be irúluenced by the SLC's schedule for filling and operating the Cell 3A area. A-2 mh2251.doc - - " '-' AGENDA REOUEST ITEM NO. ~ DATE: November 22, 2005 REGULð.R [ ] PUBUC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMmED BY (DEPT): PUBUC SAFETY JACK T. SOUTHARD PUBUC SAFETY DIRECTOR SUBJECT: To elicit the support of Senator Pruitt in the passage of a bill to amend Florida Statute 252.373 as it reads on the Emergency Management and Preparedness Trust Fund (EMPATF) BACKGROUND : Since 1993, Florida Statute 252.373 has allowed a surcharge on Homeowners policies in the state at $2 and Commercial policies at $4 to help fund emergency management programs and competitive grants at the state and local levels. This bill is asking for an increase in the surcharge amount to be $4 on homeowner's policies and $8 on commercial policies. This has become necessary due to the increased cost of emergency management functions with an increase in population growth and age of that population. This bill would allow extra funds to be used for emergency operations center construction and special needs shelter improvements. (See attached memorandum and backup) FONDS WILL BE AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board of County Commissioners approve to elicit the support of Senator Pruitt in the passage of the bill to amend FL Statute 252.373. COMMISSION ACnON: LX] APPROVED [] DENIED [ ] OTHER: Approved 5-0 D uglas Anderson County Administrator Review and Approvals Management & Budget Purchasing: Or1g1nat1ng De . ' Other: Other: '-' -...I BOARD OF COUNTY COMMISSIONERS 0'. .~t=ert=1ì[~""". ..'.. COUNTY '\. FLORIDA DEPARTMENT OF PUBLIC SAFETY JACK T, SOUTHARD DIREGOR CAROLYN Dill-COLLIER - 911 COORDINATOR DONALD DANIELS - EMERGENCY MANAGEMENT COORDINATOR CHARLES T. CHRISTOPHER - RADIOLOGICAL COORDINATOR KAREN TAYLOR - ANIMAL CONTROL COORDINATOR ANDREW RITCHIE - MARINE SAFETY COORDINATOR To : Douglas Anderson, County Administrator From: Donald Daniels, Emergency Management Coordinator Date: November 1, 2005 Re: Support for Bill to Amend Florida Statute 252.373 Some of our Emergency Management colleagues asked Jack Southard and I to help elicit the support of Senator Pruitt in the passage of a bill to amend Fl Statute 252 as it reads on the Emergency Management and Preparedness Assistance Trust Fund (EMPATF) surcharge amount. Your assistance in this matter would be greatly appreciated. I have attached back up paperwork on this matter and will summarize the intent of the bill. Since 1993, Florida Statute 252 has allowed a surcharge on Homeowner's policies in the state at $2 and Commercial policies at $4 to help fund emergency management programs and competitive grants at the state and local levels. This bill is asking for an increase in the surcharge amount to be $4 on homeowner's policies and $8 on commercial policies. This has become necessary due to the increased cost of emergency management functions with an increase in population growth and age of that population. Add to this the cost of maintenance and planning with Homeland Security issues and equipment. This bill would allow extra funds to be used for emergency operations center construction and special needs shelter improvements. 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 Counry Administrator - Douglas M. Anderson 101 Norrh Rock Rood· Forr Pierce, Florida 34945-3438 Phone (772) 462-1736 - Public Safety Office. (772) 465-5770 - 911 Office Line . (772) 461-5201 - Emergency Management Phone (772) 461-6496 - Radiological . (772) 462-2355 - Marine Safety . (772) 461-6177 - Animal Control '-' '..I Generator funding would also be provided for special needs shelter's along with generator power capacity for local water and sewer utility system emergencies after a hurricane or other disaster. Currently we are losing funds on the present method of assessing surcharges on insurance policies. Not every policy is charged due to the fact some people insure their property under a policy where they live out of state or sites with multiple units are insured under one policy thereby canceling out other surcharges. This would change how the system works to include all units of property individually. Passage of this bill would help the State of Florida remain a leader in planning for the needs of its citizens in time of disaster and will provide much needed funding to local governments and response agencies. CC: Jack Southard, Public Safety Director '-' .....,¡ FEPA Florida Emergency Preparedness Association 3015 Shannon Lakes North I Suite 303 Tallahassee, FL 32308 "Serving Emergency Preparedness in Florida Since 1956" September 12, 2005 Dear Honorable Senator/Representative: The 2004 Hurricane Season placed Florida under a state of unprecedented catastrophe. Four hurricanes over a six-week period placed most of Florida's population and property at risk to devastation unseen in the State's history. The 2005 Hurricane Season Is proving to be increasingly actiVe with twenty-one named storms and the landfall of Hurricane Dennis and the devastation produced of Hurricane Katrina and Rita. Florida's Emergency Management community has performed well responding to these disasters and providing assistance to our neighbors in Mississippi in their time of need. To continue this effort in light of our growing population and property at risk to all hazards, the Florida Emergency Preparedness Association (FEPA) requests your favorable support of the following initiatiVes: · Support legislation In 2006 to Increase the Emergency Management Preparedness Assistance Trust Fund (EMPATF) surchargelfee to $4.00 on residential Insurance policies and $8.00 on commerclallnaurance policies · Support the Special Needs Shelter Legislative package · Support Special Risk Retirement for Emergency Management Directors FEPA deeply appreciates the Legislature's past support of the Emergency Management Preparedness and Assistance Trust Fund. This fund has been a cornerstone for Florida's ability to build and maintain the emergency management system that effectively dealt with the four hurricanes of 2004 and the devastating hurricanes of 2005. We would be grateful for your support on legislation to increase the EMPATF surcharge/fee. Members of the Florida Emergency Preparedness Association have met with the Florida Insurance Council, Florida Association of Counties, League of Cities and the Department of Community Affairs to gain their support on the surchargeJfee increase. The Florida Emergency Preparedness Association is the statewide professional association representing nearly 600 emergency management and affiliated specialty members throughout Florida. The Florida Emergency Preparedness Association will be celebrating its 501h Anniversary in 2006. Please contact me with any questions on this issue or if your schedule permits to set up a date and time to discuss the increase, at 9Q4..824-5550. Thank you for your consideration. Re!pectfully, Linda M. Stoughton, President Florida Emergency Preparedness Association '-' .."" FEPA Florida Emergency Preparedness Association 3015 Shannon Lakes North I Suite 303 Tallahassee, FL 32308 "Serving Emergency Preparedness in Florida Since 1956" Issue: Florida's emergency management community cannot continue to meet the challenges of managing disasters in the 21st Century with a fee structure based on funding levels established in the 20th Century. Ba~kground: florida's ability to provide emergency management service level to Its current and future customer base faces several Insurmountable obstacles. First, the State/s population continues to grow rapidly, placing ever more lives and property are at risk to all the hazards that Florida faces. This population grows older and requires more resources to deal with that reality. Nowhere Is this more evident than in the arena of special needs, those medically infirmed and handicapped that need more shelter space, special equipment and medically qualified resources to house and manage their requirements during emergency and disasters. The growing numbers of baby boomers also retiring here expect quicker, visible and more comprehensive services when disaster strikes, than previous generations of Aoridlans. This reality became apparent during both the 2004 and 2005 Hurricane Seasons when Florida came under a state of tropical siege. This elevation in service levels will require the emergency management leadership to adapt current plans and response programs and create a new "level of readinessll. As a result, more communities may have to rely on costly emergency power resources to maintain certain critical services (water, sewer) until normal power can be restored. More hurricane and special need shelters built to safe standards are needed to handle the growing numbers at risk. A more sophisticated logistical resource base is necessary to assure that food, water and Ice are delivered quicker than ever before to more people with these higher service level expectations. Communication, security and hardening improvements to emergency operation centers (EOCs) statewide are needed to assure quick and effective coordination of response and relief resources. Add to this the burden of maintaining the response capability for terrorist or weapons of mass destruction events. Since the September 11 attacks, Florida has received and spent millions of dollars in federal funds on developing its domestic security strategy. This includes planning, training and equipment expenditures, some of which needs to be updated, refreshed or replaced when their shelf life expires. Unfortunately, current funding levels budgeted to emergency management does not account for the burden of sustaining this strategy after the federal funds creating it dry up. What Is the Statels principal funding source for state and local emergency management programs? It Is the Emergency Management Preparedness and Assistance Trust Fund. Born out of Hurricane Andrew's and the 1993 Storm of the Century's aftermath and administered by the Florida Department of Community Affairs, this fund Is an insurance surcharge/fee set at $2 per homeowner insurance policy and $4 on certain business property-related policies to be paid by the policy holders. Unfortunately, this funding source has not kept pace with Florida's growing population and property at risk to all hazards. Table I on the Exhibit Page illustrates this point. The 1 \w ...., numbers presented suggest that the relative, if not the absolute, amount of funding earmarked for emergency management decreased compared to the population served. Why hasn't the trust fund dollars growth rate match that of the rising number of residential and commercial units built? A principal reason lies in that not every new home or commercial property built represents a new insurance policy, as illustrated in Table II on the Exhibit Page. This table compares the three most recent years of population growth, trust dollars generated and number of commercial and residential insurance policies reported to the Aorida Department of Revenue. It shows that while population increased, the number of insurance policies remained relatively the same. Reasons why the number of policies may not be keeping pace with Florida's growth rate are also listed on this page. Whatever the cause, funding levels have stagnated and are not enough to sustain the new readiness level expected by Florida's growing and more demanding population. Proposed SOlutions: Support the following legislative changes to Chapter 252, Aorida Statutes: 1. Increase the insurance surcharge or fee on residential and commercial properties to $4 and $8 dollars to address the reality of addressing 21st Century challenges of disaster impact upon Floridians. Funding would be used to: o Increase the Base Grant portion of the Trust Fund to local governments to cover the new "level of readiness" structure as defined by the items listed below o Improve state and local public outreach and education programs before disasters occur o Update state and local planning, training and exercise programs that sustain current competency levels o Fund additional emergency power capabilities to restore or maintain key infrastructure (water and sewer) until power Is restored o Develop and maintain special need facilities meeting current design space and air conditioning standards o Develop logistic facilities such as points or distribution and staging areas meeting state standards o Develop/maintain basic supply caches that can be dispatched within 12 hours to areas without power and disrupted water supplies. Estimated costs of these improvement costs are listed on the Exhibit Pages 2_ Apply the surcharge/fee to the residential/commercial unit insured rather than the Insurance policy Itself. this would capture new growth accurately and account for revenue lost due to multiple units covered by one polley. 3. Allow a certain percentage of the fee increase for use in financing necessary capital projects such as emergency operation center (eOC) improvements, special need shelter renovations, and Improvements to fixed sites used to distribute food, water and ice. 4. Add language to the statute that allows carry over of funds to cover certain identified capital Improvement projects. This would allow emergency management programs to allocate funding over a longer period of time to fund or leverage matching funds for high cost capital Improvements such as emergency operation center (eoe) improvements. 2 ~ ...", EXHIBIT PAGES Table I Year State EMPA other Funding EMPA per Population (Millions) Funds * Per Capita (Millions) (Millions) CaDita 1994 13.9 $12.4 $8.5 $1.50 $.89 1995 14.2 $14.4 $8.7 $1.63 $1.01 1996 14.4 $14.6 $9.9 $1.69 $1.01 1997 14.7 $12.9 $9.6 $1.54 $.88 1998 14.9 $13.8 $9.6 $1.58 $.92 1999 15.1 $12.5 $11.0 $1.56 $.82 2000 15.9 $13.1 $11.1 $1.52 $.82 2001 16.3 $13.1 $11.2 $1.49 $.80 2002 16.7 $13.3 $11.2 $1.47 $.80 2003 17.1 $14.2 $11.2 $1.49 $.83 2004 17.5 $14.2 $11.2 $1.45 $.81 Table II State EMPA Resid. Year Population EMPA Per Policies (Millions) Reported (Millions) Capita Millions 2002 16.7 .80 5.990 2003 17.1 .83 5.826 2004 17.5 14.2 11.2 1.45 .81 .604 6.005 6.609 * Other Funds includes federal grant dollars earmarked for emergency management and the State hazardous material funding generated from Chapter 252, p¡:¡rt II. It does not include Homeland Security funding set asIde for emergency management Reasons why Insurance Policies have not kept pace with increased growth ¡--------------------------------------.---------------------------------------~---·--------ì I ' : . Out of state policy holders covering Florida property by out-of-state Insurance : : companies : , ' : . Florida residents purchasing second homes insuring property under one policy rather : : than separate policies : : . Increased uninsured parcels either because people can or have to bear risk : I b I I themselves or ecause they cannot obtain affordable insurance I I I : . Consolidation of multiple policies/units into a single policy : : . Reduction of existing commercial and residential property base due to deterioration, : : condemnation and destruction of residential properties depressing the overall rate of : , I : number of units : I . Rezoning of commercial and residential properties to other insured uses or polices : subject to the Trust Fund surcharge : . Insurance companies in Florida either choosing not to write policies on new : development or placing quotas on how many new Insurance policies they write : Source: Florida Department of Revenue : , I I ______________________.______________~__________________________________~_______________~__J 3 ~ ...",,¡ Estimated Project Improvement Costs · Full-scale exercise for weapons of mass destruction (WMD) or Continuity of Operations Plan (COOP): $9,500 - $100,000, depending on community size and personnel cost for overtime and backfill · Planning costs to development and maintain additional local, regional and state level all- hazard plans: $38,000 - $72,000. (temporary housing plan, logistic support plan, emergency fuel plan, catastrophic mass casualty Incident response plan, hospital surge capacity plan, NIMS compliance of current local emergency plans) · Wind protection and/or flood proofing of key public facilities to ensure continued government operations following a catastrophic disaster: $75,000 - $150,000 annualized over specified number of years · On site Emergency Generator for Special Needs Shelter to cover AC needs of evacuees or backup power to regular shelter facility: $48,000 - $60,000 per unit · Portable emergency Generator to maintain water well field or sewer lift station: $10,000 - $16,000 per unit · logistic Support for Response o Development of Type I logistical Staging Area Sites (seven, one per DEM Area): TBD o Development of Type II Logistical Staging Area Sites (67, one per county): TBD o Maintaining base camp facility facilities for non self sustaining mutual aid resources following a catastrophic disaster. · Type I (1000 persons) - $90 per person per day (30 days) · Type II (500 persons) - $99 per person per day (30 days) · Type III (250 persons) - $114 per person per day (30 days) o Point of distribution (POD) Package (forklift, 2 pallet jacks, light tower unit tent, sun shades and fan) through lease for sights where federal and state food water and Ice distribution will be carried out: · Emergency Operation Center Improvements o Communication (video downlink, video conferenclng, reverse 911 communication, mobile satellite phone/data): $10,000 - $90,000 o Security (surveillance, equipment, fencing, traffic barriers): $20,000 - $30,000 o Hardening ($350 - $400 per square foot X the size of facility or improvement) o Personnel Accountability System: $28,000 - $150,000. 4 Do~ldþaJ1iels .~A~illto be . er"·'ed. gMPA Draft five.doc Page 1 ..",,¡ A bill to be entitled An act relating to the enhancing oflocal emergency management; proYide increased funding to local Emergency Management Programs, prmide allocation of funds, proYide collection of funds, pro,ide a competiti..-e grant program, proYiding a Capital Project Program, prmiding an eft'ectiye date. Be It Enacted by the Legislature of the State of Florida: Section l. Section 252.372, Florida Statutes, to be amended to read: 252.372 Imposition and collection of surcharge. -In order to proyide funds for emergency management, preparedness, and assistance, an annual surcharge of ~ $4 per policy shall be imposed on every homeowner's, mobile home owner's, tenant homeowner's and condominium unit owner's insurance policy, and an annual $4 $8 surcharge shall be imposed on every commercial fire, commercial multiple peril, and business owner's property insurance policy, issued or renewed on or after May 1, 2006. The surcharge shall be paid by the policyholder to the insurer. The insurer shall collect the surcharge and remit it to the Department of Revenue, which shall collect, administer, andit, and enforce the surcharge pursuant to s.624.5092. The surcharge is not to be considered premiums of the insurer; however, nonpayment of the surcharge by the insured may be a yalid reason for cancellation of the policy. For those policies in which the surplus lines ta.'\: and the senice fee are collected and remitted to the Surplus Lines Senice Office, as created under s.626.921, the surcharge must be remitted to the service office at the same time as the surplus lines ta.'\: is remitted. All penalties for failure to remit the surplus lines ta.'\: and sen-ice fee are applicable for those surcharges required to be remitted to the sen-ice office. The sen -ice office shall deposit all surcharges that it collects into the Emergency Management, Preparedness, and Assistance Trust Fund at least mon~. All proceeds of the surcharge shall be deposited in the Emergency Management, Preparedness, and Assistance Trust Fund and may not be used to supplant existing funding. Section 2. Section 252.373, Florida Statues, to be amended to read, Allocation offunds; rules.- (1) (a) Funds appropriated from the Emergency Management, Preparedness, and Assistance Trust Fund shall be allocated by the Department of Community Affairs for the following purposes: l. To implement and administer state and local emergency management programs, including administration, training and operations. 2. For grants and loans to state or regional agencies, local governments, and priyate not for profit organizations to implement projects that will further state and local emergency management objecti..-es. These projects must include, but ,.~_,^,~,,-·..¿..o.,,-.~_.._;._c¿,.....· .__..... ,._._._,...~~~._. _ .=....;.:-"'~c........,,,....~,-.~·,___~..." ,'""",.......,""_,;.,~_._..'-. ',;. "."__" ~ ...._... .. __.+_~.,c ~. Dooold Daniels - A bill to be er''''ed EMPA Draftfive.doc Page 2 .."J need not be limited to, projects that will promote public education on disaster preparedness and recovery issues, enhance coordination of relief efforts of statewide pm-ate sector organizations, and improve the training and operations capabilities of agencies assigned lead or support responsibilities in the state comprehensive emergency management plan, including the State Fire Marshal's Office for coordinating the Flerida fIFe serÙees. The dhision shall establish criteria and procedures for competitive allocation of these funds by rule. The di,ision shall establish criteria and procedures for competith-e allocation of these funds by rule. No more than 5 percent of any award made pursuant to this subparagraph may be used for administrath'e expenses. This competitive criteria must give priority consideration to hurricane evacuation shelter retrofit projects. 3. To meet any matching requirements imposed as a condition ofrecei:\'ing federal disaster relief assistance. 4. The department shall allocate funds from the Emergency Management, Preparedness, and Assistance Trust Fund to local emergency management agencies and programs pursuant to criteria specified in rule. Such rules shall include, but are not limited to: (a) Requiring that, at a minimum, a local emergency management agency either: (1) Have a program director who works at least 40 hours a week in the capacity; or ~ If the ceamy has fewer that 75,QOO popalatiøn of is party to an interjarisåietional emergeney managemønt agreement catered iRto paffmant to s. 252.38 (3) (b), that is reeognizeå by the G0'.-emer by cXi)catiyo order or rule, haye an emergeftey management coordinator ,..-he v;orks at least 20 hear week in that eopacity. (b) Specifying a formula that establishes a base grant allocation and weighted factors for funds to be allocated over the base grant amount (c) Specifying match requirements (d) Preferential funding to proYide incentives to counties and municipalities to participate in mutual aid agreements. ill Specif,ing a formula bv rule that establishes a Capital Proiect Program for County!lVlunicipality Emergency Management Programs that includes a match requirement from local gO'lernment for projects including but not limited to ill Emergency Operations Centers (EOC) Construction/or E'ù1ancement ill Generators ill Shelter Enhancement 5. If adequate funds are available as determined by the di,ision, every county shall receive funds at least sufficient to fund a dedicated, full-time emergency ---'"- ...""... "_~,...-,,..·c~_-,.~,c.. .' <.____._,..~_~c...''''-."._. , __. .-:_.,,",^oC..,,~_._ _..~"_". .,._.....c___.._ . ,..,..,,--,~....."._,,~.-:,___, '- Donald Daniels - A bill to be e,..·..·~d EMPA Draft five.doc Page 3 preparedness officer position and additional funds. as mailable. shall be proYided to each County (0 ill Eyel'\' county should recée funding (0 address local disaster preparedness and recoyet'\' issues includin2 post disaster logistics. special needs. planning and response to long term electrical outm!cs: to enhance coordination of local relief efforts. temporary housing plans lli1d debris management plans lli1d to imprOìe thc traininJ? and opcrations capabilities of agencies assigned lead or sUPpoli responsibilities in the local Comprehensiye Emergency Management Plan. Section 3. 252.374 Adjustment ofIncrease of Surcharge: ill (a) This percentagc increase shall be re\'Ïewed for adjustment eyel'\' fiye Years. Section 4. This act shall take effect upon becoming Imy. _'->_"'~'_.,_....._. _c'_·__~..?,",~L.._.. =_._._....._. _<~. .._~_ ~.. ~'.o_ . ""'. ~'"''''''''_''' _.___.~_",,, _.".. ._._. _......_.,._.._.,.:..;_~,.~,_.._. . .'-'-,_,.....-"-~~·'H· ...~_,__~...,.__.~. >___"'_·~..b'-'"."..,"" _',,~ _.c,"",.,.. ",,,'.-. ~ ,-, / '1'< . ," L ~ .::-..:- .....:f/\/.l!-....-t--'''--- .."J /1 .:-t-.", -¡ j ~;.7 f(';v·'. ."-~~-~ (_, V\~~.-? C ~ ~"~ DEPARTMENT OF REVENUE DEPARTMENT OF REVENUE T ALLA HASSEE. FLORIDA 32399·0100 JIM ZINGALE EXECUTIVE DJRECTO~ July 28, 2005 The Honorable Michael S. Bennett Senator, District 21 Room 216, Senate Officc Building 404 S. Monroe St. Tallahassee, Florida 32399-1100 Dear Senator Bennett: Your letter of June 23,2005, requests infonnation on the Emergency Management, Preparedness and Assistance (EMP A) Trust Fund. Below is a schedule of distributions for the EMP A Trust Fund since its inception. The fiscal year distribution numbers for 1994-95 and 1995-96 reflect an over-distribution of $3.7 million that was corrected in 1996. Since 1997, distributions have remained relatively flat. Calendar Year 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Surcharge Distributions ($ Million) 12.4* 14.4· 14.5· 12.0· 13.8 12.5 13.1 12.0 13.3 14.2 13.3 'Note: Surcharge Distributions for 1993-1996 are based on state fiscal years, after 1996 distributions are those made for collections connected to the taxpayers' calendar years. Why the lack of gro'wth? Not every new house or commercial property built represents a new residential or commercial insurance policy and, therefore, a $2 or $4 increase in EMP A Trust Fund revenues. Several factors affect the growth rate of commercial and residential insurance policies, all of them reducing it: '-' ...,,¡ The Honorable Michael S. Bennett July 28, 2005 Page 2 I. Out-of-state policies covering Florida property: With the real estate boom of the last five to ten years, many new residences are purchased by out-of-state residents. Many of these are second homes and are insured by the same (out-of-state) company as the o\'.'llers' primary residence. Florida residents purchasing their second or third homes in Florida may be insuring all of the homes under one policy, instead of buying separate policies for each home. 2. Uninsured parcels: Some properties go uninsured as companies cancel policies, or people simply feel they can or have to bear the risk themselves, because they cannot obtain affordable insurance. 3. Consolidation of multiple policies into a single policy: Further exacerbating the disparity between the growth rate of policies and the growth rate of new housing is the consolidation of multiple policies into a single policy. If a condominium building with 100 units, each having its own policy, forms an owners' association and insures the building in its entirety with one policy, then the net change is a decrease of99 policies. 4. Destruction of commercial and residential improvements: Most new residential construction will add to the stock of residential properties. However, deterioration, condemnation, and destruction of residential properties depress the overall growth rate of the tax base. 5. Rezoning: A related issue involves the rezoning of properties. Some properties under commercial or residential policies in any year may be rezoned upon destruction of the improvement thereon and put to another use. New insurance policies upon the parcel, if any, may not fall within the specific categories of policies subject to the surcharge. With regard to revenue data, the Department plans to migrate Insurance Premium Tax from our mainframe application to our integrated tax system by February 2006. We anticipate an increase in efficiencies and enhanced reporting as a result of this conversion. I hope this information proves useful. If I may be of further assistance, please contact me. Sincerely, -cÞ JZ/cw cc: Linda Stoughton, President, FEP A - - "-' ..¡ ~ ~"~ DEPARTMENT OF REVENUE General Tax Administration Child Support Enforcement Property Tax Administration Administrative Services Information Services Jim Zingale Executive Director August 4, 2005 ~:~ Ms. Linda M. Stoughton President, Florida Emergency Preparedness Association St. Johns County Dept. of Emergency Management 4455 Avenue "An Suite 102 81. Augustine, FL 32095 Dear Ms. Stoughton: Per your email request, below are the current numbers of commercial and residential insurance policies for the applied calendar years 2002, 2003, and 2004. The following represents those numbers as reported to us by registered taxpayers: Policies Reoorted To DOR'" Commercial Policies Reported Residential Policies Reported Total 2002 555,129 5.990.245 6,545,374 2003 544,640 5.826.102 6,370,742 2004 604,211 6.004.969 6,609,180 Because these numbers represent a snapshot of policies reported to us, amended tax returns could change these numbers. Therefore, the number of policies reported is subject to change. If you would like further information, please contact Tony Hernandez at 488-4328. ~~~ Inspector General * Source: Schedule 16 data trom the DR-908 Insurance Premium Tax Return KD/ah Tallahassee, Florida 3:2399-0100 ... AGENDA REQUEST r~ NO. C-9A DATE: November 22, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Community Services ~~ SUB1ECT: Jody B9 et, ssistant Director Request for Board approval and authoriza Cha~r to sign the grant extension to December 31, 2006 for the Florida Department of Transportation Urban Transit Joint Participation Agreement (JPA). BACKGROUND: The majority of the $470,140 grant was used to assist in multi-modal improvements at the Walton Road Annex and the remainder of the grant is earmarked for the transit art bench project. The extension will provide an additional year of time to complete the bench project. In some cases where the ground is sandy, concrete pads will have to be installed that could be used later to tie in shelters. If funds are available, shelters will be added to some of the bus stops and those within the Fort Pierce Redevelopment Area will receive shelters through another FDOT grant and Fort Pierce funds. FUNDS AVAILABLE: Account # 001289-4910-551200-6954 Urban Transit JPA and # 316-6420- 551200-6954 Community Pride (match) PREVIOUS ACTION: BOCC approved the first JPA on June 10,2003 and an amendment on August 17, 2004 to authorize the use of funds toward the Walton Road Annex and transit art bench projects. RECOMMENDATION: Authorize the Chair to sign the grant extension with the Florida Department of Transportation Urban Transit Joint Participation Agreement (JP A). COMMISSION ACTION: !I APPROVED [] DENIED [] OTHER: Approved 5-0 - Douglas . Anderson County Administrator Review and APpro~ rrmlPA County Attorney: _j Management & Budget:, IIJv rJ'II "1 Purchasing:_ Originating Dept: Other: ~ Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 . ....... -...I COMMUNITY SERVICES MEMORANDUM #06-24 TO: FROM: Board of County Commissioners Jody Bonet, Assistant Director .1"~ :J FOOT Joint Participation Agreement Extension SUBJECT: DATE: November 14, 2005 The majority of the $470,140 Florida Department of Transportation Urban Transit grant was used to assist in multi-modal improvements at the Walton Road Annex and the remainder of the grant is earmarked for the transit art bench project. The extension will provide an additional year of time to complete the bench project as well as fix the drainage issue at the Walton Road Annex. Community Services requests the extension for the following reasons: . Due to an unresolved drainage issue at the Walton Road Annex, the bus stop has not been added to this site yet. Engineering designs have been completed and the construction work still needs to be completed. This will be completed as soon as funds are identified for the construction work. . Since the location where the artist works on the transit art benches was damaged during Hurricane Wilma, a new site has to be located to complete the art work on the second 50 benches. St. Lucie County will have all of these issues resolved and the benches installed by the new completion deadline of December 31,2006. Staff Recommendation: Staff recommends that the Board authorize the Chair to sign the Joint Participation Agreement extension. ~~ ~ \,~ Florida Department of Transportation ~::\'. ~ \.., í...w e-, .~- ";,~ ~ . . """" NOV 1 0 2005 JEB BUSH GOVERNOR OFFICE OF MODAL DEVELOPMENT 3400 West Commercial Boulevard Fort Lauderdale, FL 33309·3421 Phone: (954) 777-4490 Fax: (954) 677-7892 e.'~._~. It '\*.:;.'i"~. r.."H~".' ~ fi1r ,.;\00\ ,:"'-. tlf¡N,VER.,f..HUTLtR, JR., . '. '. šEêRETARY MEMORANDUM DATE: November 8, 2005 TO: Ms. Jody Bonet, Transit Manager St. Lucie County Board of County Commissioners Community Services Division 437 N. 7th Street Fort Pierce, Florida 34950 ,~ aÝ.Þ^ Nancy A. Ziegler, District Modal Development Administrat9f"}lt 00 FROM: SUBJECT: EXTENSION OF TIME-Joint Participation Agreement- Urban Capital- Improve Transit Infrastructure FMNo. 414946-1-94-01 Contract No. AN992 The time allotted for the completion of services on subject agreement dated Julv 14. 2003 and any supplementals thereto will expire on December 3]. 2005. In accordance with Section 18.00 ofthe Joint Participation Agreement, you may request a time extension. For your convenience, you may complete, sign, date and return this fonn to me. It is requested that the Joint Participation Agreement for the subject project be extended until December 31. 2006 for the following reason(s): (Use attachment ¡fnecessary) Agency: St. Lucie County BOCC Date: By: APPROVED: Title: Date: District Project Manager Date: www.dot.state.fl.us District Director Transportation Development OMD O....ICE OF MODAL DEvln..O""I!i:NT '-" BOARD OF COUNTY COMMISSIONERS G;;'jl~}..7;;,;tJ:\')\;':;::;¡,::'a'.i~J;<.!~·5?¡':~:'~'i51';:':'¡¡T"ð"';::'."4.';\'.~~~~'Jt,:; ~MMUNITY SERVICES DIVISION ~~~~M;¡;¡;'~ BETH RYDEr. DIREGOR November 22, 2005 Nancy A. Ziegler, District Modal Development Administrator Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 RE: Extension of Time - Joint Participation Agreement Urban Capital- Improve Transit Inrrastructure FMNo.414946-1-94-01 Contract No. AN992 Dear Ms. Ziegler, Please find the enclosed signed extension of time request form. The Board of County Commissioners authorized the Chair to sign it on November 22,2005. St. Lucie County requests the extension for the following reasons: . Due to an unresolved drainage issue at the Walton Road Annex, the bus stop has not been added to this site yet. Engineering designs have been completed and the construction work still needs to be completed. . Since the location where the artist works on the transit art benches was damaged during Hurricane Wilma, a new site has to be located to complete the art work on the second 50 benches. St. Lucie County will have all ofthese issues resolved and the benches installed by the new completion deadline of December 31, 2006. The County appreciates working with the Office of Modal Development on these important transit inrrastructure projects. Sincerely, ///. ····r'}·.·· c.. / I [ . 'v 19dY Bonet Assistant Director ~1:r~ JOSEPH E. SMITH, District NO.1. DOUG COWARD, District No, 2 . PAULA A. LEWIS, Distric' No.3· FRANNIE HUTCHINSON. District No, 4 . CHRIS CRAFT, District No, 5 County Administrator - Douglas M. Anderson 437 North 7TH Street . Fort Pierce, FL 34950 . Phone (772) 462-1777 · FAX (772) 462-1703 . Suncom 259-1777 web site: www.co.st-Iucie.fl.us '-' ~~LE{; :~; >~~ ~ ~ Florida Department-of Transportation ...", NOV 1 0 2005 JEB BUSH GOVERNOR OFFICE OF MODAL DEVELOPMENT 3400 West Commercial Boulevard Farl Lauderdale, FL 33309-3421 Phane: (954) 777-4490 Fax: (954) 677-7892 i?~ç~:i·:~~~:;4;'~~. ' SECRETARY MEMORANDUM DATE: November 8, 2005 TO: Ms. Jody Bonet, Transit Manager S1. Lucie County Board of County Commissioners Community Services Division 437 N. th Street Fort Pierce, Florida 34950 . ~ ÍY'- Nancy A. Ziegler, District Modal Development Administrato/}'1 00 FROM: SUBJECT: EXTENSION OF TIME-Joint Participation Agreement- Urban Capital- Improve Transit Infrastructure FM No. 414946-1-94-01 Contract No. AN992 The time allotted for the completion of services on subject agreement dated Julv 14.2003 and any supplementals thereto will expire on December 31. 2005. In accordance with Section 18.00 of the Joint Participation Agreement, you may request a time extension. For your convenience, you may complete, sign, date and return this form to me. It is requested that the Joint Participation Agreement for the subject project be extended until December 31. 2006 for the following reason(s): (Use attachment if necessary) Agency: S1. Lucie County BOCC Date: By: APPROVED: Title: Date: -Po" District Project Manager Date: www.dot.stateJl.us District Director Transportation Development OMD DFFICE OF MODAL DEVELOPlllENT \. '-'" AGENDA REQUEST .."" ITEM NO. C-9B DATE: November 22, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY WEPT): Community Services / ~~\ V\1e,,-~ . sistant Director SUB1ECT: Request for Board approval of Budget Resolution #05-431 and authorize the Chair to sign the amendment to the Medicaid Non-Emergency Program Agreement. BACKGROUND: The attached Memorandum 06-25 explains the background of this annual agreement. Although the monthly amount to provide all the trips has been reduced from $52,682.00 to $46,572.66, the contractor provider and staff recommend moving forward with this agreement. The total amendment to the original agreement is $372,581. Since the contract started late in the State's fiscal year, this contract is only for eight months which will bring it back in sync with the State's fiscal year of]uly 1 to June 30. FUNDS AVAILABLE: Account # 001290-4910-334491-400 CTD Medicaid Non Emergency Trips. PREVIOUS ACTION: BOCC approved the first contract with the Commission for the Transportation Disadvantaged in November 2004. RECOMMENDATION: Approve Budget Resolution #05-431 and authorize the Chair to sign the amendment to the Medicaid Non-Emergency Program Agreement. COMMISSION ACTION: I]lAPPROVED [] DENIED [] OTHER: Approved 5-0 Douglas . Anderson County Administrator Review and APProv~ AJ/ frJ wl ~ County Attorney: L Management & BUdget:~/æ I,JPurchasing:_ Originating Dept: Other: \t Other:_ Finance: (Check for Copy only, if applicable) - Effective: 5/96 ~ RESOLUTION NO. 05-431 -.J WHEREAS, subsequent to the adoption of the SI. Lucie County Board of County Commissioners budget for SI. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available amending the contract award an additional $372,581 from the Medicaid Non-Emergency Program. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie County, Florida, in meeting assembled this 22nd day of November, 2005, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2005-2006, and the County's budget is hereby amended as follows: REVENUE 001290-4910-334491-400 Transportation Disadvantage Comm $372,581 APPROPRIATIONS 001290-4910-582015-400 Council On Aging $372,581 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward, Chairperson Commissioner Chris Craft, Vice Chairperson Commissioner Frannie Hutchinson Commissioner Paula A. Lewis Commissioner Joseph E. Smith xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 22nd DAY OF NOVEMBER, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~ ....... ...." COMMUNITY SERVICES MEMORANDUM #06-25 FROM: Board of County Commissioners ~/' ,r{) Jody Bonet, Assistant Director 0 r ~ Amendment to the Medicaid No ~Emergency Program Agreement TO: SUBJECT: DATE: November 14, 2005 The Agency for Health Care Administration (AHCA) has a master contract with the Commission for the Transportation Disadvantaged (CTD). The CTD contracts with counties throughout the state to provide non- emergency Medicaid transportation. On October 30, 2005, the Commission for the Transportation Disadvantaged (CTD) emailed the attached letter and the amendment to the existing agreement between St. Lucie County and the CTD. The amendment requests that the County provide an additional eight months of transportation services to those individuals eligible for this program. Through the County's Master Contract with Council on Aging, the transportation services are provided to eligible clients. Council on Aging has a contract with Lifeline, Yellow Cab and We Care to transport those individuals that require a stretcher or out of county trips. AHCA continues to decrease funding to the Medicaid Non-Emergency Transportation (NET) Program. This program has been active since 1996 and the rate AHCA provides to the transportation providers has stayed the same for the last ten years. In addition, the overall funding is 50% less than the 1996 amount. The proposed monthly rate will be $46,572.66 compared to the 04/05 monthly rate of $52,682.00. At the reduced rate of approximately $1 1.00 per trip, 552 trips could potentially be denied. With the increase in fuel and insurance costs, the true trip cost is much higher than this 1996 rate of $11.00 per trip. Although the funding is identified as "non-emergency transportation" the funds are used to transport Medicaid clients that require dialysis, and medical treatments within and out of County. Eligible beneficiaries include: low income families and children, foster care children, institutional care program residents, etc. The St. Lucie County Municipal Services Taxing Unit (MSTU) generates a limited amount of funds. It is primarily used to offset operation costs for the Demand Response service and the fixed route for the entire county. Due to the US Census Bureau merging Martin and St. Lucie into one large Metropolitan Statistical Area, the County has lost Federal Transit Administration operating dollars. Thus, the MSTU does not provide enough funds to continually handle the short falls created by State and Federal agencies. Although Council on Aging, Lifeline, Yellow Cab and We Care work together to provide transportation for eligible clients including stretcher and out of county eligible clients, the true costs of these trips impacts everyone's budget. Although none of these agencies want to deny trips, it may come to a point when some of the trips may be denied due to ever increasing cost of gasoline and insurance. Staff Recommendation: Staff met with the agencies involved and it was determined to continue with this contract for the remaining eight months and then reevaluate the situation in the next State Fiscal year. Staff recommends that the Board authorize the Chair to sign the Medicaid Non-Emergency Program Agreement Amendment Number 1. : ~ .." October 30, 2005 Ms. Beth Ryder S1. Lucie Co. Brd. County Commissioners 437 North 7th S1. Ft. Pierce, FL 34950 Re: CTD Medicaid Non-Emergency Transportation (NET) Program Agreement (S1. Lucie County) Dear Ms. Ryder: Enclosed is an Amendment to the Agreement between the Commission for the Transportation Disadvantaged (CTD) and the above referenced county. This Amendment modifies your current STP Agreement with the Commission for the provision of services under the CTD Medicaid Non-Emergency Transportation program. To expedite this modification process please: 1. Print four (4) originals of the Amendment and attachments; 2. Execute all four (4) signature pages with original signatures in blue ink; and 3. Return all originals to me at your earliest opportunity, via overnight mail if possible. Upon receipt of the four (4) executed originals, I will have them signed and return one (1) fully executed original to you for your records. The allocation amount of the Amendment reflects the total funding available to continue operations through June 30, 2006, after: 1. Applying the 7.74% reduction imposed by the Agency for Health Care Administration (ARCA), 2. Applying PPEC funding to the allocations of those counties serving PPECs, 3. Taking into consideration each county's respective start and end date in their original Agreement, and 4. Calculating the remaining fundsthat will be distributed in eight (8) equal payments over the period from November 1, 2005, through June 30, 2006. This modification w1l.l now allow all future CTD Medicaid NET program Agreements to run concurrently with state fiscal year funding and should eliminate the many problems associated with crossovers between fiscal years. I understand that some counties will need time to present the Amendment to their agencies for approval. If you are certain that your agency will ultimately approve the Amendment, please continue providing trips under the Scope of Services during the approval process to ensure minimal disruption to the beneficiaries Once a determination has been made that your county wiil not approve the Amendment, please let me know as soon as possible so that I can proceed with ;~ ~ "WIIÌ the identification of an appropriate vendor through the competitive procurement processes available to the Commission. Another Amendment will be forthcoming after final deliberations with the Agency for Health Care Administration (ARCA) have been completed. I anticipate this occurring within the next 10 days and the subject of this Amendment will be the clarification and addition of certain contractual provisions that will enhance the abilities ofSTPs to manage the program at their local level. The necessity for separate Amendments was agreed to by ARCA and the Commission to 1) facilitate the continuity of the current effort in the first Amendment, while enjoying adequate time to consider 2) necessary improvements to the program which wiIl be reflected in the second Amendment. AdditionaIly, I wiIl be scheduling regional technical assistance and training sessions on the Medicaid NET program, including the improvements made in the operational aspects of the program, in the next few weeks. You will be notified as soon as dates and shes have been secured tor these sessions. Should you have any questions or concerns, please do not hesitate to contact me at (850) 410-5715. Sincerely, - Onginal signed- Byron R. Underwood Enclosures: Amendment (under separate e-mail cover) .. ....... .."", STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED MEDICAID NON-EMERGENCY TRANSPORTATION (NET) PROGRAM SUBCONTRACTED TRANSPORTATION PROVIDER AGREEMENT AMENDMENT NO 1 AGREEMENT #: FINANCIAL PROJECT ID#: F.E.I.D.# BDA83 41604318201 596-000-835-071 This agreement, entered into on November 1, 2005 by and between the State of Florida, Commission for the Transportation Disadvantaged, hereinafter called "Commission" and St. Lucie Co. Brd. County Commissioners, 437 North 7th St., Ft. Pierce, FL, 34950, hereinafter called "Subcontracted Transportation Provider" for St. Lucie County. WITNESSETH: WHEREAS, the Commission and the Subcontracted Transportation Provider heretofore on 11/1/2004 entered into an Agreement, hereinafter called the Original Agreement; WHEREAS, the Commission desires to participate in all eligible items of development for this project as outlined in the attached amended Exhibit B. WHEREAS, this amendment is necessitated by the amendment of the contract between the Commission, and the Agency for Health Care Administration for Medicaid Non-Emergency Transportation (NET) services. NOW, THEREFORE, THIS INDENTURE WITNESSETH; that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Agreement is to be amended as follows: 1. Purpose of Agreement: The purpose of the agreement is not changed. 2. Accomplishment of the Agreement: The accomplishment of the agreement is not changed. 3. Project Cost: Paragraph 8, AGREEMENT AMOUNT AND PAYMENT of said Agreement is increased by $372,581.00 bringing the revised total cost of the project to $1,004,763.00. 4. Expiration of Agreement: Paragraph 2, TERM of said Agreement is amended to be June 30, 2006. 5. Exhibit B of said Agreement is replaced by Amended Exhibit B and is attached hereto and made a part hereof. EXCEPT as hereby modified, amended, or changed, all other terms of the Agreement dated 11/1/2004 shall remain in full force and effect. This amendment cannot be executed unless all previous amendments to this Agreement have been fully executed. In witness whereof, the parties hereto have caused these presents to be executed, the day and year first above written. STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED ST. LUCIE CO. BRD. COUNTY COMMISSIONERS NAME NAME Executive Director TITLE TITLE ~ AGREEMENT #: AGREEMENT AMENDMENT DATE: ""'" 8DA83 November 1, 2005 EXHIBIT B AMENDMENT # 1 METHOD OF COMPENSATION For the satisfactory performance of the services and the submittal of Encounter Data as outlined in Exhibit A, Scope of Services, the Subcontracted Transportation Provider payments shall be changed from $52,682.00 to $46,572.66 monthly. The Subcontracted Transportation Provider shall be paid up to a maximum amount of $1,004,763.00. The Subcontracted Transportation Provider shall submit invoices in a format acceptable to the Commission. The Subcontracted Transportation Provider will be paid, after the Commission has received payment from the Agency for Health Care Administration. 1. Proiect Cost: The Subcontracted Transportation Provider shall request payment through submission of a properly completed invoice to the Commission Contract Manager or its designee. Once the Commission has signed the invoice for approval, the Commission shall submit the approved invoice to the DOT Disbursement Operations Office for payment to the Subcontracted Transportation Provider. Countv Oriqinal Contract Amendment Amount Total Proiect Cost St. Lucie $632,181.00 $372,581.00 $1,004,763.00 2. Disbursement Schedule of Funds FY 05/06 November December January February March April May June $46,572.66 $46,572.66 $46,572.66 $46,572.66 $46,572.66 $46,572.66 $46,572.66 $46,572.66 '-" ..." AGENDA REQUEST ITEM NO: C - 9c DATE: November 22, 2005 REGULAR PUBLIC HEARING CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: COMMUNITY SERVICES PRESENTED BY: Jody Bonet~. SUBJECT: WAIVER OF FEES AT THE SAVANNAS CAMPGROUNDS BACKGROUND: On September 6, 2005, the BOCC waived the Savannas Campground fees for the Christian Reformed World Relief Committee (CRWRC) workgroup during the period of September 21 through November 26, 2005. In the first six weeks, CRWRC has logged in 3636 volunteer hours rebuilding homes that were damaged by the 2004 hurricanes. INTACT, also known as the Saint Lucie County Long Term Recovery Committee, case managers review the clients needs and resources and match it with these skillful volunteers. At today's INTACT meeting the case managers and CRWRC agreed that there is still sufficient work that will keep CRWRC working until December 18, 2005. Due to the nature of their work, the group travels with trailers for their accommodation. INTACT, through Community Services, is requesting that the fees for six slots be extended from the November 26 date to December 18, 2005. FUNDS WILL BE MADE AVAILABLE IN: N/A RECOMMENDATION: Staff recommends the Board's approval to waive the user fees for six slots at the Savannas campgrounds during the period of November 26, 2005 through December 18, 2005. The Saint Lucie County Long Term Recovery Committee while assisting county residents with hurricane Frances and Jeanne repairs will use the slots. COMMISSION ACTION: CONCURRENCE: XJ APPROVED DENIED OTHER: Approved 5-0 o . Anderson County Administrator County Attorney: p"'".II.... : Originating Dept: ~~ coordination/Signat~~.~~ ~ ~ement , BUdget'~ Purcho,ing, h Other: Finance: (if applicable) , G:\05-06 AGENDA REQUESTS\P ARKS 11-22-05 SAVANNAS !NT ACT WORKFORCE .DOC ~ ....., COMMUNITY SERVICES MEMORANDUM #06-26 TO: Doug Anderson, County Administrator Jody Bonet, Assistant Director i1!1 Request from INTACT, the St. Lucie County Long Term Recovery Committee, to waive the camper fee at the Savannas for volunteers who will be working in St. Lucie County to repair damage caused by the hurricanes. FROM: SUBJECT: DATE: November 15, 2005 On September 6, 2005, the BOCC waived the Savannas Campground fees for the Christian Reformed World Relief Committee (CRWRC) workgroup during the period of September 21 through November 26, 2005. In the first six weeks, CRWRC has logged in 3636 volunteer hours rebuilding homes that were damaged by the 2004 hurricanes. On November 15,2005, the Christian Reformed World Relief Committee (CRWRC) and the Long Term Recovery Committee discussed the need to complete repairing several additional homes. Thus, Community Services requests that the waiver of the campground fees be extended from November 26,2005 through December 18,2005 to work with INTACT, the St. Lucie County Long Term Recovery Committee, to assist our residents with repairs that were caused by the two Hurricanes last year. The request is to extend the waived fees from September 24, 2005 through December 18,2005. All six slots were originally going to be vacated by November 26,2005, but the increase need for home repairs requires that the CRWRC stay until December 18, 2005. I have spoken with Pete Keogh and he will agenda this request, if it is necessary to take to the Board for approval. Thank you for your consideration of this request. c: Pete Keogh, Parks and Recreation Director Linda Barton, Assistant Director of Parks and Recreation Stacy Malinowski, INTACT Volunteer Coordinator ~ ....; AGENDA REOUEST ITEM NO. C. I () DATE: November ~~2005 REGULAR ] PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Growth Management PRESENTED BY: ......_----1 ~ -~ _ ~ ----=:::> Assistant County Administrator SUBJECT: Request approval from the Board of County Commissioners to issue a base amount of $100.00 for a cash drawer to initiate a cash receipts system in the Growth Management Department. BACKGROUND: Due to the increased growth in the County and the large volume of customer services provided on a daily basis, it was recommended that all development applications, mapping, etc. issued by the Planning division be processed by the Growth Management Department. FUNDS AVAILABLE: 102-0000-102005-000; Asset Account. PREVIOUS ACTION: none RECOMMENDATION: Recommend the authorization of the issuance of $100.00 base amount for cash drawer. COMMISSION ACTION: Approved 5-0 ----- ouglas M. Anderson unty Administrator [}[ APPROVED [] DENIED [ ] OTHER: County Attorney: ..... ßr Coord ination/SiQnatures Management & Budget: 1/ ,( iO ~ Orig Dept: ~<;.;.b Central Services: Finance: (Check for Copy only, if applicable)_X_ 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 , ...........- -...... ...,; ITEM NO. C-ll DATE: November 22, 2005 AGENDA REQUEST REGULAR [] PUBLIC HEARING [ ] CONSENT[X] SUBMITTED BY (DEPT): Environmental Resources Department PR~ENlED BY: c&~ Vanessa essey ~ Environmental Resources Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Staff requests approval ofthe First Amendment to Contract C05-09-513 with RTP Environmental Associates Inc. BACKGROUND: Due to additional data requests such as the preparation of a second draft report, and the need to reevaluate the data due to a change in proposed stack height, RTP Environmental Associates, Inc. has requested to increase the contract amount by $ Tl1:::¡:).m . FUNDS AVAIL.: Funds will be made available in 102-3920-531000-300 Unincorporated Services Fund - Professional Services. PREVIOUS ACTION: The Board granted permission to advertise for RFP 05-100 on August 2,2005. The Board granted permission for staff to negotiate with the top-ranked firm for RFP 05-100 - Air Quality Consultant for Review of Documents Pertaining to a Pulverized Coal Fired Power Plant on September 6,2005. The Board approved the contract with RTP Environmental Consultants, Inc. in the amount of $40,900 and authorized the chair to sign the contract as prepared by the County Attorney's Office on September 20,2005. RECOMMENDATION: Staff recommends that the Board approve the First Amendment to Contract C05-09-513 with RTP Environmental Associates, Inc. and authorize the chair to sign the amendment as prepared by the County Attorney's Office. [X APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED NCE: COMMISSION ACTION: D glas M. Anderson County Administrator I x ]County Attorney Ix ]Originating Dept I ] Finance C:L ~/ \rr~ CoordinationlShmatures L fA _ [x]Mgt. & BUdgetJt' fh/V- I ]Co. En2 I ]Com. Dev. [ ]Fiscal Coord. -- - ./ .; ...... ...., FIRST AMENDMENT TO SEPTEMBER 20, 2005 AGREEMENT BETWEEN ST. LUCIE COUNTY AND RTP ENVIRONMENTAL ASSOCIATES, INC. THIS FIRST AMENDMENT is dated this day of ,2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"), and RTP ENVIRONMENTAL ASSOCIATES, INC., a Florida corporation (the "Contractor"). WHEREAS, on September 20, 2005, the parties entered into an Agreement, hereinafter referred to as the" Agreement: wherein the Contractor agreed to provide professional services to address health, safety, environmental, permitting and documentation issues regarding air quality: and, WHEREAS, the parties desire to amend the Agreement to increase the compensation of the agreement by twenty seven thousand, two hundred and fifty 00/100 dollars ($ 27,250.00). NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 5 of the Agreement shall be amended to read as follows: CONTRACT PAYMENT The County shall pay the Consultant sixty-eight thousand one hundred fifty dollars and 00/100 ($68,150.00) for the performance of this Agreement and completion of the services in accordance with the Agreement documents, subject to adjustment by change order. All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. 2. All other terms and conditions of the original Agreement are unchanged and shall remain in full force and effect. 1 t ... . ...... ....", IN WITNESS WHEREOF. the parties hereto have executed this First Amendment on the date first above written. ATTEST: BOARD OF COUNìY COMMISSIONERS ST. LUCIE COUNìY. FLORIDA BY: DEPUìY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNìY ATTORNEY WITNESSES: RTP ENVIRONMENTAL ASSOCIATES, INC. BY: CONTRACTOR G:IATIYlAGREEMN1ìla-RTP.wpd 2 t: , ~ AGENDA REQUEST ...." ITEM NO. C12A DATE: November 22,2005 REGULAR [ PUBLIC HEARING ] TO: CONSENT [X] ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt Budget Resolution 05-427 amending Budget Resolution 05-396, due to a scrivener error. BACKGROUND: St. Lucie County has applied for Hurricane Housing Recovery Plan (HHRP) funding. This funding can be used for many different strategies relating to housing, including Land Acquisitions, Construction and Development Financing, Capital to Leverage Other Private and Public Resources, and Down Payment Assistance. On August 1, 2005 approval was received from the Florida Housing Finance Corporation to request an initial amount not to exceed $100,000 to establish a balance in the HHRP account and begin to fund expenses incurred including administrative expenditures. On 9/21/05 we received verification that the award of $7,296,658 has been made. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On 9/13/05 the Board approved Budget Resolution 05-343 to adopt the initial budget of $100,000 to establish a balance in the HHRP account. On 11/2/05 the Board approved Budget Resolution 05-396 to accept funds in the amount of $7,196,658 for fiscal year 2004-2005. RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 05-427, amending Budget Resolution 05-396. COMMISSION ACTION: [ X APPROVED [ ] OTHER: ] DENIED Approved 5-0 CE: oug Anderson County Administrator ~ Coordination/Sianatures County Attorney: ~ ~. Management & Budget: r~~ ~urChaSing: 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 772-462-1426 at least forty-eight (48) hours prior to the meeting. \w .",.¡¡ MEMORANDUM 06-16 OFFICE OF MANAGEMENT & BUDGET TO: FROM: Board of County Commissioners Marie Gouin, Management and Budget Director SUBJECT: Hurricane Housing Recovery Plan DATE: November 22, 2005 On November 2nd, 2005 the St. Lucie County Board Of County Commissioners adopted Resolution Number 05-396 to accept funds in the amount of $7,196,658 from the Florida Housing Finance Corporation, in order to establish a budget under fund number 185008 for fiscal year 2004-2005. Due to a scrivener error in the fiscal year, it is necessary to amend Resolution Number 05-396, to reflect the funds being received in fiscal year 2005-2006. Staff request approval of Budget Resolution Number #05-427 to correct the fiscal year. '-' ...." RESOLUTION NO. 05-427 WHEREAS, the St. Lucie County Board of County Commissioners has made the following determination: 1. On November 2nd, 2005 the St. Lucie County Board of County Commissioners adopted Resolution Number 05-396 to accept funds in the amount of $7,196,658 from the Florida Housing Finance Corporation, in order to establish a budget under fund number 185008 for fiscal year 2004-2005. 2. Due to a scrivener error in the fiscal year, it is necessary to amend Resolution Number 05-396. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida, in meeting assembled this 22nd day of November: 1. Resolution Number 05-396 is hereby amended as follows: Fiscal Year 2005-2006 REVENUES 185008-6420-335510-600 Florida Housing Finance $7,196,658 APPROPRIATIONS 185008-6420-599330-600 Project Reserve $7,196,658 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 22nd DAY OF November, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '-' '<tt¡¡fII1 RESOLUTION NO. 05-396 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 the Florida Housing Finance Corporation in the amount of $7,196,658 for the Hurricane Housing Recovery Program. 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 25th day of October, 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 SI. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 185008-6420-335510-600 Florida Housing Finance $7,196,658 APPROPRIATIONS 185008-6420-599330-600 Project Reserve $7.196,658 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 25th DAY OF October, 2005. BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: ATTEST: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~ .. \., AGENDA REOUEST ...." ITEM NO. 12B DATE: November 22,2005 REGULAR PUBLIC HEARING CONSENT [ XI TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Approval of Budget Amendment #BA05-196 to cover fiscal year 2005 insufficient accounts. BACKGROUND: At year end there were other operating accounts with insufficient funds. $127,037 needs to be transferred to cover these accounts. FUNDS AVAILABLE: Various Funds (See attached budget amendments) PREVIOUS ACTION: Board of County Commissioners approved the FY 05 budget on September 16, 2004. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Amendment #BA05-196 to cover fiscal year 2005 insufficient accounts. [)G APPROVED [] DENIED [ ] OTHER: Approved 5-0 ouglas M. Anderson County Administrator COMMISSION ACTION: County Attomey:xx 9r ¡/~ .- Coordination/Signatures Management & Budget: ~ PillClrnsing' Public Works: Other: Originating Dept: Finance: (Check for Copy only, if applicable) ~. G:IBUDGEliWPIAGENDA'SIAGENDAOSII122'OSFYOSYEAREND.DOC <II \.f ..."" ...'1 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Management & Budget PREPARED DATE: 11110f2005 AGENDA DATE: 11f22f2005 I) /.)"" d... UN! N . . ..- j('¡¡¡¡..,.i ., , '.' ·c," ". ",' ~,. ""~!,!I'" .,~", CiC '1//;·) TO: 001-2120-552000-1902 ODerating SUDDlies $12 001-1925-543000-100 Utilities $106,541 001-5310-512000-100 Salaries $9,534 107-712-512000-190026 Salaries $8,770 107-1910-514000-1902 Overtime $2,180 FROM: 001-9910-599330-800 Project Reserves $116,087 107 -9910-599300-800 Reserves $10,950 REASON FOR BUDGET AMENDMENT: To cover Fiscal Year 2005 insufficient accounts. -- . CONTINGENCY BALANCE: nfa THIS AMENDMENT: nfa REMAINING BALANCE: nfa DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: BA05-196 DOCUMENT # & INPUT BY: ) '-' AGENDA REOUEST """'" ITEM NO. 12C DATE: November 22, 2005 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Approval of Budget Resolution 05-428 recognizing revenue from the Federal Emergency Management Agency and the State for hurricane related expenses. BACKGROUND: As a result of the damages caused by Hurricane Frances and Hurricane Jeanne, the Federal Emergency Management Agency (FEMA) and the Department of Community Affairs have agreed to fund eligible hurricane damage expenses. Most of these expenses will be reimbursed by FEMA (90%) and DCA (5%) and will require a 5% County match. The attached resolution establishes the fiscal year 2005 budget for reimbursement related to several FEMA projects totaling $8,406,038. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: On October 19, 2004, the Board approved a disaster relieffunding agreement for Hurricane Frances. On November 2, 2004, the Board approved a disaster relief funding agreement for Hurricane Jeanne. RECOMMENDATION: Staff recommends approval of resolution # 05-428 recognizing revenue from FEMA and the State for hurricane related expenses. [}G APPROVED [] DENIED [ ] OTHER: Approved 5-0 ouglas M. Anderson County Administrator COMMISSION ACTION: County Attomey:xx Lr' /.1 L Coordination/Signatures M"""gement & Budget: ~prnCI=¡ng, Public Works: Other: Originating Dept: Finance: (Check for Copy only, if applicable)-L. G:\BUDGFlì WPIAGENDA'SIAGENDA05\11 '22·05YEARENDFEMA.DOC '-" RESOLUTION NO. 05-428 ~ 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 through the Federal Emergency Management Agency and the Department of Community Affairs. 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 22nd day of November, 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 (General Fund) 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 1930 331232 1930 331232 1930 334202 1930 331232 1930 334202 1930 331232 1 930 334202 1930 331232 1930 334202 1930 331232 1930 334202 1930 331232 1930 331232 1930 334202 1930 331232 1930 334202 1930 331232 1930 334202 1930 331232 1930 334202 1930 331232 1930 334202 1930 331232 1930 334202 1930 331232 1930 334202 1930 331232 1930 334202 1930 331232 1930 334202 1930 331232 1930 334202 1930 331232 1930 334202 1930 331232 FB031 C FE001C FE001C FE002C FE002C FE006C FE006C FE009C FE009C FE010C FE010C FEO 11 C FE014C FE014C FE015C FE015C FE016C FE016C FE017C FE017C FE018C FE018C FE019C FE019C FE024C FE024C FE025C FE025C FE027C FE027C FE029C FE029C FE030C FE030C FE034C Emergency Management Emergency Management Dept of Community Affairs-Pub Sfty Emergency Management Dept of Community Affairs-Pub Sfty Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Page 1 of6 $6,951 $48,993 $2,954 $17,417 $957 $12,506 $688 $1.719 $95 $11,411 $627 $6,831 $6,542 $362 $2,803 $154 $3.539 $195 $1,445 $80 $2,538 $140 $3,163 $174 $4,029 $222 $27,450 $1,509 $26,346 $1,448 $8,602 $473 $2,699 $149 $6,013 '-' .."", 001 1930 334202 FE034C Dept of Community Affairs-Pub Sfly $333 001 1930 331232 FE035C Emergency Management $4,525 001 1930 334202 FE035C Oept of Community Affairs-Pub Sfly $250 001 1930 331232 FE036C Emergency Management $850 001 1930 334202 FE036C Oept of Community Affairs-Pub Sfly $47 001 1930 331232 FE039C Emergency Management $40,382 001 1930 334202 FE039C Oept of Community Affairs-Pub Sfly $515 001 1930 331232 FE040C Emergency Management $2,369 001 1930 334202 FE040C Oept of Community Affairs-Pub Sfty $131 001 1930 331232 FE999C Emergency Management $14,105 001 1930 334202 FE999C Oept of Community Affairs-Pub Sfty $775 001 1930 331232 FGOO1C Emergency Management $28,797 001 1930 334202 FG001 C Oept of Community Affairs-Pub Sfty $1,583 001 1930 331232 FG002C Emergency Management $28,618 001 1930 334202 FG002C Oept of Community Affairs-Pub Sfty $1,573 001 1930 331232 FG003C Emergency Management $34,144 001 1930 334202 FG003C Oept of Community Affairs-Pub Sfty $1,876 001 1930 331232 FG004C Emergency Management $16,817 001 1930 334202 FG004C Oept of Community Affairs-Pub Sfly $924 001 1930 331232 FG005C Emergency Management $17,472 001 1930 334202 FG005C Oept of Community Affairs-Pub Sfty $960 001 1930 331232 FG006C Emergency Management $36,692 001 1930 334202 FG006C Oept of Community Affairs-Pub Sfty $2,016 001 1930 331232 FG008C Emergency Management $12,231 001 1930 334202 FG008C Oept of Community Affairs-Pub Sfly $672 001 1930 331232 FG009C Emergency Management $44,336 001 1930 334202 FG009C Oept of Community Affairs-Pub Sfty $2,436 001 1930 331232 FGO 11 C Emergency Management $46,392 001 1930 334202 FG011 C Oept of Community Affairs-Pub Sfty $2,549 001 1930 331232 FG012C Emergency Management $40,476 001 1930 334202 FG012C Oept of Community Affairs-Pub Sfly $2,224 001 1930 331232 FG013C Emergency Management $252,515 001 1930 334202 FG013C Oept of Community Affairs-Pub Sfty $13,781 001 1930 331232 FG015C Emergency Management $10,702 001 1930 334202 FG015C Oept of Community Affairs-Pub Sfty $588 001 1930 331232 FG017C Emergency Management $24,461 001 1930 334202 FG017C Oept of Community Affairs-Pub Sfly $1,344 001 1930 331232 JE002C Emergency Management $7,360 001 1930 331232 JE007C Emergency Management $2,450 001 1930 334202 JE007C Oept of Community Affairs-Pub Sfly $136 001 1930 331232 JE012C Emergency Management $27,889 001 1930 334202 JE012C Oept of Community Affairs-Pub Sfly $1,541 001 1930 331232 JE019C Emergency Management $19,432 001 1930 334202 JE019C Oept of Community Affairs-Pub Sfty $1,074 001 1930 331232 JE020C Emergency Management $4,164 001 1930 334202 JE020C Oept of Community Affairs-Pub Sfly $229 001 1930 331232 JE021C Emergency Management $681 001 1930 334202 JE021C Oept of Community Affairs-Pub Sfly $38 001 1930 334202 JE022C Oept of Community Affairs-Pub Sfly $405 001 1930 331232 JE024C Emergency Management $4,543 001 1930 334202 JE024C Oept of Community Affairs-Pub Sfly $250 001 1930 331232 JE025C Emergency Management $1,223 001 1930 334202 JE025C Oept of Community Affairs-Pub Sfly $68 Page 2 of6 '-" ...", 001 1930 331232 JE026C Emergency Management $21,804 001 1930 334202 JE026C Oept of Community Affairs-Pub Sfty $1,205 001 1930 331232 JG002C Emergency Management $16,586 001 1930 334202 JG002C Oept of Community Affairs-Pub Sfty $917 001 2510 331232 FB002B Emergency Management $51,082 001 2510 331232 FB004B Emergency Management $67,382 001 2510 334202 FB004B Oept of Community Affairs-Pub Sfty $3,703 001 2510 331232 JB001 B Emergency Management $2,318 001 2510 334202 JB001B Oept of Community Affairs-Pub Sfty $129 001 2510 331232 JB002B Emergency Management $20,301 001 2510 334202 JB002B Oept of Community Affairs-Pub Sfty $1,122 001 2510 331232 JE002B Emergency Management $12,535 001 2510 334202 JE002B Oept of Community Affairs-Pub Sfty $693 001 6420 331232 JB0010 Emergency Management $51,924 001 6420 334202 JBOO1D Oept of Community Affairs-Pub Sfty $2,847 001 7210 331232 JE016P Emergency Management $3,219 001 7210 334202 JE016P Oept of Community Affairs-Pub Sfty $178 001 7420 331232 JC002P Emergency Management $70,228 001 7420 334202 JC002P Oept of Community Affairs-Pub Sfty $3,880 001 7516 334202 J G008P Oept of Community Affairs-Pub Sfty $106 Total $1,305,327 Appropriations (General Fund) 001 1930 546100 190026 Building Maintenance $874,287 001 1930 546100 1902 Building Maintenance $106,069 001 1930 546100 FE010C Building Maintenance $712 001 1930 546100 FE017C Building Maintenance $1.525 001 1930 546100 FE018C Building Maintenance $1,400 001 1930 546100 FE024C Building Maintenance $3,080 001 1930 546100 FE027C Building Maintenance $8,500 001 1930 546100 FE034C Building Maintenance $6,346 001 1930 546300 FE039C Grounds Maintenance $5,700 001 1930 546300 FG013C Grounds Maintenance $135 001 1930 546100 JE012C Building Maintenance $691 001 1930 546100 JG002C Building Maintenance $5,235 001 2510 534000 190026 Other Contractual Services $122,167 001 2510 564000 1902 Machinery & Equipment $27,470 001 2510 564000 JE002B Machinery & Equipment $9,628 001 6420 512000 1902 Salaries $54,771 001 7210 546200 1902 Maintenance Improvement Projects $3,397 001 7420 563000 JC002P Improvements O/T Buildings $74,108 001 7516 546000 1902 Equipment Maintenance $106 Total $1,305,327 Revenues (Transportation Trust) 101 4108 331232 JA001R 101 4108 334202 JA001R 101 4108 331232 JA019R 101 4108 334202 JA019R 101 4108 331232 JC001R 101 4108 334202 JC001R 101 4108 334202 JC002R Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Oept of Community Affairs-Pub Sfty Emergency Management Oept of Community Affairs-Pub Sfty Oept of Community Affairs-Pub Sfty $565,479 $31,242 $4.251 $235 $12,721 $703 $3,503 Page 3 of6 101 4108 331~ JC004R Emergency Management $~2 101 4108 334202 JC004R Dept of Community Affairs-Pub Sfty $289 101 4108 331232 JC007R Emergency Management $28,282 101 4108 334202 JC007R Dept of Community Affairs-Pub Sfty $1,563 101 4108 331232 JC008R Emergency Management $4,016 101 4108 334202 JC008R Dept of Community Affairs-Pub Sfty $222 101 4108 331232 JC009R Emergency Management $7,370 101 4108 334202 JC009R Dept of Community Affairs-Pub Sfty $408 101 4108 331232 JC010R Emergency Management $5,891 101 4108 334202 JC010R Dept of Community Affairs-Pub Sfty $326 101 4108 331232 JC012R Emergency Management $8,956 101 4108 334202 JC012R Dept of Community Affairs-Pub Sfty $495 101 4108 331232 JC014R Emergency Management $2,479 101 4108 334202 JC014R Dept of Community Affairs-Pub Sfty $137 101 4108 331232 JC015R Emergency Management $51,417 101 4108 334202 JC015R Dept of Community Affairs-Pub Sfty $2,841 101 4108 331232 JC016R Emergency Management $113,488 101 4108 334202 JC016R Dept of Community Affairs-Pub Sfty $6,271 101 4108 331232 JC017R Emergency Management $1,830 101 4108 334202 JC017R Dept of Community Affairs-Pub Sfty $102 101 4108 331232 JG004C Emergency Management $2,397 101 4108 334202 JG004C Dept of Community Affairs-Pub Sfty $133 101 4110 331232 FB001 R Emergency Management $19.347 101 4110 334202 FB001 R Dept of Community Affairs-Pub Sfty $1,334 101 4110 331232 FB002R Emergency Management $34,427 101 4110 334202 FB002R Dept of Community Affairs-Pub Sfty $1,892 101 4110 331232 FB003R Emergency Management $44,441 101 4110 331232 FB011 E Emergency Management $44,872 101 4110 331232 JB001 R Emergency Management $4,813 101 4110 331232 JB002R Emergency Management $35,355 101 4110 334202 JB002R Dept of Community Affairs-Pub Sfty $1,954 101002 4112 331232 FA004E Emergency Management $657,594 101002 4112 331232 FB998E Emergency Management $31,822 101002 4112 331232 FB999E Emergency Management $34,562 101002 4112 331232 JAOO1E Emergency Management $278,977 101002 4112 331232 JA003E Emergency Management $1,709,301 101002 4112 334202 JA003E Dept of Community Affairs-Pub Sfty $93,754 101002 4112 331232 JA005E Emergency Management $69,701 101002 4112 334202 JA005E Dept of Community Affairs-Pub Sfty $3,851 101002 4112 331232 JA009E Emergency Management $799,894 101002 4112 334202 JA009E Dept of Community Affairs-Pub Sfty $44,268 101003 4113 331232 FA002E Emergency Management $559,306 101003 4113 334202 F A004E Dept of Community Affairs-Pub Sfty $35,948 101003 4113 331232 FA005E Emergency Management $35,534 101003 4113 331232 FA006E Emergency Management $217,686 101003 4113 331232 FB999E Emergency Management $57,429 101003 4113 331232 JA004E Emergency Management $831,726 Total $6,512.057 Appropriations (Transportation Trust) 101 4108 553200 1902 Road Materials $862,269 10:1 4110 534000 190026 Other Contractual Services $146,313 101 4110 553200 1902 Road Materials $42,122 Page 40[6 "-' $2,99~6 101002 4112 546300 1902 Grounds Maintenance 101002 4112 534000 190026 Other Contractual Services $723,978 101003 4113 546300 1902 Grounds Maintenance $831,726 101003 4113 534000 190026 Other Contractual Services $905,903 Total $6,512,057 Revenues (Erosion) 184 3710 331232 JA001 N Emergency Management $30,952 184 3710 334202 JA001 N Dept of Community Affairs-Pub Sfty $1,711 184 3710 331232 JA002N Emergency Management $365,008 184 3710 334202 JA002N Dept of Community Affairs-Pub Sfty $20,167 Total $417,838 Appropriations (Erosion) 184 3710 531000 1902 Professional Services $417,838 Total $417,838 Revenues (Solid Waste) 401 3410 331232 401 3410 334202 Total JA010E JA010E Emergency Management Dept of Community Affairs-Pub Sfty Appropriations (Solid Waste) 401 3410 544100 1902 Total Equipment Rental Revenues (North Hutchinson Utilities) 441 3600 331232 FB002U Emergency Management 441 3600 331232 FE005U Emergency Management 441 3600 331232 FE006U Emergency Management 441 3600 331232 JB001 U Emergency Management 441 3600 334202 JB001 U Dept of Community Affairs-Pub Sfty 441 3600 331232 JC001 U Emergency Management 441 3600 334202 JC001 U Dept of Community Affairs-Pub Sfty Total Appropriations (North Hutchinson Utilities) 441 3600 534000 1902 Other Contractual Services 441 3600 546240 190026 Maintenance - Utilities Fieldwork Total Revenues (5. Hutchinson Utilities) 451 451 451 451 Total 3510 331232 3510 331232 3510 331232 3510 334202 FB002U FE07 AU JB001U , JB001U Emergency Management Emergency Management Emergency Management Dept of Community Affairs-Pub Sfty Page 50[6 $12,304 $680 $12,984 $12,984 $12,984 $4,580 $22,056 $14,388 $11,565 $639 $5,172 $286 $58,686 $17,662 $41,024 $58,686 $13,198 $14,140 $10,552 $583 $38,473 ). Appropriations (S. Hutchinson Utilities) 451 3510 534000 1902 Other Contractual Services 451 3510 534000 190026 Other Contractual Services Total Revenues (North County Utilities) 471 3600 331232 FB002U 471 3600 331232 FF009U 471 3600 331232 FF04BU 471 3600 331232 JB001U 471 3600 334202 JB001U Total Emergency Management Emergency Management Emergency Management Emergency Management Dept of Community Affairs-Pub Sfty Appropriations (North County Utilities) 471 3600 546240 1902 Maintenance - Utilities Fieldwork 471 3600 546240 190026 Maintenance - Utilities Fieldwork Total Revenues (Building Code Fund) 491 2415 331232 JB001H Emergency Management Total Appropriations (Building Code Fund) 491 2415 523000 1902 Group Insurance Total Grand Total Additional Revenues Grand Total Additional Appropriations After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Paula A. Lewis Commissioner Chris Craft Commissioner Joseph E. Smith xxx xxx XXX XXX XXX PASSED AND DULY ADOPTED THIS 22nd DAY OF November, 2005. ATTEST: ..", $11,135 $27,338 $38,473 $6,767 $37,047 $480 $15,142 $837 $60,273 $15,979 $44,294 $60,273 $400 $400 $400 $400 $8,406,038 $8,406,038 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Page 6 of6 ---,. , '-" AGENDA REQUEST ...", ITEM NO. 12D DATE: November 22,2005 REGULAR PUBLIC HEARING CONSENT [ X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Approval of Budget Amendment BA06-1 08 transferring funding to cover General Fund purchase orders that were rolled over from fiscal year 2005. BACKGROUND: At the end of fiscal year 2005, the County had several purchase orders outstanding for items not yet received or services not yet rendered. This budget amendment transfers funding from accounts that were established in the fiscal year 06 budget to cover encumbrances carried forward into the departments that have purchase orders that rolled from fiscal year 2005. FUNDS WILL BE MADE AVAILABLE: 001-9910-599900-800 (Encumbrances Carried Forward) and XXX-991 0-599300-800 (Reserves, various funds) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Amendment 06-108. [ ~ APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED oug Anderson County Administrator COMMISSION ACTION: Coordination/S ignatures County Attorney: -' Management & Budget: ,~y-/J!¡YIj Purchasing: Originating Dept: Soil & Water: Other: Finance: (Check for Copy only, if applicable) XX G:\BUDGETlWP\AGENDA'S\AGENDA06\ll '22'05ENCUMBRANCES.DOC '" t . '-' "wII BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB PREPARED DATE: 11/9/2005 AGENDA DATE: 11/22/2005 :ACC:ºUN'tNU.lì/la~ft ACCOUNT NAME . ,AI~:JN] TO: 001-3715-563000-300 Improvements OIT Buildinqs $17,369 001-3715-551200-300 Equipment < $1000 $8,068 001-3715-564000-300 Machinery & Equipment $4,234 001-3716-531000-3912 Professional Services $1,400 001-1955-546100-100 Buildinq Maintenance $24,979 001-1955-563000-100 Improvements OIT Buildinqs $1,770 001-7220-562005-7650 Buildina-Consulting Engineer $2,975 001-2510-534000-200 Other Contractual Services $14,650 001-2510-599410-200 School Board of St. Lucie County $44,998 107-1940-546100-100 Building Maintenance $25,490 107 -602-564000-6000 Machinerv & Eauipment $87,623 107006-601-551501-6000 Office Supplies-Computer $104,850 107006-601-568000-6000 Softwa re $1,595 491-2415-564000-200 Machinery & Equipment $20,993 102-1510-531000-100 Professional Services $44,343 102-15101-531000-100 Professional Services $37,000 FROM: 001-9910-599900-800 Encumbrances Carried Forward $120,443 107-9910-599300-800 Reserves $113,113 107006-9910-599300-800 Reserves $106,445 491-9910-599300-800 Reserves $20,993 1 02-9910-599300-800 Reserves $81,343 REASON FOR BUDGET AMENDMENT: To transfer funding to cover purchase orders that rolled over from fiscal year 2005 into fiscal year 2006. - CONTINGENCY BALANCE: n/a THIS AMENDMENT: nla REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: BA06-108 DOCUMENT # & INPUT BY: """" '-' AGENDA REQUEST -...I ITEM NO. c 13-A DATE: Nov. 22, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVE THE PURCHASE AND INSTALLATION OF TWO METAL BUILDINGS FROM THURMAN'S OF FT. PIERCE AT $11,330.00 ($5,665.00 EACH) FOR THE PLATT'S CREEK LOCATION. APPROVE EQUIPMENT REQUEST EQ06-216 BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 001-1930-564000-FE025C (Machinery & Equipment) (Hurricane Frances-Platt's Creek) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of two (2) metal buildings from Thurman's, at a total cost of $11 ,330.00, for the Platt's Creek location and approve Equipment Request #EQ06-216. MISSION ACTION: J)(] APPROVED [] [ ] OTHER: Approved 5-0 DENIED nderson County Administrator County Attorney: C) Originating DepC~(c-:2-- Coordination/Signatures Mgt. & BUdget:iJ( Other: Purchasing Mgr.: ~~ Other: Finance: (Check for Copy only. if Applicable) Eff,1/97 H:\AGENDA\AGENDA 89-PLATT'S CREEK METAL SLDGS.DOC · ' '-" ...".I MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: November 22,2005 SUBJECT: APPROVE THE PURCHASE AND INSTALLATION OF TWO METAL BUILDINGS FROM THURMAN'S OF FT. PIERCE AT $11,330.00 ($5,665.00 EACH) FOR THE PLATT'S CREEK LOCATION. APPROVE EQUIPMENT REQUEST EQ06-216 ****************************************************************************** BACKGROUND: On September 5, 2004, Hurricane Frances caused extensive damage to the structure used for storage at the Platt's Creek location. Environmental Lands Department uses this location to house several employees and storage of all of their equipment. As a result of the damage, much of the equipment is now exposed to the elements or covered with tarps. To facilitate the need for storage, staff is requesting approval to purchase and install two (2) 12' x 30' metal buildings ($5,665.00 each) from Thurman's at a total cost of$11,330.00. RECOMMENDATION: Staffrecommends the Board of County Commissioners approve the purchase of two (2) metal buildings from Thurman's, at a total cost of $11,330.00, for the Platt's Creek location and approve Equipment Request #EQ06-216. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2005-2006 DEPARTMENT: DIVISION: Central Services General Maintenance RECOMMENDED: YES APPROVED: YES NO NO REVISED REVISED JUSTIFICATION: As a result of extensive damage to the storage facility at Plait's Creek from Hurricane Frances, equipment and tools are either exposed to the elements or covered with tarps. To provide much needed storage for this location we will need to purchase two (2) 12' x 30' metal buildings. Each building cost $5,665.00, for a total cost of $11 ,330.00 for two. EQUIPMENT REQ#: CSEQ06-216 ACCOUNT#: 001-1930-564000-FE025C 'ÍS/ll/2BB5 13: 12 5F-14544583 THUR~1ANS oct. a 200'ì 10:),-, SLC Central Services PAGE 02 N~, . ! ~,¡ , ...,; St. Lucie County 2300 VIrginIa AVI. Ft. PI.rcII. FL 34982-8652 REQUEST FOR QUOTATION cue DATI!: OQ\QÞ,r 1'.2005 G 4:30 pm lit., pl.... contact (772) to ìClhedule a" Ippolotmant. : r-- THIS IS NOT AN ORDER I PleBSe quole on the following items. Bid price shill be stated 11'1 unlt8 requested and ahalll rem.ln flm1 for sixty (80) calendar days. I , i 12' :Ii 30' Met..1 8ulldlng. e-02...o17737-63C. ¡;XTiiNDED Þ Ice $ .J;',-,,".ao It'TURN THIS ~!QUl8rAND ALL PAOlI! BY TM!! DUll! DATE AND TlMeAIOVI! ElVFA06llMlLE, MAIL, OR DELNliR TO CONTACT PERSON AND ADORESSlFACSIMILE NUllABERAaOVE. ANY ORDERS RESULTiNG FROM THIG ReQUE!ST I"OR QUOTATION WILL BE SUBJECT TO THE TERMS AND CONomONS CONTAINED IN THE CONTRACT OR PURCHASE ORDE", IN&UIU.NCI REQUI~IMINTI: Commerollll Ll.lblllty $1.000,000 p.r OCCUITer\UI, ~:2,OOO,OOO p'" job lI;g.,: Automobile LlablUly 111 ,000.000: Work'r'1 Camp.nullon $1500,000 8PICIFICA TION8 Th. Contractcr 'hili prol/lde tn, fdloWlnjJ .tn/ioes Ie Ih, County: M'IIII building. will h,lJ,lronl roll liP door ¡¡'w x 7'h. liIable \/tnt, rt.t wlndowelld prt-wlred. In.tall on .)(lltlng c;or¡cr.tl .lab and ~ COLlru bUilding muet met wlndload requlremonll. Locallon 01 ¡n.talled metal b~ildln\1' I,: 391ð S\lnrlM Blvd. Fl PI,rot. . ¡ROM : FAX NO '. TSI -FT.PIER~CORPORATION . .. II" D/B/A TED'S SHEDS OF FT. PIERCE P.O. BOX 50929 HEll FT. MYERS, FL 33994 Phone: 772-465-8190 Sold to: DON MCLAM ST LUCIE COUNTY 2300 VIRGINIA AVE FT PIERCE, FL 34982-5652 H: (772) 462-1514 0: (772) 462-1444 SUBTOTAL $6,600.00 SALES TAX $0.00 CONNECT LABOR TOTAL PRICE $6.60000 DEPOSIT RECEIVED $0.00 L30 BALANCE DUE $6,600.00 Building Style/Size: TUFFY -- 1'2.W x 30L Wall ColorlMaterial: /ALUMINUM Trim Color/Material: /ALUMINUM Roof Color/Material: IALUMINUM 0001" Color/Material: IALUMINUM Skid: 2 - Double 2" x 6" '5 Floor: NO FLOOR Frame: 2"x 4" '5 On 16" Centers OPTION DESCRIPTION Raise Walls 12-3/4" per SF =: 3 Lap 9~W X TH Rollup Garage Door White White 12" x 12" Vent 22"W x 36"H White Window 1SW/20UT/20H Package 9'W x 9' 1/2" Diamond Threshold W12 Fax: 772-465-9893 Oct. 11 '35 Ø9:54RM P3 QUO~ION Dated: 10/11/2006 Contract #: 5000-7674 Safes Rep: SCAV Ship to: 3915 SUNRISE BLVD FT PIERCE, FL Specified Wind Speed: 150 MPH Building Use: Serial Number - CUSTOM ORDER Estimated Ship Date II Ted's Sheds assumes no responsibility for condition of concrete slab. Customer Is responsible for concrele slab. QTY 1 1 2 1 1 1 I have reviewed the adjacent dIagram and approve the door loc"tion and all other options aod theIr locations. (InItial here) TERMS OF CONTRACT THIS WRITING £NCUMPASSES ALl OF THE TEHMG, COfIDlTIONS, AGREI'\oIENTS. pROMISES. UNDERTAKINGS, ANa REPRESENTATIONS OFTHE PARlllcS ^ND SHAl.l CONSTITUTEo I HE ENTIRE AGREEMENT AMONG TfiF rARTIES WITH RESPeCT TO THE SUB.lECT MATTER HIÒRETO, NO ASSERTED REPREStNI ATION, STATEMENT, CUSTOM. COURSF OF DEALING, COURSE OF CONDUCT, Oi, OTHER MATTER NOT EXPfŒSSLY PROVlom HEREiN, SHALL CONSTITUTE ANY PART OF THE AGK££Ml'NT OF THE rARTIES WITH ReSPCCT TO THF SUB.JECT MAHER HFREOF. NO EMPLOYEE QF f1"ALF-R 8HALL HAVEPNY RIGHT WHIII SOl'vroR WALTER, AMEND, MODIFY, VAI\Y, ADD TO, TAKE mOM. OR OTtlmWISr: CHANCE THE TERMS Illcl{(OF, EXCEPT INWRIllNG SIGNED BY A DULY AI.llHOHILW OFFICER DF TSI ¡"" "è",\.,II)&low) AND APPENDED TO Till" WRITING. NO SUCH PURPORTF.O CIIANGC SHAll8E RINIlING O.N ANY 01 TED'S SHEilS I"" ",\lio\',O below) OR HAVF AMY FO¡~Cr; or~ [r:r¡:r.T WHATSOEVER. r'or Ptlf¡)Ot.F.r. rrf this AgresmGII{1 Il1û [ùrn\ 'fJp.::;!er' r.N,'311 mean UH::I rolal\ deal~r Ibel1lifrf.d on (hI: front P~\l€. of rhjß Agrs8f11CH\I, ~lI1d Sh8!1 not meEin ciU1C( ¡hA m:=muf¡¡cl.Jror, T~D'B SHEDS, INC.. 8 FIDridatöfpO{;1!iQn ("ì'SP'),lhe dislributur, 131 RFTMI, INC.,;l Florida corporation ("Rc\tlil"), or FlIi.y ölhfirrersil deale¡ or TS! c( Rft.~!\ (Dsa!er, 1SI1 ~I¡)d l~f-(~II sra refarrud lu ¡;ollñ\ill....ely herGin ;;1:; "1 odlt. Shoo'''), "C"OIÒ,"H" "h.1I ooll=C1ivaly 1118"11, jòirllly Dr.OI ,"vo"lIy, .oy parsoo or poroOOG Who .',ignad Ihl8 ,A¡¡re.",.,,¡ or:; Cuoloo\0I', "nd 'Agre8"'6,,1' oholl m03n U\lò Contre,! of B¡rlÙ. {;,,<lomer shell prumpl',y p.y Ihe b:Jl;:ìlìGP, dtlfl !'i!3'1 ftlrth WOllC lo Dealer :':it nmH of :;chedulod delivery. PeF.ler 5hRII no! lJe iCquircd to hold r;¡ny ::mld unit al DC8!cr's loo;?,tlûr, for S/1Y ~øtiod In ~XCP.AR nfTWO (2) week~ Unlf:l56 prior ~(Iang~mp-nr is made wilh Ds¿]!or u!ld pÐymel1l hB~' hRP,fi rCF-de in full. H Ctlsl.omer f;:¡I!R 10 3mm~8 for dÚIÏY'CfY of any unit in eXGEES uf Guch TWO (2} wf.6k period, Cll~tDmer gh...::¡!I pHy Cf¡¡JIOi" c) lale r.h:=J["QfJ or I::IG\-iTFF.N (1H) þ3fccnl per annum on Ihe unl1sid balE:JllclJ lEìscd 0[' lhfl namhsr of d&y;; 8xúóoding sue!' pAdad ccrnmendng 0111110 Oil16 of delivery of the l!!'lit to Ut<.1!cr LInd lElrminelir¡g 0:1l11ß date ~\Jî.h hF.l!EnC9 i$ p;Jld In fu!L CU:::!(Jlhor hereby gran!1i T81 8 ~)\!rI::he.S8 money GGt'Jfily inlf.rep,1 In arid to SUc!l unit ~Ind ¡Joy o\her of Cur-romer'G proporly i,\ p[)~~ef'.~bn of sny of DaEÙec, T{~I, or HB!~U. Custom6r i:; r('~r.C)I1.~lblf' far (i) ob!a¡niOfJ í'lrlY pr.rrdta r:quifGd rOflnf.I:ìI1S\!ün or tllU . ., . , ".. ,hI _ ___!;___~ ,..;¡;.. _._.. _.....:M hi ilirii"" ~d_h-=/"I,- I"I~ ,\Ihnr 'Nllli~""!\lF\t1h1 nf Rr,1J ¡:¡nn:{,J.lt~!f] (I(Jvtrr.menisl authcr¡!y r nl¡) compEènca ~,:¡th .:my covenant. rd5lrlç\lnl'!, eS:Õ~Jr\8{11. .. \'Ii I! I!I II ". 18 ~. ..,.¡ WOOLEY SHEDS INC WOOLEY SHEDS INC 3229 5 US 1 FT PIERCE, FL 34982 772-464-5454 wooleyssheds@aol.com Estimate DATE I ESTIMATE II I 10/1112005 15-41 ¡ADDRESS _ St.Lud~ County 2300 Virginia Ave Ft. Pierce,FI 34982·5652 Ph 772-462'1514 Fax 772·462.·1444 Don McLam 5.11les R/!p Jim L0CJ3tion Ft.Pi"rce ~ . 1 .Les I· 12 . G ! - . Activity Quantity Rete Amount 2. X 30 5S HAND! HOUse - 2 6,295_00 12.,590.00 s three Windows 6 -:2.5.00 '150,00 x18 G~ble vent 2., 30.00 60.00 ARAGE ROU UP DOOR 2 425.00 850.00 i , : . J ¡ I --------......., ".....,...---.....--,------.----'-' .,,----. --- ..., ....----- -.--....." ..' ."-. -- ""--.-. tlmate Is good fDl' 30 days. SUBTOTAL $13,350.00' ..... .~. ..- DISCOUNT (59(,) S -667.50 TAX (6.5%) $0.00 ~~- TOTAL $12,682.50 -.--...... This es Aç~epted By: ACC'epted Date: Customer Sign.ture \ AGENDA REQUEST ""'" ITEM NO. c 13-B ..,-", DATE: Nov. 22, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVE CHANGE ORDER NO.2 TO CONTRACT NO. C04-0B-450 R. K. CONTRACTORS, INC./ PEPPER PARK GRINDER PUMP STATION CONVERSION BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: N/A PREVIOUS ACTION: On September 6, 2005, Item No. c-10 D, the Board of County Commissioners approved Change Order No.1 to Contract No. C04-0B-450, R.K. Contractors, Inc. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.2 to Contract No. C04-0B-450, R.K. Contractors, to increase contract time ninety-five days with a completion date of February 1, 2006, and authorize the Chair to sign the change order as prepared by the County Attorney. MISSION ACTION: [)( APPROVED [] [ ] OTHER: Approved 5-0 DENIED Do nderson County Administrator County Attorn~ ():.' Originating D~~ Finance: (Check for Copy only. if Appiicable) Coordination/Signatures M9~( Other: . { ~ Parks & Recreation Purchasing Mgr.: Other: Elf. 1/97 H,\AGENDA\AGENDA-90 RK CONTRACTORS CO-2.DOC , . ; '-" ,.., MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: November 22,2005 SUBJECT: APPROVE CHANGE ORDER NO.2 TO CONTRACT NO. C04-08-450 R. K. CONTRACTORS, INC. I PEPPER PARK GRINDER PUMP STATION CONVERSION ****************************************************************************** BACKGROUND: On August 10, 2004, the Board of County Commissioners approved entering into Contract No. C04-08-450 with R.K. Contractors for the installation of sewer lines and lift stations for three restrooms. Recognizing that the Navy UDT -Seal Museum sewer system is currently defective and antiquated, on September 6, 2005, the Board approved eliminating the current defective sewer system by connecting to the force main for North Hutchinson Island. The original date of completion on this project was October 29, 2005. In an effort to fully accomplish the task of receiving and installing the additional pump station and obtain certification for final connections and hook-ups of all pump stations, staff is requesting a time extension of ninety-five days for a completion date of February 1,2006, (please see attached). RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.2 to Contract No. C04-08-450, R.K. Contractors, to increase contract time ninety-five days with a completion date of February 1, 2006, and authorize the Chair to sign the change order as prepared by the County Attorney. · ,- '-' """" . Se\Vàg,e andSludgePwnps, Submersible Pepper Park Gri.P.cÍer PIimp StatioÌl .' CoÍ'lVerSiqrt ' . '.. ' Còntraèf#C04-08-450 PurchaseOrdet No. P251069l .' Deái Mr.'White: Werespéétfullyrequest a tin1e extension for substantial completion on theaboye referenèed.pròj~ot to FebI1lafy 1,2006: This date is based upçtn the time neeqed~o .' receive and,ínstall ~eadditional pump station (via ohangeorder nb.l)and~oÖbtaìn . certificati9Jl in·order:toillakethe final connections and hook-upsòf all ptl.rr¡pstätions. , . ,Th~S'ôufÖJYo_~ .consideratiorl Î!l this IIlatter. ..... ådditiónâlinforrri\ltiöÍl.' . . . -,-' .~ .. <; ,.", ~ ".-"'. .,--,,:-,.,'. - "..V, State Certified Under~round UtilityContractors· CU-Ç056834 , 2860 Brocksmith Road· Ft.Pierce, H 34945 . Voice 772.462.0770 . Fax 772.462.0765 " .-¡-. I. ~ \ '.' .1. .. ". ' \ -=.'+-'"'" v.:> {, .TT· . . ..eti1CIQGE ORDER . ST. LUCIE COUNTY PROJECT: (name, address) Pepper Park North AlA Ft. Pierce, FL. '-' > ~ CHANGE ORDER NUMBER: 2 INITIATION DATE: November 4, 2005 TO (Contractor): R.K. Contractors, Inc 2B60 Brocksmith Rd. Ft. Pierce, FL. 34945 CONSULTANTS PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO:C04-0B-450 CONTRACT DATE: August 10, 2004 You are directed to make the fOllowin.gC~~in this Contract: (Additional sheet attached as Exhibit A ~ No) The original (Contract Sum) (Guaranteed Maximum Cost) was .......................... $ Net change by previous authorized Change orders ..................................... $ The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was ....... $ The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or changed) by this Change Order ....................................................... $ The new (Contract Sum) (Gua;ntp.:£ Maximum Cost) including this Change Order will be $ The Contract Time will beairiº- ea~E:) .. (decreased) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: 125,880.00 30,234.22 156,114.22 0.00 156,1~ 1~~~~·'C2006 Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall compnse the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order. including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or rippleeffect on all other non-affected work under this Contract. Signing of the Change Order constitutes fulland mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, sUbject to the current scopeofthe entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equ itable adj ustment to the Contract, and that Contractor wi 11 waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: Central Services St. Lucie County Department 2300 Virginia Avenue, Fort Pierce, FL Address Architect/Engineer Address By Agreed To: R.K. Contractors, Inc. Contractor Date By Date Authorized: St. Lucie County: 2300 Virginia Ave.. Ft. Pierce, FL 34982 2860 Brocksrnith Rd. Ft. Pierce, FL. ~~j'k~lì~ WHITE - VENDOR GOLDENROD - FINANCE 34945 By Approved as to Form and Correctness Date Date County Attorney GREEN - PURCHASING PINK - DEPARTMENT ..... AGENDA REQUEST '""'" ITEM NO. c 13-C / 'w' DATE: Nov. 22, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: 1) APPROVAL OF /Al'ïÃGREËMENT TO USE THE ARCHITECTURALI ENGINEERING SERVICES OF GLE ASSOCIATES, UNDER CONTINUING CONTRACT NO. C05-05-282/ARCHITECTURAL SERVICES, FOR THE CONSTRUCTION OF A NEW 15,000 SQUARE FOOT LIBRARY, LOCATED AT WINDMILL POINT ELEMENTARY CAMPUS, PORT ST. LUCIE, FOR A TOTAL LUMP SUM FEE OF $187,350.00. 2) APPROVAL TO GO OUT FOR RFQ FOR THE SERVICES OF A CONSTRUCTION MANAGER AT RISK TO OVERSEE THE LIBRARY PROJECT. BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: District B Impact Fees 310001-7110-563000-700 (Improvements OfT Buildings) PREVIOUS ACTION: RECOMMENDATION: 1) Staff recommends the Board of County Commissioners approve GLE Associates, under Continuing Contract No. C05-05-282/Architectural Services, to provide professional architectural/engineering services associated with the construction of a new 15,000 square foot library for a total lump sum fee of $187,350.00, authorizing the Chair to sign the ~greemeÚt· ,,-- as prepared by the County Attorney. 2) In addition, staff is seeking the Board's approval to go out for RFQ for the services of a Construction Manager At Risk to oversee this project. MISSION ACTION: DC! APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: f~ . Originating Dep~"'" \y''''" NCE: coordination/Signatures Mgt. & Budget: ~ D u nderson County Administrator £1 Purchasing Mgr.: &~ ¡ Other: Other: Library Eff.1197 Finance: (Check for Copy only, if Applicable) H:\AGENDA\AGENDA-91 NEW LIBRARY.DOC .. '-' ..., MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COŒ\'TY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: November 22, 2005 SUBJECT: 1) APPROVAL OF AN ÃGREEMENT TO USE THE ARCHITECTURAL/ENGINEERING SERVICES OF GLE ASSOCIATES, UNDER CONTINUING CONTRACT NO. C05-05-282/ ARCHITECTURAL SERVICES, FOR THE CONSTRUCTION OF A NEW 15,000 SQUARE FOOT LIBRARY, AT WINDMILL POINT ELEMENTARY, PORT ST. LUCIE, FOR A TOTAL LUMP SUM FEE OF $187,350.00. 2) APPROVAL TO GO OUT FOR RFQ FOR THE SERVICES OF A CONSTRUCTION MANAGER A T RISK TO OVERSEE THE LIBRARY PROJECT. ****************************************************************************** BACKGROUND: As the number of residents in St. Lucie County increases, an additional library branch in Port St. Lucie is needed. The building will consist of 15,000 square feet, single story construction, located at Windmill Point Elementary Campus. GLE Associates, under Continuing Contract No. C05-05-282/Architectural Services, submitted a proposal to 8t. Lucie County to provide professional architectural/engineering services associated with the construction of a new 15,000 square foot library, for a total lump sum fee of$187,350.00. After much discussion with library staff and the County Attorney, it was agreed upon that the assistance and coordination provided by a Construction Manager At Risk to oversee this project would be in the best interest of St. Lucie County, guaranteeing quality work, timely completion of the project as well as remaining within the established budget. District B Impact Fee funding in the amount of $2,700,000 is available, and staff is seeking approval to move forward with this project. RECOMMENDATION: 1) Staffrecommends the Board of County Commissioners approve GLE Associates, under Continuing Contract No. C05-05-282/ Architectural Services, to provide professional architectural/engineering services associated with the construction of a new 15,000 square foot library for a total lump sum fee of$187,350.00, authorizing the Chair to sign the Agreement as prepared by the County Attorney. 2) In addition, staff is seeking the Board's approval to go out for RFQ for the services of a Construction Manager At Risk to oversee this project. · 0G~E ..." Plan. Design. Construct. Maintain October 5, 2005 Mr. Kenneth Hall Project Manager Central Services St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 RE: Proposal for Architectural/Engineering Services New 15,000 square foot Library GLE Proposal No.: 05-20049P (3fd revision) Dear Mr. Hall: GLE Associates, Inc. (GLE) is pleased to submit this proposal to St. Lucie County, hereinafter referred to as the "Owner," to provide professional architectural/engineering services associated with the above-referenced project. This proposal presents the scope of services that we will provide for the project, and presents the fees that we will require to complete the project. UNDERSTANDING Our understanding of this project is based on information provided by the Owner. The Owner intends to construct a new branch library facility. It is anticipated that the building will be an approximate 15,000 square foot, single story structure. The Program requirements have generally been defined, as presented in the schematic design documents for a regional library facility recently prepared for the Owner by the Haskell Company, at another location. It is further our understanding that a total project budget has been established at $3.2 million, excluding furnishings, and equipment. The Owner has indicated that the site is a parcel of land on the existing Windmill Point Elementary School campus. The parcel is adjacent to the existing parent pick-up portion of the site, and accordingly, some modification of the parent pick-up area will take place as part of this project. With this understanding, the Owner has requested GLE to present this proposal to provide the anticipated architectural and building-related engineering services. ;. ~ 'WI Mr. Kenneth Hall GLE Proposal No.: 05-20049P (3rd revision) October 5, 2005; Page 2 SCOPE OF SERVICES 100 Program Evaluation, services providing a preliminary evaluation of the information provided by the Owner including the Owner's Program, budget, and scheduling requirements each in terms of the other 101 Schematic Design, services responding to program requirements and preparing: .01 Review of Owner's Program and Budget .02 Schematic site and building plans .03 Schematic building elevations .04 Preliminary selection of building systems and materials .05 Development of approximate dimensions, areas and volumes .06 Preparation of a Statement of Probable Construction Cost based upon area and volume* 103 Design Development, services consisting of continued development and expansion of architectural Schematic Design Documents to establish the final scope, relationships, forms, size and appearance ofthe Project through: .01 Preliminary plans, sections and elevations .02 Typical construction details .03 Final materials selection .04 Equipment layouts .05 Specifications: a. Development of architectural outline Specifications or itemized lists and brief form identification of significant architectural materials, systems and equipment, including their criteria and quality standards b. Coordination of similar activities of other disciplines .06 Preparation of a Statement of Probable Construction Cost based on building systems* 105 Construction Documents, services consisting of preparation of: .01 Drawings based on approved Design Development Documents setting forth in detail the architectural construction requirements for the Project. .02 Specifications: a. Assistance to the Owner in development and preparation of bidding and procurement information which describes the time, place and conditions of bidding, bidding forms, and the form(s) of Agreement between the Owner and Contractor( s) b. Assistance to the Owner in development and preparation of the Conditions of the Contract (General, Supplementary and other Conditions) c. Development and preparation of architectural Specifications .. '-" ..." Mr. Kenneth Hall GLE Proposal No.: 05-20049P (3rd revision) October 5, 2005; Page 3 d. Coordination of the development of Specifications by other disciplines e. Compilation of Project Manual including Conditions of the Contract, bidding and procurement information and Specifications .03 Confirmation of a Statement of Probable Construction Cost produced during Design Development* .04 Assist the Owner in review of the documents with the Fire Marshall 201 Construction Procurement*, services consisting of: .01 Bidding Materials services consisting of organizing and handling Bidding Documents .02 Addenda services consisting of preparation of Addenda as may be required during bidding or negotiation .03 BiddinglNegotiation services consisting of: a. Participation in pre-bid conference b. Responses to questions from subcontractors and clarifications or interpretations of the Bidding Documents .04 Analysis of Alternates/Substitutions 301 Contract Administration, services consisting of: .01 Submittal Services consisting of: a. Processing of submittals, including receipt, review of, and appropriate action on Shop Drawings, Product Data, Samples and other submittals required by the Contract Documents b. Distribution of submittals to Owner, Construction Manager and/or Architect's Field representative as required. .02 Weekly observation services consisting of visits to the site to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work when completed will be in accordance with Contract Documents; preparing related reports and connnunications .03 Evaluation of Applications for Payment and certification thereof .04 Project Closeout services initiated upon notice from the Construction Manager that the Work, or a designated portion thereofwhich is acceptable to the Owner, is sufficiently complete, in accordance with the Contract Documents, to permit occupancy or utilization for the use for which it is intended, and consisting of: a. Review of the project for determination of Substantial Completion b. Issuance of Certificates of Substantial Completion c. Inspection upon notice by the Construction Manager that the Work is ready for final inspection and acceptance d. Preparation of a punch list and notification to Owner and Construction Manager of deficiencies found in follow-up inspection(s), if any , 'W' -...,J Mr. Kenneth Hall GLE Proposal No.: 05-20049P (3m revision) October 5, 2005; Page 4 e. f. g. h. 1. .05 a. b. Final inspection with the Owner's representative to verify final completion of the Work Determination of the amounts to be withheld until final completion Receipt and transmittal of warranties, affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens Securing and receipt of consent of surety or sureties, if any, to the making of final payment( s) Issuance of Final Certificate(s) for Payment The following services are included within the scope of GLE's Contract Administration Services stated above: up to two (2) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Construction Manager; up to two (2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements ofthe Contract Documents; c. up to one (1) inspection for any portion of the Work to determine final completion. .06 This proposal assumes that the Construction Manager will perform its responsibilities in a timely and professional manner. Therefore, the following items have been excluded from this proposal. These services will be provided by GLE, if requested and compensated by the Owner. a. Exceeding the limits established for the project by the Owner and GLE b. Review responses to the Construction Manager's requests for information (RFI's) when such information is readily available to the Construction Manager from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Construction Manager-prepared coordination drawings, or prior Project correspondence or documentation. Based on the review, provide recommendation to the Owner for the Owner's final decision. c. Review responses to Change Orders and Construction Change Directives requiring evaluation of proposals, preparation of supporting graphic material or revisions to the Contract Documents which are beyond the scope of work as presented in the construction documents. Based on the review, provide recommendation to the Owner for the Owner's final decision. d. Preparation of design and documentation for alternate bid or proposal requests once the construction phase begins *At our initial meeting, GLE and the Owner discussed various project delivery methods (ie: traditional bid, construction management at risk). This proposal is based on delivering the project utilizing a construction manager. Accordingly, the fees indicated above for construction procurement are based on a single bid process involving all of the construction manager's subcontractors. .. '-" ...,¡/ Mr. Kenneth Hall GLE Proposal No.: 05-20049P (3rd revision) October 5,2005; Page 5 COMPENSATION GLE will provide the services described above for a lump sum fee of$ 187,350.00. This fee is has been calculated from, and includes all of the basic services as indicated in, the State of Florida Department of Management Services Fee Schedule for Architectural and Engineering Services (Group B). This fee is further broken down as follows: · Program Evaluation $ 4,000.00 · Schematic Design $ 27,500.00 · Design Development $ 45,840.00 · Construction Documents $ 55,010.00 · Contract Procurement $ 9,160.00 · Construction Administration $ 45.840.00 TOTAL LUMP SUM FEE: $187,350.00 In addition to the costs indicated above, at the Owner's request, GLE has been requested to provide an estimate ofreimbursable expenses that mÍght be incurred as part of the project. GLE estimates reimbursable expenses not to exceed $ 7,500.00. This estimate includes providing the following deliverables to the Owner: · Schematic Design Documents · Design Development Documents · Construction Documents 1 set of reproducib1es/mylars 1 set ofreproducibles/mylars and project manual 1 set ofreproducibles/mylars and project manual 3sets s/s prints for permitting 2 sets of24 x 36 prints 2 sets of 11 x 17 prints As indicated in our initial meeting, in addition to the above, GLE anticipates the following professional services will be required to complete the project: · Civil Engineering Services · Boundary, Topographic Survey · Geotechnical Evaluation Independent of this proposal, GLE has provided your office with a proposal from Culpepper and Terpening for the Civil Engineering and Bounday survey. All of the services indicated above will be completed in accordance with the terms and conditions of our current Agreement for architectural services (St. Lucie County Contract #C05- 05-282). Should this proposal meet with your approval, please provide written authorization to proceed. " ...,. ""'" Mr. Kenneth Hall GLE Proposal No.: 05-20049P (3rd revision) October 5, 2005; Page 6 GLE appreciates the opportunity to submit this proposal, and we look forward to working with you on this exciting project. Should you have any questions concerning the proposal, please do not hesitate to contact our office. Sincerely, GLE Associates, Inc. ((ì7 Craig J. Gardei, AIA Director of Architecture R. Quinn Turner, AIA Director of Orlando Operations CJGIRQT/vd F:\ Work\ProposalsI2005'20049-St. Lucie Library-rev2.doc ~ .." MOSQUITO CONTROL BOARD ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 1, 2005 Tape: 7 Convened: 1 :35 a.m. Adjourned: 1 :36 a.m. Commissioners Present: Chairman, Paula A. Lewis, Frannie Hutchinson, Doug Coward, Joe Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Craft, seconded by Com. Smith to approve the minutes of the meeting held October 11,2005, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA '. It was moved by Com. Coward, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. Warrant List The Board approved Warrant List No. 55, 56, 2,3 and 4. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court " 1l/H/05 FZ}Sn'.;"'<...'< F1Th-:J 145 , . ~ ST. LUCIE COUNTY - BOARD WARRANT LIST #5 - 29-0CT-2005 TO 04-NOV-2005 FUND SUMMARY- MOSQUITO TITLE Hosguito Fund GRAND TOTAL: EXPENSES 98,363.97 98,363.97 ..." PAG:;: PAYROLL 42,392.15 42,392.15 .:. '-" 11/1S/0S ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #6 - OS-NOV-200S TO 10-NOV-200S FUND SUMMARY- MOSQUITO FUND TITLE 14S Mosquito Fund 14S116 FDEP Recreational Trails Program Gr GRAND TOTAL: . EXPENSES 16,29S.94 1,170.00 17,46S.94 ..., PAGE PAYROLL 0.00 0.00 0.00 1 11/18/05 FZABWARR FUND 145 '-' ST. LUCIE COUNTY - BOARD WARRANT LIST #7 - 12-NOV-2005 TO 18-NOV-2005 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund GRAND TOTAL: ~ EXPENSES 23,240.11 23,240.11 ..., PAGE PAYROLL 38,529.71 38,529.71 1 - \//, *'-" AGENDA REQUEST ~ ITEM NO.----1ê Date: November 22, 2005 Regular [ ] Public Hearing [ J Consent [X] TO: MOSQUITO CONTROL DISTRICT PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Impoundment Restoration - Eighth Amendment to May 25,2004 Agreement with Native Technologies, Inc. (C04-05-395) BACKGROUND: See C.A. No. 05-1914 FUNDS A V AIL. (State type & No. oftransaction or N/A): to be made available in account Nos. 145-6230-534000 (Other Contractual Services) - 1904 and 145-6230-534000 (Other Contractual Services) - 6955 and 145-6230- 534000 (Other Contractual Services) - 465015. RECOMMENDATION: Staff recommends that the Mosquito Control District approve the proposed Eighth Amendment to the May 25,2004 Agreement with Native Technologies, Inc., and authorize the Chairman to sign the Eighth Amendment. COMMISSION ACTION: E: [XAPPROVED [J DENIED [ ] OTHER: Approved 5-0 Dougl M. Anderson County Administrator ~ Attorney: ý Coordi na tion/Si!rn atu res ~gt. & Budget: vo"mtV rA vp;;,ChaSing: Originating Dept.: Other: Finance (Check for Copy only, if applicable): \.r' ..." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: St. Lucie County Mosquito Control District FROM: Heather Young, Assistant County Attorney C.A. NO: 05-1914 DATE: November ]6,2005 SUBJECT: Impoundment Restoration - Eighth Amendment to May 25, 2004 Agreement with Native Technologies, Inc. (C04-05-395) BACKGROUND: On May 25, 2004, the Mosquito Control District entered into an agreement with Native Technologies to perform restoration work in the mosquito control impoundments. The agreement as since been amended several times to provide for Native Technologies to repair damage to the impoundments caused by Hurricanes Frances and Jeanne as well as work related to the Indrio Blueway Project. As a result of Hurricane Wilma, it is necessary to further amend the agreement to provide for emergency vegetation removal in the impoundments in order to return them to full operating capacity. Prior to the storm, the contractor had submitted proposals to perform additional mangrove planting and exotic removal in Indrio Blueway, Pepper Park, Wildcat Cove and Blind Creek Park. Attached to this memorandum is a copy of a proposed Sixth Amendment to the May 25, 2004 Agreement which provides for this additional work. The cost of the additional work will not exceed a total of one hundred ninety-five thousand seven hundred twenty and 22/100 dollars ($195,720.22). This will increase the total compensation under the Agreement to an amount not to exceed six million sixty-three thousand nine hundred fourteen and 58/100 dollars ($6,063,914.58). Sufficient funds are available in the project budget to cover these additional costs. RECOMMENDA nON/CONCLUSION: Staff recommends that the Mosquito Control District approve the proposed Eighth Amendment to the May 25, 2004 Agreement with Native Technologies, Inc., and authorize the Chairman to sign the Eighth Amendment. Respectfully submitted, ~~ Heather Young Assistant County Attorney Attachment HY/ \.r' ""'" EIGHTH AMENDMENT TO MAY 25, 2004 AGREEMENT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND NATIVE TECHNOLOGIES, INC. THIS EIGHTH AMENDMENT is dated this dayof ,2005, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida (the "District"), and NATIVE TECHNOLOGIES, INC., a Florida corporation (the "Contractor"). WHEREAS, on May 25,2004, the parties entered into an Agreement wherein the Contractor agreed to perform mosquito control impoundment restoration (the "Agreement"); and, WHEREAS, operation of the mosquito control impoundments is essential to the health, safety and welfare of the residents of S1. Lucie County; and, WHEREAS, on September 28, 2004, the parties entered into a First Amendment to the Agreement which provided for the Contractor to perform emergency vegetation removal and dike and culvert breach repair in the mosquito control impow1dments in conjunction with the aforementioned impoundment restoration following Hurricane Frances; and, WHEREAS, on November 2, 2004, the parties entered into a Second Amendment to the Agreement which provided for the Contractor to perform emergency vegetation removal and dike and culvert breach repair in the mosquito control impoundments in conjunction with the aforementioned impoundment restoration following Hurricane Jeanne; and, WHEREAS, on November 15, 2004, the parties entered into a Third Amendment to the Agreement which provided for the Contractor to perform additional impoundment restoration work as a result of Hurricane Jemme as well as additional impow1dment restoration work required in conjunction with the Indrio Blueways Project; and, WHEREAS, on December 14, 2004, the parties entered into an Amended and Restated Fourth Amendment to the Agreement which provided for the Contractor to perform additional work to restore the impoundments to their original, pre-hurricane profiles, repair existing erosion control devices, and restore erosion control access protection; and, WHEREAS, on February 8, 2005, the parties entered into a Fifth Amendment to the Agreement which provided for the Contractor to perform work to remove additional vegetation in Impoundment 17 A, a/kJa Wildcat Cove, and replace it with native vegetation; and,. WHEREAS, on March 22, 2005, the pm"ties entered into a Sixth Amendment to the Agreement which provided for the Contractor to perform additional vegetation treatment, planting and vegetation mowing in the Indrio Blueway Buffer; and, 1 '-' ..., WHEREAS, on September 13,2005, the parties entered into a Seventh Amendment to provide additional time for the Contractor to complete the work listed in the Sixth Amendment to the Agreement due to inclement weather; and, WHEREAS, the parties desire to further amend the agreement to provide for the Contractor to perform mangrove planting and monitoring as well as exotic and nuisance maintenance at several District sites; and, WHEREAS, due to the danlage cause to District facilities by Hurricane Wilma, It IS necessary to further amend the Agreement to provide for the Contractor to conduct emergency vegetation removal in the impoundments and repair and restoration planting in Blind Creek Park; and, WHEREAS, operation of the impoundments is essential to the health, safety and welfare of the residents of S1. Lucie County. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: I. Paragraph 4 of the Agreement shall be amended to read as follows: 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the District and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of 15 pages. B. Broward Contract, consisting of 12 pages. C. Contractor's Broward Contract Schedule of Unit Prices, consisting of 2 pages. D. Contractor's letter to James R. David dated April 9, 2004, consisting of 1 page. E. Contractor's Memorandum to S1. Lucie County Mosquito Control District dated May 4, 2004, consisting of 2 pages. F. Contractor's Change Order No.1 dated August 19,2004 consisting of2 pages. 2 '-' ...., G. Contractor's letter to James R. David, dated September 22, 2004, consisting of2 pages. H. Contractor's letter to James R. David, dated October 13, 2004, consisting of 2 pages. I. Contractor's letter to James R. David, dated October 28, 2004, consisting of 2 pages. J. Contractor's letter to James R. David, dated September 30, 2004, consisting of2 pages. K. Contractor's letter to James R. David, dated November 15,2004, consisting of 21 pages. L. Contractor's letter to James R. David, dated November 20,2004, consisting of 9 pages. M. Contractor's letter to James R. David, dated November 20, 2004, consisting of 7 pages. N. Contractor's letter to James R. David, dated November 20,2004, consisting of 7 pages. O. Contractor's letter to James R. David, dated November 29,2004, consisting of 7 pages. P. Contractor's letter to James R. David, dated December 3, 2004, consisting of 5 pages. Q. Contractor's letter to James R. David, dated December 6, 2004, consisting of 6 pages. R. Contractor's letter to James R. David, dated December 7, 2004, consisting of 6 pages. S. Contractor's letter to James R. David, dated January 19,2005, consisting of 17 pages. T. Contractor's letter to James R. David, dated January 19,2005, consisting of 17 pages. 3 '-'" ....", U. Contractor's letter to James R. David, dated February 28, 2005, consisting of 2 pages. v. Contractor's letters to James R. David, dated October 6, 2005, consisting of 8 pages. W. Contractor's letter to James R. David, dated November 3, 2005, consisting of 3 pages. X. Contractor's letters to James R. David, dated November 7, 2005, consisting of 3 pages. Y. Insurance Certificate(s) to be provided by the Contractor with an executed original of this Contract. Z. Any modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 2. Paragraph 6 of the Agreement shall be amended to read as follows: 6. TERM OF CONTRACT The Contractor shall begin the work on the mosquito control impoundment restoration within five (5) calendar days after the signing, execution and delivery of written notice to proceed and shall complete all of the work hereunder within one hundred twenty (120) days of the date of the notice to proceed. The parties acknowledge and agree that the Contractor has already commenced work on the emergency vegetation removal and dike and culvert repair work set forth in the Contractor's letter dated September 22, 2004. The Contractor shall complete all work described in the August 19,2004 Change Order and the September 22,2004, September 30, 2004, and November 15, 2004 letters on or before December 31, 2005. The Contractor shall complete all work described in the October 13,2004 and October 28, 2004 letters on or before December 31, 2005. The Contractor shall complete all work described in the November 20, 2004, November 29, 2004, December 3, 2004 and December 6,2004 letters on or before December 31, 2005. The Contractor shall complete all the work described in the January 19, 2005 letters on or before December 31, 2005. The Contractor shall complete all the work described in the February 28,2005 letters on or before December 31, 2005. The 4 \..t ,.." Contractor shall complete ~ll the work described in the October 6, 2005, November 3,2005 and November 7, 2005 letters on or before September 30, 2006. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. In the event the schedule as set forth in the Contract documents is changed, the Contractor shall notify the District, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the District in writing. The Contractor shall perform such additional services hereunder as agreed upon by the Project Managers in accordance with the rates set forth in the Contractor's bid. In the sole opinion of the District, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within tl1e stated time, then the District shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge tbe cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the District shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the District authorizes such payment in writing. As the Contractor's only remedy for delay, the District may grant an extension of the contract time, when a controlling item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the District. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information as appropriate. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall be done by Change Order. 3. Paragraph 7 of the Agreement shall be amended to read as follows: 5 '-" ...., 7. CONTRACT PAYMENT The District shall pay the Contractor for the perf0l111anCe of this Contract upon the rendering of said services in accordance with the Contract Documents, subject to adjustment by change order, the total estimated amount of six million sixty-three thousand nine hundred fourteen and 58/1 00 dollars ($6,063,914.58) in current funds as follows: A. ImpOlmdment Restoration - Not to exceed eighty-seven thousand nine hundred fifty-nine and 00/1 00 dolIars ($87,959.00). . B. Emergency Vegetation Removal - Not to exceed three hundred twenty-three thousand one hundred sixteen and 81/100 ($323,116.81). C. Dike and Culvert Breach Repair - Not to exceed fifty-seven thousand two hundred fifty-one and 69/1 00 dollars ($57,251.69). D. Change Order No. I - Not to exceed seventeen thousand fifty-three and 00/100 dollars ($17,053.00). E. Work described in September 30, 2004 Letter - Not to exceed eighty-seven thousand nine hundred eighty-two and 40/1 00 dollars ($87,982.40). F. Work described in November 15,2004 Letter- Not to exceed one million one hundred forty-nine thousand seventy and 25/1 00 dollars ($1,149,007.25). G. Work describcd in November 20, 2004 Letter for Phase Two Permanent Repairs in Impoundments Nos. 1,2,3,4,5,6,9, lOA, 16A, 17A, 18A, 19A, and 24 - Not to exceed two million seven hundred twenty-two thousand one hundred forty-seven and 99/100 dollars ($2,722,147.99). H. Work described in November 20, 2004 Letter for Phase Two Permanent Repairs in Impoundments Nos. 7, 8B and 8C - Not to exceed two hundred ninety-one thousand five hundred twelve and 48/1 00 dollars ($291, 512.48). 1. Work described in November 20, 2004 Letter for Phase Two Permanent Repairs in Impoundment No. 14B - Not to seventeen thousand three hundred ninety-two and 70/1 00 dollars ($17,392.70). J. Work described in November 29, 2004 Letter for Phase Two Permanent Repairs in Impoundment Nos. 14A - Not to exceed eighty-six thousand nine hundred seventy-three and 89/100 dollars ($86,973.89). 6 '-' ...." K. Work described in December 3, 2004 Letter for Erosion Control-Access Protection in Impoundment No. 14A - Not to exceed one hundred nine thousand four hundred forty-five and 53/100 dollars ($109,445.53). L. Work described in December 6, 2004 Letter for Erosion Control-Access Protection in Impoundment Nos. 1, 2, 3, 4, 5, 6, 9, lOA, l6A, 17 A, l8A, 19A, and 24 - Not to exceed six hundred sixty-seven thousand seven hundred thirty-one and 04/1 00 dollars ($667,731.04). M. Work described in December 7, 2004 Letter for Phase Two Permanent Repairs in Impoundment No. 23 - Not to exceed one hundred sixty-nine thousand four hundred fifty-two and 58/1 00 dollars ($169,452.58). N. Work described in January 19, 2005 Letter for Vegetation Removal at Impoundment No. 17 A - Not to exceed nineteen thousand eight hundred seventy-seven and 00/100 dollars ($19,877.00). O. Work described in January 19,2005 Letter for Planting at Impoundment No. 17 A - Not to exceed eighteen thousand nine hundred forty-six and 00/100 dollars ($18,946.00). P. Work described in February 28, 2005 Letter for Vegetation Treatment, Planting and Vegetation Mowing in the Indrio B1ueway Buffer - Not to exceed fifty-two thousand three hundred forty-five and 00/1 00 dollars ($52,345.00). Q. Work described in October 6, 2005 Letter for Pepper Park Mangrove Planting - Not to exceed one thousand seven hundred three and 00/100 dollars ($1,703.00). R. Work described in October 6, 2005 Letter for Pepper Park Mangrove Monitoring - Not to exceed six thousand four hundred thÏ11y-eightand 00/1 00 dollars ($6,438.00). S. Work described in October 6, 2005 Letter for Wildcat Cove Exotic and Nuisance Maintenance - Not to exceed four thousand seven hundred seventy- six and 00/1 00 dollars ($4,776.00). T. Work described in October 6, 2005 Letter for Indrio Blueway Exotic and Nuisance Maintenance - Not to exceed nine thousand nine hundred eight and 00/1 00 dollars ($9,908.00). T. Work described in November 3, 2005 Letter for Hurricane Wilma Emergency 7 '-' .....,I Vegetation Removal- Not to exceed one hundred forty-nine thousand seven hundred twenty-five and 22/100 dollars ($149,725.22). U. Work described in November 7, 2005 Letter for Restoration of Blind Creek Park - Not to exceed twenty-three thousand one hundred seventy and 00/1 00 dollars ($23,170.00). 4. All other terms and conditions of the Agreement, as amended, are unchanged and shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have executed this Eighth Amendment on the date first above written. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: NATIVE TECHNOLOGIES, INC. BY: SECRETARY PRESIDENT (SEAL) G:\A TTY\AGREEMNT\nti.8a. wpd 8 ,MOSQUITO CONTROL DTQTR TEL:561-462-1565 '-" Nov 14'05 13:04 No.002 P.06 ..., .~ '" , - "::t~!J"';I~rL~'''.JiI()fr('It., ~_.- ~. '. .... .. --. Sf. LUCIE COUNTY ¡140SQUITO CONTROL D¡~PlCT CLIENT: ~. . . p.Ro.rF.(;I:..... PE!!J'Efl PARK MAlVGROVf! PLANTftYG PROJECT LOCA TJON: sr.1UCIE COUNn', FLOR'lDrI - ... -- - - DATE: OC/~/m·lI. 2005 "" - ' S' . . Native Technologies (NT) shall pCrlbl111 the work liS outlined in ACOE p<;nl1Ît numbcr SAJ-2005-3t56(LP.MAM) and \hc: fol1owing scope of services: ~N.CIlO¥t PLANTING; . ,&. 1. Ñ-r'sball provide all labQr. equipment, and supervision necessary for instnllìng twent)::-five (25) Red M~1grovc (Rhi7..ophora mllngle) s'~ed1ings on three foot cctmKt; -.- ;.. FENCE fN~ALLATION: - .- 1. NT stulll install a pl'oleCIL\'e' fence with iI minimum or livo feel in height around - 'ItIe'PW,nted Reo Man8ro~lings OTHER ~D(TIONS..:. , 1. Conl.QIctor shall not be r~~sible for i1çl~ beyond il~ rensm1able con[I'01 or negliFnce by others inchlding inllppl'Opri:1lc r.:n!:!illeerin~ or design. 2. Owner shall be responsiWç fQr obtaining allY and 1111 penuits I'cq\lin:d for the above stated work prior tÒ' NT commencing work ami at 11(1 COSI to Native Ted'llrologies. '!> .- 3. Invoices submitted [or \vork completed shall be pllid withil1 30 dny ofreceìpt. A finance: charge of 1.500%,per 1110nth or an i1l1mwl p'~rceI1tagc rate of 18.000% will be conlputcd on nil past due balllnces. ::. -!-:- .... .-,.-- ..- ,. ~ '=!II:a I .814 Smuh MililAt3! TIRjI, ß\lihli,,~ II' Doorlic.!.J ß",,,,h. fL3.1I4~ '. ..... ¡I,JOt.PO, . 95.¡'~Y6.14 tl· fQ., 9j4.J~n/,~~9 . \\'Ww.I1,,\i\·,:t<:chnnlnSic~i'\è.cl'm .fY .-- -~. . .---~ 51* C:O:ftifi~~c ~'Xl)~ Prmted 01' I,.e!~ pap<*'r (;J. "-=-- - - ....~-_. - -- ...... _. - - .... 7 . =-0- " '.- ":"'Iir .- . -' :V ~ ..... -' - .... 30 - -. ..... .... -~. . -' -~ ~ _iII!~.-- MOSQUITO CONTROL DTcTR TEL:551-452-1555 '- Nov 15'05 9:43 No.OOl P.02 ...., 4. Any incident;!1 activity not explicitly mcntioned in ¡his proposal is excludedJroJl1 the scope of work. 5. This proposal shall he vnl,id for 30 d<1Ys. 6. This work may be I)ìggybackcd 011(0 the School ßOl'Ird öf BrolVard conlract. NOT INCLUDED: I. Maintenance. l11onitoril1!!. uerial photogmµhs. waleI' lind/or soil sampling and associated laboratory analysis, continuous hydrograpl1s. surveys. orange bm"jcude fencing, as-built surveys. I11nintcnal1ce oL'traffk CONTRACT FEE: 1. NT agrees to perform the Mangrovc Plautlng and ¡'cucc Installation services slnted ahove lor [he Slim orS1.70J.UO. ~~ $ Robelt B. Miller Senior Vice President Native Technologies Acceplcd by: -~. .". . 2 MOSQUITO CONTROL DT0TR TEL:561-462-1565 '-' Native· Technolo-ØesTII Nov 14'05 13:n4 No.002 P.O? 'wi ;. ~¡~I,Yi:lsblfl~ ív~.p C ~I\'f.!ll\'f CLIENT: ST. LUCIE COUN]'Y MOSQUITO CONTROL D(URlCT PROJECT: PEPPER PARK MANGllOVE MON1TOR1NG PROJECT LOCA nON ~ ST. LUCIE COUNTY, FLOIUD..I DATE: O~ber 6, 2005 ~ NalÍve Teclmologìcs (NT) shall ::¡)clfonn the work as outlined ill ACOE pent'lit Immber SAJ-2oo5-3156(LP-MAM) and the Ibllowing scope ofser\'Íecs: , s- TIME ZERO REPORT: I. NT shalllHovide 1111 labor, equipment, and supervision m:cessary perfonn n limc zero monitoring and rc~rt. . ~1pNITORlNG REPORTS: I. NT ahall provide alllabor,'equipmcnt and supervision necessary to )erfolTll two setni-annual monitoring and reports for threc years, OTHERCONDITIONS: I. Contractor shall not be responsible for flet:; bcyond ìl5 rem:onabtc cOl1lrol 01' negligence hy others induding inappropriate ellgj1l~~l'íl\g 1)1' design. 2. Owner shall be rc:~pollsibtc for oblainin~ Itny and ull pennitl> re~luircd rot' the ubove stateù work prior to NT commencing work ~.nd 111110 cost 10 Nali\'e Technologies. 3. Invoices $ubmittcd fol' work: completed shall he pa,id whhin 30 day of receipl. A finance charge of 1.500% per month or an ,1I111UIII percentage rate of J 8.000% will be computed on 1111 Pi'S! ~lIe balances. 4. Any ineidcl1lnlllcth'ity I!O! explicitly mcntioned in this "')posal is c;..:cludcd from the $Cope of work. {J/ ,:- , I ~14 SO~lh Milil~ Trnil. Building ~, )"~rlirl,1 ø¢~,;.w~ U8.JOI.l707' 9~.59(,.2.fll' f3X '1~~.~XII.f>}4'" ll'\\'W,n"'ÍI·clc.:hno¡'\gi~inc.CCln\ ~n'f(' c:""¡n¡:Uh: , C:ß·CO.'H9J(1 PllnMd on reqCItG ø"perf~.. ,.... "" .... ---...-- ·MOSQUITO CONTROL DJ~TR TEL:561-462-1565 '- Nov 14'05 13:05 No.002 P.08 ..¡ 5. This ~roPQsal shall be vali~ for 30 days. 6. This work may be piggyba<:ked onto the School Hoard of Broward contracl. NOT INCLUDED: I. Maintenance. aerial phOlogmphs, wnler alld/or soil sampling '\IId associated laboratory analysis, COl1tilluOLis hydrogwphs, SLlrve'ys, omngc barricade fèhcing. as-built surveys, l11uintenlnce of traffic. . CONTRACT FEt: J. NT aø1'ees 10 per[oml1h~ )ïme Zero Report for Ih-: sLIm (,f$1,073.00. 2. NT agrees (0 pcrfol'l11lhe MOllitoril~ l{cJol'ts for $1,073.00 per evenl or n SLIm of $6,438.00 for six ·epo.i'ls. " Submitted by: Accep'lcd by: (jj;) Robt;rt B. Miller Senior Vice Pre5ident Native Tedu\ologies .~ 2 '. ·MOSQUITO CONTROL DT~TR TEL:561-452-1565 . .'- Native '": Technologies™ Nov 14'05 13:05 No.002 P.09 ..." A. '~'~I""'ÓS~V" GI':I~ C""'?A"> CLIENT: Sf. LlJClE COUNTJ' MOS(WlTO CONTROL DISTRICT PROJECT: WILD CA T CO vt:: PROJECT LOCATION: ST:LUClE COUNTY RE: EXOTIC AND NUISIINCE ,'rIAINTENANCE ~ DATE; Ociober 6. 2fJ05 N:lti\'e Technologies, (NT) is 111eQsçd topmvide this )l'oPOS¡¡J in accord~nçç \\'lIh the followlI1g scope of services: MAINTENANCE I. NT shall pcrfonn lour (4) QUílrterly I11llil1lenancc '~VCl1tS of FLEPPC e1(otic ¡¡nd nuisance planl species within the 1 acre planleù arCH. 2. All exotics ¡IUÙ I1U¡~IlIIL:e pton! species wi" be treated in ,hlce, 3. The events will be conducled to insure Ihnt the site COIII;¡ins less Ihan five (5) percent coverage by EPPC cntegory \111e exotic ¡IUd nuisance plant species. ·4. Only EPA cel1ified herbjddcs will he utiliz¡;t! ,md applied under the superxision of Slate orFlodda Lice~ed pcslicìde AppJ¡caIOrS- NOT INCLUDEO: Planting, sodding, seeding and ,mulching, waleI' an\l/or soil $nl11plìn~ and associated laboratory analysis. continuous hydrographs, surveys, orange barricade fencing, surveying, maintenance of traffic, excess soil disposal, (off sile disp05Ul or vegetlltion, erosion controll;, dewatering. trnsh removal. demoliliolns. Io<:alion of underground utilities. fence rcmovnl. I RI4 5o\lIh Mililary Tl'lliI. Ulllldiny (,. ¡J<.'c(licld BCß!:n. ~I. J3.442 .- --- CY S.Utl( CÇrtll""~tlll = <:U·CO!89~(1 ~8RJOI.1707 . 9~.$9~.2~' I . Fn~ 954.4XO.r,249 . \\'W'\·,ßnliv':1.'l:hrtnlo~lc.¡n..,·om .. .:... ~Mt~ ~ I'C~ ~I!IPø ~~ '" ~OSQUITO CONTROL DT~TR TEL:561-462-1565 '- Nov 14'05 13=n6 No.002 P.l0 ...., ... ,- OTHER CONDITIONS: I. NT shall not be responsible for acts beyond ils reasonable conlrol, adverse soil and/or waleI' ql,lality, or negligence by nthers including ìn:1pPl'opl'Ìate el1gineering or design. 2. NT shall nol bé responsible fõr any hydrologic issues related t(1 the site. , ~ 3. Cliclu shall be responsible fOf ohlaíning ilnd paying for any and all pemlils required for Ihe abovc staled work l}I'iol' to eommencemenl of III\! work imd 81 no cost 10 NT. 4. Invoices submitted for waPI\. compleletl shall he pai(1 wilhil), JO;tJ"y of receipt. A finance charge of IS'Yo, pCI' month or ¡In annual pl,;rœnlagc rate of 18.0% will· be computed on all pasl clue b¡danCCß. 5. In the evenlllddition,,1 plllnls, vines, Irees ele. are addc(1 to the ¡':LEPPC "Usl or Invasive Species", NT reselvcs the rìght to adjusllhis contract if I1ddhionnl WO~ is required. . 6. Any incidenlal aclÏvily nOI cxpliçil1y mentioned in Ihis proposal is excluded from Ihe scope of work. 7. Thill proposal :¡h¡tl1 be "II lid ror 30 days. CONTRACT FEES: I. NT agree:; 10 provide Ihe: qûarfcrly lIIaintclldllce se'\'I':e~ for ¡he sum 01'$1,194.00 pCI' c\'cnt for a lornl of $4,776.00 I\ccepled by: . ....-. ",\.. .. . . .. Ro Millc!r Senior Vice President Ni\tive Technologícs Dale:: k''''c. ·c~ D¡le: .' 1 :"':- .".. '-' Native Techno logies TM ..""" ¡, ~','!·;t¥,d~b,~':!: (;.;:;;;; (01~pi!.n/ CLIENT: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT PROJECT: INDRJO BLUEWA Y PROJECT LOCATION: S1: LUCIE COUNTY RE: EXOTIC AIVD NUISANCE MAINl1mANCE DATE: October 6 , 200S Native Technologies, (NT) is pleased 10 provide this proposal in accordance with the folJowing scope of services: MAINTENANCE I. NT shalJ perform four (4) quarterlymaintcnilnce events of FLEPPC exotic and Iluisance plant species within the 10 acre planted areas. 2. Al1 exotics and nuisance plant species will be treated in place. 3. The events will be conducted to insure that tbe site contains less tban five (5) percent coverage by EPPC category one exotic and nuisance plant species. 4. Only EP A certified herbicides wi11 be tltilized and applied under the supervision of State of Florida Licensed pesticide Applicators. NOT INCLUDED: Planting, sodding, seeding and mulching, ",¡¡ter and/or soil sampling and associated laboratory analysis, continuolls hydrographs, surveys, orange barricade fencing, surveying, maintenance of traffic, excess soil disposal, off site disposal of vegetation, erosion controls, dewatering, trash removal, demolitions, location of underground utilities. fence removal. S 14 S"ull1 Mililary Trail. Building (,. D~~rlkld B~"ch, FL .13*12 SŒIt.' Ccní ¡kate ~ CB-COJ894(1 888.301 1707. 954.596.2411 -Fa;.; 954.480,6249' \V~vw.llat¡\'ct~çJlJ101ogje:;î11c.com PrintOd Cf' ree{Clr.rd pDper r@' ~ ...., OTHER CONDITIONS: 1, NT shall not be responsibJe for acts beyond its reasonable control, adverse soil andlor water quality. or negligence by others including inappropriate engineering or design. 2. NT shall not be responsible fÖr i1ny hydrologic issues related to the site. 3. Chent shall be responsible ror obtaining and paying for any and all permits required ror the above stated work prior to eommeneemcnt of the IVork and at no cost to NT. 4. Invoices submitted for work completed shall be paid within 30 day of receipt. ¡.\ finance charge of 15% per month or an annual percentage rate of 18.0% wi] be computed on all past due balances. S. In the event additional plants, vines, trees ete arc added to theFLEPPC "Lisl of Invasive Species", NT reserves the right to adjustlhis contract if additional work is required. 6. Any incidental activity not explicitly mentioned in this proposal is excluded [rom the scope nfwork. 7. This proposal shn.l1 be valid for 30 days. CONTRACT FEES: I. NT agrees 10 provide tbe quarterly maintenance services for the sLIm of$2,477.00 pCI' event for a total of $9.908.00 S""ï"i~. ) LÊ {. -,,/.1 -.,1--'"'- {f::-; ~. çv ....~._._._....."."._-- Rob Mj]]er Senior Vice President Native Technologies Accepted by: .-~'..".'..-.-.-"..'."..~...-. Date: ¡Ö Date: ~'-'-"---'-''''-'-''''''''''''-'' , ..... ~L . ...." ~("Natlve ,~ Technologies'" ...., A \'''e;I_:¡n:::::~bar.~ G'o'Jp (empar, November 3, 2005 Mr. James R. David St. Lucie County Mosquito Control Distrist 3150 Will Fee Road Fort Pierce, FL 34982 Re: St. Lucie 111osqrtito Co/lt/'ol District Hu/'riclIlle /Vilma Emergellcy Vegetatiol/ Removal Dear Mr. David: Pursuant to your request, attached please find a contract between Nativc Technologies, Incorporatcd and Broward COUllty. This contract bears a fee of $1, I 58.89 per acre for cut and chip and $6,170.74 pCI' acre for rcmoval. Based on the acreage of vegetation on thc impoundments, (207,974 lineal feet x 10 feet in width / 43.560 Sq. ft. per acre = 47.74 acres x 1,158.89) + (103,987 lineal fcet x 10 fect ¡;l width / 43,560 Sq. ft. per acrc = 23.87 acres x 6,170.74) for a total cost of $202,620.97. As you will note our cost estimate to the cQunty indicates that NT! will perform this work for a total cost of $]49,725.22. The following is a scope of work for the vegetation removal work on the impoundment dikes and the conditions within which the work will occur. a) Trees that have been blown down and are intel1wined with other vcgetation must be untangled, cut and piled. b) Tree limbs that are broken and or hanging from trccs will be cut and piled in accordance with standard arborist procedures. c) All cut vegetation will be chipped and all cluppings shall be spread over the impoundment dikes. c) Tree stumps that are leaning and or pose a hazard for pedestrian access to the dikes will be mechanically removed and staged at the Isabella staging area. d) Due 10 the linuled access issues s\llTollnding the impoundment dikes, it is required that we utilize smallcr than normal equipment to perfomJ the above tasks. 514 Soulb Mililary Trail. Building (,. Occrlicld ßencb. FL }}442 5RSJO 1.1707 . 954.5%.2411 . Fa, 954.480.6249 . www.l1nti\'c\cchnologicsil1c.colll Slall.' Ct.'rlí1il:illo.; ~ CO-COJ8()"¡() Prm~ed on rE!cych!!d pa.per::~ '-' ...", In closing, thc price quoted for thc impoundment work includes of all Jabal', l11(jterjal, supervision and incidental to eomp]ete the work and is based on a eomparablc contract awarded undcr a competitive bid situation. As we have demonstrated in the past, it is our goal to perform our IVork in an expeditious manner thus producing the work under the estimated budget amount. Should you have any questions or need additional information, please Ict me know. (5'~ Robert B. Miller Senior Vice President '-' Native Technologies SI. Lucie County Mosquito Control Cost Estimate Form Project: Hurricane Wilma FEMA Category A Oebrls Removal Impoundments 1-23 Date: November 1. 2005 Item Quantity Unit Unit Cosll Day Total Cost Labor: Project Manager 36 OY 592.60 $21.333,71 Crew Supervisor . 36 DY 477.60 $17,193,61 Opemtor 58 DY 477,60 $27.700.81 Laborer 59 DY 355,83 $20.994.11 Equipment: Project Manager Truck 36 DY 177.92 $6.404,98 Crew Truck 36 DY 177.92 $6,404,98 Bucket Truck 0 DY 304.42 $0.00 Whole Tree Chipper 0 DY 507.37 $0.00 Brush Chipper 23 DY 338,24 $7.779.61 4 Wheel Dr, Dump Truck 25 DY 314.03 $7.850,64 Off Road Dump 10 OY 1011.35 $10.113.49 Loader 0 DY 611.68 $0,00 I· Bobcat 0 DY 310.78 $0.00 Chain Saws (2 saws x 10 days) 46 OY 25.98 $1.194.95 Backhoe 0 DY 411.17 $0.00 Helicopter ( 4 person + pilot) 0 HR 907.50 $0.00 Oozer 0 DY 1090.50 $0.00 Excavator 18 OY 1264.13 $22.754.33 Material: Coquina Rock 0 TN 12.31 $0.00 Fill Dirt 0 TN 7.14 $0.00 Sill Fence 0 LF 0.27 $0.00 Geotextile Fabric 0 SY 1.61 $0.00 Chipping Yardage 2975 CY 0.00 Total Cost 5149.725,22 Cost oer Cubic Yard 550.33 .."", ·MOSQUITO CONTROL DT~TR TEL:561-462-1565 '-' . attve- Technologies™ Nov 14'05 13'~8 No.002 P.16 ...." ...... .\ l\'f!I.1J'd'tI.l.I'~ &-(II,.D (O'w.!ir.¡ Novomber 7, 2005 Mr. Ja~. R. David Direclor SI. luçic CQUI1ty'Mosquil0 Comrol Dlslns! 31 $0 WiJl Fee Road F0I1 Pierce, Ft 34982 Re: St. Lllde COlII/O' MOlqllito CIJ/ltroi Dlstrltl Bill,,, Creek Pfrm"lIg Dellr Mr. David: PUI'$UBll1 10 )'OIIr requœl for a proposallÐ l'CIIorc ¡he mind Cn:~k projCl:t, II project purehllscd 1\;111 I'cd~ml t\mds, allac!l(!d please /ind 8 contract b4lween NlIth'c lecltnolo¡¡ies. Inc)rpöratcd ~nd The DI'O\\'ard ~ounty School Board. .. . . Thi, c:¡mb1lC! COY1:n lbe planling of natiYt- planl species, The eOl1lnlcl b~m.. 1\ fee of SR, 79 per Co<;o ('Ium. S8.79 per Wax Myrtle and $8.22 ~r Fire Bush. Buscd on!he: plant qUMIÎlies ofßlind Crcck, (I,200" 5R.79 + 1,200 ~ $8.19;' 500 x 53..22) fur 11101.11 COSI of 825,206.011. As you will note uur c08l cstinIDle 10 thc County indiclIlC1i thaI NTI \I'iII pcrfoml this \\'ork for a 10lal COIl ofS23,1?0.00. The followillll jg an ollllim: of the proc:cdun: for the vegel~tìnn r~mm·lIi. dunc rccOll~lfilction and planling work ,I Blind Cß:\:k md Ihl: çondllìoßI wllhin whJch Ihe Ivork \villuceur a) The planl malerial will be deliY1:R!d to IIIe pwnlÏng sile mid singed prior 10 1}IIlnlil1i b) 'rho p(anlltl\1lc¡r¡.lwíl! bc di51riblftod accorùiJlg (0 pl¡¡nt communily 1)'pCS and nalllml gro\\1h patlenlS C) Planling hoIcs will be dug, tile plant removed fo'OllI the: conlail1l::r. \l1¢ holl:' backfilled nml Ihe pl..nt \v;¡I~ in to a\'OÎd air poçke1lll'om dcveJopillg arollnd Ihe rool 5)'81em. d) The plQIIIlncllCrial will be Slaked 1M 11«1. In clolin8;'1ht p~ quoted for the BlindCft!ck Rc;;IOI'ation w(lrk ;/1èI"d<."; (,r.lIlabur.IIJ:llenul, su¡x:r\,u,iulI uml incifk¡Jtal 10 çompk:le the work and is ba:Icd Dn II cUII1J1'1l11blc cunlmel O\\'Mè,c<I undcl' II CQIHI~lilive bid silu¡¡tion. Iv. wo have detnonstralcd in the p;IS~ it i. our pIlto pelfon" 0I1t work. in Illl expcditiolL' manner nnd under the estimated budøct ImOUI1I. Should )'Ou have any questions or I1ccd additionul inforHl<1lion. pleasc 1.:1 .he know. ~ Robort B. Miller Senior Vice Presidcnt 814 Suuth MililllTy·1i:Bil. Buildin£ to· lJe"rlì~M I,~ch. FI.JJ44:! 1I1!1f.301, 17ß7 .. 9~'U9r;.~~ II . fox 9~4A80.r,249 . '\ \''I\'.nnli''~lc':hnoloQiuinc.com s...~ C'eni,l<ot<. çn-ÇflJHQ.u. PrlrWd on IKrç"Ø PI)" ~ ~ : .. .,.' DT0TR TEL:561-462-1565 '-' Nov 14'05 13'~7 No.002 P.14 - Native TechnoloiÏes'M A 'Ñ·~ÐI."" lÎtowa (","Øi~1 CLIENT: Sf. LUCIE COUNTY MOSQUITO CONTROL DISTRICT PROJECT: RESTOR/I TJON PLANTIN(ì OF bLIND CREEK PA/U( PROJECT LOCATION: ST. ~UC1E COUNTY, FLORfDA DATE: NOHlllber 7, 2005 ~ Native TechnQlogies (NT) shall g,çrfonn Ihe work as ulIlIined in the following SCOI>e of services: PLANTING I. NT sha.ll provide all labor, supervision, equipment and material necessary to install plants' 3S 'listed below to create approximately 3.5 acres of coastul hamm,9Ck within the Blin(Crcck Park. '2. The species IInd quantítiesofphmts fire U~ f'ollow~: Wax; Myrtle 1,200 3 Gall011 Fire Bush 500 3 Gall011 Coco Pluot 1,200 3 Gall01 OTHER COND!¡IONS: I. Contractor shall not be responsible for acts beyonù jls reasonable conlrol or negligence by 01he1'5 including inappropriate cngÎnem'ing 01' design. 2. Invoices submitted for work completed sh«1I be paid within 30 doy of reccipt. A finançe charge of 1.500% per month or an ¡Jl1llll:l1 percentage fllte of 18.000% will be computed 011011 past dH balances. 3. Any incidental a~ivity not explicitly Il1cn1Íoncd in this proposal is ~xc\lded from tbescópc ofwor!<. Cy . . I KI~ SÖlllh Mililllry-Tn¡iI.JJLlildll1g ^ . lJ~orndd IkacJl, f(. JJ4.2 - 51... c"",n.at< ~ cp.CO)II~~ Ï\S8,JOI, 1701- \)j~.j9(,.NII . fax 9~~,.¡SO,c;2~9 . \\'w\\'.na¡j\'clccl\nologíc~i"c.cow "'.,ated ~ t.c~ p.tpe"~ . ... .. .... ~.. ~O~QUITO CONTROL DT0TR TEL:561-462-1565 '-' 4. This proposal shnl! be valid for 30 days. Nov 14'05 13'08 No.002 P.15 ...." NOT INCLUDED: . 5. This work mny be piggybncked Onto the School £lool'd ofBJ'ownrd contrnct. I. MaintenAnce, monito'in~. aerial photographs, wotl:r andlor soil :¡umpling <1nd associated laboratory analysis, continuous hydrogmpl1s, surveys, omnge bnrricndc fencing, lis-built :rurveys,lnaintcnllncc oftraftk CONTRAcrFEE~ ' 1. NT agrees to perform the Planting services slaled above tOt Ihesull1 of $23,170.00. $ubmitrc:d by: ~ Robert B. MUleI' Senior Viçe President Native TechnQlogies ï. Acce!)ted by: . ~/ '-" AGENDA REOUEST ITEM NO. 2.Y Date: November 22,2005 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: Bear Point Mitigation Bank - First Amendment to September 19,2000 Bear Point Mitigation Bank Agreement with the Daggett and Koblegard Families BACKGROUND: See c.A. No. 05-1925 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the St. Lucie County Mosquito Control District approve the proposed First Amendment to the September 19,2000 Bear Point Mitigation Agreement, and authorize the Chairn1an to sign the First Amendment. COMMISSION ACTION: CE: [ ¥ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Do gI M. Anderson County Administrator Coordination/SÍlmatures County Attorney Mgt. & Budget: Purchasing: Originating Dept. Other : Other: Finance (Check for Copy only, if applicable): - -. '-" ..."" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: St. Lucie County Mosquito Control District FROM: Heather Young, Assistant County Attorney C.A. NO: 05-1925 DATE: November 16,2005 SUBJECT: Bear Point Mitigation Bank - First Amendment to September 19, 2000 Bear Point . Mitigation Bank Agreement with the Daggetts and Koblegards BACKGROUND: On September 19, 2000, St. Lucie County and the St. Lucie County Mosquito Control District entered into an agreement with the Daggetts and Koblegards for the creation of the Bear Point Mitigation Bank. The agreement provided for a semi-annual distribution of eighty percent (80%) of the funds generated by the sale of mitigation bank credits until the purchase price for the property was paid in full. The families have requested that the agreement be amended to provide for a monthly distribution of their portion of the funds. Staff has reviewed the request and determined that it will not adversely affect the operation of the bank. Attached to this memorandum is a copy of a proposed First Amendment to the Bear Point Mitigation Bank Agreement which provides for monthly distribution of the families' portion of the proceeds beginning with November 2005. RECOMMENDATION/CONCLUSION: Staff recommends that the St. Lucie County Mosquito Control District approve the proposed First Amendment to the September 19, 2000 Bear Point Mitigation Agreement, and authorize the Chairman to sign the First Amendment. RespectfulIy submitted, ~~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Mosquito Control Director Finance Director Management and Budget Director \.r' ...., FIRST AMENDMENT TO SEPTEMBER 19, 2000 BEAR POINT MITIGATION BANK AGREEMENT THIS FIRST AMENDMENT is dated this _ day of , by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, hereinafter referred to as "District", a dependent taxing district of the State of Florida, GEORGE H. DAGGETT, JR. and CATHERINE B. DAGGETT, his wife, RICHARD L. DAGGETT and PHYLLIS P. DAGGETT, his wife, WILLIAM R. DAGGETT and MARTHA B. DAGGETT, his wife, and ESTATE OF MARCIA M. COMILLA, hereinafter referred to collectively as the "Daggetts"; and RUHL W. KOBLEGARD, JR., RUPERT N. KOBLEGARD, III, MARY ANN K. BRYAN, FRANCES K. HARCUS, WENDELL K. BISHOP, LAURA K. HAYES, SINCLAIR JOHN HARCUS, JR., JANE LEE HARCUS HILL, DAVID RUHL HARCUS, RUHL WENDELL KOBLEGARD, III, and CHRISTINE KOBLEGARD PYLES, hereinafter referred to collectively as the "Koblegards". WHEREAS, on September 19, 2000, the parties entered into an agreement, hereinafter referred to as the "Agreement" for the creation of the Bear Point Mitigation Bank, hereinafter referred to as the "Bank"; and, WHEREAS, the parties desire to amend the Agreement to provide for monthly distribution of mitigation bank credit sales to the Daggetts and the Koblegards. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parÚes agree to amend the Agreement as follows: 1. Paragraph 4. DISTRIBUTION OF MITIGATION BANK CREDIT shall be amended to read as follows: 4. DISTRIBUTION OF MITIGATION BANK CREDIT SALES. A. The parties agree that the County shalJ annually distribute to the Daggetts and Koblegards a total of 80% of the funds generated by sale of credits from the mitigation bank until such time as the total purchase price is paid in full. The Daggetts shall receive 23.7% of the annual distribution to the Daggetts and the Koblegards. The Koblegards shall receive 76.3% of the annual distribution to the Daggetts and the Koblegards. These payments shall be credited against the purchase prices set forth above in Paragraph I. The County shall retain 20% of the funds generated annually by the operation of the mitigation bank for the restoration, operation, and administration of the mitigation bank, and escrows required by the pennits, if any, whether temporary or in perpetuity. For the period September 19, 2000 through and including November 1,2005, the County shall disburse any monies pursuant to this paragraph semi-annually on or before November 1 st and May 1 st. -1- 'w ...., BegimlingNovember20, 2005, and thereafter monthly on or before the twentieth day of each month based upon credit reservations and purchases during the previous month. The County agrees that until the Daggetts and Koblegards are paid the amount identified in Paragraph I that the County shall not directly or indirectly itself or through any of its districts (dependent or independent), departments or agencies, operate, maintain or participate in another saltwater mitigation bank or any such similar enterprise or until all credits have been sold in the mitigation bank, whichever first occurs. The County agrees to actively market the availability of credits in the mitigation bank. In the event the State of Florida no longer pennits the purchase of mitigation bank credits as a means of achieving required mitigation or in the event no credits are sold within ten (10) years from the date of this Agreement, the County may pay the remaining amount of their respective purchase prices to the Daggetts and the Koblegards either in a lump sum or in equal amounts bearing interest at 6% per year over a tenn not to exceed ten (10) years. If the County chooses to make periodic payments, the County shall deliver a note to the Daggetts and the Koblegards evidencing the County's obligation. The note shall not be secured by a pledge of the full faith and credit ofthe County or secured by a mortgage of property owned by the County. In the alternative, if the County determines not to purchase the property, the County shall reconvey to the Daggetts and Koblegards respectively that portion of the properties for which the Daggetts and the Koblegards have not been compensated as of the date of the reconveyance based upon the percentage of credits sold as of such date, subject to the Daggetts and Koblegards simultaneously granting to the District an easement for mosquito and sandfly control activities which shall be irrevocable for a period of one (I) year and thereafter, revocable by the owners upon thirty (30) days prior written notice. The transfer shall be by warranty deed and the title conveyed shall be as when originally transferred to the County. The County agrees to take no action that would adversely impact the title as it exists when conveyed to the County. The County further agrees for itself and all its agencies that if the retransfer occurs that the initial transfer shall not be construed to have waived, released or adversely impacted in any way any rights appurtenant to the land, including rights vested therein in the owners if any. The County and the District shall construct no additional improvements on the property while subject to such easement without the prior written consent of the Daggetts and the Koblegards. In order to ensure most effective management, the property retained by the County shall be adjacent to the Bear Point Sanctuary or such other property owned by the County or the District as of the date of this Agreement. 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. -2- '-' ..., IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials as ofthe day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: RICHARD L. DAGGETT, as agent for the Daggetts RICHARD L. DAGGETT -3- ..... ....,¡ WITNESSES: RUPERT N. KOBLEGARD, III, as agent for the Koblegards RUPERT N. KOBLEGARD, III g:\atty\agrcemnt\l a-bea r .poin t.05.A. wpd -4- , " AGENDA REQUEST .., ITEM NO. 3A DATE: November 22,2005 REGUlAR n PUBLIC HEARING 0 CONSENT LX] TO: Mosquito Control District Board PRESENTED BY: SUBMITTED BY (DEPT): !dosqui to Control James R. David Director ~unty Attorney: ~ V:~1ginating Dept: Finance: (copies nly): SUBJECT: BACKGROUND : I/'UNDS AVAIL. : PlU:VIOUS ACTION: RECœeŒNDATION: COMNXSSION ACTION: [Xl [ ] APPROVED OTHER: Approved 5-0 Authorize execution from the Florida Program(FIND) . of Resolution 05-003, in the amount of $25,000, Inland Navigation District Waterways Assistance Ocean Bay is a 33.8 acre site with over one-thousand feet of beach frontage on both the Indian River and the Atlantic Ocean. The Ocean Bay Preserve is located on South Hutchinson Island, and is owned and managed by St. Lucie County. The above project includes construction of a fishing pier providing access to the Indian River Lagoon. The structure has received federal and state permitting approvals. The grant project also includes funding for educational signage. Will be made available in 145827-6230-563000-7646 Imp OfT Bldg - FIND Ocean Bay On 2/22/05 Grant, on agreement. the Board approved application for and acceptance of the FIND 10/31/05, the BOCC Chairperson executed the FIND grant Staff recommends the Board authorize the Chairperson to execute Resolution 05-003, in order to budget grant funds from the Florida Inland Navigation District Waterways Assistance Program, in the amount of $25,000.00. [ DENIED ~ Coordination/si ~ , Budqet: PUblic Works: ~rahas1ng: ø / otber: - / "I \.r' ,.." MEMORANDUM TO: FROM: DATE: SUBJECT: Mosquito Control District Board James R. David, Mosquito Control Director November 16, 2005 Authorize execution of Resolution 05-003, in the amount of $25,000.00, from the Florida Inland Navigation District Waterways Assistance Program (FIND) BACKGROUND: Ocean Bay is a 33.8 acre site with over one-thousand feet of beach frontage on both the Indian River and the Atlantic Ocean. The Ocean Bay Preserve is located on South Hutchinson Island, and is owned and managed by St. Lucie County. The above project includes construction of a fishing pier providing access to the Indian River Lagoon. The structure has received federal and state permitting approvals. The grant project also includes funding for educational signage. Local Match is to be provided by the Indian River Lagoon Ucense Plate Program ($9.420.00), and the Mosquito Control District ($18,108.00). RECOMMENDATION Staff recommends the Board authorize the Chairperson to execute Resolution 05- 003, in order to budget grant funds from the Florida Inland Navigation District Waterways Assistance Program, in the amount of $25,000.00. . '" . '-" """" RESOLUTION NO. 05-003 WHEREAS, subsequent to the adoption of the St. Lucie County Mosquito Control District Board budget, certain funds not anticipated at the time of the budget have become available from the Florida Inland Navigation District (FIND) Ocean Bay Preserve Improvements in the amount of $25,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Mosquito Control District board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Mosquito Control District Board of st. Lucie County, Florida, in meeting assembled this 22"d day of November, 2005, pursuant to Section 129.06 (d), Florida Statutes. such funds are hereby appropriated for the fiscal year 2005-2006, and the District's budget is hereby amended as follows: REVENUES 145827 -6230-337710-7646 Florida Inland Navigation District $25.000 APPROPRIATIONS 145827 -6230-563000-7646 Improvement OfT Buildings $25.000 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula A. lewis, Vice Chairperson Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Chris Craft xxx xxx XXX XXX XXX PASSED AND DULY ADOPTED THIS 22nd DAY OF NOVEMBER, 2005. ATTEST: MOSQUITO CONTROL DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIRPERSON APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY · ~ '_.- \ AGENDA REQUEST .., ITEM NO. 38 DATE: November 22,2005 REGULAR 0 PUBLIC HEARING 0 CONSENT (X] TO: Mosquito Control District Board PRESENTED BY: SUBMITTED BY (DEPT): Mosquito Control James R. David Direotor SUBJECT: BACKGROUND : I'UNDS AVAIL.: PlŒVIOUS ACTION: RECONŒNDATION : COHMŒSSION ACTION: [XI [ ] APPROVED OTHER : Approved 5-0 Authorize execution of Resolution 05-004, in the amount of $20,000, from the Florida coastal Management Program (FCMP), and Resolution 05-005, in the amount of $20,000, from the Florida Inland Navigation District Waterways Assistance Program (FIND). Indrio Blueway (aka. OJ Wilcox Natural Area) is a 105-acre preserve located east of Old Dixie Hwy on the west side of the Indian River Lagoon. The preserve is owned and managed by St. Lucie County. The above project includes construction of one fishing pier, providing access to the Indian River Lagoon. The structure has received federal and state permitting approvals. The grant project also includes funding for educational signage. Will be made available in 145825-6230-563000-6955 Imp O/T Bldg - FIND Indrio Blueway and 145117-6230-563000-6955 Imp O/T Bldg - NOAA Indrio B1ueway On 2/22/05 Grant, on agreement, agreement. the Board approved application for and acceptance 10/26/05, the BOCC Chairperson eXecuted the on 7/12/05 the BOCC Chairperson executed the of the FIND FIND grant FCMP grant Staff recommends the Board authorize the Chairperson Resolutions 05-004 and 05-005, to budget grant funds from coastal Management Program and the Florida Inland Navigation the amount of $20,000.00 each. to execute the Florida District, in ] DENIED Do Anderson county Administrator i.&." ~- F~ ~ig1natinq Dept: Finance: (copi only) : COOrdination/Si~.s tA(qt & Budqet:iJt. Pabl:l.c Works: 4/ ~rchasing: other: '-" ." MEMORANDUM TO: FROM: DATE: SUBJECT: Mosquito Control District Board James R. David, Mosquito Control Director November 16, 2005 Authorize execution of Resolution 05-004, in the amount of $20.000. from the Florida Coastal Management Program (FCMP), and Resolution 05-005, in the amount of $20,000, from the Florida Inland Navigation District Waterways Assistance Program (FIND) BACKGROUND: Indrio Blueway (aka. DJ Wilcox Natural Area) is a 1 05-acre preserve located east of Old Dixie Hwy on the west side of the Indian River Lagoon. The preserve is owned and managed by St. Lucie County. The above project includes construction of one fishing pier, providing access to the Indian River Lagoon. The structure has received federal and state permitting approvals. The grant project also includes funding for educational slgnage. RECOM~ENDATlON Staff recommends the Board authorize the Chairperson to execute Resolutions 05- 004 and 05-005, to budget grant funds from the Florida Coastal Management Program and the Florida Inland Navigation District, in the amount of $20,000.00 each. "-'" ..., RESOLUTION NO. 05-004 WHEREAS, subsequent to the adoption of the SI. Lucie County Mosquito Control District Board budget, certain funds not anticipated at the time of the budget have become available from the Florida Coastal Management Program (FCMP), Dept of Environmental Protection in the amount of $20,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the SI. Lucie County Mosquito Control District board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Mosquito Control District Board of SI. Lucie County, Florida. in meeting assembled this 2200 day of November 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2005-2006, and the District's budget is hereby amended as follows: REVENUES 145117-6230-331393-6955 National Oceanic & Atmos. Admin. $20,000 APPROPRIATIONS 145117 -6230-563000-6955 Improvement OIT Buildings $20,000 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula A. Lewis, Vice Chairperson Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Chris Craft xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 22nd DAY OF NOVEMBER, 2005. ATTEST: MOSQUITO CONTROL DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIRPERSON APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ," .. . ~ ., RESOLUTION NO. 05-005 WHEREAS, subsequent to the adoption of the SI. Lucie County Mosquito Control District Board budget, certain funds not anticipated at the time of the budget have become available from the Florida Inland Navigation District (FIND) Indrio Blueway Preserves in the amount of $20,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the SI. Lucie County Mosquito Control District board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Mosquito Control District Board of SI. Lucie County, Florida, in meeting assembled this 22nd day of November 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2005-2006, and the District's budget is hereby amended as follows: REVENUES 145825-6230-337710-6955 Florida Inland Navigation District $20,000 APPROPRIATIONS 145825-6230-563000-6955 Improvement OfT Buildings $20,000 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula A. Lewis, Vice Chairperson Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Chris Craft xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 22nd DAY OF NOVEMBER, 2005. ATTEST: MOSQUITO CONTROL DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIRPERSON APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST ~ ITEM NO. C-3C DATE: November 22,2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Mosquito Control District Board PRESENTED BY: SUBMITTED BY (DEPT): Mosquito Control James R David Director SUBJECT: Revised cost for Equipment Request No. EQ06-072 and EQ06-073 6,000 GPM Electric Pumps BACKGROUND: Two 6,000 GPM electric pumps were approved as part of the FY'06 Budget pro'cess, for use at Ocean Bay Preserve (Impoundment 9). These pumps are also being used toward local match for the Indian River Lagoon Ucense Plate Grant. As a result of the Bid process (Bid 05-014), Contract No.C05-04- 288, set the new price for the pumps at $19,900.00 each, an increase of $1 ,910.00 per pump overthe original budget estimate. Existing funds are available in Machinery & Equipmentto cover this increase, due to a reduction in proposed telemeby equipment costs (EQ06-077). FUNDS AVAIL.: 145-6230-564000-600 Machinery & Equipment PREVIOUS ACTION: Equipment Requests EQ06-072 and -073 approved as part of FY'06 budget RECOMMENDATION: Staff recommends that the Board approve an increase in the budgeted amount for Equipment Request No.'s EQ06-072 and EQ06-073 Qn the amount of $1 ,91 0.00 for each pump), bringing the total cost of each pump purchased to $19,900.00, to account for the increase in pump costs resulting from Bid 05- 014. [ XAPPROVED [] OTHER: [ J DENIED COMMISSION ACTION: Approved 5-0 Dou Anderson County Administrator . gøunty Attorney: VOrlglnatlng DePt;~ .r- Finance: (copies on . Coordination/Sianatures u.t(tÍ. Budget: Public Works: ~asing: Other: '-'" ...,/ MEMORANDUM TO: FROM: DATE: SUBJECT: Mosquito Control District Board James R. David, Mosquito Control Director November 22, 2005 Revised cost for Equipment Request No. EQ06-072 and EQ06-073 6,000 GPM Electric Pumps BACKGROUND: Two 6,000 GPM electric pumps were approved as part of the FY'06 Budget process, for use at Ocean Bay Preserve (Impoundment 9). These pumps are also being used toward local match for the Indian River Lagoon License Plate Grant. As a result of the Bid process (Bid 05-014), Contract No.C05-04-288, set the new price for the pumps at $19,900.00 each, an increase of $1,910.00 per pump over the original budgêt estimate. Existing funds are available in Machinery & Equipment to cover this increase, due to a reduction in proposed telemetry equipment costs (EQ06-077). .. RECOMMENDA nON Staff recommends that the Board approve an increase in the budgeted amount for Equipment Request No.'s EQ06-072 and EQ06-073 (in the amount of $1 ,91 0.00 for each pump), bringing the total cost of each pump purchased to $19,900.00, to account for the increase in pump costs resulting from-Bid 05-014. 'IIIr ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2005-2006 DEPARTMENT: DIVISION: MOSQUITO CONTROL MOSQUITO CONTROL RECOMMENDED: YES APPROVED: YES NO REVISED NO REVISED JUSTIFICATION: A spare pump is needed for impoundment operations. ." EQUIPMENT REQ#: EQ06-072 ACCOUNT#: 145-6230-564000-600 .....,. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2005-2006 DEPARTMENT: DIVISION: MOSQUITO CONTROL MOSQUITO. CONTROL RECOMMENDED: YES APPROVED: YES NO NO REVISED REVISED A spare pump is needed for impoundment operations. ., EQUIPMENT REQ#: EQ06-073 ACCOUNT#: 145-6230-564000-600 '-" ...." EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 1, 2005 Tape: 7 Convened: 1 :37 a.m. Adjourned: 1 :38 a.m. Commissioners Present: Chairman, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Chris Craft, Joseph Smith Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Coward, seconded by Com. Smith, to approve the minutes ofthe meeting held October 11, 2005, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA .,. It was moved by Com. Coward, 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. 55,56,2,3 and 4. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 11/04/05 FZABWARR FUND 184 '-' ST. LUCIE COUNTY - E2~~ WARRANT LIST #5 - 29-0CT-2J05 TO 04-NOV-2005 FUND S~~~y- E~OSION TITLE Erosion Control Operating Fund GRAND TOTAL: '! ~ EXPENSES 1,748.55 1,748.55 """ PAGE PAYROLL 4,999.04 4,999.04 1 '-" ..., 11/15/05 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #6 - 05-NOV-2005 TO 10-NOV-2005 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 1,542.99 0.00 GRAND TOTAL: 1,542.99 0.00 ~ 1 ..... "tttII 11/18/05 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #7 - 12-NOV-2005 TO 18-NOV-2005 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 1,652.75 4,473.08 GRAND TOTAL: 1,652.75 4,473.08 1 --, \ V' ~ COUNT'~ ~ AGENDA REQUEST ...,.¡ ITEM NO. C-2A Date: November 22, 2005 '-' REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 PRESENTED BY: æJ~',A ~j(k~iL Richard A. Bouchard, P.E. Erosion District Manager TO: ST. LUCIE COUNTY EROSION DISTRICT SUBJECT: Professional Marine and Engineering Consulting Services for Artificial Reefs: Approval of contracts with the three top ranked firms. BACKGROUND: S1. 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 reguired for future deployments, inventory of existing reef sites, and other technical issues. On July 12 h the Board approved the advertisement of proposals from qualified consulting firms for professional services related to artificial reefs. The subject RFP (#05-086) 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. On September 2ih the Board approved staff's ranking and authorized permission to negotiate with the top ranked three firms. Staff requests Erosion District Board approval of the attached contracts with Taylor Engineering, Inc., Lee E. Harris, P.E., Ph D., and Marine Resources, Inc. FUNDS: N/A. PREVIOUS ACTION: July 12,2005: Board approved advertisement of RFP related to consulting services for artificial reefs. September 27, 2005: Board approved ranking and authorized permission to negotiate contracts. RECOMMENDATION: Staff requests Erosion District Board approval of the attached contracts with Taylor Engineering, Inc., Lee E. Harris, P.E., Ph D., and Marine Resources, Inc. and execution of said contracts by the Chairperson. [X APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED COMMISSION ACTION: Dou a Anderson County Administrator [xJCounty Attorney [x]Originating Dept. Public workS~ . )t. CoordinationlSla natures []Fiscal coordinator----J3Ju1..- [x]Purchasing De~ []Mgt. & Budget /7 [x]Marine Resource coorø:. '/, // · ~ ~ " """ ~ AGREEMENT THIS AGREEMENT, made and entered into this day of , 2005, by and between ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of Florida, hereinafter referred to as the "District", and TAYLOR ENGINEERING, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, the District desires to retain the professional services of the Consultant to provide marine and engineering services for artificial reefs; and, WHEREAS, the Consultant desires to provide the District with such services. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. GENERAL SCOPE OF THIS AGREEMENT The relationship of the Consultant to the District will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the District and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices generally acceptable within the industry and good ethical standards. 2. SCOPE OF WORK A general scope of work to be preformed by the Consultant under this Agreement is set forth in the Scope of Work attached hereto and made a part hereof as Exhibit "A". Specific projects will be addressed in individual Work Authorizations. 3. PROJECT MANAGER The Project Manager for the District is James Oppenborn at (772) 462-1713. The Project Manager for the Consultant is Steven Schropp at (904) 731-7040. The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. The Project Manager, however, has no authority to approve or execute change orders. 4. TERM The term of this Agreement shall be for a period of two years from the date of this Agreement, provided, however, that the parties may extend the term for two (2) additional one (1) year periods upon prior written agreement. If this Agreement is terminated as provided herein, the Consultant shall be paid in accordance with the provisions of all applicable Work Authorizations for all authorized work performed up to the date of termination. -1- .. '-" 'wi 5. TIME OF PERFORMANCE The time of performance shall be set forth in each individual Work Authorization. 6. COMPENSATION The Consultant shall be compensated for all services rendered under this Agreement shall be computed in accordance with one or a combination of the methods outlined below: A. Hourlv Rate The Consultant shall be compensated based upon the Fee Schedule attached hereto and made a part hereof as Exhibit "6" for each hour of time engaged directly in the work. 6. Lump Sum Fee The fee for any requested portion of work may be a lump sum mutually agreed upon by the parties and stated in the Work Authorization. C. Time and Expense The Consultant may be compensated for certain work based upon time and expense. This shall be based upon a not-to-exceed amount as mutually agreed upon by the parties and stated in the Work Authorization. D. Reimbursable Expenses The Consultant shall be compensated for certain work related expenditures not covered by fees for services, provided such expenditures are previously authorized by the District. The Consultant shall be compensated for such reimbursable expenses at a rate of 1.0 times (direct cost) expenses including: (1) Expenses for document reproduction, rental of specialized equipment, and purchase of specialized instruments necessary for the efficient performance of the work, provided such instruments remain the property of the District upon completion of the work. (2) Reasonable and customary expenses for travel and associated expenses for transportation and subsistence subject to the limitations set forth in Section 112.061, Florida Statutes. Reimbursement for lodging expenses shall not exceed fifty and 00/100 dollar ($50.00) per night unless otherwise approved in advance by the District's Project Manager. The District shall not reimburse the Consultant for out of county travel, transportation, or subsistence unless the out of county travel has been approved in advance by the District's Project Manager. E. Special Eaulpment Compensation for any special equipment required for work to be performed by the Consultant pursuant to this Agreement as identified in the rate schedule set forth in Exhibit "6", or otherwise shall be identified in specific Work Authorizations. -2- \wi 'wi F. Subcontractor Fees The Consultant shall be compensated for the fees and reimbursable expenses of subcontractors at a rate of 1.00 times actual subcontracted fees and expenses in accordance with the provisions of Paragraph 6 when the Consultant is compensated by other than a lump sum fee. Subcontractors shall be subject to the approval of the District as herein provided. All invoices presented to the District for payment shall be on a Request for Payment form approved by the District. 7 . DEFAULT: TERMINATION A. For Cause If the Consultant fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the Consultant fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. The following items shall be considered a default under this Agreement: (1) If the Consultant should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Consultant disregards laws, ordinances, or the instructions of the Project Manager or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. B. Without Cause The District may terminate the Agreement without cause at any time upon fifteen (15) calendar days prior written notice to the consultant. In the event of termination, the District shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. Upon such termination, the Consultant waives any claims for damages from the termination without cause, including without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Consultant, the District shall compensate the Consultant for all authorized Work satisfactorily and responsibly completed through the termination date. 8. FORCE MAJEURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, -3- '-"' 'WII lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and District shall compensate Consultant at the rates set forth herein, for the services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 9. ASSIGNMENT The District reserves the right to freely assign this Contract. The Consultant, however, shall not assign this Contract to any other persons or firm without first obtaining District's written approval. In addition, the Consultant shall not have the right to assign any or all of its rights and interests under this agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the District. For purposes of this paragraph, a transfer of substantially all interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entitity. Any attempt to effect an assignment without District's prior written consent shall be deemed a default subject to the remedies provided herein. 10. SUBCONSULTANTS AND SUBCONTRACTORS In the event the Consultant requires the services of any subconsultant, subcontractor or professional associate in connection with the services to be provided under this Agreement, Consultant shall secure the written approval of District Project Manager before engaging such subconsultant, subcontractor or professional associate. 11. AUDIT The Consultant agrees that the District or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Agreement. The Consultant agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the District the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 12. PUBLIC R.ECORDS The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. 13. INSURANCE Commercial General Liabilitv The Consultant shall maintain, and prior to the commencement of this contract, provide -4- '-' 'wi the District with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence¡ 2) fire damage for limits of not less than $100,000 per occurrence¡ 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the District will be given a thirty (30) day written notice of cancellation or non-renewal and include District as an additional insured. Business Auto Liabilitv The Consultant shall maintain and, prior to commence of this contract, provide the District with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury and property damage) per accident and (2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the District will be given a thirty (30) day written notice of cancellation or non-renewal and include District as an additional insured. Worker's Compensation The Consultant shall maintain and provide, prior to commence of this contract, provide the District with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000.00 for accidents or disease. The policy shall also provide the District will be given a thirty (30) day written notice of cancellation or non-renewal. 14. INDEMNIFICATION The Consultant covenants and agrees at all times to save, hold, and keep harmless the District, its Officials, Employees, and Agents, and indemnify the District, its Officials, Employees, and Agents, against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Consultant's performance of this Agreement. Only those matters which are determined by a final, nonappealable judgment to be the result of the negligence of the District or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Consultant shall be excluded from the Consultant's duty to indemnify the District, but only to the extent of negligence of the District or such third party. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 15. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 16. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps -5- '-' ....I (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 18. NOTICE All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To District: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 As To The Consultant: Taylor Engineering, Inc. 9000 Cypress Green Drive, Suite 200 Jacksonville, FL 32256 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 19. COMPLIANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. 20. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Consultant shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which District determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. -6- '-' 'wi 21. NON-WAIVER The rights of the. parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 22. CONFLICT OF INTEREST The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the District in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion of the District as to whether the association, interest or circumstance would, in the opinion of the District, constitute a conflict of interest if entered into by the Consultant. The District agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the District, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the District shall so state in the notification and the Consultant shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the District by the Consultant under the terms of this Agreement 23. LITIGATION SERVICES It is understood and agreed that the Consultant's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the District and the Consultant describing the services desired and providing a basis for compensation to the Consultant. 24. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Agreement or a question of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Consultant and the District or its Project Manager. At all times, the Consultant shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the termination of the District or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. The County Administrator shall decide any dispute that is not resolved by mutual agreement and shall reduce the decision to writing. The decision of the District shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not to be supported by substantial evidence. 25. MEDIATION Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. -7- \.to. 'WtI Lucie District. The parties shall share equally the fee of the mediator. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 26. INTERPRETATION: VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: TAYLOR ENGINEERING, INC. BY: PRESIDENT SECRETARY (SEAL) -8- 2-1 '-"' 'WI STATEMENT OF WORK PART II SCOPE OF WORK A. INTRODUCTION With this Reauest For ProDosal (RFP), St. Lucie County Erosion District is soliciting proposals for Professional Marine and Engineering consulting Services related to Artificial Reef Projects. B. SCOPE OF SERVICES The successful proposer will provide Professional Marine and Engineering Consulting Services for the County's Artificial Reef Program. The exact scope of work under this contract will be determined during the life of the contract. Individual work projects will be identified and payment schedules and project timelines will be negotiated at that time. Work projects may include but not be limited to one or more of the following: The consultant will: · perform stability analysis for artificial reef materials, conduct pre- deployment and post-deployment surveys, coordinate material placement with the contractor, assess biological resources on artificial reef sites for fishes, hard corals, seagrasses or other sensitive flora and fauna. · be familiar with State and Federal grant-funding, permitting requirements, and environmental regulations. · prepare monitoring reports in both hard copy and electronic format that are compatible with said agencies' requirements. · investigate the effects of artificial reefs on nearby structures including stability and erosional processes and will help to develop methodologies to study the effects of artificial reef structures on surrounding biotic communities. · fill out material deployment records in compliance with Fish and Wildlife Conservation Commission requirements and insure that all material deployment conforms to U.S. Army Corps of Engineers and Florida Department of Environmental Protection permit conditions · conduct side scan and bathymetric surveys of potential artificial reef sites EXHIBIT "A -9- \..t WJI EXHIBIT B Schedule of Burdened Hourly Rates and Fees for Agreement between St. Lucie County and Taylor Engineering, Inc. for Professional Services for Artificial Reefs The following labor rates for Taylor Engineering, Inc. and its subcontractors are effective for two years from the contract execution date. Taylor Engineering will submit a revised rate schedule for each subsequent period of the agreement. I Taylor Engineering, Inc. Labor Catel!orv Burdened Hourly Rate CEO (R. Bruce Taylor, Ph.D., P.E.) President Vice President Director Senior Professional Project Professional Staff Professional Senior Editor Senior GIS Analyst Senior Technical Support GIS Analystffechnicai Support Administrative $232.00 2]2.00 ] 52.00 130.00 113.00 94.00 75.00 93.00 99.00 72.00 56.00 49.00 IL Morgan & Eklund, Inc. Labor Catel!orv Burdened Hourly Rate Chief Surveyor Project Surveyor Computer Technician Two Man Survey Crew Three Man Survey Crew $ 95.00 65.00 55.00 95.00 115.00 Labor Catel!orv Daily Rate RTK/GPS 25' Survey Boat Trimble DGPS Digital Fathometer Motion Compensator Hypack Navigation Software & Computer Submersible Tide Gauge Polaris 6 WD Beach Vehicle $450.00 400.00 300.00 85.00 200.00 50.00 50.00 75.00 Page 1 of2 \.,.. 'will EXHIBIT B Schedule of Burdened Hourly Rates and Fees for Agreement between St. Lucie County and Taylor Engineering, Inc. for Professional Services for Artificial Reefs III Continental Shelf Associates. Inc. Labor Catee:orv Burdened Hourlv Rate Principals Senior Scientists Senior Staff Scientists Operations Managers Lead Technicians/Staff Scientists Technicians Technical Assistants Technical Editors Word Processors Graphic Illustrators Clerical $187.35 158.91 128.73 129.74 85.14 71.10 54.77 76.05 60.26 90.12 52.26 Page 2 of 2 '- wrI AGREEMENT THIS AGREEMENT, made and entered into this day of , 2005, by and between ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of Florida, hereinafter referred to as the "District", and LEE E. HARRIS, P.E., PhD., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, the District desires to retain the professional services of the Consultant to provide marine and engineering services for artificial reefs; and, WHEREAS, the Consultant desires to provide the District with such services. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. GENERAL SCOPE OF THIS AGREEMENT The relationship of the Consultant to the District will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the District and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices generally acceptable within the industry and good ethical standards. 2. SCOPE OF WORK A general scope of work to be preformed by the Consultant under this Agreement is set forth in the Scope of Work attached hereto and made a part hereof as Exhibit "Au, Specific projects will be addressed in individual Work Authorizations. 3. PROJECT MANAGER The Project Manager for the District is James Oppenborn at (772) 462-1713. The Project Manager for the Consultant is Lee E. Harris, Ph.D., P.E. at (321) 951-7178. The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. The Project Manager, however, has no authority to approve or execute change orders. 4. TERM The term of this Agreement shall be for a period of two years from the date of this Agreement, provided, however, that the parties may extend the term for two (2) additional one (1) year periods upon prior written agreement. If this Agreement is terminated as provided herein, the Consultant shall be paid in accordance with the provisions of all applicable Work Authorizations for all authorized work performed up to the date of termination. -1- · '-' ...." 5. TIME OF PERFORMANCE The time of performance shall be set forth in each individual Work Authorization. 6. COMPENSATION The Consultant shall be compensated for all services rendered under this Agreement shall be computed in accordance with one or a combination of the methods outlined below: A. Hourlv Rate The Consultant shall be compensated based upon the Fee Schedule attached hereto and made a part hereof as Exhibit "B" for each hour of time engaged directly in the work. B. Lump Sum Fee The fee for any requested portion of work may be a lump sum mutually agreed upon by the parties and stated in the Work Authorization. C. Time and Expense The Consultant may be compensated for certain work based upon time and expense. This shall be based upon a not-to-exceed amount as mutually agreed upon by the parties and stated in the Work Authorization. D. Reimbursable Expenses The Consultant shall be compensated for certain work related expenditures not covered by fees for services, provided such expenditures are previously authorized by the District. The Consultant shall be compensated for such reimbursable expenses at a rate of 1.0 times (direct cost) expenses including: (1) Expenses for document reproduction, rental of specialized equipment, and purchase of specialized instruments necessary for the efficient performance of the work, provided such instruments remain the property of the District upon completion of the work. (2) Reasonable and customary expenses for travel and associated expenses for transportation and subsistence subject to the limitations set forth in Section 112.061, Florida Statutes. Reimbursement for lodging expenses shall not exceed fifty and 00/100 dollar ($50.00) per night unless otherwise approved in advance by the District's Project Manager. The District shall not reimburse the Consultant for out of county travel, transportation, or subsistence unless the out of county travel has been approved in advance by the District's Project Manager. E. Special Eauipment Compensation for any special equipment required for work to be performed by the Consultant pursuant to this Agreement as identified in the rate schedule set forth in Exhibit "B", or otherwise shall be identified in specific Work Authorizations. -2- '-' ."",¿ F. Subcontractor Fees The Consultant shall be compensated for the fees and reimbursable expenses of subcontractors at a rate of 1.00 times actual subcontracted fees and expenses in accordance with the provisions of Paragraph 6 when the Consultant is compensated by other than a lump sum fee. Subcontractors shall be subject to the approval of the District as herein provided. All invoices presented to the District for payment shall be on a Request for Payment form approved by the District. 7. DEFAULT: TERMINATION A. For Cause If the Consultant fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the Consultant fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. The following items shall be considered a default under this Agreement: (1) If the Consultant should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Consultant disregards laws, ordinances, or the instructions of the Project Manager or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. B. Without Cause The District may terminate the Agreement without cause at any time upon fifteen (15) calendar days prior written notice to the consultant. In the event of termination, the District shall compensate the Consultantforall authorized work satisfactorily performed through the termination date. Upon such termination, the Consultant waives any claims for damages from the termination without cause, including without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Consultant, the District shall compensate the Consultant for all authorized Work satisfactorily and responsibly completed through the termination date. 8. FORCE MAJEURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, -3- "-' ." lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and District shall compensate Consultant at the rates set forth herein, for the services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 9. ASSIGNMENT The District reserves the right to freely assign this Contract. The Consultant, however, shall not assign this Contract to any other persons or firm without first obtaining District's written approval. In addition, the Consultant shall not have the right to assign any or all of its rights and interests under this agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent ofthe District. For purposes of this paragraph, a transfer of substantially all interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entitity. Any attempt to effect an assignment without District's prior written consent shall be deemed a default subject to the remedies provided herein. 10. SUBCONSUL TANTS AND SUBCONTRACTORS In the event the Consultant requires the services of any subconsultant, subcontractor or professional associate in connection with the services to be provided under this Agreement, Consultant shall secure the written approval of District Project Manager before engaging such subconsultant, subcontractor or professional associate. 11. AUDIT The Consultant agrees that the District or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Agreement. The Consultant agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the District the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 12. PUBLIC RECORDS The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. 13. INSURANCE Commercial General Liabilitv The Consultant shall maintain, and prior to the commencement of this contract, provide -4- \..f ...,J the District with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the District will be given a thirty (30) day written notice of cancellation or non-renewal and include District as an additional insured. Business Auto Liabilitv The COl1sultant shall maintain and, prior to commence of this contract, provide the District with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury and property damage) per accident and (2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the District will be given a thirty (30) day written notice of cancellation or non-renewal and include District as an additional insured. Worker's ComDensation The Consultant shall maintain and provide, prior to commence of this èontract, provide the District with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000.00 for accidents or disease. The policy shall also provide the District will be given a thirty (30) day written notice of cancellation or non-renewal. 14. INDEMNIFICATION The Consultant covenants and agrees at all times to save, hold, and keep harmless the District, its Officials, Employees, and Agents, and indemnify the District, its Officials, Employees, and Agents, against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Consultant's performance of this Agreement. Only those matters which are determined by a final, nonappealable judgment to be the result of the negligence of the District or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Consultant shall be excluded from the Consultant's duty to indemnify the District, but only to the extent of negligence of the District or such third party. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 15. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 16. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps -5- ~ .."J (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 18. NOTICE All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To District: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 As To The Consultant: Lee E. Harris, Ph.D., P.E. 310 Ormond Avenue Indialantic, FL 32903 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 19. COMPLIANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. 20. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Consultant shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which District determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. -6- "-' ..", 21. NON-WAIVER The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 22. CONFLICT OF INTEREST The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the District in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to Influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion of the District as to whether the association, interest or ci rcu msta nce wou Id, in the opi nion of the District, constitute a conflict of interest if entered into by the Consultant. The District agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, In the opinion of the District, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the District shall so state in the notification and the Consultant shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the District by the Consultant under the terms of this Agreement 23. LITIGATION SERVICES It is understood and agreed that the Consultant's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the District and the Consultant describing the services desired and providing a basis for compensation to the Consultant. 24. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Agreement or a question of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Consultant and the District or its Project Manager. At all times, the Consultant shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the termination of the District or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. The County Administrator shall decide any dispute that is not resolved by mutual agreement and shall reduce the decision to writing. The decision of the District shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not to be supported by substantial evidence. 25. MEDIATION Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed Issue or Issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. -7- "'" ..."". Lucie District. The parties shall share equally the fee of the mediator. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 26. INTERPRETATION; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: LEE E. HARRIS, Ph D., P.E. BY: PRESIDENT SECRETARY (SEAL) -8- 2-1 ~ ..., STATEMENT OF WORK PART II SCOPE OF WORK A. INTRODUCTION With this Reauest For Proposal (RFP), St. Lucie County Erosion District is soliciting proposals for Professional Marine and Engineering consulting Services related to Artificial Reef Projects. B. SCOPE OF SERVICES The successful proposer will provide Professional Marine and Engineering Consulting Services for the County's Artificial Reef Program. The exact scope of work under this contract will be determined during the life of the contract. Individual work projects will be identified and payment schedules and project timelines will be negotiated at that time. Work projects may include but not be limited to one or more of the following: The consultant will: · perform stability analysis for artificial reef materials, conduct pre- deployment and post-deployment surveys, coordinate material placement with the contractor, assess biological resources on artificial reef sites for fishes, hard corals, seagrasses or other sensitive flora and fauna. · be familiar with State and Federal grant-funding, permitting requirements, and environmental regulations. · prepare monitoring reports in both hard copy and electronic format that are compatible with said agencies' requirements. · investigate the effects of artificial reefs on nearby structures including stability and erosional processes and will help to develop methodologies to study the effects of artificial reef structures on surrounding biotic. communities. · fill out material deployment records in compliance with Fish and Wildlife Conservation Commission requirements and insure that all material deployment conforms to U.S. Army Corps of Engineers and Florida Department of Environmental Protection permit conditions · conduct side scan and bathymetric surveys of potential artificial reef sites EXHIBIT "A -9· '-' .." LEE E. HARRIS, Ph.D., P.E. 310 Ormond Ave. Consulting Engineer Indialantic, FL 32903 Office: Division of Marine & Environmental Systems, Florida Institute of Technology, Melbourne, FL 32901 Phone: 321/674-7273 FAX: 32//674-7212 Email: Lharris@fit.edu November 5, 2005 Jim Oppenbom St. Lucie County Marine Resource Coordinator Fort Pierce, FL 772-462-1713 Jim: As requested, my proposed rates for performing work for St. Lucie County are shown below: 130/hour 95/hour 80/hour 45/hour 45/hour 75/hour 75/day at cost Please advise of any questions or modifications needed for the above. We look forward to continuing to assist you with artificial reef deployment and monitoring. Sincerely, Lee E. Harris, Ph.D., P.E. Exhibit "B" LHarris _ SLC _rev Jate sheet.doc Page 1 of 1 · \..f ., AGREEMENT THIS AGREEMENT, made and entered into this day of , 2005, by and between ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of Florida, hereinafter referred to as the "District", and MARINE RESOURCES, INC. (MRI), hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, the District desires to retain the professional services of the Consultant to provide marine and engineering services for artificial reefs; and, WHEREAS, the Consultant desires to provide the District with such services. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. GENERAL SCOPE OF THIS AGREEMENT The relationship of the Consultant to the District will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an Independent contractor, between the District and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices generally acceptable within the industry and good ethical standards. 2. SCOPE OF WORK A general scope of work to be preformed by the Consultant under this Agreement is set forth in the Scope of Work attached hereto and made a part hereof as Exhibit "AfT. Specific projects will be addressed in individual Work Authorizations. 3. PROJECT MANAGER The Project Manager for the District is James Oppenborn at (772) 462-1713. The Project Manager for the Consultant is Robert Mulcahy at (772) 221-2181. The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. The Project Manager, however, has no authority to approve or execute change orders. 4. TERM The term of this Agreement shall be for a period of two years from the date of this Agreement, provided, however, that the parties may extend the term for two (2) additional one (1) year periods upon prior written agreement. If this Agreement is terminated as provided herein, the Consultant shall be paid in accordance with the provisions of all applicable Work Authorizations for all authorized work performed up to the date of termination. -1- '-' 'wi 5. TIME OF PERFORMANCE The time of performance shall be set forth in each individual Work Authorization. 6. COMPENSATION The Consultant shall be compensated for all services rendered under this Agreement shall be computed in accordance with one or a combination of the methods outlined below: A. Hourly Rate The Consultant shall be compensated based upon the Fee Schedule attached hereto and made a part hereof as Exhibit "8" for each hour of time engaged directly in the work. B. LumD Sum Fee The fee for any requested portion of work may be a lump sum mutually agreed upon by the parties and stated in the Work Authorization. C. Time and EXDense The Consultant may be compensated for certain work based upon time and expense. This shall be based upon a not-to-exceed amount as mutually agreed upon by the parties and stated in the Work Authorization. D. Reimbursable EXDenses The Consultant shall be compensated for certain work related expenditures not covered by fees for services, provided such expenditures are previously authorized by the District. The Consultant shall be compensated for such reimbursable expenses at a rate of 1.0 times (direct cost) expenses including: (1) Expenses for document reproduction, rental of specialized equipment, and purchase of specialized instruments necessary for the efficient performance of the work, provided such instruments remain the property of the District upon completion of the work. (2) Reasonable and customary expenses for travel and associated expenses for transportation and subsistence subject to the limitations set forth in Section 112.061, Florida Statutes. Reimbursement for lodging expenses shall not exceed fifty and 00/100 dollar ($50.00) per night unless otherwise approved in advance by the District's Project Manager. The District shall not reimburse the Consultant for out of county travel, transportation, or subsistence unless the out of county travel has been approved in advance by the District's Project Manager. E. SDecial EauiDment Compensation for any special equipment required fo~ work to be performed by the Consultant pursuant to this Agreement as identified in the rate schedule set forth in Exhibit "B", or otherwise shall be identified in specific Work Authorizations. -2- ~ '-' ." F. Subcontractor Fees The Consultant shall be compensated for the fees and reimbursable expenses of subcontractors at a rate of 1.00 times actual subcontracted fees and expenses in accordance with the provisions of Paragraph 6 when the Consultant is compensated by other than a lump sum fee. Subcontractors shall be subject to the approval of the District as herein provided. All invoices presented to the District for payment shall be on a Request for Payment form approved by the District. 7. DEFAULT; TERMINATION A. For Cause If the Consultant fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the Consultant fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. The following items shall be considered a default under this Agreement: (1) If the Consultant should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Consultant disregards laws, ordinances, or the instructions of the Project Manager or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. B. Without Cause The District may terminate the Agreement without cause at any time upon fifteen (15) calendar days prior written notice to the consultant. In the event of termination, the District shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. Upon such termination, the Consultant waives any claims for damages from the termination without cause, including without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Consultant, the District shall compensate the Consultant for all authorized Work satisfactorily and responsibly completed through the termination date. 8. FORCE MAJEURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, -3· '-' .tI lockouts, or other industrial disturbances¡ fires¡ unusual climatic conditions¡ acts of God ¡ acts of a public enemy¡ or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and District shall compensate Consultant at the rates set forth herein, for the services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. g. ASSIGNMENT The District reserves the right to freely assign this Contract. The Consultant, however, shall not assign this Contract to any other persons or firm without first obtaining District's written approval. In addition, the Consultant shall not have the right to assign any or all of its rights and interests under this agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the District. For purposes of this paragraph, a transfer of substantially all interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entitity. Any attempt to effect an assignment without District's prior written consent shall be deemed a default subject to the remedies provided herein. 10. SUBCONSULTANTS AND SUBCONTRACTORS In the event the Consultant requires the services of any subconsultant, subcontractor or professional associate in connection with the services to be provided under this Agreement, Consultant shall secure the written approval of District Project Manager before engaging such subconsultant, subcontractor or professional associate. 11. AUDIT The Consultant agrees that the District or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Agreement. The Consultant agrees that payment(s) made under this Agreement shall be subject to reduction for amounts .charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the District the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 12. PUBLIC RECORDS The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. 13. INSURANCE Commercial General Liabilitv The Consultant shall maintain, and prior to the commencement ofthis contract, provide -4- '-" ....I the District with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the District will be given a thirty (30) day written notice of cancellation or non-renewal and include District as an additional insured. Business Auto Liabilitv The Consultant shall maintain and, prior to commence of this contract, provide the District with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury and property damage) per accident and (2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the District will be given a thirty (30) day written notice of cancellation or non-renewal and include District as an additional insured. Worker's ComDensation The Consultant shall maintain and provide, prior to commence of this contract, provide the District with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000.00 for accidents or disease. The policy shall also provide the District will be given a thirty (30) day written notice of cancellation or non-renewal. 14. INDEMNIFICATION The Consultant covenants and agrees at all times to save, hold, and keep harmless the District, its Officials, Employees, and Agents, and indemnify the District, its Officials, Employees, and Agents, against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Consultant's performance of this Agreement. Only those matters which are determined by a final, nonappealable judgment to be the result of the negligence of the District or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Consultant shall be excluded from the Consultant's duty to indemnify the District, but only to the extent of negligence of the District or such third party. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 15. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 16. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps -5- , '-' .""" (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 18. NOTICE All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To District: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 As To The Consultant: Robert Mulcahy Marine Resources, Inc. 7897 SW Jack James Drive, Suite A Stuart, FL 34997 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 19. COMPLIANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. 20. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Consultant shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which District determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. -6- l . '-' 'WfJ 21. NON-WAIVER The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise proþerly any rights given hereunder shall not operate to forfeit any of the said rights. 22. CONFLICT OF INTEREST The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the District in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion of the District as to whether the association, interest or circumstance would, in the opinion of the District, constitute a conflict of interest if entered into by the Consultant. The District agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the District, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the District shall so state in the notification and the Consultant shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the District by the Consultant under the terms of this Agreement 23. LITIGATION SERVICES It is understood and agreed that the Consultant's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the District and the Consultant describing the services desired and providing a basis for compensation to the Consultant. 24. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Agreement or a question of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Consultant and the District or its Project Manager. At all times, the Consultant shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the termination of the District or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. The County Administrator shall decide any dispute that is not resolved by mutual agreement and shall reduce the decision to writing. The decision of the District shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not to be supported by substantial evidence. 25. MEDIATION Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. -7- . . '--' ..., Lucie District. The parties shall share equally the fee of the mediator. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 26. INTERPRETATION: VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, florida, for claims under state law and the Southern District of florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: MARINE RESOURCES, INC. (MRI) BY: SECRETARY PRESIDENT (SEAL) -8- . 2-1 A. '-" ....", STATEMENT OF WORK PART II SCOPE OF WORK INTRODUCTION With this Reauest For Proposal (RFP), St. Lucie County Erosion District is soliciting proposals for Professional Marine and Engineering consulting Services related to Artificial Reef Projects. B. SCOPE OF SERVICES The successful proposer will provide Professional Marine and Engineering Consulting Services for the County's Artificial Reef Program. The exact scope of work under this contract will be determined during the life of the contract. Individual work projects will be identified and payment schedules and project timelines will be negotiated at that time. Work projects may include but not be limited to one or more of the following: The consultant will: · perform stability analysis for artificial reef materials, conduct pre- deployment and post-deployment surveys, coordinate material placement with the contractor, assess biological resources on artificial reef sites for fishes, hard corals, seagrasses or other sensitive flora and fauna. · be familiar with State and Federal grant-funding, permitting requirements, and environmental regulations. · prepare monitoring reports in both hard copy and electronic format that are compatible with said agencies' requirements. · investigate the effects of artificial reefs on nearby structures including stability and erosional processes and will help to develop methodologies to study the effects of artificial reef structures on surrounding biotic communities. · fill out material deployment records in compliance with Fish and Wildlife Conservation Commission requirements and insure that all material deployment conforms to U.S. Army Corps of Engineers and Florida Department of Environmental Protection permit conditions · conduct side scan and bathymetric surveys of potential artificial reef sites EXHIBIT "A -9- '" . '-' ..", Marine Resources Inc. Published Rate Sheet Effective: 1 January 2005 Professional Rates Principal Senior Scientist Sr. Staff Scientist Operations Manager Hydrographer Staff Scientist / Senior Technician Survey Technician Scientific Diver Commercial Dive Supervisor Commercial Diver Graphics / Computer Operator Administrati ve Hourlv Rates $122 $112 $101 $94 $91 $85 $74 $74 $74 $69 $62 $57 Field Dav Rates $1 ,464 $1,344 $1,212 $1,128 $1,092 $1,020 $888 $888 $888 $828 NA NA Field Day Rates are based upon 12-hour workdays. Commercial Dive Team Rates are based upon 8-hour workdays and time and half billed over 8 hours. Expert Witness Testimony is billed out at $150 hour. Prices are firm only when signed by an authorized company representative, or taken from a current published rate sheet. Marine Resources Inc. 7897 SW Jack James Drive, Suite A Stuart, Florida 34997 Phone (772) 221-2181; Fax (772) 221-7715 (January 2005) EXHIBIT "B" --~ ~-~~ MARIN~~C nc~_.._ 4 ... ........ ...,; Marine Resources, Inc. Equipment Rate Sheet Effective: 1 July 2005 EauiDment Field Dav Rate 350-Ford Truck Klein 595 Side Scan Sonar (Dual Frequency 100 & 500 kHz) 500ft Kevlar Cable Hydraulic Winch wi Slip Rings (2,000-ft cable) Hydraulic Winch wi Slip Rings (5,000-ft cable) Gilson Cement Mixer Integrated Environmental Tow Sled DGPS Leica 941 DX Hypack Navigational Software EG&G Model 866 Magnetometer Raytheon DE-719 MKII Fathometer Sony Digital Still Camera System wi underwater housing Sony Digital Underwater Video System Nikonos Underwater Still Camera System Underwater Video System wI integrated DGPS Commercial Diving Equipment Honda Portable Air Compressor (Pneumatic Tools) Scuba Gear (Per Man) Scuba Tanks (Per Tank) Mako Electric 9.5cfm compressor Scuba Shallow-water Dive Compressor (Third Lung) Generators 28-ft & 25-ft Survey Vessel 23-ft Survey Vessel $160 $642 NC $642 $1,338 $107 $482 $160 $160 $321 $134 $107 $268 $107 $268 $321 $53 $27 $9 $160 $160 $80 $695 $482 . If equipment is leased with an operator or included as part of an MRI project, insurance is included. Prices are firm only when signed by an authorized company representative, or taken from a current published rate sheet. Marine Resources Inc. 7897 SW Jack James Drive, Suite A Stuart, Florida 34997 Phone (772) 221-2181; Fax (772) 221-7715 (July 2005) EXHIBIT "B" iiirIr.....~ MARINE RESOU~CE~C .. .~ ~ Exhibit "B" COASTAL TECH Hourly Rate Schedule LABOR CATEGORIES Principal Director of Coastal Engineering Project Engineer Staff Engineer Director Coastal Geology & Sediments Lab Lab Technician Coastal Management Director Coastal Management Specialist/GIS Deputy Director Coastal Management Flood Plain Manager Permit Specialist Administrative Technician Engineer Technician/CADD Clerical DIRECT EXPENSES "WI $ 198 $ 133 $ 105 $ 74 $ 133 $ 74 $ 133 $ 74 $ 133 $ 90 $ 84 $ 68 $ 45 Cost x 1.0 , \ ~ ~ AGENDA REQUEST ..." ITEM NO. C-2B Date: November 22,2005 TO: ST. LUCIE COUNTY EROSION DISTRICT REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: (p.(') 7 '¡ ,t~ J! 't,A \~",-,__A¿.,-,((_ Richard A. Bouchard, P.E. Erosion District Manager SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 SUBJECT: Limited Re-Evaluation Report (LRR): Enter into Work Authorization No. 04 (C-04-11-622) with Taylor Engineering, Inc. for additional services related to the Fort Pierce Shore Protection project. BACKGROUND: Authorized by Congress (WRDA, 1996 and 1999), the U.S. Army Corps of Engineers (Corps) was directed to prepare a GRR to consider extending the authorized 1.3-mile project one (1) additional mile south of the Fort Pierce Inlet, for a total project length of 2.3 miles. Due to the rapid migration of beach fill southward from the 1999 beach nourishment, the Corps was unable to justify extending the project length at this time. However, the draft GRR does verify and recommend Federal participation in mitigating the erosional impacts due to the Federal navigation project-thus reducing the non-federal cost share from 53.7% to approximately 25%. The other important element that the GRR addresses is the high erosion rate immediately south of the inlet and the need to incorporate structures into the long-term management plan. On January 13,2004 and May 25,2004 the Board approved W.A. No. 12 ($170,525) and Amendment No.1 ($41,830) respectively with Taylor Engineering to undertake the necessary tasks to complete the GRR as agreed upon by the Corps. This action was taken by the Erosion District as result of the inaction of the Corps to complete the GRR that included several unsuccessful commitments. A draft GRR was completed on October 1, 2004 and submitted to the Corps for review. Review comments were received from the Corps on June 9th and an ITR meeting was held on August 9th to discuss Taylor Engineering's responses. In order to minimize confusion, the Corps recommended breaking up the revised GRR into a Limited Re-evaluation Report (LRR) and a GRR. The LRR would contain the cost share reduction and 2-year renourishment cycle while the GRR would include alternatives for the erosional "hot-spot" and a new 50-year life. The attached work authorization includes a detailed scope of work from Taylor Engineering for additional work they did on the GRR and work to complete the LRR. An additional work authorization to update and finalize the GRR will be submitted at a later date. FUNDS: Funds for these services will be made available in the following account: $57,943 in Account No. 184205-3710-531000-3630; FDEP Fort Pierce Shore Protection Grant. FDEP has reviewed and approved the scope of work and will cost share this work through our existing grant agreement 04SL 1 at 50%. PREVIOUS ACTION: January 13, 2004: FDEP Grant 04SL 1 (50% match) approved $974,000 in State funds. January 13, 2004: Board approved W.A. #12 with Taylor Engineering for the GRR. May 25, 2004: Board approved Amendment No.1 to W.A. #12 with Taylor Engineering for the GRR. RECOMMENDATION: Staff recommends Erosion District Board approval of Work Authorization #04 (C-04-11-622) with Taylor Engineering, Inc. ($57,943) retroactive to October 1,2005, and execution of said agreement by the Chairperson. ]C] APPROVED [ ] OTHER: [ ] DENIED E: COMMISSION ACTION: Approved 5-0 D ugl nderson County Administrator [x]County Attorney [x]Originating Dept. Public work~ . ~- Coordination/S ianatures [x]Mgt. & Budget..... ï .. m rncq [x]Erosion District_-Jd~·)6 .--;::...... [x]Fiscal Coordinator ~ 1\ '^' [x]Finance Department (Grants) ~ ~ """;4-11-622 \\'VA #04) WORK AUTHORIZATION No. 04 Professional Services Related to the Fort Pierce Shore Protection Project Revise and Update the GRR I LRR Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the "District") and Taylor Engineering, Inc. (the "Consultant") dated November 23, 2004 (the "Agreement"), Consultant agrees to perform and successfully complete the scope of work as set forth in the Consultant's "Scope of Services", "Work Compensation Sheet", and "Project Schedule" attached hereto and made a part thereof as Exhibits "A", "B", and "C", respectively. The District agrees to compensate the Consultant as set forth in Exhibit "B" and the work shall be completed in accordance with Exhibit "C". IN WITNESS WHEREOF, the District has as hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the dates below. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRPERSON DEPUTY CLERK Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: TAYLOR ENGINEERING, INC. BY: Print Name: Title: Date: HIMSWORDlMlSCfT A YLQR. WA0420Q5 ,- '-' .."", EXHIBIT A Additional (September 2005) Scope of Services to Prepare and Submit the Limited Reevaluation Report (LRR) Ft. Pierce Shore Protection Project, St. Lucie County, Florida Background We submitted the original scope of services to revise and update the General Reevaluation Report (GRR) with Final Environmental Assessment in early 2004. The original scope of services covered the following tasks: (I) Engineering Appendix revision, (2) Optimization Spreadsheets Appendix revision, (3) Economics Appendix revision, (4) environmental documents preparation, (5) revision of the Main Report, (6) final beach fill volume requirement and cost estimate, (7) draft report submittal and response to Independent Technical Review (ITR) comments, and (8) response to U.S. Anny Corps of Engineers (USACE) South Atlantic Division (SAD) headquarters comments and final report submittal. Following a request from St. Lucie County, we submitted, in Spring 2004, a scope of services to include a 50-year project design within the draft GRR. The 50-year project add-on included the following services specifically pertaining to a 50-year analysis period: (I) Optimization Spreadsheets Appendix revision, (2) Economics Appendix revision, (3) revision of the Main Report, (4) final beach fill volume requirement and cost estimate, (5) draft report submittat and response to ITR review comments, and (6) response to USACE headquarters comments and final report submittal. While preparing the GRR, we recognized, through continuous consultation with and recommendations from the Jacksonville District USACE, that submittal of the draft GRR required services to revise and update additional GRR components beyond those included in the prior scope of services. Additional items included revising and updating the Real Estate, Pertinent Correspondence, and Geotechnical Appendices, and conducting an in-house ITR review. Furthennore, the inclusion of 50-year project alternatives necessitated additional analysis and fonnatting revisions. The draft GRR submittal required the fonnulation and analysis of an additional structural configuration beyond that described in the Fort Pierce Design Documentation Report (DDR). Lastly, the Real Estate Branch of the Jacksonville District USACE requested that we revise the Economics Appendix to include a replacement cost minus depreciation analysis for property improvements. · , -..." ..",.! EXHIBIT A We submitted a draft GRR with draft Environmental Assessment to the Jacksonville District USACE in September 2004. Taylor Engineering and the USACE independently completed ITR reviews of the document in the Spring of 2005. At an August 9, 2005 meeting between the Jacksonville District USACE ITR team, Taylor Engineering, Inc. staff, and Mr. Richard Bouchard (St. Lucie County), the USACE recommended - based on its revised understanding of its Headquarters' review process - that we reframe the submitted GRR document with 15- and 50-year plans into two new documents - (I) a Limited Reevaluation Report (LRR) to cover the remaining I5-year project life and (2) a GRR to cover a possible reauthorized 50-year project. At this time, the remaining items to complete the original scope of services and the 50- year project add-on include responding to Jacksonville District USACE ITR comments, revising the draft LRR based on the ITR comments, and a single iteration of submittal to and response to comments by the USACE SAD headquarters. As stated previously, to meet the needs of St Lucie County in the most efficient and viable manner, Jacksonville District and Taylor Engineering personnel along with Mr. Richard Bouchard made a decision during the ITR team meeting on August 9th to separate the September 2004 Draft GRR into two documents: a Limited Reevaluation Report (LRR) to cover the 15 year life remaining in the authorized project Fort Pierce SPP and a GRR evaluating a 50-year project life. The decision to develop two documents along with the additional efforts listed above make necessary this scope of services to complete the LRR submittal process through a single iteration of submittal to and response to comments by USACE SAD headquarters. Note that we will separately address the scope of services to complete the new GRR submittal process through a single iteration of submittal to and response to comments by USACE SAD headquarters. Scope of Services We have developed this scope of work with the following assumptions: 1. Following consultation with the USACE, we have assumed that the LRR will not require a formal ITR. However, we plan to meet with the USACE following completion of a draft version, present the LRR, and solicit feedback. We have budgeted to revise the LRR once to reflect relatively minor comments. 2. We assume that the USACE will perform all MCACES-related analyses for the LRR. ~. ~ EXHIBIT A 3. We assume that USACE SAD will provide comments on draft submittals within 60 days. Task I Work for September 2004 Draft GRR Outside of Original Scopes of Services Following consultation with and recommendations /Tom the Jacksonville COE, submittal of the draft GRR required services to revise and update GRR components that were not included in the prior scope of services. Additional items included revising and updating the Real Estate, Pertinent Correspondence, and Geotechnical Appendices, and an in-house ITR review. The inclusion of 50-year project alternatives necessitated analysis and formatting revisions well beyond the services outlined in the 50-year project add-on. The hardbottom impacts associated with the project template redesign necessitates more environmental coordination than originally anticipated. Furthermore, the draft GRR submittal required the comprehensive analysis of a structure configuration other than that of the Fort Pierce Design Documentation Report (DDR). Lastly, following the directions of the Real Estate Branch of the Jacksonville District USACE, we revised the Economics Appendix to include a replacement cost minus depreciation analysis for property improvements. Cost Task 1 $38,387.00 Task 2 Develop Draft LRR We will create an initial version of the LRR from the previously submitted ORR. Following consultation with the USACE, we will rerun the storm damage model with interest rates for the appropriate fiscal year. We will use the new interest rates to rerun the nourishment optimization spreadsheets, redo the cost-benefit analyses for the beach fill, recreate the syllabus, and modify appropriate sections of the report. We will provide beach fill volumes to the USACE, request it to complete the MCACES analyses, and incorporate its results in the LRR. Per discussions with Mr. Rick McMillen (USACE Project Manager), we assume that a formal ITR is not necessary. We will, however, present the results of the LRR to the USACE and provide them copies for comment. Following the receipt of comments, we will incorporate necessary changes into a revised LRR and print (10) copies for the Jacksonville District USACE; we assume the District will pass the revised LRR to their South Atlantic Division (SAD) headquarters for approval. Note that we will use the funds from the budget for the preparation of the September 2004 ORR and the 50-year add-on to (1) revise all ITR Committee comments not dealing with LRR creation or interest rate-related changes, (2) to address one iteration of USACE SAD ÍIIIw' w EXHIBIT A comments, and (3) to resubmit the revised LRR to the Jacksonville District USACE; the costs listed for this task reflects only those for the additional unanticipated work. Cost Task 2 $15,348.00 Task 3 Meet USACE SAD (one meeting) Consultation with the Jacksonville District USACE suggests that visiting USACE SAD personnel, to go over the rationale and findings of the LRR, should be beneficial to St. Lucie County. These visits should ensure that USACE SAD personnel understand St. Lucie County's problems and interests. We will meet with USACE SAD personnel, at their Atlanta offices, concurrent with the submittal of the LRR by the Jacksonville District USACE to the USACE SAD headquarters. We will go over the rationale and findings of the reports. We will address one iteration of USACE SAD comments and complete revision of the LRR with previously approved funds for the preparation of the previously submitted GRR. Cost Task 3 $4,208.00 Total Project Cost $57,943.00 Summary We will perform the above described services for fixed, lump sum amount of$57,943.00. ..., ...." TAYLOR ENGINEERING,INC. COST SUMMARY BY TASK P2005-159: FORT PIERCE SPP LRR DEVELOPMENT TASK 1: Work for September 2004 Draft GRR outside of original scope ofservices Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 0.125 225.00 Vice President 3.250 3,770.00 Director 6.000 5,904.00 Project Professional 26.000 19,136.00 Senior Editor 0.250 178.00 Senior Technical Support 1.125 603.00 Staff Technical Support 3.250 1,326.00 Administrative Support 1.750 728.00 Total Man-Days 41.750 Labor Cost 31,870.00 Non-Labor Units Cost Structure Cost Estimate by U.S. Cost Inc 1.0 6,517.00 Total Non-Labor Cost 6,517.00 Total Task 1 38,387.00 TASK 2: Develop Draft LRR Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 0.556 1,000.00 Vice President 1.000 1,160.00 Project Professional 14.500 10,672.00 Senior Editor 1.000 712.00 Staff Technical Support 2.000 816.00 Administrative Support 2.375 988.00 Total Man-Days 21.431 Labor Cost 15,348.00 Total Task 2 15,348.00 TASK 3: Meet USACE SAD (2 meetings) and Respond to Comments Labor Days Cost Task Totals R. Bruce Taylor, Ph.D. 0.583 1,050.00 Vice President 0.250 290.00 Director 1.500 1,476.00 Project Professional 1.750 1,288.00 Administrative Support 0.250 104.00 Total Man-Days Labor Cost 4.333 4,208.00 Total Task 3 $ 4,208.00 EXHIBIT B '--' ~ P2005·159: FORT PIERCE SPP LRR DEVELOPMENT Project Total $ 57,943.00 EXHIBIT B "w' ~ "'"0 .,1 ~.Q. "'I ~ Ei ....~ I ái~ ~ f ~ i :::;0 i. ¡;¡. ;¡. fi1! c -8 ~ z 0)' m > '" 0) 3 c C) i œ œ Õ m 'S! ~. .- œ ;0 3 ;0 i ! ., ~ ª '" 1 i G> " 0) -< ¡¡ ;0 8 ~ m (") ;0 ~ ~ 0 ä 5> 3 ~ ! Ii ... !? .r 5· I II!. '" 8 m ... 0) œ < i " '" ;: .s¡ c ii' f: 3 f i!. 3 ~ '" ~ ~ 8 ~ c œ 3 ~; 3 m '" .;¡ ]r ~. ~ 3: 3 ~. ~ m )( ." J: .. iD '" .. ~ m m 0 Ii Ii 3 3 II!. II!. ~ ~ ¡¡- ~ If ~ œ .