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Agenda Packet 10-11-05
'-' ,..¡ REVISED 10/10/05 OCTOBER'll, ZOOS 6.00 PM BOARD 0' COUNTY COMMISlIONERS 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 as~s anyone wishing to speal:l 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 as~ for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name (''ld address, speal:ling clearly into the microphone. If you have bacl:lup material, please have eight copies for distrib .IV: '" 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 worl:lshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worl:lshops. 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-lucle.lI.us Frannie Hutchinson, Chairman Doug Cowarel, Vice Chairman Joseph Eo Smith Paula A. Lewis Chris Craft District No.4 District No. Z Dbtrlct No. I Dbtrlct No. I District No. I Octolter 'II, ZOOS 6.00 P.M. Invocation Pleelge of Allegiance Ii t i~ MINUTES ~ X ~ ~ù Approve the minutes of the meeting held on October 4, 2005. Z. PROCLAMATIONS/PRESENTATIONS A. Update by Lennart E. Lindahl, Ir. and Carol Wehle, Executive Director of the South Florida Water Management District on the Lal:le Ol:leechobee and Estuary recovery plan. B. St. Lucie County School District Referendum Update. C. Update by Don West, Public Wor~s Director on the Harmony Heights Stormwater Project. D. Reading of the announcements by the County Administrator. .. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA 1'1 C .1- (7 (/y\5en I A ~. 5~V\J A J.-.-t~(\\C:. PUBLIC HEARINGS IA'L~\ COUNTY AnORNEY 1\~~~Ù Ordinance No. 05-037 - Adoption of Amended Impact Fee Study - Consider staff recommendation to adopt Ordinance No. 05-037, as drafted. SB. '¡ GROWTH MANAGEMENT ,\ ;)(~\J~~\l'vV r~' tv'- Development Agreement with Johnson Road Development Group, L.L.C. (Roc~ing Horse Ranch) - Consider ~ 0 staff recommendation to continue the second public hearing until Tuesday, October 18, 2005 at 6:00 p.m. in order to coincide with the public hearing for the Rocl:ling Horse Ranch preliminary PUD application to be held on this date. END OF PUBLIC HEARINGS rJ ~ e t}ç( ..; __ ()C/J l~)a; Ie !Ie r f ò /J 7F tu¡t'4«; r 5tJ'lúl'lr? . e. COUNTY AnORNEY fVo ~(J¡úY\ htll{( UV1~; \ lfácYiJtcA-h'lA-tS6VefeSúI/¡d û. . \I\C\ ',(\cJ SJ (.. Þ\o.r\ SL\.~)I"" ~(J. ~ ¿'IVV\-Chuc~ s Seafood, Inc. - proposekRecons ruction of Covered Dining Area - Consider staff recommendation that \,) the Board of County Commissioners determine whether to approve the application of Chucl:l's Seafood, Inc. to ( the City of Fort Pierce for a permit to reconstruct the rear covered dining area on the existing pad. In the event the Board approved the request, staff recommends that the structure be limited to one story as indicated in the building plans. 7. "" .'eJOUNTY AnORNEY ) /0' fr.tt ,\ Space Needs Study - Contract with Institute for Law & Policy Planning - Consider staff recommendation to :)/J approve the Agreement and authorize the Chairman to sign the Agreement. ""'" REGULAR AGENDA OCTOBER II, zoos PAGE TWO '-" "wi ~:~1<'t<~~~~':;'::;"""'"";~-:;:;:'~~-:;~;;=-;"':*"".Irl\'II'\''''''''':''"':'~,-A'.\,~,.~,~.,f1(~',_,"~;:;;::-;'.;~-~-:;;;:;;:;~:;;;':~~~;:;-~~~=;_~-;':;;.;;w,~:;;;;:~ CONSENT AGENDA ~---;;W;~·~-';;;;';;:;;~~''''t~~::;;::~;::';:::>;<~~''~~~-:~~~-;;;~~~~~~~~'~"i!'~~,;;.~Jiii»" I. WARRANTS Lln Approval of Warrant List No. 54 and No.1 z. COUNTY AnORNEY A. Resolution No. 05-380 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-381 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-380 and Resolution 05-381 and authorize the Chairman to sign the Resolutions. B. Resolution No. 05-378 - Changes to St. Lucie County Investment Policy - Consider staff recommendation to adopt Resolution No. 05-378 as drafted. C. Bear Point Mitigation Banl:l - Credit Reservation Agreement with Tailer's Cove Development, L.L.C. - Consider staff recommendation to approve the proposed Bear Point Mitigation Banl:l Credit Reservation Agreement with Tailer's Cove Development,. L.LC., and authorize the Chairman to sign the Agreement. D. Bear Point Mitigation Banl:l - Credit Purchase Agreement with Danella Construction Corporation and Florida Power & Light Company - Consider staff recommendation to approve the proposed Bear Point Mitigation Ban~ Credit Purchase Agreement with Danella Construction Corporation and Florida Power & Light Company, and authorize the Chairman to sign the Agreement. E. Addendum between SunGard HTE, Inc. and St. Lucie County - Consider staff recommendation to approve the Addendum and authorize the Chairman to sign the Addendum. .. PUBLIC WORKS One-Year Extension to the Consultant Agreements for Professional Engineering Services for Geotechnical Testing through October 14,2006 - Consider staff "8Clmmendation to approve the one-year extension to the Consultant Agreements for Geotechnical Testing w¡;l... Ardaman & Associates, Inc. and PSI, Inc., and authorize the Chairman to sign. 4. ENVIRONMENTAL RESOURCES A. Request Board approval of position request POS06-064 for an Environmental Planning Coordinator in the Environmental Resources Department - Consider staff recommendation to approve Position Request POS06-064. B. Request the Board approve Amendment No.2 to Project Agreement 69-4209-5-1698 - Consider staff recommendation to approve Amendment No. 2 to Project Agreement 69-4209-5-1698 with the United States Department of Agriculture - Natural Resources Conservation Service to extend the completion date for the Indian River Drive Revegetation Project until November 30, 2005 and authorize the chair to sign the agreement. '-'" ..; CONSENT AGENDA OCTOBER II, ZOOS PAGE TWO ENVIRONMENTAL RESOURCES CONTINUED C. Request of Basil Goombs for an exemption from the requirements of Section 11.02.09(A)(5), St. Lucie County Land Development Code, to prepare an Environmental Impact Report for the project to be ~nown as Valencia Ranches PUD - Consider staff recommendation to approve the request for exemption and that no environmental impact report be required for this project. I ,Qr.1; Oxbow Eco-Center - Accept Donation Agreement with St. Lucie Audubon for Oxbow Classroom - f\ ~;) ( G~ tV Consider staff recommendation to approve the Donation Agreement for the construction of a meeting Y'\ t. /~. -Û room at the Oxbow Eco-Center in the amount of $100,000.00 and a. uthorize the chairman to sign the J, \ p~eement as prepared by the County Attorney's office. ji", fÎ.cqa \)J6e (Jrt.~ÙfL - '1(1fÌ,i.¡ LXQ n . '-5~. GROWTH MANAGEMENT ;- AL. -PÕ>'r~___'1'ýes~ - 'R<~V'Ò\ -:py-\ Y\ce _ '\'fð..9uYev Increase the Florida Commission for the Transportation Disadvantaged Planning Grant by $400.00 to $20,411.00 - Consider staff recommendation to adopt Resolution No. 05-377 to increase the budget for the Florida Commission for the Transportation Disadvantaged Planning Grant No. 001293-15101 for FY04/05. e. AIRPORT A. Change Order No. 1 - Dic~rson Florida, Inc. for the construction of the Airport West Commerce Parl:l at St. Lucie County International Airport - Consider staff recommendation to approve Change Order No. 1 for Dicl:lerson Construction on the Airport West Commerce Parl:l at the St. Lucie County International Airport, and authorize the Chairman to execute. B. Florida Department of Transportation (FDOn Extension of Time for Joint Participation Agreement, Access Roadways for Airport West Commerce Par~ - Consider staff recommendation to accept the extension of time until December 31, 2006, on the FDOT Joint Participation Agreement for the Airport West Commerce-Access Roadways project at the St. Lucie County International Airport, and authorize the Chair to sign the request for the one year time extension. C. Termination of Lease Agreement with Platts Grove, Inc., effective May 1, 2006 - Consider staff recommendation to approve the early terr'li,Jtion of the lease with Platts Grove, Inc., effective May 1, 2006. 7. CENTRAL SERVICES Downtown Judicial Complex Chiller Plant - Edlund Dritenbas Binl:lley Architects - Amendment No.2 to C03- 08-520 - Consider staff recommendation to approve Amendment No.2, to C03-08-520, Edlund Dritenbas Bin~ley Architects, for the services of Carter & Associates, Consulting Engineers and Land Surveyors, for additional engineering and surveying services for the Cler~ of Courts Chiller Plant at a cost of $12,925.00 and authorize the Chair to sign this Amendment as prepared by the County Attorney. S. PURCHASING A. Sixth Amendment to Contract No. COO-IH24 with Aquagenix - Consider staff recommendation to approve the Sixth Amendment to Contract No. COO-1H24 with Aquagenix, and authorize the Chairman to sign the amendment as prepared by the County Attorney. B. Bid No. 05-101 - Construction of a Storage Building at Lawnwood Recreational Complex - Reject All Bids _ Consider staff recommendation to reject all bids for Bid No. 05-101 - Construction of a Storage Building at Lawnwood Recreational Complex. "'" '-" CONSENT AGENDA OCTOBER II, ZOOS PAGE THREE PURCHASING CONTINUED C. o Award Bid No. 05-103 - Demolition of Interior and Abatement of Materials - Old Court House - Consider staff recommendation to award Bid No. 05-103 - Demolition of Interior and Abatement of Materials - Old Court House to the low bidder, DPC General Contractors, Inc., for a total amount of $450,000.00 and that the Board grant permission for the Chairman to sign the contract as prepared by the County Attorney. D. Award Bid No. 05-105 - FRP Glide Slope - Runway 9 Replacement - Consider staff recommendation to award Bid No. 05-105 - FRP Glide Slope - Runway 9 Replacement to Signal Connections for a total amount of $54,500.00 and grant permission for the Chairman to sign the contract as prepared by the County Attorney. E. Award Bid No. 05-112 - Purchase of Baling Wire - Consider staff recommendation to award Bid No. 05-112 - Purchase of Baling Wire to Calvert Wire to Granite Falls Furnace and grant permission for the Chairman to sign the contract as prepared by the County Attorney. F. Award of Bid No. 05-109 - Purchase & Installation of Hurricane Shutters for various Habitat for Humanity Homes - Consider staff recommendation to award Bid No. 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 and Board permission for the Chairman to sign the contract as prepared by the County Attorney. G. Termination of Long Line Mowing Contract No. C05-04-214 with Coastal Services of Florida - Consider staff recommendation to approve to terminate Long Line Mowing Contract No. C05-04-214 with Coastal Services of Florida, award to the second lowest bidder Treasure Coast Lawns, Inc. for three (3) year contract at $37,500.00 per cycle, extra litter picl:l up at $16,100.00 per year and authorize the Chairman to sign the contract as prepared by the County Attorney. Award Bid No. 05-069 - River Parl:l Marina-Restroom - Consider staff recommendation to award Bid No. 05-069 - River Par~ Marina - Restroom to the lowest responsive and responsible bidder Hennis Construction Company, Inc. for a total amount of $199,000.00 and permission for the Chairman to sign the contract as prepared by the County Att,,~ '~y. I. Award of Bid No. 05-104 - Erosion COt,. ::>1 at the St. Lucie County Airport - Consider staff recommendation to award Bid No. 05-104 - Erosion Control at the St. Lucie Airport to the low bidder Native Technologies, Inc. for the total base bid amount of $126, 181.20 and grant permission for the Chairman to sign the contract as prepared by the County Attorney. .. INVESTMENT FOR THE FUTURE Engineering Division - Platt's Creel:l Storm water Project - First Amendment to Wor~ Authorization NO.5 with Dunl:lelberger Engineering & Testing - Consider staff recommendation to approve and authorize the Chair to sign the First Amendment to Wor~ Authorization No.5 for Soil Testing with Dunl:lelberger Engineering & Testing Inc. for the Platt's Creel:l 5tormwater Project in the amount of $25,000 and extending the contract to January 31, 2006. 10. MANAGEMENT AND BUDGET Request for retroactive approval of FY06 Budget disbursement to the Supervisor of Elections - Consider staff recommendation to authorize retroactive approval of the Supervisor of Elections request for 25 percent ($646,465.75) of the total FY06 budget and thereafter 6.82 percent per month. '-"" .....; CONSENT AGENDA OCTOBER II, ZOOS PAGE FOUR II. COMMUNITY SERVICES Approval of two Contracts for Rehabilitation Worl:l using funds from the CDBG and SHIP programs - Consider staff recommendation to approve of the Contract and authorize the Chair to sign all documents. y ""'" ANNOUNCEMENTS Octolter II, ZOOS 1. Meeting Changes: . November 15, 2005 Board of County Commissioners Reorganization meeting will be at 9:00 a.m. . The December 27, 2005 Board of County Commissioners meeting is canceled. 2. The Board of County Commissioners, St. Lucie County, Florida, is currently seel:ling applications from persons desiring to be nominated for appointment by the County Commissioners to serve on the St. Lucie County Code Enforcement Board. Interested persons can obtain an application from the County Administration Office, 2300 Virginia Avenue, Fort Pierce, FL 34982. The deadline for submission is October 14, 2005 for more information call 772-462-1156. 3. The Board of County Commissioners will hold a Public Hearing on the TVC Element Amendment on Monday, October 17, 2005 at 6:00 p.m. in the County Commission Chambers. 4. The Board of County Commissioners will hold a Public Hearing on the FPL Site Plan on, October 25, 2005 at 6:00 p.m. in the County Commission Chambers. 5. The Annual UDT Seal Muster will be held on Saturday, November 12, 2005 at 11:00 am at the UDT Seal Museum on North Hutchinson Island. 6. The Board of County Commissioners, City of Fort Pierce Commission, and the City of Port St. Lucie Council will hold a Joint Meeting on Friday, February 3, 2006 at 2:00 p.m. in the County Commission Chambers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. v ...,I St. Lucie Count, Mo.quito Cont.ol Dist.ict Paula A. Lewis, Chairman Joseph Eo Smith, Vice Chairman Do.. Cowarel Frannie Hutchinson Chris Craft District No. II District No. I District No. Z District NO.4 Dbtrict No. S AGENDA Octolter II, ZOOS I. MINUTES Approve the minutes from the meeting held on September 27, 2005. Z. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 52, 53, 54 and 1. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tal:len 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 (m) 462-1m or TDD (m) 462- 1428 at least forty-eight (48) hours prior to the meeting. y ....,I St. Lllcie COli nt, Erosion Control District Frannie Hutchinson, Chalr.an Chris Craft, Vice Chairman Joseph E. Smith Doug Cowarel Paula A. Lewis District No.4 District No. S District No. I District No. Z District No.1 AGENDA Octolter II, ZOOS I. {lÑ~~INUTES Af~ f))J Approve the minu"" from the meeting held on 5optembe< 27, 2005. z. GENIRAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 52, 53, 54 and 1. Z. PjBLIC WORKS - EROSION 1710 r¿ 11\ }¡(~ A. South St. Lucie County Beach project: Amendment No. 1 to Project Agreement No. 04SL2 with the (' f I h/{) Florida Department of Environmental Protection (FDEP) providing additional grant funding - J Consider staff recommendation to approve Amendment No. 1 to Project Agreement 04SL2 with the Florida Department of Environmental Protection along with supporting Budget Resolution No. 05-055 and execution of said documents by the Chairperson. " I~ l1y'~~ ri 9~ South St. Lucie County Beach Feasibility Pha~e: Approval of Amendment No.1 to W.A. No. 03 (C-04- 11-631) with Coastal Planning & Engineering, Inc. to provide additional professional services necessary to conduct various environmental studies of the near shore resources for the South County Beach project _ Consider staff recommendation to approve of Amendment No.1 to W.A. No. 03 (C-04-11-631) with Coastal Planning & Engineering, Inc. and execution of said amended agreement by the Chairperson. NOTICE: All Proceedings before thil Board are electronically recorded. Any person who decides to appeal any action tORen 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 ot the proceedings is made. Upon the request of any party to the proceedingl, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1m or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. ~ ~ REVISED 10/10/05 OCTOBER II, ZOOS ..00 PM 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 asl:ls anyone wishing to speal:l 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 asl:l for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speal:ling clearly into the microphone. If you have bacl:lup 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 worl:lshops throughout the year necessary to accomplish their goats and commitments. Notice is provided of these worl:lshops. 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...·lucle.fl.u. Frannie Hutchln.on, Chairman Dou. Cowarel, Vice Chairman Jo.eph E. Smith Paula A. Lewis Chris Craft District No.4 District No. Z District No. I District No. I District No.5 Octolaer II, ZOOS ..00 P.M. Invocation Pleelge of Allegiance I. MINUTES Approve the minutes of the meeting held on October 4, 2005. Z. PROCLAMATIONS/PRESENTATIONS A. Update by Lennart E. Lindahl, Jr. and Carol Wehle, Executive Director of the South Florida Water Management District on the Lal:le Ol:leechobee and Estuary recovery plan. B. St. Lucie County School District Referendum Update. C. Update by Don West, Public Worl:ls Director on the Harmony Heights Stormwater Project. D. Reading of the announcements by the County Administrator. .. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS SA. COUNTY AnORNEY Ordinance No. 05-037 - Adoption of Amended Impact Fee Study - Consider staff recommendation to adopt Ordinance No. 05-037, as drafted. SB. GROWTH MANAGEMENT Development Agreement with Johnson Road Development Group, L.L.C. (Rocl:ling Horse Ranch) - Consider staff recommendation to continue the second public hearing until Tuesday, October 18, 2005 at 6:00 p.m. in order to coincide with the public hearing for the Roc~ing Horse Ranch preliminary PUD application to be held on this date. END OP PUBLIC HEARINGS '-' ...,,¡ REGULAR AGENDA OCTOBER II, zoos PAGE TWO e. COUNTY AnORNEY Chucl:l's Seafood, Inc. - Proposed Reconstruction of Covered Dining Area - Consider staff recommendation that the Board of County Commissioners determine whether to approve the application of Chucl:l's Seafood, Inc. to the City of Fort Pierce for a permit to reconstruct the rear covered dining area on the existing pad. In the event the Board approved the request, staff recommends that the structure be limited to one story as indicated in the building plans. I. COUNTY AnORNEY Space Needs Study - Contract with Institute for Law & Policy Planning - Consider staff recommendation to approve the Agreement and authorize the Chairman to sign the Agreement. A /"t/bV h,-'b ~ 4-/>,..} ~,Z>~ ~ r rE: \J, .. ~/~,---..-! ~Lv~ ~-..~ ~/V ~~~ .s ~..-? S'> ?'7k. /J /-v{;; f~-'- <1 ¡,þvG / ~ el1" t:-~ ' ,A/~--r::J ¿~ /-(660 ¡2~/~ ¿Øa-'~ j'0Jf ,/ 7l /1 '[;. SI""-' ~- rp ~ '--' -.-I CONSENT AGENDA I. WARRANTS LIST Approval of Warrant List No. 54 and No.1 Z. COUNTY AnORNEY A. Resolution No. 05-380 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-381 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-380 and Resolution 05-381 and authorize the Chairman to sign the Resolutions. B. Resolution No. 05-378 - Changes to St. Lucie County Investment Policy - Consider staff recommendation to adopt Resolution No. 05-378 as drafted. C. Bear Point Mitigation Banl:l - Credit Reservation Agreement with Tailer's Cove Development, L.LC. - Consider staff recommendation to approve the proposed Bear Point Mitigation Banl:l Credit Reservation Agreement with Tailer's Cove Development, L.L.C., and authorize the Chairman to sign the Agreement. D. Bear Point Mitigation Banl:l - Credit Purchase Agreement with Danella Construction Corporation and Florida Power & Light Company - Consider staff recommendation to approve the proposed Bear Point Mitigation Banl:l Credit Purchase Agreement with Danella Construction Corporation and Florida Power & Light Company, and authorize the Chairman to sign the Agreement. E. Addendum between SunGard HTE, Inc. and St. Lucie County - Consider staff recommendation to approve the Addendum and authorize the Chairman to sign the Addendum. I. PUBLIC WORKS One-Year Extension to the Consultant Agreements for Professional Engineering Services for Geotechnical Testing through October 14,2006 - Consider staff recommendation to approve the one-year extension to the Consultant Agreements for Geotechnical Testing with Ardaman & Associates, Inc. and PSI, Inc., and authorize the Chairman to sign. 4. ENVIRONMENTAL RESOURCES A. Request Board approval of position request POS06-064 for an Environmental Planning Coordinator in the Environmental Resources Department - Consider staff recommendation to approve Position Request POS06-064. B. Request the Board approve Amendment No.2 to Project Agreement 69-4209-5-1698 - Consider staff recommendation to approve Amendment No. 2 to Project Agreement 69-4209-5-1698 with the United States Department of Agriculture - Natural Resources Conservation Service to extend the completion date for the Indian River Drive Revegetation Project until November 30, 2005 and authorize the chair to sign the agreement. '-' '--' CONSENT AGENDA OCTOBER II, zoos PAGE TWO ENVIRONMENTAL RESOURCES CONTINUED C. Request of Basil Goombs for an exemption from the requirements of Section 11.02.09(A)(5), St. Lucie County Land Development Code, to prepare an Environmental Impact Report for the project to be I:lnown as Valencia Ranches PUD - Consider staff recommendation to approve the request for exemption and that no environmental impact report be required for this project. D. Oxbow Eco-Center - Accept Donation Agreement with St. Lucie Audubon for Oxbow Classroom - Consider staff recommendation to approve the Donation Agreement for the construction of a meeting room at the Oxbow Eco-Center in the amount of $100,000.00 and authorize the chairman to sign the agreement as prepared by the County Attorney's office. s. GROWTH MANAGEMENT Increase the Florida Commission for the Transportation Disadvantaged Planning Grant by $400.00 to $20,411.00 - Consider staff recommendation to adopt Resolution No. 05-377 to increase the budget for the Florida Commission for the Transportation Disadvantaged Planning Grant No. 001293-15101 for FV04/05. .. AIRPORT A. Change Order No.1 - Dicl:lerson Florida, Inc. for the construction of the Airport West Commerce Par~ at St. Lucie County International Airport - Consider staff recommendation to approve Change Order No. 1 for Dicl:lerson Construction on the Airport West Commerce Parl:l at the St. Lucie County International Airport, and authorize the Chairman to execute. B. Florida Department of Transportation (FDOn Extension of Time for Joint Participation Agreement, Access Roadways for Airport West Commerce Parl:l - Consider staff recommendation to accept the extension of time until December 31, 2006, on the FDOT Joint Participation Agreement for the Airport West Commerce-Access Roadways project at the St. Lucie County International Airport, and authorize the Chair to sign the request for the one year time extension. C. Termination of Lease Agreement with Platts Grove, Inc., effective May 1, 2006 - Consider staff recommendation to approve the early termination of the lease with Platts Grove, Inc., effective May 1, 2006. 7. CENTRAL SERVICES Downtown Judicial Complex Chiller Plant - Edlund Dritenbas Binl:lley Architects - Amendment No.2 to C03- 08-520 _ Consider staff recommendation to approve Amendment No.2, to C03-08-520, Edlund Dritenbas Bin~ley Architects, for the services of Carter & Associates, Consulting Engineers and Land Surveyors, for additional engineering and surveying services for the Cler~ of Courts Chiller Plant at a cost of $12,925.00 and authorize the Chair to sign this Amendment as prepared by the County Attorney. .. PURCHASING A. Sixth Amendment to Contract No. COO-I1-124 with Aquagenix - Consider staff recommendation to approve the Sixth Amendment to Contract No. COO-11-124 with Aquagenix, and authorize the Chairman to sign the amendment as prepared by the County Attorney. B. Bid No. 05-101 - Construction of a Storage Building at Lawnwood Recreational Complex - Reject All Bids _ Consider staff recommendation to reject all bids for Bid No. 05-101 - Construction of a Storage Building at Lawnwood Recreational Complex. '-" ...I CONSENT AGENDA OCTOBER II, ZOOS PAGE THREE PURCHASING CONTINUED C. Award Bid No. 05-103 - Demolition of Interior and Abatement of Materials - Old Court House - Consider staff recommendation to award Bid No. 05-103 - Demolition of Interior and Abatement of Materials - Old Court House to the low bidder, DPC General Contractors, Inc., for a total amount of $450,000.00 and that the Board grant permission for the Chairman to sign the contract as prepared by the County Attorney. D. Award Bid No. 05-105 - FRP Glide Slope - Runway 9 Replacement - Consider staff recommendation to award Bid No. 05-105 - FRP Glide Slope - Runway 9 Replacement to Signal Connections for a total amount of $54,500.00 and grant permission for the Chairman to sign the contract as prepared by the County Attorney. E. Award Bid No. 05-112 - Purchase of Baling Wire - Consider staff recommendation to award Bid No. 05-112 - Purchase of Baling Wire to Calvert Wire to Granite Falls Furnace and grant permission for the Chairman to sign the contract as prepared by the County Attorney. F. Award of Bid No. 05-109 - Purchase & Installation of Hurricane Shutters for various Habitat for Humanity Homes - Consider staff recommendation to award Bid No. 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 and Board permission for the Chairman to sign the contract as prepared by the County Attomey. G. Termination of Long Line Mowing Contract No. C05-04-214 with Coastal Services of Florida - Consider staff recommendation to approve to terminate Long Line Mowing Contract No. C05-04-214 with Coastal Services of Florida, award to the second lowest bidder Treasure Coast Lawns, Inc. for three (3) year contract at $37,500.00 per cycle, extra litter pic~ up at $16,100.00 per year and authorize the Chairman to sign the contract as prepared by the County Attorney. H. Award Bid No. 05-069 - River ParR Marina-Restroom - Consider staff recommendation to award Bid No. 05-069 - River Par~ Marina - Restroom to the lowest responsive and responsible bidder Hennis Construction Company, Inc. for a total amount of $199,000.00 and permission for the Chairman to sign the contract as prepared by the County Attorney. I. Award of Bid No. 05-104 - Erosion Control at the St. Lucie County Airport - Consider staff recommendation to award Bid No. 05-104 - Erosion Control at the St. Lucie Airport to the low bidder Native Technologies, Inc. for the total base bid amount of $126, 181.20 and grant permission for the Chairman to sign the contract as prepared by the County Attorney. e. INVESTMENT FOR THE FUTURE Engineering Division - Platt's Cree~ Stormwater Project - First Amendment to Wor~ Authorization No.5 with Dunl:lelberger Engineering & Testing - Consider staff recommendation to approve and authorize the Chair to sign the First Amendment to Worl:l Authorization No.5 for Soil Testing with DunRelberger Engineering & Testing Inc. for the Platt's Creel:l Stormwater Project in the amount of $25,000 and extending the contract to January 31, 2006. 10. MANAGEMENT AND BUDGET Request for retroactive approval of FV06 Budget disbursement to the Supervisor of Elections - Consider staff recommendation to authorize retroactive approval of the Supervisor of Elections request for 25 percent ($646,465.75) of the total FV06 budget and thereafter 6.82 percent per month. '-" .",,;J CONSENT AGENDA OCTOBER II, zoos PAGE FOUR II. COMMUNITY SERVICES Approval of two Contracts for Rehabilitation Wor~ using funds from the CDBG and SHIP programs - Consider staff recommendation to approve of the Contract and authorize the Chair to sign all documents. '-'- ..., ANNOUNCEMENTS October II, ZOOS 1. Meeting Changes: . November 15, 2005 Board of County Commissioners Reorganization meeting will be at 9:00 a.m. . The December 27, 2005 Board of County Commissioners meeting is canceled. 2. The Board of County Commissioners, St. Lucie County, Florida, is currently see~ing applications from persons desiring to be nominated for appointment by the County Commissioners to serve on the St. Lucie County Code Enforcement Board. Interested persons can obtain an application from the County Administration Office, 2300 Virginia Avenue, Fort Pierce, FL 34982 The deadline for submission is October 14, 2005 for more information call 772-462-1156. 3. The Board of County Commissioners will hold a Public Hearing on the TVC Element Amendment on Monday, October 17, 2005 at 6:00 p.m. in the County Commission Chambers. 4. The Board of County Commissioners will hold a Public Hearing on the FPL Site Plan on, October 25, 2005 at 6:00 p.m. in the County Commission Chambers. 5. The Annual UDT Seal Muster will be held on Saturday, November 12, 2005 at 11:00 am at the UDT Seal Museum on North Hutchinson Island. 6. The Board of County Commissioners, City of Fort Pierce Commission, and the City of Port St. Lucie Council will hold a loint Meeting on Friday, February 3, 2006 at 2:00 p.m. in the County Commission Chambers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings. individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. AnyOne with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (J72) 462-1777 or TDD (m) 462- 1428 at least forty-eight (48) hours prior to the meeting. '-" """" St. Lucie Count, MOSCluito Conl.ol Dist.ict ""~""~>,,,,,,,,,"",,,-,<,,,,¥,.,,,,,<.,,,,,,,,,:,,;¥;'. Paula A. Lewis, Chairman Joseph E. Smith, Vic. Chairman Doug Cowarel Frannie Hutchinson Chris Craft District No. J District No. I District No. Z District NO.4 District No. S AGENDA Octo...r II, ZOOS I. MINUTES Approve the minutes from the meeting held on September 27, 2005. Z. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 52, 53, 54 and 1. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (J72) 462-1777 or TDD (m) 462- 1428 at least forty-eight (48) hours prior to the meeting. ~ -..",. St. Lllcie COllnt, Erosion Control District -_.,~..._."~_.-.._--,-~ ._.-.---_...--~.._._.."--,..._._..-._...,,.- -"':;:;'··"CC""·;"H·_.".~,",_,.,,~, ',,-,,,,,,,,,,·;_:r.,;,-_.':'.c':,,,,,·.,,,._,,,.,,_~.,,,,",,,·-.,,·,~.-, Frannie Hutchinson, Chairman Chris Craft, Vice Chairman Joseph E. Smith Doug Cowarel Paula A. Lewis District No. . District No. S District No. I District No. Z District No. I AGENDA Octolaer II, ZOOS I. MINUTES Approve the minutes from the meeting held on September 27, 2005. Z. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS Lln Approve warrants List No. 52, 53, 54 and 1. Z. PUBLIC WORKS - EROSION 1710 A. South St. Lucie County Beach project: Amendment No. 1 to Project Agreement No. 04SL2 with the Florida Department of Environmental Protection (FDEP) providing additional grant funding - Consider staff recommendation to approve Amendment No. 1 to Project Agreement 04SL2 with the Florida Department of Environmental Protection along with supporting Budget Resolution No. 05-055 and execution of said documents by the Chairperson. B. South St. Lucie County Beach Feasibility Phase: Approval of Amendment No.1 to W.A. No. 03 (C-04- 11-631) with Coastal Planning & Engineering, Inc. to provide additional professional services necessary to conduct various environmental studies of the near shore resources for the South County Beach project - Consider staff recommendation to approve of Amendment No.1 to W.A. No. 03 (C-04-11-631) with Coastal Planning & Engineering, Inc. and execution of said amended agreement by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. 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Q) .... o -< -n CD a. ¡,j" CD .., en s: -0 (J - C/) CD .... ~ s: o r- VJ - o .., ~ is' c: .... m .., ro' (J - ::0 CD < ¡¡;. CD m ::0 -0 -n- ",r- (J m .... " '(1) ~ mO o " " CD -0 CD .., 0 0::T -,0 C!>o- o C!> <rlCD '. ., ~ a r g: ~ ~ ~ f ~~ ~ ~ ~ ~ ~ ~ ~ i: ~ Q ~ ~ ;..¡ m ::D I:) ~ r- ~ 5 m :xJ "'C !Þ ;z tr:I m ;Z m 'T1 ::¡ CJ) '-' ~ L.AKE OKEECHOBEE & ESTUARY RECOVERY \ZI bold and aqqressive ~ actwn plilli In response to identified water resource needs, legislative directives, and demands of Florida citizens, an action plan has been developed to help restore the ecological health of Lake Okeechobee and the St. Lucie and Caloosahatchee Esl.laries. Key state agencies charged with carrying out this plan include the South Florida Water Management District (SFWMD), the Department of Environmental Protection (FDEP), the Department of Agriculture and Consumer Services (FDACS) and the Department of Community Affairs (FDCA). Through the leadership of the Governor and Legislature, initial funding has been provided for a series of "fast- track" capital projects to help provide meaningful water quality improvements: Complete by 2009 . Lake Okeechobee Fast Track Projects The Lake Okeechobee Fast Track projects include the following components: an 8oo-plus acre expansion of the Nubbin Slough Stormwater Treatment Area (STA); the construction of a 4,ooo-acre reservoir in Taylor Creek; thc construction of another 2,700-acre STA at Lakeside Ranch (south and west of Nubbin Slough); the re-routing of flows from the S-133 and S-191 basins to the Lakeside Ranch STA; and, potentially, the re-routing of flows from the S-154 basin also to the Lakeside Ranch STA. The combined storage and phosphorus reduction benefits are estimated at 48,000 acre feet and 65 to 75 metric tons, respectively. Fast Track LeadAgency: SFWMD Fast Track Supporting Agencies: USACE, FDEP Other LOER Plan Components In addition to the "turn-dirt" construction projects, several other far-reaching and innovative components - some which do not require large capital outlay - can also provide more immediate and measurable improvements in the condition of Lake Okeechobee, the St. Lucie Estuary and the Caloosahatchee Estuary. Combined, these initiatives comprise a bold and aggressive recovery plan. Complete non-structural revisions by 2006 Complete full implementation - with structural changes in place - by 2010 . Revise Lake Okeechobee Regulation Schedule To help achieve a better balance among management objectives - flood control, water supply and navigation, and the competing needs ofthe lake, estuaries and greater Everglades ecosystem - the U.S. Army Corps of Engineers (USACE) win revise the lake regulation schedule by December 2006. The ultimate goal is to achieve lower lake water levels and reduce high volume discharges to the estuaries. LAKE OKEECHOBEE & ESTUARY RECOVERY - fl bold and aggressive action plan - 1 . '-' "" As structural components, such as the Acceler8 reservoirs are completed. the USACE wi1l continue to revise the schedule. The SFWMD and other supporting agencies wi]] be working in tandem to revisit water supply demand estimates, supply side management strategies and the modeling and design offorward pumps. LeadAgency: USACE Supporting Agencies: SFWMD, FDEP, FDACS, the Florida Fish and Wildlife Conservation Commission (FWC), and the U.S. Fish and Wi]dlife Service (USFWS) (Federa]) Complete by 2007 · Establish Total Maximum Daily Loads (TMDLs) for Lake Okeechobee tributaries Currently, Total Maximum Daily Loads (TMDLs) are to be developed for tributaries in the Lake Okeechobee watershed by September 2011. Because TMDLs scientifica]]y establish the pollutant reductions necessary to restore water quality, it is essential that they be adopted as quickly as possible. Therefore, FDEP will accelerate the development ofTMDLs for tributaries within the Lake Okeechobee watershed and wi]] complete them by 2007· This work will be accompanied by the development of a basin management action plan with local stakeholders, which will identify the specific actions to be taken by all parties to restore water quality and incorporate the elements of this acceleration plan. FDEP also will continue to develop and implement TMDLs for the St. Lucie and Caloosahatchee tributaries and estuaries. Lead Agency: Florida Department of Environmental Protection (FDEP) Supporting Agencies: SFWMD, FDACS Complete by 2008 · Implement mandatory fertilizer Best Management Practices (BMPs) (revised application rates for agriculture; low phosphorus for urban use) FDACS, in conjunction with Institute of Food and Agricultural Sciences (IFAS), will re-assess recommended phosphorus application rates for agricultural crops and revise FDACS BMP rules appropriately. The revised recommendations wi1l be a required component of the landowner's BMP implementation plan. FDACS will also facilitate the development and use of a low phosphorus fertilizer for urban settings in the Lake Okeechobee, St. Lucie Estuary and Caloosahatchee Estuary watersheds. These actions will reduce farm and urban phosphorus loads by 116 metric tons. Lead Agency: FDACS Supporting Agencies: FDEP, SFWMD, IFAS, local governments Complete by 2008 · Implement revised Environmental Resource Permit (ERP) criteria for new development for the Upper and Lower Kissimmee, Lake Okeechobee, St. Lucie Estuary and Caloosahatchee Estuary Basins The Lake Okeechobee Protection Act (LOPA) currently requires activities that result in a "land use change" to demonstrate that they wi1l not increase the current phosphorus load discharging off-site. However, initiation of these activities provides an opportunity to improve upon the existing condition with minimal economic impact. Through the use of best management practices and stormwater management systems a net 25% to 50% reduction in the current phosphorus load discharging off of a parcel is anticipated to have a measurable improvement downstream and will be one of the provisions ofthe revised ERP. LeadAgency: SFWMD Supporting Agencies: FDEP and FDACS Complete by 2008 · Identify options for storage and/or disposal of excess surface water Areas inside the SFWMD boundaries - both public and private - may have available capacity and the potential to store Lake Okeechobee and/or tributary basin waters when there is a surplus in the watershed to prevent these excesses from impacting the estuaries. It may be possible for facilities to be constructed to deliver such excess LAKE OKEECHOBEE & ESTUARY RECOVERY -.A bold and aggressive action plan - 2- "'", ....,1 waters under a management schedule that would be beneficial to the lake and St. Lucie and Caloosahatchee estuaries while not impacting current water supply demands. Lead Agency: SFWMD Supporting Agencies: FDEP, local governments Complete by 2010 . Implement growth management programs to encourage innovative land use planning to facilitate acquisition of lands for public works Innovative land use planning techniques will be developed by the Department of Community Affairs, in partnership with affected local governments, the regional planning council, the Department of Emironmental Protection, and water management districts. One example is the Rural Lands Stewardship Areas Program which provides that counties designate all or portions of lands classified in the future land use element as predominantly agricultural, rural, open, open-rural, or a substantively equivalent land use, as a rural land stewardship area. Within these areas, planning and economic incentives are applied to encourage the implementation of innovative and flexible planning and development strategies and creative land use planning techniques. This and other land use planning techniques, such as clustering development and transferable development rights, are tools to facilitate the construction of public works projects and the acquisition oflands necessary to protect and restore the watershed and downstream receiving water bodies. Lead Agency: Depal1ment of Community Affairs (FDCA) Supporting Agencies: Local Governments, WMDs, and FDEP Complete by 2011 . Elimination of land applications of domestic wastewater residuals Domestic wastewater residuals, including Class AA residuals, contain nutrients. These residuals continue to be imported and land applied in phosphorus sensitive basins. The volume of residuals being land applied in the Lake Okeechobee basin, which extends northward to include the Upper and Lower Kissimmee Basins, has decreased but the material still being applied is contributing excessive nutrients to already ecologically degraded systems. However, the amount of material in the St. Lucie Estuary and Caloosahatchee Estuary watersheds has been increasing. Steps need to be taken to eliminate the land application of residuals within these watersheds to remove a nutrient loading source from the system. This will prevent over 600 metric tons of phosphorus from being land applied in the watersheds. LeadAgency: FDEP Supporting Agencies: FDACS, SFWMD Complete by 2015: . Full implementation of the Lake Okeechobee Protection Program and the CERP Lake Okeechobee Watershed Project The SFWMD, in cooperation with FDEP and FDACS, developed the Lake Okeechobee Protection Plan (LOPP) as required by the Lake Okeechobee Protection Act. The LOPP contains a phased, watershed-based comprehensive approach to reduce phosphorus loading to the lake, as specified in the adopted Total Maximum Daily Load (TMDL) for the lake. Numerous activities and projects in the watershed are currently being planned and implemented by the coordinating agencies. These activities include the implementation of phosphorus source control programs including on-site Best Management Practices and regional water detention and phosphorus control projects, restoration of isolated wetlands, and in-lake remediation activities. In addition, the Lake Okeechobee Watershed Project (LOWP) of CERP will provide substantial amounts of water storage and approximately 39% of the load reduction needed to meet the TMDL. Continued support of this program through 2015 is imperative. Lead Agencies: SFWMD, FDEP, FDACS, and USACE Supporting Agencies: University of Florida - Institute of Food and Agricultural Sciences (UF-IF AS), Natural Resources Conservation Sef\';ce (NRCS), U.S. Department of Agriculture (USDA), FWC, USFWS, local governments LAKE OKEECHOBEE & ESTUARY RECOVERY -_A bold and aggressive action plan - 3 - \.; ..., · Additional Challenges for Action Plan Partners Local Governments · Work with the 9 County Coalition for Responsible Management of Lake Okeechobee and the St Lucie and Caloosahatchee Estuaries and Lake Worth Lagoon to develop local government consensus on Lake and Estuary issues/needs · Implement stormwater utilities and stormwater retrofit projects · Partnerships to creatively use existing public lands for water quality retrofit projects · Assist with EMP implementation for low phosphorus fertilizer in urban settings · Move forward to convert residential septic tank systems to central sewer · Step up land acquisition for preservation and restoration Florida Inland Navigation District · Remove sediments and stabilize the banks of the St Lucie u.s. Army Corps of Engineers · Replace structures 5-308 and S-77 with top or mid-water release instead of the current bottom water release to reduce sediments moving into the St. Lucie and Caloosahatchee u.s. Congress · Authorize the Water Resources Development Act Indian River Lagoon PIR · Implement the Modified Water Deliveries project LAKE OKEECHOBEE & ESTUARY RECOVERY -_A bold and aggressive action plan - 4· '-' ...., PRAYER OFFERED I October 11, 2~~~..._ BOCC MEETING Dear Father, Thank you for this day and the hope you offer for the future. Father in Your Name We Pray, Amen '-' "'"" BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 4, 2005 Tape: 1-2 Convened: 9:00 a.m. Adjourned: 11 :40 a.m. Commissioners Present: Frannie Hutchinson, Chairperson, 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, Mike Brillhart, Special Projects Director, Pete Keogh, Parks and Rec. Director, Beth Ryder, Community Services Director, Ed Parker, Purchasing Director, David Kelly Planning Manager, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held September 27, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 05-359- Consider staff recommendation to adopt Resolution No. 05-359, a resolution commending Stephen Douglas Shipe for attaining the Rank of Eagle Scout. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 05- ~5t), and; upon roll call, motion carried unanimously. .. ß. The County AdminÎstra(or gave a presentation on the Louisiana Trip. C. Mr. Daniel M. Cary gave an update on the White City report. Com. Hutchinson asked the Board to consider making White City as a CRA and this may give them the opportunity to apply for grants. Ms. Patricia Ferrick, North Fork Property Owners, addressed the Board and stated they do not support a round about on Midway due to it being a Hurricane Evacuation route and stated they do not support the area being included in a CRA. Mr. Herbert Beach, White City resident, addressed the Board and stated he had conducted a survey of the area and 11 residents preferred a traffic light and 5 preferred a round about. He also stated he was infonned by many residents that they were not in favor of another park in the area. Ms. Lisa Nelson, area resident and business owner, addressed the Board and stated she did agree with the alignment of citms and sunrise and she was open to the CRA concept. She also asked thc Board to consider discussing having thc stormwatcr problcm in the area corrected. Com. Craft stated the Board was committed to preservation and there was not any intention of removing historical buildings for development purposes. D. The County Administrator read upcoming events. '-' ....."I 3. PUBLIC COMMENTS Ms. Nadine Stewart, addressed the Board regarding a problem with Waterstone Development behind her home. She advised the Board ofthe workers utilizing her property as a bathroom because they were too lazy to walk a few feet to the port a pottie and also the workers were leaving their trash on the ground. Mr. Frank Stewart, advised the Board that the berm on the southeast comer was not up to "snuff'. He stated he had discussed this issue with Mr. Larkin and he advised him he would correct the problem. The Board advised Mr.lMrs. Stewart oCthe existing plan oCwho to contact when there was a problem. Ms. Susie Caron, area resident addressed the dangers of workers utilizing property as a bathroom. The Board advised Ms. Caroll that ill [he evell( somdhing like this occurs lIwy should contact the Sheriffs department immediately. Mr. Luis Barton, Chuck's Seafood, addressed the Board regarding the article in the newspaper and stated he would be paying the fines assessed and correcting any issues before he leaves the area. His daughter will continue to run the restaurant. 4. CONSENT AGENDA (2-365) It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda with items C3A and C3B pulled and item Cl3B rescheduled, and; upon roll call, motion carried unanimously. ""'0 1. WARRANT LIST The Board approved Warrant List No. 53. 2. COUNTY ATTORNEY A. Resolution No. 05-373 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-374 Extending the State of Emergency for Hurricane Jeanne- The Board approve Resolution No. 05-373 and Resolution No. 05-374. B. Request Permission to Advertise Public Hearing- Petition to abandon a portion of a 30 foot right of way known as Grose Road- The Board authorized advertising a Public Hearing (0 be held 011 November I, 2005 al (,:00 p.lI1. or as soon (hereaner as possible. C. Florida Yards and Neighborhoods Program- Interlocal Agreement with City ofFt. Pierce- The Board approved the proposed interlocal agreement with the City ofFt. Pierce for the Florida Yards and Neighborhoods Program and authorized the Chairman to sign the agreement. D. Termination of Lease with Whispering Creek Co-op- The Board approved terminating the lease and waived the $80. in rent that is past due and owing. 2 09/30/05 FZABWARR FUND 001 001156 001164 001165 001166 00116fl 001172 001180 001293 001294 001310 001814 101 101001 ].O].()OJ 101006 101106 101218 102 102001 104003 105 107 107001 002 _ 1006 129 140 140336 140337 160 170 181 183 183001 183004 183006 185001 185005 185006 185008 204 215 217 282 310002 310003 310201 '-' ST. LUCIE COUNTY - BOARD WAR~IT LIST #53- 24-SEP-2005 TO 30-SEP-2005 FUND SUMMARY TITLE General Fund FTA USC Seeton 5307 Oper. Assist. USDOJ Violence Against Women Grant CSBG Grant FY05 Section 112/MPO/FHWA/Planning 05 Urban Mobilo Irrigation Lab 01/05 CDBG Grant FY 05 US Dept Housing HUD Shelter Plus Gr TDC Planning Grant FY 05 FDCA/EMPA 2005 Dep Innovative Recyclin/Waste Redu Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust Intcr1oca1s 'l'rlultJportttt:.ioll 'l'rurJt!Loc"l Option Transportation Trust/Impact Foos USDA (NRCS) Emergency Watershed Prt FDOT Midway Road PD &'E Study Unincorporated Services Fund Drainage Maintenance MSTU Hurricane Frances Donations Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund-Court Related Technology Parks MSTU Fund Port & Airport Fund Rehabilitation of Taxiway E Install Perimeter Fencing #412400 plan Maintenance RAn Fund Court Facilities Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Administrator~Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY03/04 FHFA SHIP FY04/05 FHFA SHIP FYOS/06 FHFA Hurricane Housing Recovery Communication System I&5 Fund Sales Tax Revenue Bonds I&S Fund State Revenue Sharing Bonds 1&S Fnd Environmental Land I&S Fund Impact Fees-Parks Impact Fees-Public Buildings FDEP/FRDAP Ancient Oaks " \ EXPENSES 1,339,304.99 1,350.74 12,921.41 1,256.10 5,174.59 749.38 5,637.91 4,657.00 307.62 1,388.66 10.00 205.46 B5,814.64 9,102.02 13,259.17- 101,901.10 665,681. 51 24,618.01 71,855.19 15,498.34 1,200,50 1,876.65 359,039.84 418.66 1,180.82 10.52 12,960.00 35,349.12 33,900.00 69,628.01 3,613.18 0.00 312.40 4,065.27 .'-. 78.81 .., 2,094.60 876.79 1,022.03 78.00 1,789.41 3,900.00 131,575.00 2,818,173.31 27,686.53 1.,345,405.00 16,1.50.61. 343,921.00 41,397.00 -..I PAGE PAYROLL 4,582.41 6,234.75 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 21,900.76 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21,900.76 0.00 0.00 0.00 0.00 0.00 0.00 2,263.73 8,096.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 09/30/05 FZABWARR FUND 316 316201 401 418 421 441 448 449 451 458 461 471 478 479 481 489 491 505 505001 611 615 625 630 676 '-' ST. LUCIE COUNTY - BOARD WARRANT LIST #53- 24-SEP-2005 TO 30-SEP-2005 FUND SUMMARY TITLE EXPENSES County Capital FDEP/FRDAP Savanna Rec Phase II Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Uti1-Renewa1 & Replacement Fund NHI Uti1 - Capital Facilities Fund S. Hutchinson Utilities Fund SH Uti1-Renewal & Replacament Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Airport Util - Capital Fac Fund Building Code Fund Health Insurance Fund- Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Tax Deed Overbid Agency Fund King Orange MSBU Fund 53,093.30 3,245.20- 122,036.96 21,311. 94 563.82 7,175.89 75.68 328.44 2,283.29 172.62 17,620.27 6,953.09 54.57 28,809.94 913.35 11.67 104,358.89 83,202.55 1,388.57 4,522.84 56,825.14 284.43 9,334.87 1,687.50 GRAND TOTAL: 8,250,164.57 '.. 't. \ '-' PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,968.82 0.00 0.00 0.00 0.00 0.00 0.00 69,947.44 2 :}:::..! . '.'..,.............;~~........,......~....'.. E'.'.·.~.~.......:.........'.t...:.....:; ','~~~,.. ~..~ TCERDA '-r -....I Treasure Coast Education, Research and Development Authority TCERDA BOARD October 3, 2005 Mr. Doug Anderson County Administrator St. Lucie County Building 2300 Virginia Avenue Fort Pierce, FL 34982 O. R. Minton, Jr. Chalnnan Linda Cox Vice Chair Dear Doug: Jane Bachelor Secretary On behalf of the Treasure Coast Education, Research and Development Authority (TCERDA), let me express our appreciation for your interest in the Research Park Executive Director search and selection process. Thomas Jones Treasurer At the September TCERDA Board meeting, Authority Board . members, by unanimous vote, formally adopted a job description in line with other State and Regional research parks. Authority Board members also adopted guidelines for the search and interview process. Our general time table is to advertise and receive applications in October, 2005; conduct interviews in November; and select the most qualified candidate available in December. The Executive Director's anticipated employment start date is January, 2006. Jose Farinos Sherwood "Buddy" Johnson Dr. Joe Joyce '~ As the COLmty Commissioners' directed at our joint workshop on September 19, the Authority will notify you of any interview opportunities and schedules, so you may participate in the quest for a CEO-type Executive Director. Kathleen McGinn Gerri McPherson If you wish to recommend amendments to either the Board- approved job description or the selection time frame outlined above, please contact the Authority Board Secretary, Jane Bachelor to be placed on the October Board Agenda for the purpose of Executive Director employment discussions in the presence of all Authority Board members. Dr. Peter Stoffella Sincerely, ßéi ¡ff¡l(t()1( O. R. Minton, Jr. TCERDA Board Chairman '-' '"'" Executive Director Research Park JOB DESCRIPTION This position reports to the Chairman and the Board of the Treasure Coast Education, Research and Development Authority (the "Authority"). The Authority is created by F8 159.70], and is responsible for "creating research parks...for the purpose of promoting scientific research and development in affiliation with and related to the R & D of one or more public or private state accredited universities and for the economic development of the counties, and tor the purposes of tinancing or refinancing capital projects related to the establishment of a research and development park..." The nine-member Board is appointed by the County Commissioners of 81. Lucie County, and serves for terms from 1-4 years. Authority members are persons who are residents and electors of, or have their principal place of employment in, 81. Lucie County. A 1 OJ ¡ seat is filled by an Ex Officio Member appointed by the President, or the President's designee, of the University of Florida. The Chair and the Vice-Chair shall be elected annuaJly from the members of the Authority and may be reelected. The Executive Director shall carry out the plans, purposes and objectives of the Authority. The Executive Director shall develop programs and execute those duly approved. The Executive Director shall receive such compensation as the Authority may decide. To accomplish the above, the descriptions of specific functions are: Management: I) Management of Authority poJicy and agreement implementation with University oj' ¡:¡orid;1 adlllinistration a (I appropriate stakeholders on tenant research, stlpport and alliliation. '.,. 2) Providing a source for tenant point oì'contact with the University, the Authority and other entities, as appropriate. Recommending to the Authority and the University improvements of value to the tenants. 3) 1mplementation of policies, contracts and agreements with Research Park developers, builders, maintenance associations and other contractors, as needed, to insure Authority policies and obligations are fulfilled on a timely basis. This is accomplished by regular personal and written communications and meetings. The Director is responsible for any preliminary preparation if/when negotiation of issues may be required by the board. 4) Implementation of contracts, agreements and obligations on behalf of the Authority with City, county, state and other governmental agencies involving assessments, traffic, safety, services and support for the research parks. 5) Lead the tenant qualification process and work with potential tenants to identify affiliation potentials at the University. .. '- ,....¡ 6) Screen and identify other research park site/opportunities for the Authorily. 7) Identitication of other required board actions as they arise, and the completed staff work to brief and prepare board members and appointed committees on possible alternative actions, with advice and review ITom the Authority's attorney. Administration: 1) Conduct and produce annual tenant review of research parks- with identified projects and issues for Authority and University liaison. 2) Administer lease agreements, collection and disbursements of expenses per Authority policy and guidelines. 3) Prepare and monitor budget plans and controls, track cash flow and prepare the annual budget for Authority board approval, with future year estimates, as weiI as current year projections. Make Chair and board aware of any potential budget exposures, giving enough lead time tt)r board action. 4) Manage and administer clerical slIpporl of AlIlhorily filllct ions, Board llIecl ings. appoillll1lCllts, committees, accounting and audit. Insure proper reporting alld compliallce as required by slale alld county ordinances. 5) Ensure insurance and emergency/disaster plans are in place tor park and Authority assets. 6) Conduct quarterly tenant meetings for exchange and discussion of possible collaboration and park related issues. 7) Arrange and organize regular monthly, as well as all special, Authority board meetings, to include public notices, minutes and the contacting of interested parties/ press. Extemal Relations: 1) Maintain regular communications with tenants and provide information of value to their organizations. 2) Maintain contacts and relations with Óutside economic development agencies and organizations, to include informatiôb and presentations to service and other organizations within the community. 3) Timely, on-going improvement and updating of Authority brochures, signs, web site, press releases, and other public contact channels to ensure they best represent the Research Park, its tenants and stakeholders. 4) Maintain current participation and ensure the Authority is represented in professional organizations in both the public and private sectors. Credential Requirements: 1) Accredited college or university degree in Marketing, Management or Business required; accredited college or university Masters in Business Administration (MHA) prcf(~rrcd. '-' ...." 2) Minimum of five (5) years Busmess and/or Marketing experience, preferably in both public and private sector arenas. 3) Proven ability to work with multiple agencies in both the public and private sector in domestic and intemational business communities. 4) Experience in project management and a demonstrated ability to handle multiple activities simultaneously. 5) Exposure and working knowledge of financials, financial statements and other key business planning instruments. 6) Experience with the management of medium-to-Iarge staffs. 7) Clear oral and written communication skills. R) "Vork seheduJe flexibility to aJ]ow participation In evening/weekend IlIcel i 1I[',s/act i vi I iL~~; I) Abilily to travel, as illlerl1lillcnttravc! will be incorporated into this position, 10) Solid community relations and experience; demonstrated ability to interact wilh key community and state leaders, boards and commissions.· 11) The ideal candidate's key strengths include excellent interpersonal, oral and written communication and presentation skills, solid management and decision- making abilities, strategic assessment, project management, planning and implementation capabilities, organizational skilJs, leadership skills and is a demonstrated team player. Essential Physical Skills: 1) Use of both hands and fingers with dexterity. 2) Good hand/eye coordination. 3) Very frequent use of good near vision, good hearing. 4) Occasional walking and standing. Environmental Condition Requirements: Constant work inside the office in a sedenlary posture. Work Hazards: '... "\.~'. Possible vision dysfunction due to heavy computer work. Safety Equipment Needed or Used: None. '-' .." E. Resolution No. 05-376- Neill Fanns South Jenkins Road and McNeil Road- Right of Way dedication- The Board approved Resolution No. 05-376, authorized the Chainnan to sign the Plat of Neill Farms and directed staff to record the Resolution in the Public Records of St. Lucie County, Florida. F. Treasure Cost Education Research and Development Authority- The Board authorized staff to· order Ownership & Encumbrance Searches Treasure Coast Abstract and Title Insurance Company as shown on the letter agreement. G. Budget Amendment No. BA05-195- The Board approved Budget Amendment BA05-195 transferring $15,000 from the General Fund Contingency to the Professional Services account noted above. 3. PUBLIC WORKS A. Code Compliance 501 Weatherbee Road- this item was pulled. B. Codc Compliancc 3506 Avenue R- this item was pulled. C. Reduction in retainage- The Board approved a reduction in retainage from 10% ($1,239,575.60) to 2% ($247,915.12) for Ranger Constmction Industries, Inc., for the Indian River Drive Middle Project. 4. PARKS AND RECREATION A. Facilitics Usc Agreemcnt 1Ft. Picrcc Firc Inc.- The Board approved the Facilities Use Agreement with Ft. Pierce Fire Inc., as drafted by the County Attorney and authorized the Chainnan to sign. B. Amcnclmcn( to Equipment Request No. EA06-118A and Budget Amendment No. BA06-101- The Board approved Equipment Request No. EA06-118A and Budget Amendment No. BA 06-101. C. Tradition Field Stadium ·Fee waiver- The Board approved the waiver of$2,900.00 in fees for the St. Lucie County Jam for Katrina Relief fundraiser as requested by the North Treasure Coast Chapter of the American Red Cross and the United Neighbors For Humanity, Inc. D. Sole Source status Fairwinds Golf Course- The Board approved Titlelist Golf, Foot Joy, Callaway Golf and Precept/Bridgestone Sports as sole source providers for their respective brands of golf merchandise. The Board also approved the purchasing level of not more than $25,000 for each of the aforementioned distributors remain at the same level for the period of October 1,2005 through September 30, 2006. E. Facilities Use Agreement- Ft. Pierce Buccaneers, Inc.- The Board approved the Facilities Usc Agreement with the Ft. Pierce Buccaneers Inc. as drafted by the County Attorney and authorized the Chainllan to SIgn. 5. CULTURAL AFFAIRS Establish a Change Fund in the amount of$75.00 at the Historical Museum- The Board approved the $75.00 change fund at the St. Lucie County Historical Museum. Staff would have both a $50.00 cash fund and a $75.00 cash fund in compliance with County policy. 3 '-' '-' G. PURCHASING A. Award of Bid No. 05-097 US 1 Median, Orange Avenue Median and Jenkins Road Mowing Contract- The Board awarding Bid No. 05-097 US 1 Median, Orange Avenue Median and Jenkins Road Mowing Contract to the lowest responsive bidder Treasure Coast Lawn rnc for a total amount of$125,372.19 and approved the Chainnan to sign the contract as prepared by the County Attorney. B. Change Order No.1 for Contract C05-04-250 with Martin Fence Co.- The Board approved Change Order No. 1 for Contract C05-04-250 with Martin Fence Co., and authorized the Chainnan to sign the change order as prepared by the County Attorney. C. Bid Waiver and sole source declaration for service and purchase of parts for certain County Equipment for Fiscal Y car 2005-2006- for Solid Waste, Central Services and Service Garage- The Board approved the bid waiver and sole source declaration for the parts and service to Kel1y Tractor for Caterpillar, Flagler Equip. Company, LB. Smith for Volvo and Samsung. Sierra International Machinery, LLC for MacPress Balers and conveyors Continental Biomass Industries, Inc., for grinder, Lubo USA, LLC for C & D processing equipment, Menzi USA for Menzi Muck and Great Southern Equipment for Gradal!. D. Award RFP No. 05-054 Electrician Services Annual Contract- The Board approved awarding RFP No. 05-054 to Imperial Electrical Inc.. per the attached rates and pennission for the Chainnan to sign the contract as prcpared by the County Attorney. E. First Amcndment to Wor~ Authorization No. 37 for Contract COO-03- 236 with Masteller & Moler, Inc., - The Board approved the First Amendment to Work Authorization No. 37 and authorized the Chainnan to sign the amendment as prepared by the County Attorney. F. Pennission to advertise a RFP for Advertising Services for the Tourism/Economic Development Division- The Board approved advertising the RFP for qdvertising services for the Tourism/Economic Development Division. G. Sixth Amendment to Contract No. C02-04-399- with Tenninix International Company- The Board approved the Sixth Amendment to Contract No. C02-04-399 with Tenninix International Company and authorized the Chainnan to sign the amendment as prepared by the County Attorney. II. l'ixcd ^ssc( Invcntory- The Board approvcd the rcqucst It)r Propcrly Rccord Rcmoval and permission 10 advertise invilation [or bid for thc Sale of one 5508 .lohn Deere Dozer, one 3408 Ford Tractor, one 3910 Ford Tractor, one .lohn Deere GOOD Compactor, and one Dixie Chopper Mower. 7. COMMUNITY SERVICES A. Amendment No.1 extending grant completion date and sub agreement to implement grant- The Board approved the Chair signing Amendment 1 extending the SFWMD grant completion date and the Sub-grant Agreement with the Ft. Pierce Housing Authority to implement the grant. 4 '-~ "J B. Outside Agency Grant Contracts FY 2005-06- The Board approved the grant agreements and authorized the Chainnan to sign the agreements. 8. GROWTH MANAGEMENT A. Consider Draft Resolution No. 05-349- replacing Resolution No. 05- 149 which granted a zoning change from RS-4 to RF zoning for House of Prayer Pentecost Church- The Board approved Resolution No. 05- 349. B. Consider Draft Resolution No. 05-350 granting Major Site plan approval for proj ect to be known as Church of God in Christ - The Board approved Resolution No. 05-350. C. Consider approval of changes made to the Job Growth Investment Grant- The Board approved the proposed amendments to the County's lob Growth Investment Grant. D. Treasure Coast Sports Commission inc. 2005/06 Grant Contract- The Board approved the proposed grant contract for Treasure Coast Sport Commission and authorized the Chainnan to sign the contract. 9. INVESTMENT FOR THE FUTURE Approve purchase of 6 pews- The Board approved the purchase of 6 pews for 81. Lucie West Annex and approved Equipment Request No. EQ06-2ll at a cost of$I,441.50 each. 10. MANAGEMENT AND BUDGET A. Request for approval of aP,vance in the amount of $252,000. to the County Tax Collector- The Board approve the advance. B. Request for approval of Budget Resolution No. 05-372- The Board approved Budget Resolution No. 05-372 to establish FY 06 Budget for the 2005 FDLE, Office of Domestic Preparedness Homeland Security Grant Program- Law Enforcement Terrorism Prevention Grant FYOG Budget of$2l, 500. 11. UTILITIES Final Payment Application and release of retainage- The Board approved final paymcnt application and release of retain age with Astaldi Contruction Corporation in the amount of $218,395.22 for work completed for the North 8t Lucie County Seminole Utility Extension. 12. PARKS RI~FERI~N )IJM Construclion Bond & Two Year Maintenance Agreement far Ihe Rubberized Track at Lawnwood Stadium- The Board authorized staff to amend the contract awarded to American Athletic Courts in the amount of $194,350.00 an increase of $4,850.00 to cover the cost of constmction bond and a two year maintenance agreement and authorized the Chairman to sign the contract. 13. HUMANN RESOURCES A. Board of County Commissioners Non-Bargaining Employees Benefits- The Board approved the benefits for Non Bargaining BCC employees. 5 ,,-.~..,., B. New position- Research and Education Park Director - Consider staff recommendation to approve the position. It was the consensus of the Board to bring this issue back to the Board on November 8, 2005 for discussion and receipt of input. Therefore it was moved by Com. Coward, seconded by Com. Craft to rescind the prior motion to approve this position; and, upon roll call, motion carried unanimously. REGULAR AGENDA 5.A GROWTH MANAGEMENT (2635) Consider Draft Resolution No. 05-154 granting the petition ofBJK Inc., for Final Planned Unit Development and Preliminary Plat approval for the project known as Creekside- Consider staff recommendation to adopt Resolution No. O~0154 granting the petition ofBJK, Inc. for Final Planned Unit Development and Preliminary Plat approval for the project known as Creekside. It was moved by Com. Coward, seconded by Com. Smith, to approve Resolution No. 05- 154, and; upon roll call, motion carried unanimously. 5B. GROWTH MANAGEMENT (20857) Second Public Hearing on Draft Ordinance No. 05-113 Research and Education Park Overlay Zone- Consider staff recommendation to adopt Draft Ordinance No. 05-113 creating the Research and Education Park Overlay Zone. Mr. Rick Minton, President of the Authority addressed the Board and stated Phase A was the original build out and requested clarification on the balance of the project build out to take place within the next 25 to 30 years and stated the park will be entirely for public use. Ms. Jane Bachelor. Secretary TCERDA addr.cssed the Board regarding the job description of the Director and stated the Authority did not concur with the description drancd by County slan~ She advised and presented the Board with thejob description adoplcd by the Authority at the September mceting. She fclt the position was under funded. Ms. Bachelor expressed the Authority's concern with the Director answering to the County Administrator and not the Authority. The County Administrator stated he was not aware ofthe new job description drafted by the Authority. Com. Craft stated he would like to send this back so that the Board may have a better understanding of the Research Authority as well as our staff as to what we are expecting from this position. Com. Hutchinson stated she concurred and stated she had assumed both staff shad worked together in putting together the job description. Com. Coward stated they needed to get some of these details worked out before moving fÒrward. It was moved by Com. Coward, seconded by Com. Craft to baring back the overlay and well as the job description with further input from the Authority and bring in back to the Board, November 8,2005; and, upon roll call, motion carried unanimously. 5.C COUNTY ATTORNEY (2-2025) 2005 Economic Development Exemption Application- Scripps Treasure Coast Publishing Company Ordinance No. 05-034- Consider staffrecommendation to adopt Ordinance No. 05-034 as drafted. 6 'rf '.J It was moved by Com. Craft, seconded by Com. Smith to approve Ordinance No. 05-034, and; upon roll can, motion carried unanimously. 5.D COUNTY ATTORNEY (2-2170) 2005 Economic Development Exemption Application- Atlantic Truss Co., Ltd.- Ordinance No. 05-035- Consider staff recommendation to adopt Ordinance No. 05-035 as drafted. It was moved by Com. Craft, seconded by Com. Lewis, to approve Ordinance No. 05- 035, and; upon roll call, motion carried unanimously. 5.E COUNTY ATTORNEY (2-292) 2005 Economic Development Exemption Application- Tropicana Products Inc.- Ordinance No. 05-036 as drafted. It was moved by Com. Lewis, seconded by Com. Coward, to approve Ordinance No. 05- 036, and; upon roll call, motion carried unanimously. 6. UTILITIES (2-2371) Staffrequestcd approval of the Standard Potable Water and Wastewater Development Agreement by and betwccn St. Lucic County and Coconut Cove, LLC with bulk service from FPUA. It was movcd by COIll. Craft, seconded by Com. Lewis, to approve the Agreement subject to reservation of capacity by FPUA, and; upon roll call, motion carried unanimously. 7. ADMINISTRATION .., Cultural Affairs vacant appointment- Upon tally of the votes, the Board appointed Ms. Anna Preston. 8. COUNTY ATTORNEY Resolution No. 05-375- Extending the maturity date for some advances made by the County from the Line of Credit for MSBU's with Bank of America. It was moved by Com. Coward, seconded by Com. Smith, to approve Resolution No. 05- 375, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board the meeting was adjourned. Chairman Clerk of Circuit Court 7 ~. ...J ANNOUNCEMENTS Octo...r II, ZOOS 1. Meeting Changes: . November 15, 2005 Board of County Commissioners Reorganization meeting will be at 9:00 a.m. . The December 27, 2005 Board of County Commissioners meeting is canceled. 2. The Board of County Commissioners, St. Lucie County, Florida, is currently seel:ling applications from persons desiring to be nominated for appointment by the County Commissioners to serve on the St. Lucie County Code Enforcement Board. Interested persons can obtain an application from the County Administration Office, 2300 Virginia Avenue, Fort Pierce, FL 34982. The deadline for submission is October 14, 2005 for more information call 772-462-1156. 3. The Board of County Commissioners will hold a Public Hearing on the TVC Element Amendment on Monday, October 17, 2005 at 6:00 p.m. in the County Commission Chambers. 4. The Board of County Commissioners will hold a Public Hearing on the FPL Site Plan on, October 25, 2005 at 6:00 p.m. in the County Commission Chambers. 5. The Annual UDT Seal Muster will be held on Saturday, November 12, 2005 at 11:00 am at the UDT Seal Museum on North Hutchinson Island. 6. The Board of County Commissioners, City of Fort Pierce Commission, and the City of Port St. Lucie Council will hold a Joint Meeting on Friday, February 3, 2006 at 2:00 p.m. in the County Commission Chambers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings. individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (Tl2) 462-1777 or TDD (Tl2) 462- 1428 at least forty-eight (48) hours prior to the meeting. '-J \-- ....I AGENDA REQUEST ITEM NO. !SA DA TE: October 11, 2005 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 05-037 - Adoption of Amended Impact Fee Study BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt Ordinance No. 05- 037, as drafted. [X] APPROVED [ ] DENIED . [ ] OTHER: Approved 5-0 uglas Anderson County Administrator COMMISSION ACTION: 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 · ~ ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1638 DATE: September 28, 2005 SUBJECT: Ordinance No. 05-037 - Adoption of Amended Impact Fee Study ******************************************************************.***.*...*.. BACKGROUND: Attached is a copy of draft Ordinance No. 05-037 which, if adopted, would incorporate the revised study prepared by Dr. James Nicholas relating to Public Buildings Impact Fees, Roads Impact Fees and Parks Impact Fees. A copy of Dr. Nicholas' revised study is attached. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 05-037, as drafted. DanielS. McIntyre County Attorney DSM/ caf Attachments '-" ..., ORDINANCE NO. 05-037 AN ORDINANCE AMENDING ARTICLE II OF THE CODE OF ST. LUCIE COUNTY RELATING TO IMPACT FEES AND ORDINANCE 05-030, PROVIDING VARIOUS LEGISLATIVE FINDINGS, AMENDING THE PROVISIONS RELATING TO THE ADOPTION OF THE STUDY FOR PUBLIC BUILDING IMPACT FEES, AMENDING THE PROVISIONS RELATING TO THE ADOPTION OF THE STUDY FOR ROADS IMPACT FEES, AMENDING THE PROVISIONS RELATING TO THE ADOPTION OF THE STUDY FOR PARKS IMPACT FEES, PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 6, 2005, the Board of County Commissioners adopted Ordinance No. 05-030, which amended Article II, of the Code of St. Lucie County relating to impact fees, and WHEREAS, that Ordinance incorporated various studies prepared by Dr. James Nicholas relating to Public Building Impact Fees, Roads Impact Fees and Parks Impact Fees, and WHEREAS, as a result of more detailed information some modification of these studies has occurred, and WHEREAS, the Board of County Commissioners believe it is appropriate to amend Article II of the Code of St. Lucie County, and Ordinance No. 05-030, to specifically incorporate the revised study; and WHEREAS, the adoption of the revised study into the Ordinance is not a land use regulation nor does it change the actual list of permitted conditional or prohibited uses within a zoning category or change the actual zoning map designation of a parcel of parcels of land, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. CHAPTER 1-16.3 PUBLIC BUILDINGS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY AND ORDINANCE NO. 05-030 ARE HEREBY AMENDED BY AMENDING SECTION 1-16.3-23 AS FOLLOWS: Sec. 1-16.3-23. Use offunds. 4 '-' ""'" (a) The collecting governmental unit shall be entitled to up to but not more than four (4) per cent of the funds collected to compensate them for the administrative expense of collecting and administering the public buildings impact fee ordinance. All remaining funds collected from public buildings impact fees shall be used solely for the purpose of capital improvements to the county's Public Buildings contained within the County's Comprehensive Plan and identified within the study entitled "Public Buildings Impact Fees for St. Lucie County," dated September, 2005, by Dr. James Nicholas, which is incorporated by reference and adopted as part of this Ordinance, and not for maintenance or operations. Land acquisition and improvements shall be of the type made necessary by the county's growth and development PART B. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY AND ORDINANCE NO. 05-030 ARE HEREBY AMENDED BY AMENDING SECTION 1-17-31 AS FOLLOWS: Sec. 1-17-31 Use of funds and road benefit zones. (b) All funds collected from road impact fees shall be used solely for the purpose of capital improvements or enhancements to transportation facilities associated with the arterial and collector road network of the county as identified in the county's comprehensive plan or the comprehensive plans of the City of Fort Pierce, City of Port St. Lucie, St. Lucie Village or by the State of Florida and identified within the study entitled "Roads Impact Fees for St Lucie County," dated September, 2005, by Dr. James Nicholas, which is incorporated by reference and adopted as part of this Ordinance. Road impact fees shall not be used for maintenance or operation purposes. Such improvements shall be of the type as are made necessary by the new development PART C. CHAPTER 1-15 PARKS IMPACT FEE· OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY AND ORDINANCE NO. 05-030 ARE HEREBY AMENDED BY AMENDING SECTION 1-15-43 AS FOLLOWS: Sec. 1-15-43. Use of funds. (a) The collecting governmental unit shall be entitled to up to but not more than four (4) per cent of the funds collected to compensate them for the administrative expense of collecting and administering the parks impact fee ordinance. All remaining funds collected from parks impact fees shall be used solely for the purpose of capital improvements to the parks system, including, beach access areas, special recreation areas and regional recreation areas under the jurisdiction within the Comprehensive Plan of St Lucie County and identified within the study entitled "Parks Impact Fees for St Lucie County," 4 ~ ...,J dated September, 2005, by Dr. James Nicholas, which is incorporated by reference and adopted as part of this Ordinance, or with prior approval of the county commission those parks, beach access, regional recreation and special recreation areas under the jurisdiction of the City of Ft. Pierce, Port St. Lucie, St. Lucie Village or the State of Florida and not for maintenance or operations. Land acquisition and improvements shall be of the type made necessary by the county's growth and development. PART D. 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 E. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This ordinance, being necessary for the welfare and the inhabitants of the County shall be liberally construed to affect the purposes hereof. PARK F. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect upon receipt of official acknowledgment of filing as provided in Section 125.66(2), Florida Statutes. PART G. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby Îs directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. 4 '-" ...., PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Vice Chairman Commissioner Commissioner Commissioner Frannie Hutchinson Douglas Coward Joseph Smith Paula A. Lewis Christopher Craft PART I. 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 D to I shall not be codified. PASSED AND DULY ADOPTED this day of ,2005. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: By: Chair Deputy Clerk APPROVED AS TO FORM AND CORRECTN ESS: County Attorney 4 '-' ..." . PUBLIC BUILDINGS 11v1PACT FEES FOR ST. LUGE CbUNTY . ROAD 11v1P ACT FEES FOR ST. LUGE CbUNTY AND . PARKS 11v1P ACT FEES FOR ST. LUGE CbUNTY Prepared By James C. Nicholas, Ph.D. September 2005 '-" '-' Table of Contents I. Impact Fees ........................................................... 2 A. 8t Lucie County Impact Fee Program. .................2 B. County Population Growth. ...................................4 C. Employment Growth .............................................6 D. Land Development .......................................8 II. Roads................................................................. 10 III. Public Buildings.................................................. 14 IV. Parks & Recreation .........,........,........................ 16 \wi ~ I. Impact Fees A. St Lucie County Impact Fee Program. S1. Lucie County was one of the first counties in Florida to adopt impact fees. In 1986 the County adopted road impact fees while park & recreation, public building, law enforcement, fire protec- tion, public libraries and public education impact fees followed later. These impact fees all followed what has become known as the needs or formula driven approach. This approach begins with the specification of a quantities level of service, such as 7,500 vehicles per lane-mile per day. The generalized cost of providing a urnt of facility improvement, such as a lane-mile or road or an acre of park land, is used to project the cost ofmaintairnng an adopted level of service. The altemativeto the needs driven method is the improvements method. This method allocates shares of specified capital between existing and new development and then among the various components of new development The advantage of the improvements method is that there is a inventory of improvements that are needed and a specific funding program, including impact fees, can be designed to implement that set of improvements. 8t Lucie County has expressed a desire to move from the general needs approach to impact fees to the more specific improvements approach. A set of improvements driven impact fees are developed herein. St Lucie County has implemented a system of countywide development impact fees. These fees are; · Roads, Parks and recreation, Public buildings, Law enforcement (sheriff), Fire protection and EMS, Pubhc libraries, and Public education. · · · · · · 2 '-' ..." The existing impact fees are shown in Table II-I. TABLE 11-1 EXISTING IMPACT FEES ST LUCIE COUNTY 2005 Roads Schools Parks Library Public Builrlinas RESIDENTIAUUNIT: SinD Ie Family $2 059 $4 956 $456 $182 $347 Mobil Home/RV Unit (Park OnlY) $1.029 $1 430 $299 $163 $227 Multi-family 1/2 firs $1 500 $2 536 $406 $118 $310 Multi-familv 3+ firs $784 $2 536 $406 $118 $310 Hotel/Motel· oer room $1 950 $0 $293 SO $224 Bed & Breakfast (Guest Rooms) $947 !b0 $293 $0 $224 Other Residential $1500 $4 956 $468 $182 $347 OFFICE AND FINANCIAL PER 1 000 FT2: General Office $1259 I $0 $0 $0 $390 Medical Office $5 633 I $0 $0 $0 $623 RETAIL PER 1 000 FT2: Retail - under 100000 sf $2 673 $0 $0 $0 $438 Retail- 100000 - 499999 sf $2 532 $0 $0 $0 $504 Retail - 500 000 + sf $2477 $0 $0 $0 $367 GASOLINE SERVICES (PER SERVICE POSITION) Gasoline Pumos $7 076 $0 $0 $0 $63 INDUSTRIAL PER 1 000 FT2: Warehouse $414 $0 $0 $0 $55 Truck Terminal $835 $0 $0 $0 $111 General Industrial $461 $0 $0 $0 $89 INSTITUTIONAL PER 1.000 FT2: School - Elem. $1 136 $0 $0 $0 $499 School· Middle/HiDh School . $1 125 $0 $0 $0 $2 206 Dav Care Center $3740 $0 $0 $0 $268 Fraternal Ora. $860 $0 $0 $0 $0 Hosoital $1 583 $0 $0 $0 $416 ·'0 . $352 $0 $0 $0 $449 Nursln Home Librarv $2 548 $0 $0 $0 $628 RECREATION las snecified\ Park (Citv/Countv/State) - (oer acre) $214 $0 $0 $0 $63 Recreation Facilitv (oer 1 000 sf) $292 $0 $0 $0 $79 Golf Course (oer Acre) $475 $0 $0 $0 $162 Movie Theatres (oer Seat) $41 $0 $0 $0 $71 This program was designed to assess a portion of the cost of inrrastructure on the development creating the 3 '-' ...." need for infrastructure improvements. The roads, park & recreation, public building and law enforcement impact fee receipts are shared between the county and the City of Port 8t Lucie. The sharing is: TABLE 11-2 DISTRIBUTION OF IMPACT FEE RECEIPTS FEE DISTRIBUTION IMPACT FEE Admin I SCHOOL FIRE SLC PSL DISTRICT DISTRICT Law Enforcement 4% 77% 19% Educational Facilities 4% 96% Road 4% 38% 58% Public Buildinos 4% 81% 15% Parks & Recreation 4% 29% 67% Library 4% 96% Fire/EMS 4% 96% B. County Population Growth. In order to develop equitable impact fees it is fIrst necessary to identify demographic parameters for the county. Table ll-2 sets out the historic and projected growth of 8t Lucie County and of the city of Port 8t Lucie. Figure 1 graphically shows these data. The growth ofthe City of Port 8t Lucie TABLE 11-2 HISTORIC AND PROJECTED GROWTH ST LUCIE COUNTY AND PORT ST LUCIE 1980-2010 St Lucie Countv Port St Lucie Population Dwellinas Pooulation Dwellinas 1980 87182 40915 14690 6359 1981 93 705 18 789 1982 99 705 22 887 1983 104673 25314 1984 109 833 27 999 1985 114 738 30 968 1986 119 960 34 252 1987 126 105 37 885 1988 132416 i 43 873 1989 139 655 49 860 1990 150171 73 843 I 55 866 24241 1991 I 155 368 59 702 1992 1 59 302 62813 1993 i 163 B31 65 722 4 '-" ..", TABLE 11-2 HISTORIC AND PROJECTED GROWTH ST LUCIE COUNTY AND PORT ST LUCIE 1980 - 2010 St Lucie Countv Port St Lucie PODulation Dwellinas Ponulation Dwellinns 1994 167 833 68 223 1995 172 212 71 776 1996 176 272 74894 1997 180 338 77 985 1998 184 242 80 484 1999 188 327 83 254 2000 192 695 91262 88 769 36 785 2001 198 211 93874 92 493 38 328 2002 205 340 97251 96 430 39 960 2003 211 898 100 357 103 072 42712 2004 226216 107 138 115 155 47719 2005' 235716 111 637 122 655 50 827 2006' 245216 116 136 130155 53 935 2007* 254716 120 636 137655 57 043 2008' 264216 125 135 145 155 60 151 2009' 273716 129 634 152 655 63 259 2010' 283 216 134134 160155 66 367 . Projected SOURCES: Bureau of the Census, www census gov, Florida Statistical Abstract, various years, St Lucie County, February 2005, and Fishkind & Associates and City of Pori St Lucie, September 2005.. has been very significant in the growth of the county. In 1980 Port St Lucie constituted 17% of total county popuíation. By 2000 this percentage had risen to 46%. Between 1980 and 2005 77% of total county population growth occurred within the City of Port St Lucie. It follows that 77% of the demand for countywide infrastructure improvements has been from the City of Port St Lucie. It is anticipated that the percentage of total county growth from Port St Lucie will remain at approximately 80%. 5 v ~ c. Employment Growth Population growth by in-migration has been the dominant factor within St Lucie County for the recent past and is projected to continue that dominance in the foreseeable future. Population growth stimulates employment first in demand for homes and then in demand for supporting services. As demand and the labor force reach threshold size, industrial activities will begin to occur both as import substitution and as export activities. TABLE 11-4 EMPLOYMENT ST LUCIE COUNTY 1998-2010 EMPLOYMENT Growth New Participation Rate Jobs 1998 49 286 26.75% , 1999 49274 -0.02% -12 26.16% 2000 51 134 3.77% 1860 26.54% 2001 51961 1.62% 827 26.21 % 2002 54971 5.79% 3010 26.77% 2003 58117 5.72% 3146 27.43% 2004 63 765 9.72% 5648 28.19% 2005' 66 000 3.51% 2235 28.00% 2006' 68 660 4.03% 2660 28.00% 2007* 71320 3.87% 2660 28.00% 2008' 73 980 3.73% 2.660 28.00% 2009' 76 640 3.60% 2660 28.00% 2010' 79 300 3.47% 2660 28.00% . Projected SOURCE: US Department of Labor, Table ll-4 shows the growth in employment by industry. The largest number of new jobs is projected to be in health care with 4,698. This is closely followed by construction with 4,521. The greatest rate of gro'W1h is for wholesale trade at 11.8% per year. Total employment is projected to grow at 4% per year. The projected growth of population is 3.6%, indicating that the St Lucie County economy is evolving, most likely by import substitution. The data would suggest that distributional functions (warehousing) will increasing be performed within the county. This would also appear to be the case for financial, administrative and managerial services. 6 '-'" "WIll TABLE 11-5 GROWTH OF EMPLOYMENT BY INDUSTRY ST LUCIE COUNTY 1998 -2010 INDUSTRY NEW . RATE OF JOBS GROWTH Aoncullure forestrv fishino and huntino (2030) -4.0% Minino (7) -2.5% Construction 4521 8.2% Manufacturino 926 2.7% Wholesale trade 4295 11.8% Retail trade 2628 2.5% Transnortation and warehouslnn 78 1.9% Information (264) -2.5% Finance and insurance 1799 6.3% Real estate and rental and leasina 538 4.8% Professional and technical services 699 3.0% Management of companies & enterorises 4 0.3% Administrative and waste services 3210 9.6% Educatianal services 288 7.8% Health care and social assistance 4698 4.8% Arts entertainment and recreation 189 2.9% Accommodation and food services 2360 4.0% Other services exceot oublic admin. 242 1.2% Unclassified 0 0.0% Other 873 5.7% Federal 387 5.0% State 539 2.9% Local 4039 3.7% Total all industries 30014 4.0% While employment data are themselves interesting, they are included herein in order to project the demand for non-residential development 7 "" ..." D. Land Development Table II-6 shows the projected demand for non-residential floor space by general land use type. This demand is projected using the ratio of employees per 1,000 square feet of floor area calculated by allocating 2002 to 2004 employees to the number of square feet of heated floor area by type of building as contained in the records of the St Lucie County Property Appraiser. The ratios calculated for St Lucie County are: LAND USE TYPE Commercial/Retail Office Hotel/Motel Industrial Institutional FT' PER EMPLOYEE 653.60 291.58 861.84 1,107.42 868.24 TABLE 11-6 DEMAND FOR NON-RESIDENTIAL SPACE ST LUCIE COUNTY 2005 - 2010 Retail Office Hotell Industrial Institu- Total Motel tional 2005 9 252 664 3 652 995 1 598 392 12654834 13048975 40 207 860 2006 9 549 467 3 829 885 1 658871 13169432 13575327 41 782981 2007 9 846 269 4006775 1719350 13684029 14101 678 43358101 2008 10143071 4 183665 1 779 829 14198627 14628030 44 933 222 2009 10439873 4 360 555 1 840 308 14713225 15154381 46 508 342 2010 10736676 4 537445 1 900 787 15227823 15680733 48083 463 Chanae 1484011 884450 302 394 2 572 989 2631 758 7 875 602 In addJtion to accommodating 22,496 new residences, St Lucie County will need to accommodate 7,875,602 additiona] square feet of non-residential development. Table II-7 summarizes the magnitude of develop- ment projected for the county: 8 '-' ..., TABLE 11-7 PROJECTED DEVELOPMENT ST LUCIE COUNTY 2005 - 2010 County Port St Lucie POGulation 47 500 37 500 Dwellinas 22 496 15540 Non-Residential: Retail 1 484 011 1 098 342 Office 884 450 654 596 Hotel/Motel 302 394 223 807 Industrial 2 572 989 1 904313 Institutional 2631 758 1 947809 Total 7 875 602 5 828 868 NOTE: It is not possible to project the precise location of non- residential development. The projections shown in Table II-7 mdlcate that approximately 80% of a]] county growth wi]] occur either within or proximate to the City of Port St Lucie. While the growth within the City wi]] stimulate substantia] non-residential development, it is not possible to project the exact location within city limits. However, that non-residential development wi]] be the result of Port St Lucie growth and w¡]] be proximate to if not within city limits. 9 '-' ""'" VIII. Roads The need for road improvements is one of the most important and most expensive decisions facing a growing conmmnity. 8t Lucie County has prepared a Capita] Improvement Program (CIP) showing the roads that will need improvement in order to accommodate the anticipated growth. This program is summarized in Table III-I. The expansion projects are identified by geographic zone, I through 4. Zones 3 and 4 are the Port 8t Lucie area. TABLE 111-1 ROAD CAPACITY IMPROVEMENTS 2006 - 2010 Capacity Enhancements - 2006-10 I ZONE PSL ROC TOTAL US 1 & Indrio Intersection I 1 $0 $374,126 $374,126 Total Lennard Rd Project Lennard Rd Ph I (Psi Blvd - Walton Rd) 4 $0 $0 $0 Lennard Rd Ph Ii (Walton Rd-Us 1) 4 $9,675,635 $6,450,424 $16,126,059 Lennard Rd Iii Right Of Way 4 $1,849,290 $1,232,861 $3,082,151 Lennard Rd Msbu Public Share 4 $300,000 $200,000 $500,000 Lennard Road Widening Row 4 $300,000 $200,000 $500,000 South Jenkins Road Construction 3 $119,985 $79,991 $199,976 Glades & Selvitz Intersection 3 $510,000 $340,000 $850,000 Picos Road . 1 $0 $7,500 $7,500 Citrus Ave Widening (Ctry Gdn-Saegr) 4 $0 $50,000 $50,000 So 25 St Phase Ii (Midway-St James) 4 $11,431 $7,621 $19,052 Midway Rd ( U.S 1-25th) 4 $8,020,877 $5,347,251 $13,368,128 Edwards Rd & Selvitz Inter 2 $318,613 $212,408 $531,021 Glades & Midway Inter 3 $148,000 $98,667 $246,667 Glades & Midway InUWalmart (Incl Util) 3 $845,252 $563,501 $1,408,753 Avenue "0" Improvements 2 $0 $0 $0 Midway Rd & Selvitz Inler 3 $510,000 $340,000 $850,000 Walton Rd Phase I (V Green To Lennard) 3 $4,710,000 $3,140,000 $7,850,000 Indrio & Kings Hwy Study 1 $0 $250,000 $250,000 Jenkins (Midway To Angle) 1 $900,000 $600,000 $1,500,000 Jenkins Rd (10 Mile To Edwards) 1 $900,000 $600,000 $1,500,000 Midway Rd (South 25th SI. -Turnpike) 4 $296,400 $197,600 $494,000 West Midway Row 4 $600,000 $400,000 $1,000,000 West Midway Design Plans 4 $600,000 $400,000 $1,000,000 West Midway Road Construction 4 $6,000,000 $4,000,000 $10,000,000 Midway And Weatherbee Intersection 4 $60,000 $40,000 $100,000 Indrio Road Widening Design Plans 1 $0 $1,500,000 $1,500,000 Indrio Road Widening Construction 1 $0 $5,000,000 $5,000,000 Indrio Road Widening R/W Acquisition 1 $0 $1,000,000 $1,000,000 ¥ .,J TABLE 111-1 ROAD CAPACITY IMPROVEMENTS 2006 - 2010 ZONE PSL 1 1 TOTAL 1 500 000 1 500 000 73 307 433 SOURCE: St Lucie County, 2005 Adopted Capital Improvement Plan. TABLE 111-2 CAPACITY IMPROVEMENT COST AND REVENUES BY AREA PSL ROC Total County Growth 2006 - 2010 69.08% 30.92% 100.0% Imorovements in: Zones 1 & 2 0.00% 49.97% 50.0% , Zones 3 & 4 50.03% 0.00% 50.0% TOTAL CAPACITY IMPROVEMENTS $36675483 $36 631 950 $73 307 433 TOTAL MAINTENANCE $22243 776 $22217 374 $44461 150 TOTAL IMPROVEMENTS $58919 259 $58 849 324 $117768583 REVENUES: Motor Fuel Taxes $7 680 405 $7671 288 $15351 693 Grants & Other $1 299375 $1 297832 !t2 597 207 CarrY Over $7 002 997 $6994 684 $13997681 Imoact Fee Carrvover $5 953 533 $5946467 ~11 900000 Total Revenue $21 936309 $21910272 $43846581 Maintenance Cost $22 243 776 $22217374 $44461 150 Available for Canacitv ($307 467) ($307102\ ($6145701 Canacitv Cost $36 675 483 $36 631 950 !t73 307 433 Caoacitv Sub-Total $36 675 483 $36631 950 $73 922 003 ImDact Fees at Existinn Levels $35 184 099 $15751 202 $50 935 302 Net Deficit ($1 491 384) ($20880748) !t22 986 701 Needed Revenues as % 104.24% 232.57% 145% 11 '-' ...J Table III-3 summarizes net capacity improvement costs by area and per Vehicular Mile of Travel added during 2006 to 2010. TABLE 111-3 ROADIMPROVEMENTSCOSTPERVMT PSL 36675483 461861 7941 ROC 36631 950 196 607 186.32 Total 73 307 433 658 467 111.33 87.77 ; ! i Net Ca acit New VMT Per VMT Fee er VMT Table III-4 uses the calculated net capacity improvement cost to recalculate road impact costs on a per unit basis. This calculation is for a single mainland-wide fee that does not vary by district or service area. The island areas would still have separate fee schedules (not shown) based on the unique travel characteristics of those areas. TABLE 111-4 IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY ,ND USE TYPE (UNIT) TRIP TRIP %NEW VMT Exist- Recalcu- RATE LENGTH TRIPS ing Fee lation nole Familv 9.20 5.10 100.0% 23.46 $2 059 !t2612 obile Home/Ree. Vehicle 4.60 5.10 100.0% 11.73 !!:1029 $1 306 ulti-Familv 1 & 2 StorY 6.70 5.10 100.0% 17.09 $1 500 $1 902 ulti-Familv 3 + Stories 3.50 5.10 100.0% 8.93 $784 $994 otel/Motel - Room 10.10 4.40 100.0% 22.22 $1 950 $2474 ad & Breakfast - Room 4.90 4.40 100.0% 10.78 $947 $1200 II Other Residential 6.70 5.10 100.0% 17.09 !!:1 500 $1902 :FICE & FINANCIAL PER 1 000 FT2: ther Office 12.20 4.70 50.0% I· 14.34 $1 259 $1 596 ,edical Office 1 54.60 4.70 50.0% 64.16 $5 633 $7 142 :TAIL PER 1 000 FT2: nder 100 000 FT2 61.50 3.30 30.0% 3044 !!:2673 $3 389 )0 000-399 999 H2 37.95 3.80 40.0% 28.84 $2 532 $3 211 )0 000 & Over 26.25 4.30 50.0% 28.22 !!:2477 $3142 c.,sOLlNE SERVICES: erviee Station Per Position 168.56 2.55 37.5% 80.59 $7 076 $8 972 DUSTRIAL PER 1 000 FT2: larehouse 2.44 5.10 75.0% 4.67 !!:414 $520 ruck Terminal 4.93 5.10 75.0% 942 "835 $1 049 ienerallndustrial 2.72 5.10 75.0% 5.19 "461 $578 'STITUTIONAL: . chool - Elem. Per 1 000 FT2 12.03 4.30 50.0% 12.93 !!:1 136 $1 440 chool - MiddlelHinh Per 1 000 FT2 i 11.92 4.30 50.0% 12.81 $1 125 $1427 I 'ay Care Per 1 000 FT2 79.26 4.30 25.0% 42.60 !!:3740 $4743 12 '-'" "J TABLE 111-4 IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY LAND USE TYPE (UNIT) TRIP TRIP %NEW VMT Exist· Recalcu- RATE LENGTH TRIPS ing Fee lation Fraternal Ora. Per 1 000 FT2 9.11 4.30 50.0% 9.79 $860 $1 090 Hosnital Per 1 000 FT2 16.78 4.30 50.0% 18.04 $1583 $2 008 Nursina Home Per 1 000 FT2 3.72 4.30 50.0% 4.00 $352 $445 Librarv Per 1 000 FT2 54.00 4.30 25.0% 29_03 $2 548 $3231 RECREATIONAL: Park (Public) Per Acre 2.28 4.30 50.0% 2.45 $214 $273 Recreation Facilitv {aiD Per 1 000 FT2 3.10 4.30 50.0% 3.33 $292 $371 Golf Course Per Acre 5.04 4.30 50.0% 5.42 $475 $603 13 ~ .....,¡ III. Public Buildings Table IV-I shows the capacity enhancements to countywide public buildings. TABLE IV-1 PUBLIC BUILDING CAPACITY IMPROVEMENTS 2006 - 2010 CAPACITY IMPROVEMENTS Inmate Workfarm Debt Service - Jail Public Defender's Office Ex ansion Debt Service - Clerk of the Courts Buildin Emer enc 0 erations Center· 911 Communications Center Buildin TOTAL IMPACT FEE REVENUE NET SOURCE: St Lucie County, 2005 and 2006 Capital Improvement Plans. A substantial portion (54%) ofthe public building costs are debt service on long-tenn debt incurred for the jail and the Clerk of the Courts building. The total debt outstanding for these two facilities is $40 million, amortized over 28 years. The disaggregation of improvement cost is done on the basis of total dwelling units to be built in the county and witlún Port St Lucie. A public buildings improvements impact fee is shown in Table IV -2. This fee is calculated to equal the existing fee levels at $330 per capita. A revised calculation necessary to fully fund the deficit shown in Table IV-1. 14 '-'" 'wi! TABLE IV-2 PUBLIC BUILDINGS IMPROVEMENT IMPACT FEE ST LUCIE COUNTY LAND USE TYPE (UNIT) Existing Revised % Change Fee Calculation Sinqle Familv $347 $783 125.7% Mobile Home/Rec. Vehicle $227 $512 125.7% Multi-Familv 3 + Stories . $310 $700 125.7% Multi-Familv 1 & 2 Storv $310 $700 125.7% Hotel/Motel - Room $224 $506 125.7% Bed & Breakfast - Room $224 $506 125.7% All Other Residential $347 $783 125.7% OFFICE AND FINANCIAL PER 1 000 FT2: Other Office $390 . $880 125.7% Medical Office $623 $1 406 125.7% INDUSTRIAL PER 1 000 FT2: Warehouse $55 $124 125.7% Truck Terminal $111 $251 125.7% General Industrial $89 $201 125.7% . GASOLINE SERVICES: Service Station Per Position $63 $142 125.7% RECREATIONAL Park (Public) Per Acre $63 $142 125.7% Recreation Facililv {all1 Per 1 000 FT2 $79 $178 125.7% Golf Course Per Acre $162 $366 125.7% Movie Theatre $71 $160 125.7% INSTITUTIONAL: School - Elem. Per 1 000 FT2 $499 $1 126 1257% ' School - Middle/Hinh Per 1 000 FT2 $2 206 $4 979 125.7% Dav Care Per 1 000 FT2 $268 $605 125.7% Fraternal Om. Per 1 000 FT2 $0 $0 0.0% Hosoital Per 1 000 FT2 $416 $939 125.7% Nurslnq Home Per 1 000 FT2 $448 $1011 125.7% Librarv Per 1 000 FT2 $628 $1417 125.7% RETAil PER 1 000 FT2: Under 100 000 FT2 $438 $989 125.7% 100 000-399 999 FT2 $504 $1 137 125.7% 400 000 & Over $367 $828 125.7% 15 '-" ."J IV. Parks & Recreation Table V -1 shows the park & recreational improvements program from 2006 to 2010. Many of the proposed improvements are repairs and replacements and such expenditures are not eligible impact expenditures. Items shown in the Impact Fee colwnn are those that are eligible impact fee improvements. Those in the PSL coJunm are those that serve the City of Port St Lucie and those in the ROC column serve the rest ofthe county. PARK IMPROVEMENT I Total Imoact Fee PSL ROC Lakewood Park: Communily_Ctr/Park Develooment $200 000 $200 000 $0 I $200 000 I Communitv Ctr/Park Dev/Plavnround $550 000 $550 000 $0 $550 000 Lawnwood Sports Complex: Concession/Restroom Construc- tion/pool construction and gym $1356 150 $1356150 $0 $1 356150 i Construction PoolIGvmnasium ~1 450000 $1 450000 $0 $1 450000 Resurface tennis courts/sun shades $20 000 $0 $0 $0 Dollman Park: Restroom/turn and decellanes $300 000 $300 000 $0 $300 000 Oceanside Restroom and North/South Parking lots $1 550000 $1 550000 $1317500 $232 500· Phase I - Parking, drainage and iandscaping, Phase II - Restroom, $1 150000 $1 150000 $977 500 $172500 trail development Ooen Soace Pool: Recons truction/renova tion $0 $0 $0 $0 Pool Renovation/Basketball Court Cover $400 000 $0 $0 $0 Basketball Court Covers $150000 $0 $0 $0 White Citv: BoardwalklBridoe "56182 $'56 182 $28 091 I $28 091 Park Imorovements $125000 $125000 $62 500 $62 500 Walton Rocks: Restroom Renovations $30 000 $0 $0 $0 Remodel kitchen/water filtration sys. $25 000 $0 $0 $0 Restroom renovation/roadway pavinç¡ $525 000 $0 $0 -~ Paradise Park Pools: TABLE V-1 PARK & RECREATION IMPROVEMENT PROGRAM ST LUCIE COUNTY 16 '-' 'wII PARK IMPROVEMENT Total ImDact Fee PSL ROC Renovati on/Reconstruction $350 000 $0 $0 $0 Renaint surtace $8 000 $0 $0 $0 Ravenswood Pool: Solash Park/Bldo. Construction $414000 $414000 $393 300 $20 700 Splash Park/Bldg. Construction and Shuffleboard Court $700 000 $700 000 $665 000 $35 000 Pool Renovations $0 $0 'to 'to PeDcer Park New Restroom Construction $285575 $285575 $0 $285 575 Elks Park Restroom/Concession $485 575 $485 575 $0 $485 575 Restroom/Concession $708878 $708 878 'to $708 878 County Parks Irrioation to various oarks $485 575 $485575 $0 $485575 Savanna Camp Grounds: Replace Group Camping Area, I Dredging canals and installing $550,000 $0 $0 $0 I drainaoe system Maintenance Shed Renovations $86700 $0 $0 $0 Electronic oate control (front oate) $6 420 $3210 $0 $3210 Fairgrounds: Improvements - dump station/water filtration system/campsites $421 000 $210500 't147350 $63 150 Offices (North and South) Concession/Restroom $1 300000 $650 000 '1.455 000 't195 000 Equestrian Roofed Area & stalls $1 160000 $696 000 $487 200 $208 800 Completion of campgrounds, showers, restroom. Irrigation, paving East and West Parking lot, walkway/sidewalks $1 893678 $946 839 $662787 $284 052 Harbour Pointe Pavilion and landscaaino $115443 $57 722 $0 $57722 South Causeway: Desion/E nn i neerinn/Pa rki nn $739 790 $739 790 $0 $739790 Landscaaino and sidewalks $150000 $75 000 't22 5DO $52 500 Lincol n Park: Cons tructi on/Renova ti on s . $50 000 $0 $0 $0 Bldg renovation/design/construct $1 556000 $0 $0 $0 ovm Ulous Ellis; Construction Pop Warner Press $257 665 $128833 $0 $128833 Box/Concession New Restroom Construction $145100 $145100 ! $0 't145100 River Park Marina PI aygroundfT rails/Boardwalks Restrooms/boat trailer parking and - parking lot (Additional Master Plan elements & Grant Fund matches) $550 000 $550 000 ti40 000 $110000 - ---- TABLE V-1 PARK & RECREATION IMPROVEMENT PROGRAM ST LUCIE COUNTY 17 '-" ..",., PARK IMPROVEMENT Total Impact Fee PSL ROC Wave land Park Renovate bid os $200 000 SO ~O ~O 10 Mile Creek/Don West Develonment ~150 000 ~150 000 S97 500 S52 500 South County Stadium: Permanent Bleachers/Press BoxlPA SystemNisitors Bathroom . & Concession/(2) Ticket booths $1 600000 . $1 280000 S1 216000 S64 000 Debt Service $144 250 $144 250 $137038 ~7 213 Bovs and Girls Club Shared develoDment $550 000 $550 000 $522 500 $27 500 Frederick Douglas Roadway Improvements & Dune crossovers S360 000 $360 000 $252 000 S108000 John Brooks: I Roadwav Imorovements S300 000 S150000 I S105000 $4S 000 I Road Millinns ~30 000 '1:0 I '1:0 ~O Fort Pierce Community Center: Plavaround Enuinmenf ~18 825 ~18 825 '1:0 $18825 Desion/build laroe screen room S10000 $10000 SO ~10 000 Desinn/Addifion ~ 50 000 ~50 000 ~O ~50 000 Civic Center: Staoe Curtain ~90 000 ~O $0 '1:0 Linhtinn S 30 000 $Q ~O $0 Maravilla Park Construct full-size basketball CQurt ~14 126 ~14 126 ~O ~14 126 Future Land Purchase Land nurchase S1 238500 S1 238500 $0 ~1 238500 Recreation Division Office Sionaoe '1:3000 950 ~O $750 I Misc. ParkslBallfields Re-Iamn SO $0 $0 SO Continoencv $116125 $77 804 '1:0 $ 77 804 TOTALS . $25 211 557 S18 064 183 '1:7 988 766 S10075417 TABLE V-1 PARK & RECREATION IMPROVEMENT PROGRAM ST LUCIE COUNTY The items shown in Table V-I are summarized in Table V -2 and impact fee receipts are also shown. It is clear that there is a deficit in the proposed improvement program. Park & TABLE V-2 PARK & RECREATION IMPROVEMENTS SUMMARY recreation improvements projected impact fee receipts arc shown in Table V-3. The existing fees 18 '-' ...., will yield, countywide, an estimated $10,178,240. The revised improvements impact fees will yield $18,064,183. TABLE V-3 PARK & RECREATION IMPROVEMENTS IMPACT FEE Existing Fee Revised 19 ~ '-' ~ AGENDA REQUEST ITEM NO. 5B DATE: October It 2005 REGULAR [] PUBLIC HEARING [XX] CONSENT [] SUBMITTED BY(DEPT): Growth Management PRESENTED BY: gi p¿ //}v1 ,wcl;1¿¡ Br1líh~rt TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Development Agreement with Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: N/A RECOMMENDA TION: Staff recommends that the Board continues the second public hearing until Tuesday, October 18, 2005 at 6:00 p.m. in order to coincide with the public hearing for the Rocking Horse Ranch preliminary PUD application to be held on this date. County Attorney: (J Ju Do as Anderson County Administrator Review and Approvals COMMISSION ACTION: Approved 5-0 Motion to ~ APPROVED continue to Tuesday, October lAI ¡ R, 2005 at 6:00 p.m. or as [ ] OTHER: soon there after that is might be heard. 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: Michael Brillhart, Strategy & Special Projects Director DATE: October 5, 2005 SUBJECT: Development Agreement with Johnson Road Development Group, LL.C. (Rocking Horse Ranch) *********************************************************.**..*..****.*-****** BACKGROUND: Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) has proposed to fund improvements to the intersection of Johnson Road and Indrio Road through a development agreement. These improvements are necessary to mitigate traffic impacts of the proposed Rocking Horse Ranch PUD upon the intersection. A copy of a proposed development agreement is attached. Under the terms of the proposed agreement, the Developer will pay the County Four hundred fifty thousand and 0/100 ($450,000.00) dollars to pay for the design and construction of the intersection improvements. Approval of the Agreement will require two public hearings. The Board granted permission to advertise on July 28, 2005. RECOMMENDATION/CONCLUSION: Staff recommends that the Board continues the second public hearing until Tuesday, October 18, 2005 at 6:00 p.m. in order to coincide with the public hearing for the Rocking Horse Ranch preliminary PUD application to be held on this date. Respectfully submitted, it/JI gj/i¡< Michael Brillhart Strategy & Special Projects Director DSM/caf Attached '-" ,.., DV A 05-01 DEVELOPMENT AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AND JOHNSON ROAD DEVELOPMENT GROUP, L.L.C. THIS AGREEMENT is made and entered as of this 11th day of October, 2005, by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA (the "Board"), and JOHNSON ROAD DEVELOPMENT GROUP, L.L.C., a Florida Limited Liabilty Company (the "Developer"). WHEREAS, the Board and the Developer recognize the following: A. This Agreement is entered into in accordance with the Florida Local Government Development Agreement Act, 163.3220-163.3243, Florida Statutes (Act), and Section 11.08.00 (Development Agreements) of the St. Lucie County Land Development Code (LDC). B. The Developer owns certain real property (Property) located in St. Lucie County, Florida, described in the attached Exhibit" A" (Property). C. The County has determined that improvements to the intersection of Johnston Road and Indrio Road are needed in order to mitigate the traffic impacts of the proposed Rocking Horse Ranch Residential Sudivision upon the County Roadway System in accordance with the County's Adequate Public Facilities Ordinances. D. In order to foster comprehensive and sound capital facilities planning and financing, to ensure the provision of adequate public facilities for development concurrent with the impacts of development, to encourage the efficient use of resources, to reduce the economic cost of development, and to afford certainty in the approval of development, the Board and the Developer desire to establish by agreement the terms under which the Property may be developed. E. On September 20th, 2005, the Board held the first public hearing on this Agreement, after publishing notice approximately seven days prior to the first hearing. Notice of intent to consider this Agreement was mailed by the Board at least 15 days prior g:\atty\agreemnt\AG De. Group Page 1 of 12 \w; 'wi to the first hearing to all property owners, as reflected on the current years tax roll, lying within 500 feet of the Property. F. On October 11, 2005, the Board held the second public hearing on this Agreement, after publishing notice approximately seven days prior to the second public hearing and after announcing at the first public hearing the day, time, and place of such second public hearing. NOW, THEREFORE, in consideration of the mutual covenants entered between the parties, and in consideration of the benefits to accrue to each, it is agreed as follows: 1. Accuracy of Recitals. The above recitals are true and correct. 2. Mandatol"Y Provisions. a. Leqal Description and Owner. The land that is the subject of this Agreement is described in the attached Exhibit" A". The owner of legal and equitable title to the Property is JOHNSON ROAD DEVELOPMENT GROUP, L.L.C., a Florida Limited Liability Company. b. Duration. This Agreement shall expire ten (10) years after the effective date provided in Section 11, unless earlier terminated as provided in Section 8, c. Uses. Densities, Intensities, Heiqht. and Architectural Standards The development uses permitted on the Property, including densities, intensities, and height, shall be as follows: Uses Allowed: Single Family Residential 160 Single Family Dwelling Units Density Allowed: One (1) Unit Per Acre Intensity Allowed: g:\atty\agreemnt\AG Dev Group Page 2 of 12 '-' ....." L.D.C. Hei9ht Allowed: As is currently allowable under the St. Lucie County Architectural Standards d. Future Land Use Map DesiQnation. The land use designation of the Property under the future land use element of the St. Lucie County Comprehensive Plan is RE ("Residential Estate"). e. ZoninQ. The current zoning of the property is A1 ("Agriculture"). f. Site Plan. On or before ,2005, the Developer shall submit and obtain Board approval of a conceptual site plan for the Property consistent with the provisions of Section 2c herein. On or before October 11, 2005, the Developer shall submit and obtain Board approval of a final site plan for the Property consistent with the approved conceptual site plan and the provisions of Section 2c herein. g. Public Facility AdeQuacy. Development of the property is contingent upon completion of the improvements identified on Exhibit "C". h. Local Development Permits. The local development permits required for the development of the Property are: (1) Rezoning - to RE "Residential Estate" (2) Regulatory permits - surface water management permit(s) from the South Florida Water Management District. The g:\otty\ogreemnt\AG Dev Group Page 3 of 12 '-' ..." (3) need for other regulatory agency permits shall be determined based upon final site construction plans. Subdivision plat approval - will be required prior to the sale of any lots or properties. Final development order - required prior to commencing construction. Site plan approval - required prior to commencing construction. Building permit - required prior to commencing construction. (4) (5) (6) i. Responsibility for Local Development Permits. All local development permits shall be obtained at the sole cost of the Developer and in the event subdivision plat approval and/or a building permit is/are not received, no further development of the Property shall be allowed until such time as the Board has reviewed the matter and determined whether or not to terminate this Agreement or to modify it in a manner consistent with the St. Lucie County Comprehensive Plan. j. Consistency with Comprehensive Plan. The Board finds that the development of the Property as provided in this Agreement is consistent with the St. Lucie County Comprehensive Plan. k. Consistency with LDC. Provided that the Developer submits and obtains Board approval of a site plan in accordance with Section 2c of this Agreement that complies with the County's Land Development Code ("LDC"). The Board finds that the development of the Property as provided in this Agreement is consistent with the LDC. I. Compliance with Other Law. Failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Developer of the necessity of complying with the law governing such permitting requirement, condition, term, or restriction; and any matter or thing required to be done under existing ordinances of St. Lucie County shall not be otherwise amended, modified, or waived unless such amendment, modification or waiver is expressly provided for in this Agreement with specific reference to the code provision so amended, modified, or waived. g:\otty\agreemnt\AG Dev Group Page 4 of 12 '-' ....I m. Necessary Conditions. The Board reserves the right to impose conditions and requirements on any development order as necessary to protect the health, safety, and welfare of the public and the citizens of St. Lucie County. 3. AQreement to Construct and Fund Improvements. The Developer agrees to design, permit, and construct the improvements identified on Exhibit "C". Furthermore, The Developer agrees to pay the entire cost for the design and construction of the improvements identified on Exhibit "C". This cost is currently estimated to be $450,000.00. This obligation shall survive the revocation or termination of this Developer Agreement. 4. Road Impact Fee Credits. In exhange for the Developers payment for design and construction of the improvements identified on Exhibit "C", the County shall grant the Developer Road Impact Fee credits in the amount of $450,000.00. Said Road Impact Fee Credits shall be transferable from the Developer to any lot owner in the Rocking Horse Ranch Residential Subdivision. These credits may only be used in association with houses permitted in the Rocking Horse Ranch Residential Subdivision. 5. Final Site Plan Submittal. On or before October 11, 2005, the Developer agrees to provide a final site plan (the" Site Plan") to the Board in accordance with the provision of Section 2c of this Agreement showing the proposed development of the Property. The Developer further agrees that the plan for development of the Property as shown on the Site Plan will not be changed unless approved by the Board in its discretion by action of the Board separate and apart from any regulatory approvals required for the development of the Property by the Board or any other regulatory agency. 6. Road Right-of-Way Dedication. Within forty-five (45) days from the date of this Agreement, the Developer agrees to dedicate and convey to the Board a 1.24 acre May 3, 2005 strip of land for right-of-way purposes as shown on Exhibit "B". The conveyance shall be by general warranty deed in recordable form and shall be free and clear of all liens and encumbrances. At least fifteen days prior to the conveyance, the Developer, at the Developer's expense, shall deliver the following to the Board: a. Commitment for title insurance showing that the Owner has marketable title to the right-of-way parcel. Within forty-five (45) days after closing, the Developer shall deliver a title policy to the County consistent with the commitment naming the County as the insured. g:\atty\agreemnt\AG Dev Group Page 5 of 12 '-" .." b. Sealed survey certified to the Board showing no encroachments. c. Phase I Environmental Audit certified to the Board showing no evidence of hazardous waste contamination on the right-of-way parcel. d. Beneficial Interest Affidavit, if required. 7. Impact Fees. No building permit shall be issued for development of the Property unless and until any and all impact fees required under then applicable ordinances have been paid by the Developer or its assigns. Nothing in this Agreement shall constitute a waiver by the Developer of its right to apply for road impact credits for the dedication pursuant to the St. Lucie County Code of Ordinances (the "Code"). If the Board determines that the dedication is eligible for credits against road impact fees pursuant to the Code, the parties agree to enter into a separate Road Impact Credit Agreement. 8. AdeQuacy of Public Facilities; Continued Reservation of Capacity. The following items in regard to the adequacy of public facilities in this area are acknowledged: a. Drainage: The Property is located in part within the identified 100 year flood plain. All construction activities will be in accordance with applicable St. Lucie County and South Florida Water Management District permitting standards and regulations. b. Potable Water: The project is not required to extend or connect to the potable water system. c. Sanitary Sewer: The project is not required to extend or connect to the sanitary sewer system. d. Solid Waste: Sufficient capacity exists in the St. Lucie County Landfill to service the anticipated demands of the Property. e. Parks: Sufficient capacity exists within all required level of service categories for the proposed number of residential units. f. Mass Transit: Not applicable. g;\atty\agreemnt\AG Dev Graup Page 6 of ] 2 '-' .."", g. Roads: Subject to completion of the improvements identified on Exhibit "C", sufficient roadway capacity will exist to support the proposed development of this project. 9. Amendment of Cancellation by Mutual Consent. This Agreement may be amended or cancelled by mutual consent of the parties, and shall terminate upon the issuance of the last Certificate of Occupancy for last residential building as shown on the Site Plan Materials. Prior to amending this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. No further development permits that would result in the generation of any additional required Level of Service impacts will be issued until a new Final Development Order has been issued. Any application for a new Final Development Order, except for a modification to an existing building, structure, or site facility that does not require a new concurrency review, will be subject to all applicable standards and regulations in effect at the time the application is filed. Any application for Final Development Order, for a modification to a building, structure, or site facility built or constructed in accord with the terms of this development agreement shall be subject to any applicable St. Lucie County construction standard or code in effect at the time the application is filed. 10. Involuntary Revocation of Development AQreement. The Board may revoke this Agreement if the Board determines through its annual review of this Agreement that the terms and conditions of this Agreement, including all amendments or extensions thereto, have not been complied with. Prior to any revocation of this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. At the public hearing(s). the Developer will be given an opportunity to rebut the determination that the requirements of this Agreement, or any amendments thereto have not been complied with. If the Board determines that revocation of this Agreement is not necessary, the Board may amend the terms of this Agreement to provide for any reasonable condition necessary to assure compliance with the requirements of this Development Agreement, and any extensions or amendments thereto. Either party or any aggrieved or adversely affected person may file an action for injunctive relief in the Circuit Court for St. Lucie County to appeal the revocation or amendment of this Agreement. The provisions of Paragraph 4 requiring Board approval of any change in the Site Plan shall survive the revocation of the Agreement. 11. Term. g:\atty\agreemnt\AG Dev Graup Page 7 of 12 '-' ., The term of this Agreement shall be ten (10) years from the effective date. This Agreement may be extended by mutual consent of the Board and the Developer, subject to public hearing in accordance with Section 11.08.02 of the LDC. 12. RecordinQ; Submission to Florida Department of Community Affairs. Within 14 days after the Board enters this Agreement, the Clerk to the Board shall record the Agreement in the Public Records of St. Lucie County. A copy of the recorded Agreement shall be submitted to the Department of Community Affairs within 14 days after the Agreement is recorded. If this Agreement is amended, cancelled, modified, extended, or revoked, the Clerk shall have notice of such action recorded in the public records and such recorded notice shall be submitted to the Florida Department of Community Affairs. 13. Effective Date. This Agreement shall be effective 30 days after its receipt by the Florida Department of Community Affairs. Notice of the effective date of this Agreement shall be provided by the Board to all effected parties to the Agreement. 14. Annual Review. In accordance with Section 11.08.08 of the LDC, the Board shall review the development that is subject to this Agreement every 12 months, commencing 12 months after the effective date of this Agreement. The Board shall begin the review process by giving notice, a minimum of 30 days prior to the anniversary date for the effective date of this Agreement, to the Developer of its intention to undertake the annual review of this Agreement and of the necessity for the Developer to provide the following: a. An identification of any changes in the plan of development as contained in the Site Plan Materials, or in any phasing for the reporting year and for the next year. b. If the Site Plan materials provided for phasing, a summary comparison of development activity proposed and actually conducted for the year. g:\atty\agreemnt\AG Dev Group Page 8 of 12 '-' ."J c. Identification of undeveloped tracts of land that have been sold to a separate entity or Developer. d. An assessment of the Developer's compliance with each condition of approval set forth in this Agreement. e. Identification of significant local, state and federal permits which have been obtained or which are pending by agency, type of permit, permit number and purpose of each. Any information required of the Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement. For each annual review conducted during years 6 through 10 of this Agreement, the Board shall prepare a written report in accordance with rules promulgated by the state land planning agency. The report shall be submitted to the parties to the Agreement and the State land planning agency. If the County finds on the basis of substantial competent evidence that there has been a failure to comply with the terms of the Agreement, the County may revoke or modify the terms of this Agreement. 15. Effect of Contrary State or Federal Laws. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. Prior to modifying or revoking this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. 16. Enforcement. Either party, any aggrieved or adversely affected person, or the state land planning agency, may file an action for injunctive relief in the Circuit Court for St. Lucie County to enforce the terms of this Agreement or to challenge compliance of this Agreement with the provisions of the Act or Section 11.08.00 of the LDC. In the event the Board or the Developer is required to seek enforcement of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of such action, including reasonable attorney's fees. 17. Notices. g:\atty\agreemnt\AG Dev Group Page 9 of 12 '-' .., The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: For the Board: County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 with a copy to: County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 For the Developer: Mark A. Brackett Johnson Road Development Group, LLC. 1974 14th Avenue Vero Beach, Florida 32960 With a copy to: Fred L. Kretschmer Vero Beach, Florida 32960 18. Successors and Assiqns. This Agreement shall be binding upon the parties and their successors and assigns. In the event of assignment of this Agreement, the Developer shall provide notice to: County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 g:\atty\agreemnt\AG Dev Group Page 10 of 12 '- ..., IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officials as of the day and year first above written. Signed, sealed and delivered in the JOHNSON ROAD DEVELOPMENT GROUP, L.L.C. a Florida Corporation presence of: By: Print Name: Witness Print Name: Witness ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of ,2001, by , Johnson Road Development g:\atty\agreemnt\AG Dev Graup Page 11 of 12 ~ ""'" Group, L.L.C., a Florida Corporation, who is _ personally known to me, or _ who has produced as identification and who did/_not take an oath. Notary Seal Notary Public, State of Florida Print Name: My Commission Expires: g:\atty\agreemnt\AG Dev Group Page 12 of 12 '-' '<rItJttl' Exhibit A Scope of Services Task 1 - Survey We will obtain design survey information to support and facilitate contemplated design and permitting activities associated with the proposed intersection improvements. Collected survey within the project limits will include existing Right-of-Way identification, establishment of Horizontal and Vertical control, and the identification of all above ground appurtenances, such as edge of pavement, striping, utilities, and other topographic elements. The project design limits shall begin at a point along Indrio Road that is approximately 1600 feet west of Johnston Road and continue east along Indrio Road to a point 1200 feet east of Johnston Road. Johnston Road will be surveyed 1200 feet north of Indrio Road and 150 feet south of Indrio Road. Due to the nature of the heavy traffic that consistently operates at this intersection, much of the survey field work will need to be performed on weekends. Task 2 - Geotechnical Geotechnical exploration will be performed as needed to facilitate roadway improvements and signal design. This may include tests such as: . Standard Penetration Test (SPT) borings for mast arm design. . Groundwater determination. Task 3 - Intersection Design Roadway construction plans will be prepared to expand the intersection ofIndrio Road and Johnston Road to the proposed expanded intersection geometry. These improvements will include the design of the following intersection configuration: North leg: Addition of a single right turn lane (60 ft of storage plus 185 ft of deceleration) East leg: Addition of a single right turn lane (60 ft of storage plus 405 ft of deceleration length) '-' ..", W est leg: Addition of a single left turn lane (175 ft of storage plus 405 ft of deceleration length) Roadway transitions wi11 be required on the north, east and west proposed legs to transition out the widening required for the introduction of a left turn lane to the existing 2-lane configuration at the intersection. The turn lane storage lengths have been computed trom existing peak hour volumes. The design speed for both roadways wil1 be 5 mph above posted speed. The design wil1 incorporate the following: 1. Roadway plan sheets depicting the intersection and roadway improvements. 2. Cross-sections at 100 ft. intervals. 3. Signing and marking plans using current FDOT and MUTCD criteria. 4. Stormwater runoff is currendy being collected in roadside swales and conveyed to the local canal system. The widening improvements win account for adjustments to the existing swale system to maintain existing conveyance. 5. Stormwater permitting will be coordinated through South Florida Water Management District (SFWMD) and the local governing agencies. During the course of the permitting we wil1 attend the necessary pre-appJication and coordination meetings with the agencies as needed. The appJicable permit appJications will be prepared by KimJey-Horn with S1. Lucie County as the appJican1. 6. Plans will be produced in EngJish units at a 1 "=40' scale on 11" x 17" sheets. 7. Plans win be submitted to the County in conjunction with submittals to the Florida Department of Transportation for review and comment 8. A reproducible set of plans, a copy of the electronic files and a copy of the technical specifications needed for the bid documents will be deJivered to the County upon 100% completion of the design. 9. Upon completion of construction of the project and receipt of the As Built drawings trom the contractor, we will make the necessary certifications to the permitting agencies. ....,. ....I Exhibit B Compensation We will provide the services described in Task I through 3 for a lump sum amount of $80,400 inclusive of expenses. For informational purposes a breakdown of the individual tasks are provided below. · Task 1 - Survey · Task 2 - Geotechnical · Task 3 - Intersection Design $18,000 $5,000 $57,400 - ""', ..." Exhibit C Schedule Survey is expected to take approximately 30 days from the time that notice to proceed is given. Design up to a permitting level is expected to take approximately 90 days once the survey is complete. Upon receipt of permitting agencies responses, 100% plans are expected to take approximately 30 days. ,. ~ AGENDA REOUEST ITEM NO. G:,"" Date:9ctober 11, 2005 Regular [X] Public Hearing [ Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Chuck's Seafood, Inc. - Proposed Reconstruction of Covered Dining Area BACKGROUND: See c.A. No. 05-1675 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDA nON: Staffrecommends that the Board of County Commissioners determine whether to approve the application of Chuck's Seafood, Inc. to the City ofF art Pierce for a permit to reconstruct the rear covered diillng area on the existing pad. In the event the Board approves the request, staff recommends that the structure be limited to one story as indicated in the building plans. ~] APPROVED [] DENIED [ ] OTHER: No action taken Board asked that Code Violations be resolved and final site plan submItted tor reVIew by the City of Fort Pierce and County Commission. Consesues to send letter signed by Chairman to the ATF. E: COMMISSION ACTION: Doug s . Anderson County Administrator County Attorney: fie¡¿( Coord ination/Sil!na tu res Mg!. & Budget: f' Other :~ Purchasing: Originating Dept.: Other . Finance (Check for Copy only, if applicable): '-" ""'" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney c.A. NO: 05-1675 DA TE: October 5, 2004 SUBJECT: Chuck's Seafood, Inc. - Proposed Reconstruction of Covered Dining Area BACKGROUND: On September 30, 2005, the Division of Alcoholic Beverages and Tobacco (AB&T) issued a Notice to Chuck's Seafood, Inc. indicating that its liquor license would be revoked within fourteen (14) days due to a lack of the required four thousand (4000) square feet of covered dining. As the Board of County Commissioners is aware, the rear dining area of Chuck's Seafood was destroyed during the 2004 hurricanes. Reconstruction of this dining area on the existing pad is a part of the site plan that Chuck's has previously submitted in conjunction with its proposal to expand the leasehold. The proposed reconstruction of the rear dining area alone, however, will satisfy the covered dining requirement for the liquor license. The plans have been reviewed by the County Code Compliance Manager who found them acceptable with the understanding that the proposed roof would be insufficient to support a second story. Copies of the AB&T Notice and the building plans are attached. In order to prevent the revocation of the license, Chuck's has requested Board approval for submission of a permit application to the City of Fort Pierce to reconstruct the dining area. The AB&T investigator has indicated that if the permit were issued Chuck's would be able to request an extension while the construction takes place. As an alternative, Chuck's could initiate legal action against AB&T to seek a stay of the revocation. If the license is revoked, the restaurant would still be permitted to serve beer and wine. In the event the seating requirement is met at a later date, Chuck's could purchase a new liquor license. The current estimated cost of a liquor license is one hundred thousand and 00/1 00 dollars ($100,000.00). The Board has previously determined that it would take no further action with regard to Chuck's proposed expansion until such time as the outstanding City of Fort Pierce Code Enforcement fines were resolved. Chuck's appeal of the fines will be heard by the City's Special Magistrate on October 19, 2005. As the deadline for meeting the square footage requirement for the liquor license will expire prior to that hearing, staff is bringing the matter to the Board for further direction. -- ..."" RECOMMENDA nON/CONCLUSION: Staff recommends that the Board of County Commissioners determine whether to approve the application of Chuck's Seafood, Inc. to the City of Fort Pierce for a permit to reconstruct the rear covered dining area on the existing pad. In the event the Board approves the request, staff recommends that the structure be limited to one story as indicated in the building plans. Respectfully submitted, ~dð- Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Assistant County Administrator Wazny Code Compliance Manager 2 w 'llilo~ ~ : :~ 00: STATE OF FLORIDA COUNTY ÄTTORi\!EY DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DMSION OF ALCOHOLIC BEVERAGES AND TOBACCO RECORD OF VISIT - PRODUCT INSPECTION . DBPR Form.ABT 4000E~ R&v. m/97 Training Progmn (Sub.ÎFct in Remarks) K BUS"ÎI1ess Vj:¡h Cigarette IDspection /" / '0 r-RV il'k tJtlð <$':;- d. _ ~ License / Permit No. Series (!.Æi-tci~J SQ.Ct ,fnd ~ Licensee / Pennittce ¿J.. u-ëK;;- /(¿ j-Tv.. r(.i.ð Trade Name 77..L '-:/G f WI/*' Area Code / Telephone Numi>er I Ft: p,e r-c.;z CÎty Remarks: ¿;J.3 't'¿;1.j2~~<:/~ /(.;)¿¡f q d~: V\.~ )'ÆU.£ ~';7 /1 J- S i ~. " " Y7' \ r v _-"- -.J <2.Ll Wcu.". ur, 1.1 sl.. Address ,/ Coun!y J -=/'1,;'9 Zip , STATE OF FlORJDA DEPARTMENT OF BUSINESS AND PROFESSIONAl REGULATION Divi>ion of AJcohor.c _reges CECil CAMPBEll & Toboa:o SPECIALIST AGENT 4984 S. 25th SI,.., Ft. Pierce. fL 34981 Date J Time Investigator / } ~/-J-.- R,ig!ItHere. ~ow. VOICE fl>!!. EMAll WEBSill 561.468.3927 561.595.1300 Cecil.CompbeU@dbpr.slote.fL www.MyAoridc.com NOTICE You are being issued this Noticc foc the following reason: -ž:;. Warning and instructions for compliance regarding violation(s). Division intend¡¡ to me a Notice to Show Cause for violation specilied below. Case No. Noticc to produce records. Informational purposes. í; _ --iJ- I l/üdi' 59UC ,~íL ~ 'rJ¿ 5 .+:~i ~.q &t. r:.f.d .b ý' /~aI, J / ";: í -¡-:' .--ir '/ (j //. / A.. 5 r.¿rt'U i .r--z /YZ- ~ '- .. .. 9~?¿)-'Cl'..Ç / (;;~¡://~q Date I AUT investigator lÇ;-mPIOy~e- ~f7·1 /-- .¡-. -/ ,\_' _/lj,!l.LL-- 6::, d / /1/1 :~ Liccnsee, Permittee or Representativc /J,/j- 1~/ÁL / '7';(1 50 "1.Q ~ ; ;./ , F I ./ {J i-C A cu.-r--L /.L./ Q. c.{A.,F .s F Original: Liccnsee Copy: District Office ," . ~~o žoo o~~ tst.r10 1 ~::g< 8~ - ~tj ØI I" .(1 0(1 Q tj~ê ~ ~~(1 ;J ~ ~tT1 Þ'9 ~~ oo~ »:!1 ~ 0 tr1 ~G1~~ fTl>ÖO 00 ~t:1 i ::Ie i~ 1 1 i ¡ ; I "'it . , ~ '-' ." ~ ~' .. ....., AGENDA REQUEST ITEM NO. 'í DATE: October 11, 2005 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Space Needs Study - Contract with Institute for Law & Policy Planning BACKGROUND: See attached memorandum FUNDS AVAILABLE: 001-1900-531000-100 (Professional Services) PREVIOUS ACTION: RECOMMENDA TION: COMMISSION ACTION: DC! APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: }l Originating Dept. Staff recommends that the Board approve the Agreement and authorize the Chairman to sign the Agreement. uglas Anderson County Administrator Review and Approvals ~;ïn~~~~2áúîJ9~~purChaSing: Public Works Dir: County Eng.: '~Jro:Eê~"étheck for copy only, if applicable) Q¢ Eff 5/96 .... ~, \w- wi 1IIt ..' ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNìY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre. County Attorney C.A. NO.: 05-1672 DATE: October 5, 2005 SUBJECT: Space Needs Study - Contract with Institute for Law & Policy Planning ~*****************************************************..***.*.**.*********.*** BACKGROUND: On September 27, 2005, the Board approved the Selection Committee's recommendation to award RFP #05-070-Space Needs Study to the highest-ranked firm, the Institute for Law & Policy Planning ("Institute"). Attached to this memorandum is a copy of a proposed Agreement with the Institute. The proposed scope of work is outlined in the proposal attached to the Agreement. The proposed compensation is a lump sum of one hundred thirty thousand and 0/100 ($130,000.00) dollars. The proposed time of performance is twenty (20) weeks. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Agreement and authorize the Chairman to sign the Agreement. DSM/ caf , '-' .J . ~ CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into thisdlday Of~2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and INSTITUTE FOR LAW & POLICY PLANNING hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, the County desires to retain the professional services of the Consultant to provide a space needs study for St. Lucie County.; and, WHEREAS, the Consultant desires to provide the County with such services. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties intending to be legally bound, hereby agree as follows: 1. GENERAL SCOPE OF THIS AGREEMENT The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the County. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the County 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 The scope of work to be performed by the Consultant under this Agreement is to provide space needs study for St. Lucie County as set forth in the Consultant's Proposal, -1- ~ I '-' .J ,- attached hereto and made part hereof. Any conflict between the terms and conditions of this Agreement and the terms and conditions of the Consultant's Proposal shall be interpreted in favor of this Agreement, 3, PROJECT MANAGER The Project Manager for the County is Roger Shinn at (772) 462-1432. The Project Manager for the Consultant is Alan Kalmanoff at (510) 486-8352. 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 Order work. 4. TIME OF PERFORMANCE The Consultant must complete and present the results of the study to the County within twenty (20) weeks from the date of this Agreement. 5. COMPENSATION The Consultant shall be compensated for all services rendered under this Agreement as follows: one hundred and thirty thousand 00/100 ($130,000.00) dollars. All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. Consultant shall submit a payment application to the County's Project Manager by the 25th day of each month. The application shall be for the dollar amount of the Work complete on the last day preceding the submission of the application. Payment to the Consultant shall be made within 20 business days of the County's receipt of the application. The County may reject the application in writing which shall specify the deficiency and the action necessary to correct the deficiency. Payment shall be due 20 days after the County's receipt of a corrected application, or if different, within such other period of time as defined by F.S. §218.735, as amended. All applications for payment submitted by the Consultant shall reference the County's Contract number. The County shall pay the Consultant through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified invoice from the County Project Manager. -2- I. ~ J ,. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 6. DEFAULT: TERMINATION A. FOR CAUSE If the Consultant fails to fulfill its obligations under this Agreement in a timely and proper manner, the County shall have the right, but not the obligation, 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. With regard to The Consultant, 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 and does expressly waive, in the event of termination, any and all claims for consequential damages, loss of bonding capacity, destruction of business, unabsorbed home office overhead, lost profit and the like. B. WITHOUT CAUSE -3- ~ '-' .tI ¡III The County 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 County shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. Upon such termination, the Consultant waives any claims for daamges 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 County shall compensate the Consultant for all authorized Work satisfactorily and responsibly completed through the termination date. 7. 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, 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 County 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. 8. ASSIGNMENT The County 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 County'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 County. For purposes of this paragraph. a transfer of substantially all of its assets shall be deemed to occur when the owner(s) of more than 50'ro of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without County's prior written consent shall be deemed a default subject to the remedies provided herein. -4- \ ~ .J ;111 9. SUBCONSUL T ANTS 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 County Project Manager before engaging such subconsultant, subcontractor or professional associate. 10. AUDIT The Consultant agrees that the County 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 County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11. 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. 12. INSURANCE Workers' Compensation and Employers Liability: The Consultant shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal. -5- 1;, '-" J .. 13. INDEMNIFICATION The Consultant covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, and Agents, and indemnify the County, its Officials, Employees, and Agents, against any and all claims, demands, penalties, judgments, 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, non- appealable judgment to be the result of the negligence of the County 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 County, but only to the extent of negligence of the County or such third party. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 14. 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. 15. 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 (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 16. 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. -6- '. ~ .~ J I/> 17. 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 County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 With A Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 As To The Consultant: Institute for Law & Policy Planning 2613 Hillegass Avenue Berkeley, CA 94704 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. 18. 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 County 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. 19. TRUTH-IN-NEGOTIA TION 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 County determines the Agreement rate(s) waS increased due to inaccurate, incomplete, or non-current wage rates and other -7- "'. '-' J ,;. factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 20. 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. 21. 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 Section 112.311, Florida Statutes. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the 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 County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Consultant. The County 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 County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County 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 County by the Consultant under the terms of this Agreement 22. 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 County and the -8- , ... ~ J þ Consultant describing the services desired and providing a basis for compensation to the Consultant. 23. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the Coun1y or its Project Manager. At all times, the Contractor shall carryon the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending a final resolution of the dispute, including, if necessary. any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 24. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie Coun1y. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 25. 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 exclusively in the Nineteenth Judicial circuit for St. Lucie -9- " '-r .J þ County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY INSTITUTE FOR LAW & POLICY PLANNING BY' IÛ_~ Print Name: A\ðy) Kn..\ma~~ ~~ H: \ WP\ILPPspaceneeds.wpd Title: &ec~ OW"f'et'tY -10- ... '-' J . CERTIFICA TE OF LIABILITY INSURANCE DATE (MM/DDIYYYYJ f4CORD_ OP ID 1~ 09/30/05 INSTI 1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlm Huether Insurance Agency Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Timothy R. Huether HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 319 Diablo Road suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Danv1~~e CA 34~26 Phone: 925-820-8432 Fax: 925-820-B619 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford ~~ualty Insurance 24924 INSURER B: Institute for Law and Policy INSURER c: Planninî 2613 Hi le~ass Avenue INSURER D: Berkeley C 94704 --- INSURER E: COVERAGES THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RE.QUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WrlICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. --- ~'ï'g¡~~i6.i',h"';" I Pgkt'ioY,~WJl&AAN LTR NSR TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE ¡ I 1000000 A X Xl COMMERCIAL GENERAL LIABILITY' 57sBAAZ2466 07/15/05 07/15/06 ~~~Ë~ (E:~~~~nce) 1300000 :_ =:J CLAIMS MADE ~ OCCUR : MED EXP (Arty one person] \ 10000 I i- I PERSONAL & ADV INJURY I 1000000 _"_U_ GENEQAL AGG~¡::::GATr; .20000DO f--- -------- ----~ GEN°L AGGREGATE LIMIT APPLIES PER: PRODUCTS· COMPIOP AGG S 2000000 !xl ~--I PRO [i - - X POLICY I JEcT LOC AUTOMOelLE liABILITY COMBINED SINGLE LIMIT A tJ ANY AUTO 57UECTM7735 07/15/05 07/15/06 (Ea accident) 11000000 I-- ALL OWNED AUTOS BODILY INJURY I X SCHEOULED AUTOS (Per perwn) __~______O +--.------ .-. . ,-.-..-... ~ .""~" 80DIL Y INJURY (Per accident) I ; X NON·OWNED AUTOS --- PROPERTY DAMAGE I (Per accident) qAGE LIABILITY I AUTO ONLY - EA ACCIDENT I ! ANY AUTO I EA ACC $ ¡ OTHER THAN AUTO ONLY AGG I I EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR 0 CLAIMS MADE -_.----- AGGREGATE $ f----- ---_._--~ , $ I H DEDUCTIBLE I RETENTION I S I WORKERS COMPENSATION AND IT~'¥/LIMITŠ I IUER- EMPLOYERS' LIABILITY -- ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? EL DISEASE· EA EMPLOYEE I "~...--- If ye5, de5cribe under SPECIAL PROVISIONS b~low E.L DISEASE - POliCY LIMIT I OTHER I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS The st. Lucie County Board of County Commissioners is named as Additional Insured as respects work performed by the Named Insured. *except for 10 days notice for non-payment of premium. CERTIFICATE HOLDER CANCELLATION STLUCIE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE T~EREOF, THE ISSUING INSURER WilL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE: TO 00 SO SHAll st. Lucie County Board of County co~ss~oners 2300 Virginia Avenue Fort Pierce FL 34982-5652 © ACORD CORPORATION 1 ACORD 25 (2001/08) · '-' J ·QRlGINA L . ,~ SUBMITTED TO: BOARD OF COUNTY COMMISSIONERS ST. LUCIECOUNTY, FLORIDA JULY 13, 2005' ~ 2613 Hillegass Avenue . Berkel~y, CA 94704 ,5Jo. L!86.8352 www.ilpp.org A nonprofit planning agency since 1979 ¡..~ '-' J " · I< , '-' J Board of Directors Alan Kalmanolf, }D, MSW, Ph.D. Board President Executive Director Lmda Guyden, CP.~ Vice President & Internal Auditor Atina SheJIey Bergum Retired BOBrd Director D"g and DÙabled Td",vmmunieations. Inc. Robert Funk Re~!Cd General Counsel Eqllal Emþ/oy""nt. Opportuni!J' C{)mr~isJion Dr. Bla,nche Pearlman fummh Psyhnit>giIt Candice \,(iong. MD. M.P.H, Ph.D. AJJOt.'iaJr Profis.rm- 0/ A!ed:i:,¡"t Universi~y I.!(Ca4lmnia, Sall Fru,...àJfO Advisory Board Members .Allen Breed Rtlin:d Dirrclor Na/ionallnstituft q/GòmrtiOftJ I. lvlich'ael Heyman J'tfrr/afJ'J Jmitb..r,mian ltJJIÙutitm Ruth Rushen &lirrd Direct{)r Ca/!lornia Department of Cmnc/ions Dr. Mimi Silbert Pnsidmt DeÛmc~)' j'tm~' FfJlmdaJitm Dr. Bayard Cat.ron Retin'd Pmfi.rlf)r qlPuhlÙ: Admini.rtratinl1 Ceo,!! rVuJhill.?ton UnÙ<ersiry Nola Tedesco FouJston DiJ"tn'cl Aflornry 78;..;' furlin"a' Cìrcliit ojKrJllSa.f Judith Heurru1.1\1'\ &tind Assi.Jfant Semt¡a'~)' qf!ìCl (ýJµci¡¡!Bd;/¡;a¡ion &habi/i/ation J rn-iL't.r Nancy Is;l..1.c TrtJtJ.rporlatirm/COm1ffNni~ P¿lIznÙ(( ILPP 2613 HILLEGASS AVENtÆ BERKELEY, CA 94704 MAIN: 510.486.8352 FAX: 510.841.3710 WWW.ILPP.ORG PLANNERS@ILl'P.ORG July 13, 2005 Board of County Commissioners, St. Lucie County 2300 Virginia A venue Fort Pierce, Florida 34982 Dear Board Members: This proposal for a space and facilities master plan follows directly £.rom ILPP's recent assessment of St. Lucie County's justice system, previous events and decisions when bureaucratic issues limited comprehensive and fiscally sound long-term planning, and recent claims against the budget, as well as litigation against the jail, which has raised various questions about staffing. Because the operational costs of county agencies, especially jails, courts, and others with space and buildings to administer, are far higher than mere construction costs over the life of a building, independent expert planning is required to drive facility decisions that are accountable to county finances. The lynchpin issue for the general fund is to improve cost-effective space and facilities planning through quality stafftng analyses and solid projections, as well as objective and careful operations analyses. This kind of facility planning will save millions as St. Lucie County moves from a quiet and semi-rural area to a mostly urban and rapidly growing population center in Florida. Storm damage has greatly unsettled an already evolving county facility and space needs picture, as well as a difficult leasing situation, in the face of extreme gwwth. ILPP's background in Florida facility planning and its recent justice system involvement in St. Lucie offer the advantages of already being knowledgeable, involved, known, and able to quickly do the work. This Space Needs Study proposal presents ILPP's methodology to assess the jail and courts, the entire justice system's facility needs, and overall county planning needs for administrative space and facilities for five and ten years, and beyond. ILPP's policy-oriented approach will determine sustainable methods to manage staff and space growth and use thorough innovative techniques to best contend with rapid growth. This proposed project will provide a well documented, rational policy planning framework to address the crucial immediate and long-term decisions facing St. Lucie County regarding its space and facilities, as well as a capital projects list from which to begin. ~ Shelly Bergum and Alan Kalmanoff, JD, MSW, PhD Board Director and Executive Director 'ij 1 '-' J , .. """ ..../ Table of Contents Page 1. Introduction 1 A. Objectives B. Approach C. Conclusion 2. Work Plan 3 Project Understanding Work Plan Tasks A. Organization and Overview B. Assessment of Current Situation & Department and Agency Projections C. Buildings & Sites Inventories and Evaluations D. Space Needs Forecasting E. Locational Analysis and Facility Options F. Staffing Analysis of Current and Future Space, Particularly for the Jail and Justice Agencies G. Cost and Financing Issues H. Finalize Facility Master Plan 3. Contractor Capabilities 11 A. Background and Experience B. Key Personnel 4. Firm's Experience Summary 14 Recent ll.,PP County Facility Master Plans Douglas County, NE State of California, Facility Planmng Retainer Placer County, CA Solano County, CA Santa Cruz County, CA 5. Proposed Schedule and Fees 17 Proposed Schedule 6. Compensation 19 '-' .....,¡ - - '-' """" Proposal for a Space Needs Study St Lucie County, Florida SECTION 1. INTRODUCTION . . The Institute for Law & Policy Planning (ILPP) is submitting this proposal for a Space Needs Study for St Lucie County, Florida. This submission is made without collusion with any other person or entity submitting an alternate proposal for the same study. This study will have a major financial impact instrumental to the County's ability to function in an effective, flexible, and cost-efficient manner; for this reason, it must be stressed at the outset the ILPP has no conflict of interest in the study, it's outcome, any projects that might flow from study recommendations; or any other aspect oX thè work. As opposed to architectural companies, ILPP is a non-profit planning firm that has explicit policies against pursuing planning work in order to obtain later. facility contracts. . The County is facing crucial issUes in t~rms of its facility needs. Growth in the jail and ·changes in the courts are having major impacts··ön the county budget, as well as a growing demands for adequate space to house all county services and staff. Hurricanes in the fall of last year created significant damage, requiring emergency'repairs and a critical look at all long range space and facility priorities. . The facility requirements of the county'sdepart.ments.arediverse, and many are growing. Besides administrative and office space, the· c9unty needs space for justice functions, health, public access, storage, assembly and conferenc'è facilities that will match its operational philosophy. yet still allow for change. This study will directly address the framework and question of how St Lucie County can best meet its growing needs for space and facilities, throughout, including the jail, court, health department, finance divisions, and other departments' offices, as well as public spaces in light of various predictable and unpredictable developments over ten years and further into the future. ILPP proposes to provide the County with a facilities study and plan that will identify ways to address immediate needs, and offer long term solutions in a planned and cost-effective manner. The study will provide both a framework and a database that can be updated and employed by the County Manger and Board of County Commissioners, over time. A. Objectives ..,;: The space planning project proposed herein will have the following major objectives: 1. Identify and analyze current and projected space needs. 2. Maximize operational efficiency by providing plans of adequate facilities. 3. Determine the ability of existing facilities to meet current and future needs. 4. Determine additional facilities needed, including initial siting and cost considerations. 5. Provide detailed recommendations of current space use, suggested renovations, and possible expansions. ¡::"",- -.. Institute for Law & Policy Planning (ILPP) February 8, 2005. Page I '-' ....,; Proposal for a Space Needs Study St. Lucie County, Florida B. Approach ILPP has worked in over 300 county studies nationwide including many space and facility studies, and studies in Florida involving jails and courts' space and facility needs. ILPP brings extensive experience in county agency operations, data systems, and facility planning. Most of the ILPP's prior studies have included space and staffing projections, analysis of security requirements, current and projected space needs, and analyses of appropriate sites, all elements required in this study. We bring an experienced team to this project; our work plan sets out the tasks and approach proposed. C. Conclusion ILPP will continue to work with the County of St. Lucie to create a plan that provides clear and concise recornrnendationsfor all county ·departments, and â dàtabased planning framework that provides long~term planning support to the County. Our team of experts has: . · national experience in facility master plans for counties of all sizes . . extensive operational justic:e system and county agency experience relevant expertise, particularly in funding analysis, facility and space use, information management, and program planning. · · The following sections set out ILPP' s· proposed work plan, deliverables, and qualifications. lnstitute for Law & Policy Planning (TLPP) February 8, 2005. Page 2 ,. '-' .....; Proposal for a Space Needs Study St Lucie County, Florida r:~: SECTION 2. WORK PLAN r l The Institute for Law & Policy Planning (ILPP) proposes to prepare a Space Needs Study that will guide the county's current and future facilities development. The approach focuses on a master plan that will serve as a flexible planning tool, a means of providing quantified solutions to a wide range of probable scenarios. The recommended solutions and plan will consider staffing and demand, projections, policy planning, financing options, and carefully do or redo staff growth projections and subsequent space requirements for virtually every county agency and department. The master plan provided by ILPP will include: · Space and staffing projections In tIve-year increments for twenty years; · a special element addressing staffing impacts in the jail, in some real depth, as well as in the courts, and general county departments; and · an overall space needs implementation plan that includes pros, cons, impacts, costs, and financing considerations. [" . r r I I. L r Project Understanding St. Lucie County provides services at multiple sites throughout the county. Long-range capital improvement planning for '~t. Luéie County must inclûde facilities for staff offices, public information and meetings, record storage, health provision, financial functions, and .justice. Providing these functions in an effective and cost-efficient manner not only helps the county project and plan for capital assets, but aLso protects the public's interests. The consequences of each alternative must be considered, especially with regard to the county's need for budget control, adjacency, consolidation as well as decentralization, and service to all the citizens of the county. r J 1 ! l Among the significant questions that need answers before effective policy decisions can be made are the following: , ì L; · How will the demand for county services grow, and what areas will grow most quickly? Which areas may shrink? What space needs will be required for current and future staffing for all county agencies? What should the existing and newly constructed jail beds require in staffing, and what future staffing is needed for future beds? · How can the county most efficiently and cost-effectively implement longer term repairs resulting from storm damage? · How can the county best analyze, anticipate, control, and meet increased demand for space? Where can major savings be effectuated? · How can existing and repaired spaces be used most effectively? · If the county expands to new sites and relocates, which locations are the most valid? Which departments are overcrowded, and how much space is needed immediately? · What are the required adjacencies for efficient departmental operation and public convenience ? [ ! t L r I L Institute for Law & Policy Planning (ILPP) February 8, 2005. Page 3 \wo' Proposal for a Space Needs Study Work Plan Tasks ,..., St. Lucie County, Florida This proposal divides the master plan into eight work tasks (A to H). Task A: Task B: Task C: Task D: Task E: Task F: Task G: Task H: Organization and Overview Assessment of Current Situation & Department and Agency Projections Buildings & Sites Inventories and Evaluations Space Needs Forecasting Locational Analysis and Facility Options Staffing Analysis of Current and Future Space, Particularly for the Jail and Justice Agencies Cost & Financing Issues Finalize Space Needs Study Work Plan Task A: Organization and Overview This "start-up" phase will help organize and shape the approach and methodology for completing the study. With county staff, we will identitY the organization and roles of the project participants, develop a decision-making methodology, and create a detailed schedule for completion of all tasks, including actions and infonnation needed from all agencies and consultants. This first task will include identification of the county guidelines and policies upon which the facilities plan will be based, and review of previous reports and studies addressing St. Lucie County's facility needs, deferred maintenance, repairs, etc. This task will also include reviewing and finalizing the project schedule. The documentation for these and all subsequent activities will be provided in progress reports to the Central Services Director. Work Plan Task B: Assessment of Current Situation & Department and Agency Projections Establishment of a comprehensive database of all the county departments and their respective space needs will provide the county with a useful tool for making facility decisions now, and over time. While designed specifically for this master plan, the database will also prove useful as the county updates and evaluates its long-range capital improvement needs in the coming years. This database can be readily assembled through the questionnaire/site visit method typically employed by designers, space planners and architects; however, ll..PP's approach is different in several key ways. Rather than a lengthy questionnaire, we will prepare a direct and specific· checklist that both saves time, and documents the essential features of each department. This infonnation is easily transferred to a computer format, and will enable us to cross-reference the data so that tables of all departments with warehouse space, need for public access, and proximity to other county departments, for example, may be created immediately. Institute for Law & Policy Plannjrlg (ILPP) February 8, 2005. Page 4 '-' ..." Proposal for a Space Needs Study St Lucie County, Florida Tills questionnaire will address the following areas: · Current staff positions and roles . · Growth trends - past and projected . · Public access needs . Organizational structure Support space requirements Parking and transportation issues ¡-~ ~"'! The database developed for St. Lucie County will be augmented by interviews and site visits to departments and locations. With the completed checklist, ll.-PP's analysts, who have extensive program and space evaluation experience, will observe how space is currently being utilized, note particular problems, and identify staff and special space needs. During the site visits, ll.-PP's senior staff will interview the department heads with regard to future client population characteristics, demand levels, logistical considerations, service delivery location(s), staff growth, and the potential for use of new technologies. Detailed llÙnutes of these interviews will be provided to the Central Services Director. ll..PP will independently question and analyze all growth scenarios. A composite model of public facilities, with their current space utilization and anticipated growth, will then be produced. r-> f''\ i '-' r' ! l~ A reasonable forecast of growth is a key element of the analysis; this forecast will build on the extensive populatiÖn projection work recently completed for St. Lucie County by ll.-PP. Growth is strongly influencéd by a variety of outside factors, some of which cannot be foreseen, and the facility plan must retain flexibility to allow for future changes. Alternative staffing projections will be computed after reviewing historical trends, population of the county overall, anticipated changes in policies, and new federal and state programs. Although mathematical models will be constructed to give the initial projections, ILPP is well aware that department heads and other county staff have an important understanding of departmental needs, and therefore projections must take this infonnation into account. The needs perceived by unit management and fiscal realities as expressed by county adllÙnistration will be weighed against each other in the attempt to derive a realistic picture. Space plans will be formulated based on these growth forecasts in subsequent tasks, not simply by complaints of crowding and "wish lists" by individual agencies. f' I l The plan will project the county's capital facilities needs for the next twenty years, showing the stages of development over the next five, ten and fifteen years. Immediate and short term needs will be described with more detail and at the same time, consistently work into the long-tenn needs of the county. Work Plan Task C: Buildings & Sites Inventories and Evaluations Evaluating the capabilities of major buildings and sites for meeting St. Lucie County's operational and service needs will be accomplished by trained arcilltects and planners who bring '^ significant experience in evaluating the conditions of buildings, the use that the buildings receive, and site capabilities. These will be architects and planners with no possible conflict of interest in the County's plan. Review of existing building evaluations and identifying needs for repairs will be incorporated into tills analysis. -- Institute for Law & Policy Planning (ILPP) February 8, 2005. Page 5 "" Proposal for a Space Needs Study ...." St. Lucie County, Florida Work elements will include: · Reviewing site plans and floor plans of buildings; Reviewing identified needed repairs and schedule; Visiting and analyzing key buildings and sites; Evaluating major repair and renovation requirements; Determining security needs for each county building; and Reviewing studies on special topics (such as ADA, energy efficiency, and transportation). · · · · · On completion of the building inventories, ILPP will schedule a meeting with county staff to review analyses of existing conditions. Work Plan Task D: Space Needs Forecasting The space needs forecasting will be based on information gathered in previous tasks and will incorporate work done by the county in addressing capital improvement plans, prior facility studies, and current projects. We will combine data gathered from the completed questionnaires and site visits with identified legal space standards ·and requirements and infonnation from the floor plans. The forecasting of both short-term and long-term space requirements is dependent upon detailed consideration of program needs, objectives, and existent culture. The evaluation includes the strategic layout of work areas, correctly-sized work.stations, attention to relative need for privacy and security, and appropriateness of furnishings. Impact of existing and planned space on the operations of each county agency will be carefully considered. Space projections must take into consideration the need for different types of work areas. Space required for a drafting technician, for example, has different assumptions than that for an attorney. Staff space will be projected directly from the staffing projections developed earlier. Staff will be categorized by type of position, and a space requirement will be assigned. The appropriate amount of space will be projected, based on total future staff. The amounts of penn anent and temporary space required by each department will be analyzed based on historical staffing trends and interviews. An important part of this task will be addressing the policy issues that have a significant impact on space requirements and consequently, on eventual cost considerations. Policy issues may include savings through consolidation Of services, increasing security and privacy, and parking and transportation issues. These projections will be compiled on a departmental basis and submitted for review to the Central Services Director, the subject department, and ultimately to the County Manger. Special space needs include conference rooms, training rooms, library space and record centers. The need for these will be assessed on a departmental basis, along with any potential for sharing such spaces. Related management and ownership responsibilities of these areas and relationships between all county agencies will be carefully evaluated to ensure efficient use of current and planned facilities. The need for public reception, access, and work areas will also be identified and projected. Technical areas, such as for storage and equipment needs, will be evaluated for Institute for Law & Policy Planning (ILPP) February 8, 2005. Page 6 ....- --------- ..., '""" Proposal for a Space Needs Study St. Lucie County, Florida size and effectiveness, and the potential for changing requirements because of (echnological improvements will be incorporated into the projections. Work Plan Task E: Locational Analysis and Facility Options This task includes developing long-term strategies, preparing an outlined operational program, and evaluating selected areas and building potentials for meeting projected needs. The previously gathered information will be synthesized to develop options. Current and planned improvement projects will be included in the master plan options. These will include the need for immediate emergency repairs, short term identified repairs, deferred maintenance, and any security improvements. Guidelines for locating spaces and facilities will be derived from the database and projections, transportation findings, location needs, policy issues, and preliminary cost analyses. Adjacency considerations: One important issue will be to address adjacency requirements. Considerations for adjacency need to include material flow (a large amount of paper or other materials which transfer frequently), the need for staff interaction, and issues of administrative review, and duplication of support functions. The issue of integrating electronic data can greatly change this analysis (e.g., kiosks, etc.). Preferred Options: Because of the large number of possible alternatives from which the county can choose, we will work with the county to eliminate unacceptable options and identify a preferred option that comply with all laws. Conceptual diagrams will be developed for the preferred option, and financial implications will be reviewed. Cost considerations, in conjunction with the other criteria, will then help determine what should be pursued further. Environmental Concerns: ll.-PP will consider traffic and ADA issues, need for· public accessibility and access to public transit, need for proximity to other county departments, and conformity with the General Plan, zoning, and other standard concerns. Analysis of proposed facility plans will take into account the impact that expansion, relocation, or other changes resulting from renovation or new construction would have on the surrounding community. These facility and financing options will be presented to the county for decision making and guidance on the master plan. Work Plan Task F: Staffing Analysis of Current and Future Space, Particularly of the J ail and Justice Agencies The facility plan will include a component to analyze the staffing of the St. Lucie County departments, with some emphasis on the justice system, particularly on the jail. The various facilities need to utilize staff in the most efficient way possible in order to minimize operational costs while providing sufficient staff to effectively and safely operate. ll.-PP understands the need to obtain a completely objective review of the existing staffing requirements, current spaces, facilities, jail beds, newly constructed pods, tents, and any potential future facilities such as a new minimum-security building with staff Institute for Law & Policy Planning (ILPP) February 8, 2005. Page 7 ,-,. Proposal for a Space Needs Study ."""", St Lucie County, Florida Overtime is often a significant issue for staffing studies. Accurate and complete information regarding overtime is crucial. The study includes an evaluation of the degree to which turnover of staff influence the need for additional staffing or the use of overtime. Staff training improves the quality of service delivered. However, training removes staff from duty resulting in a direct cost for replacement. Consultants will review training records to determine the historical impact of training on staffing requirements. Better understanding of the physical layouts of each building is critical to the number of staff required. These plans assist in defining and assessing the current and projected use of staffing. The Consultants must review current cost of operations and conduct an analysis of the situation with expectations of providing recommendations on the CUrrent and future budget requirements relating to staffing. The Consultants expect to review many agencies' staffing patterns, as part of the projections work, including, for example, patrol workload and inmate per diem cost by facility and in comparison with like sized operations. A variety of services and programs, combined with the number of staff, results in complicated staff schedules. The combination of scheduled and unscheduled employee absences and county overtime policies can result in staffing problems. The Consultant will review existing scheduling methodologies. It will include a review of scheduling activities. Three major goals have been identified in completing the Staffing Analysis and Projections for St. Lucie County, with emphasis on the jails and justice system operations: 1. Conduct an independent, objective and authoritative staffing analysis, and identify staffing models that should be considered; 2. Explore options for the most efficient use of staff and minimization of operational costs; and 3. Identify the consequences of cost saving measures in risk, coverage, and security Issues. ILPP will interview a broad base of personnel representing the County's departments and agencies, including the Sheriffs Office. Staff will be interviewed to determine workload requirements. Through interviews, ILPP will define and comment on various alternative management concepts that might be appropriate. The operational implications of each approach in terms of staffing, facility management and/or individual components will be addressed. The activity level of staff will be considered when conducting the staffing analysis. Current organizational charts, classification analyses, and job classification descriptions and duties will be analyzed in order to understand staff deployment, and possible ways to propose variations in shift patterns at each facility. Minimum shift requirements will be developed to determine the appropriate number of staff required to operate the facilities. ILPP will work with staff to define daily activities and routines for the many needs of the inmates. Master schedules for each facility will be gathered to determine the extent of movement, security and operational staffing requirements, daily routine and program requirements, all of which will ultimately impact staffing requirements. Institute for Law & Policy Planning (ILPP) February 8, 2005. Page 8 ~ ...., Proposal for a Space Needs Study St Lucie County, Florida ll..PP will consider current transportation issues. ll..PP will study the current and possible future relationship of courts and the jail for the purpose of identifying cost savings. Cost savings options involving the use of technology will be considered. ll..PP will study the relationship of transporting inmates to courts and holding inmates at the court lockup. .-.'- ll..PP will conduct a comparison of standards to local practices to determine the number and type of staff required to operate each facility. State regulations, as well as national and professional standards, will assist the completion of the analysis. ll..PP will employ its current, recently completed review of the existing classification system and methodology to determine the extent that current practices impact the need for staffing. A similar staffing analysis, in less depth, will be accomplished for other justice system agencies. For the Sheriffs law enforcement operation the analysis of staffing needs will begin with analysis of the calls for service load, location, and timing, leading to the dispatch of officers. Modem management techniques and scheduling analyses will take place to ensure that current and future staffing is at best practice levels, determined nationally with respect to the key department characteristics. In the Courts, although ll..PP is aware of the State funding role, many local costs are involved in the way that facilities are organized, including bailiffs and other staffing decisions paid for by the· County, as well as information needs that are an evolving and mixed responsibility. A careful analysis of cost-effective staffing and information technology will help in the facilities planning, and ensure that the County is making good budget decisions when new facilities needs arise. :-,. With regard to the remaining justice system agencies, such as the Public Defender, State Attorney, a future pretrial release agency, and functions that are noW public (state) and private, such as probation programs, which may become more the County's financial responsibility, a careful program and staffing analysis will provide cost parameters to help the County engage the likely future space and building issues. ::.:..~ Staffing, projections, technology and various policy twists come into play in a major way when outlining a framework for facility master planning. Each and every one has large potential impacts on the County's budget. For example, a single staffing post at the jail, with 24/7 operation, training and relief, etc., becomes nearly five positions. This and other examples factor into the life-cycle costs of a facility choice in such a major way, generally dwarfing the size of the construction budget. Architects, who are often charged with facility planning, will always have a built-in conflict of interest in these decisions, as they are paid with a percentage fee over construction costs. It is for reasons flowing from this logic that ll..PP frequently finds that our facility master plans save more money then they cost, during the first month of the planning process; then they save for years thereafter. The overall approach to staffing, while stressing justice system agencies such as the jail, with 24/7 operations, will touch on every single county agency and department. Work Plan Task G: Cost and Financing Issues Institute for Law & Policy Planning (ILPP) February 8, 2005. Page 9 '-" Proposal for a Space Needs Study ...., St. Lucie County, Florida ILPP understands that the financial aspects of the master plan are of paramount importance and that no policy planning and forecasting study is of any real worth unless its recommendations can be implemented in a cost effective manner. The plan ILPP develops with the County will be the result of ILPP's knowledge of planning for maximum cost effectiveness and facility strategies based on life-cycle costs rather than a short-term perspective. ILPP staff will develop conceptual cost estimates. Because funding for specific projects may not be economically feasible until state or federal cooperative funding programs become available, the plan will be designed for flexibility in meeting current and future opportunities. Examples include possible "tobacco" money, grants, or changes in reimbursement for leased or owned facilities (such as federally subsidized social service and health agencies). The financial impact of separation of the courts from the county will be addressed specifically. Other issues arise, as well, such as Federal and State policies. For example, if the State moves certain funding responsibilities to the counties, St. Lucie must be prepared for consequences. This may occur in the probation area. Another issue is technology; agencies with steep staff increases can expect to see staffing dec1ineswith the introduction of certain kinds of technologies. Then there are other policies issues. For example, some programs, such as Welfare, give the County some choices with regardd to owning versus leasing. Exit strategies for current and anticipated leased or rented properties will be included in the cosranalysis. ILPP will use the facility project listing associated with the "best" plan, as well as land use, demographic and facility cost data to evaluate the feasibility of funding facilities identified in the master plan for S1. Lucie County. This cost analysis will fully address satisfying current and future space needs, including design, programming, and possible needs for modification and renovation. Work Plan Task H: Finalize Facility Master Plan Once the general alternatives are developed, selected alternatives will be evaluated using criteria arrived at with county representatives. Employing the county's decision on preferred options, ILPP will prepare the final master plan documents. Maps and plan sketches will be completed. The plan will include a specific project listing. This project listing will include cost considerations and financing alternatives. Recommendations on etIective space planning will be provided for each project. State and Federal Cooperative Funding Opportunities: A strategy for identification and pursuit of state and federal cooperative funding opportunities will be included in the completed plan. Phasing and Implementation Plans: The phasing and implementation plans will be developed based on a preferred master plan direction. The phasing scenarios will be set out in five year intervals and be based on the county's ability to assume debt over the foreseeable years; it will be flexible enough to allow implementation decisions to be made over time. Institute for Law & Policy Planning (ILPP) February 8, 2005. Page] 0 'w ., . Proposal for a Space Needs Study St. Lucie County, Florida p j i SECTION 3. CONTRACTOR CAPABILITIES I' ¡ - The Institute for Law and Policy Planning (ll..PP) provides St. Lucie County with the resources, experience, independence, and technical capabilities needed to successfully develop and complete this project. Most importantly, because ILPP has just finished population projections and a comprehensive justice system assessment, ll..PP is in a special position to complete a St. Lucie County facilities master plan. ILPP is uniquely farrùliar with the County, the Commission, and many local officials, yet remains objective; ILPP has already conducted major analyses that allow the in depth staffing work in the justice system to proceed most reasonably. Furthermore, ILPP has recently worked in the County and is ready to start immediately on this importantly formed project. [ [' f' ¡ L This section briefly presents ll..PP's background and experience. r , L A. Background and Experience t { The Institute for Law & Policy Planning (ll..PP) is a nonprofit agency that is neither affiliated with nor driven by architectural firms, businesses or vendors which could profit by the planning proposed here. ll..PP is operated by a team of directors, headed by Executive Director, Dr. Alan Kalmanoff, and is overseen by a national Advisory Board, representing experts in the field of local government. ll..PP works closely with agencies during the study process and is committed to developing, with agency participation and coordination, a long-term, realistic approach to facility use. r ~ r L ILPP has extensive experience in assisting county governments with their long-range planning efforts and has conducted facility master plans for entire States, such as New Mexico and Arkansas, a large number of California counties, including Placer, Humboldt, Solano, Shasta, Plumas, Santa Cruz, Kern, and Butte counties, and various other counties nationally, including Florida counties. We have worked successfully with architects, costs consultants, financial cxperts, and county staff to provide accurate information as counties make decisions about their long-term space needs. Our lctters of reference provide very strong additional support for these assertions. ¡ ¡ L ILPP's experience included a twice-renewed retainer with the State of California's Department of General Services (DGS) for complex, long-range facility planning, through the Office of Program Development and Management (OPDM). Under this contract, ILPP completed long- range facility planning studies for the California Student Aid Comrrùssion, the Department of Corrections, facility plans for the Division of Law Enforcement, California Department of Justice, and the Employment Development Department (ED D) (which encompasses multiple facilities and nearly 5,000 employees). ILPP also provided assistance to DGS/OPDM on the state's Strategic Facility Plan, with various challenging special projects. These long-term facility master planning contracts involved space encompassing rrùllions of square feet and projections for space and staffing for enormously complex large state agencies. f ! i ... ¡ i L L Institute for Law & Policy Planning (ILPP) February 8, 2005. Page J 1 "-" , Proposal for a Space Needs Study 'WIll St. Lucie County, Florida B. Key Personnel The Institute for Law & Policy Planning (ll.,PP) brings an integrated team to facility planning that is unique among planning and architectural consultants. Our project team includes experts in facility master planning and space programming, . organizational development, and forecasting analysis. Complete resumes are located in the appendix of tlús proposal. All consultants proposed have extensive knowledge of and experience with planning space and facilities for local government, and each will be available completely for the project period as proposed. ALAN KALMAN OFF, ro, PHD, MSW (Executive Director, ll.,PP). Dr. Kalmanoff is a national consultant on criminal justice, facilities and programs, teaches at Boalt Hall School of Law and has directed numerous needs assessments master plans for counties nationwide. He will act as project director and primary contact person during the project Dr. Kalmanoff has: directed eight major justice system and facility planning projects and assessments in the. last three years and ran population studies in over half of California's counties; · designed system action plans and facility scenarios to produce annual savings of over $10 million each in San Joaquin County (Stockton), California, Orange County (Orlando), Florida, and Hillsborough County (Tampa), Florida; · facilitated workshops which created broad support for the siting; and · served as a consultant for the U.S. Departrrient of Justice, National Institute of Corrections, California Department of Corrections, and the Legislatures of a half dozen states. PAT BRADLEY (Facility Analyst). Ms. Bradley is an expert in space planning and facility analysis and has headed dozens of facility master plan projects. Ms. Bradley is a: · specialist in links between functional policy and space use requirements. Ms. Bradley developed a planning tool for the State of California to facilitate planning, programming and siting of state building space. Ms. Bradley was retained for this project based on her prior work analyzing the policy barriers of implementing the state's capitol master plan; and · has directed siting analyses for a great many justice facilities, county departments and state agencies. Ms. Bradley has overseen the facility planning and siting elements of ll.,PP's work for the past six years, including the direction of a half-dozen County facility master plan projects. MICHAEL McNAMARA, l\fPA (Senior Facility Planning Consultant). Since 1969, Mr. McNamara has been involved in over 100 architectural and facility master planning projects across the nation. He has worked for both the California Department of Justice and National Institute of Corrections to develop cost scenarios for expanding county jail facilities and integrating infonnation and technology systems. As an associate at The Design Partnerships in San Francisco, Mr. McNamara was a key player in the architectural designing and program planning for over a dozen California correctional and court facilities. Mr. McNamara currently serves as the Chief Architectural and Planning Consultant of ll.,PP and is also a tenured professor at Kansas State University's School of Architecture and Design. Institute for Law & Policy Planning (ILPP) February 8, 2005. Page 12 ------ '-" ., , Proposal for a Space Needs Study SL Lucie County, Florida ",-'~ ri DAVID VOORHIS, MPA (Senior Justice System Staffing Consultant). Mr. Voorhis has been involved in law enforcement since 1959 an Undersheriff and Police Chief in Colorado and a private consultant to government agencies. He is a former jail director in the nation's first direct supervision jail in Colorado, which attracted the attention of the National Institute of Corrections' National Jail Center. Mr. Voorhis was the key consultant in the development and implementation of the U.S. Department of Justice's National Institute of Corrections' "Planning the Opening of New Institutions" (PONI) program. In this capacity he provided on-site technical assistance, facilities planning, and training to over 500 counties nationwide. His experience is in jail operations, management, and most especially in jail staffing studies, and he is widely known as the foremost national expert on jail staffing by the National Institute of Corrections. His staff analyses of jails and law enforcement have been employed definitively in many lawsuits. ~.cX· p l; r' ¡ DAVID MOULTON, PHD (Senior Analyst, ILPP). Dr. Moulton has developed a proven model for projections (staff and space, general county, and staffing by function) and will provide cost estimates of system changes. Dr. Moulton has: · developed ILPP's inmate population growth forecasting model; · completed a statewide analysis of county law enforcement for the Florida Legislature, in a state which has one of the nation's highest crime rates; · managed data analysis and information systems review for all ILPP projects over the last six years; · completed post-doctoral work in Economics and Urban Economics (UC Berkeley); and · specializes in coordinating and evaluating criminal justice management information systems for both automated and manual set-ups. [ r' t 1 1 L TRANT 00 (Information System Specialist). Mr. 00 is ILPP's lead information systems specialist, who recently spent several years developing an innovative internet project in criminal justice data integration. He has staffed many ILPP criminal justice data studies, interfaced with local information services agencies, and created analytical tools and studies stemming from most of ILPP's recent work. Mr. 00 is a database programming expert, and anchors work for many county criminal justice planning efforts. His specialties include population projections and budget modeling, and his experience extends to all areas of criminal justice system planning. r L ALICE UN (Research Analyst) Ms. Lin worked extensively in data collection, background research, and report production in ILPP's previous engagement with St Lucie County. She is familiar with the St. Lucie County's criminal justice environment and current policies in various county agencies. She conducts comparisons of counties with other similar jurisdictions through broad research and pinpoints deviations from the norm that warrant specific attention. She has also participated in this capacity in other ILPP projects. r I ~. ~ . J L ,.. ¡ ! l", r L Institute for Law & Policy Planning (ILPP) February 8, 2005. Page 13 '-' Proposal for a Space Needs Study ...". St. Lucie County, Florida , SECTION 4. FIRM'S EXPERIENCE SUMMARY A còmplete list of past ILPP clients with references categorized according to project type is included in the Statement of Capabilities section in the appendix. The following are among the studies that demonstrate our success in performing similar work. Recent ILPP County Facility Master Plans ILPP has conducted many facility master plans for state and local governments, including those for large state agency campus settings (Department of Justice) and giant industrial office operations (State Department of Employment). Most of ILPP's facility planning work comes from situations like that in St. Lucie, where a study of the criminal justice system demonstrates major facility planning needs so that decisions· about jails and courts are not made in a last- minute political arena, leaving the County burdened with the resulting staff needs in facilities it had no role in planning. Our work with State office buildings comes primarily from a twice renewed retainer to plan and program State buildings over a four year period; this work led ILPP to several special facility planning assignments for the State Legislature. The work for the Legislature was unique in that it recognized ILPP for its strong planning skills and major policy analysis capabilities. It realized that the combination of the two, in addition to ILPP's independence and objectivity, as well as freedom from conflict of interest in facility design projects, could yield enormous savings and advantages to the client. ILPP has completed major facility master plans for numerous counties, including Kern, Shasta, Plumas, Santa Cruz, Placer, a three county group seeking regionalization, and counties nationally such as Caddo Parrish, LA, where our master planned jail earned an award for efficiency. In Leon County, Florida, our plan was rejected by some but ultimately used as a prophetic warning of future staffing costs. Reference letters from satisfied clients for most of these engagements are attached to this proposal. lLPP's prior studies of county systems in Florida have led to facility master plan projects in Leon, Hillsborough and Orange County. ILPP'S Florida Facility Planning References The best Florida references for ILPP's county facility planning would be Jim Parrish, once the County Manager in Leon County, FL, Tom Allison, once the Director of Corrections in Orange County, and James Heartman, currently the City Manager in Alexandria, V A, but in charge of the giant Orange County Courthouse, (lLPP played a major policy analysis role with this complex facility, as weJI as with Orlando's 757 bed direct supervision jail, a facility that earned national accolades for staffing efficiency). 1. James Parrish, past County Manager, Leon County 2. Tom Allison, past Director of Corrections, Orange County 3. Jim Hartmann, City Manager, Alexandria, VA Mr. Hartmann directed facility planning for the County Manager 850-668-3384 920-336-9929 703-838-4300 Institute for Law & Policy Planning (ILPP) February 8, 2005. Page 14 r'~ r L· [: -', r: r' l [....... .. r L r L r t f L f· L L [ f L ! L " '- ..,,¡ , Proposal for a Space Needs Study 51. Lucie County, Florida Douglas County System Assessment and Facility Analysis In Douglas County, Nebraska (Omaha), ll.,PP conducted a system assessment and facility analysis. Because of growth and demand on the justice system, the county was facing a crisis, with tremendous fiscal and taxation implications in expanding and building. ll.,PP's study focused on seeking less expensive alternatives. The City of Omaha participated in this study and worked together with the County and ll.,PP to find solutions. The County's facilities included both those that were adequate to house existing functions and facilities with insufficient space, no potential for reuse, and with fire and life safety hazards. Replacement options included purchasing existing buildings, constructing an addition to an existing building, and constructing a new facility. ll.,PP was selected (as high bidder) from a broad field of consultants. In five months, ll.,PP, working with a committee of key officials and staff, developed a report and recommendations that drew widespread support from the county commissioners, county staff, and the community. The study resulted in the passage of an extremely important bond issue for a new facility, due to the credibility and consensus associated with the work. . Reference: Kathy Kelly, County Administrative Officer, Douglas County, NE (402) 444-623.7, State of California, Facility Planning Retainer ll.,PP was selected by the State of California Department of General Services to provide facility master planning services to state agencies. The retainer, conducted through the Office of Project Development and Management, was twice renewed. Projects included: California Department of Justice, Division of Law Enforcement, Facilities Master Plan. This ten-year facilities plan was developed for an agency with a broad range of space functions, including office space, document storage rooms, laboratories, and computer rooms. This study involved space projections both for growing office space needs and for the division's many sophisticated technological applications and special needs. Fire code and data channel improvements, computer expansion, and adjacency requirements were important criteria in the analysis of alternatives. California Student Aid Commission (CSAC) Facility Study. ll.,PP developed a 20- year expansion study for a rapidly growing and complex state agency (500 employees) with private sector and independent funding. Technical issues included the commission's high degree of automation and demand for communication links, space requirements for computer/printer rooms, an "auto-dial" room, and parking and transportation. Preparation of the study included applying and analyzing State Administrative Manual guidelines for staff space and support facilities for child care, a cafeteria, and a wellness center. Institute for Law & Policy Planning (ILPP) February 8, 2005· Page 15 '-' :; Proposal for a Space Needs Study """" SL Lucie County, Florida San Quentin State Prison Space Utilization Study. Tllis plan approached the replacement of a 150-year-old facility that housed the general warehouse, various shops, the library, central and satellite control stations, administration, and food services. The study required an inventory of existing facilities, and then analysis and comparison with independent standards and guidelines for these functions, Alternative space options were developed with consideration of phasing and location issues, adjacency requirements and cost estimates. The scenarios included discussion of single vs. multiple sites, partial or complete demolition, and rehabilitation of the existing structure. Comprehensive Planning Review for the Office of the Auditor General, State of California. This study for the Auditor General examined why the state's 1977 Sacramento master plan had not been implemented and made recommendations to facilitate implementation. Issues included location and consolidation, restoration of older buildings, and the public benefits and cost efficiency of leasing versus constructing buildings. Because of this critical assessment of the state's planning procedures, ILPP has expertise in essential criteria to be considered as long-range plans are formulated. Reference: Peg Hudson, Chief, Office of Projects Development & Management (916) 376-1718. Placer County Comprehensive Facilities Master Plan In a 20-year plan for a rapidly growing and geographically diverse county with most of its offices in inflexibly configured World War II "temporary" hospital buildings, ILPP projected space needs for all county agencies, capital improvement, costs, phasing, and financing options. Solano County Facility Master Plan and Follow-up Detailed Space Plan. The county-wide master plan identified needs, inventoried and inspected existing buildings and sites, detailed adjacencies, and estimated costs for a 20-year capital development plan. All county departments were addressed, including Administrative Offices, Public Works, General Services, planning, and building. A subsequent plan discussed specific departmental relocation and remodeling. See attached letter of reference from Paul McIntosh. Reference: Paul McIntosh, County Administrative Officer (530) 538-7224 Santa Cruz County Facility Master Plan This 20-year master plan for included assessing the needs for all general government, courts, justice and law enforcement departments except adult and juvenile detention, and also included space needs projections, capital improvement options, cost estimates, and phasing. References: Robert Wandruff, retired County Manager, (707) 961-6161 Attached to this proposal are reference letters from additional clients. Institute for Law & Policy Planning (lLPP) February 8, 2005. Page 16 :;.. ~ [ - r' I , t, I t r [ L ! i f ¡ ! ii:: í L L [ '-' ;:: Proposal for a Space Needs Study ...,,; Sf. Lucie County, Florida SECTION 5. PROPOSED SCHEDULE AND FEES Proposed Schedule Through our extensive experience in working with facility master plans and other county-wide planning processes, ILPP has developed a project scheduling process that is both efficient and effective. Tailored directly to the specific issues and departments in St. Lucie County, the process utilizes interview tools and building surveys forms that ensure that all the data is collected in an efficient and timely manner. This process has been effective in prior projects, and our references will attest to the ability of this firm to complete projects in a timely manner. The proposed schedule of work is based on our understanding of the proposed scope of the project. The schedule is designed to be efficient, yet allow ·adequate time for the collection, processing, and analysis of essential information from county representatives, permitting review of our data and results. This project will be ILPP's primary project during the study period. Proposed Schedule for the St. Lucie County Facility Master Plan Task Description Task A: Organization and Overiew Task B: Assessment and Projections Task C: Inventories and Evaluations Task D: Space Needs Forecasting Task E: Location and Fadlity Options Task F: Staff Analyses Task G: Cost and Finandng Issues Task H: Finalizing Space Needs Study Week 10 11 12 13 14 151617 18 19 20 Institute for Law & Policy Planning (ILPP) February 8, 2005· Page] 7 '-' ...." ~ Proposal for a Space Needs Study SL Lucie County, Florida Proposed Fees The following proposed fee is based on our understanding of the scope of the project, and is negotiable, based on the final work plan, extent of required travel, and other changes that the County may wish to make. All direct project expenses are figured into the cost. Task Cost Task A: Organization & Overview $ 4,000.00 Task B: Assessment Of Current Situation & Department Projections $ 21,000.00 Task C: Analyses of Jails, Courts, and Other Agencies $ 30,000,00 Task D: Buildings & Sites Inventories & Evaluations $ 18,000.00 Task E: Space Needs Forecasting $ 20,000.00 Task F: Locational Analysis and Facility Options $ 12,000.00 Task G: Cost & Financing Issues $ 7,000.00 Task H: Finalize Facilities Master Plan $ 18,000.00 Total Proposed Cost $ 130,000.00 InstitlJte for Law & Policy Planning (ILPP) February 8, 2005. Page 18 '-" ....I ;: Proposal for a Space Needs Study St. Lucie County, Rorida SECTION 6. COMPENSATION Proposed Budget for a Space Needs Study for St. Lucie County Task Description Hourly rate (including overhead) Hours Cost Task A: Organization and Overview 24 24 18 18 12 24 $ 11,040 Task 8: Assessment and Projections 30 23 18 36 30 24 $ 14,580 Task C: Inventories and Evaluation 30 36 24 17 8 24 $ 13,520 Task D: Space Needs Forecasting 24 36 30 24 8 24 $ 14,040 Task E: Location and Fadlity Options 30 36 36 30 4 24 $ 15,780 Task F: Staff Analyses 36 30 18 30 12 24 $ 14,520 Task G: Cost and Finandng Issues 30 24 24 36 24 24 $ 14,940 Task H: Finalizing Space Needs Study 48 48 36 36 24 48 $ 22,080 Total Hours 252 257 204 227 122 216 $ 120,500 Total Cost (not Including Expenses) $120,500 Expenses (Travel, Production and Project Costs. Not to exceed amount) $ 9,500 Total Cost $130,000 Institute for Law & Policy Planning (ILPP) February 8,2005. Page 19 '-" ...., , , I I '-' ""'" , ÅPPENDIX '-" ~ Appendix Letters of Reference 1. Board .of County Commissioners, Orange County, FL 2. Ninth JudicialCircuitQf Florida, Orange County, FL 3. Sheriff's Office, Orange County, FL . ,-... 4. County Administr.ator;s.Qffice, HillsbotQugh County, FL ',' ,',:.; ,. .':'- ".''':~~''.:' :'- ': -, :':~':_'..-"'. >,'..:.:;..-..-.... -.: . S. Board of Comity Conimjssioners;Polk Coµnty, FL ,: ,,' 6. . Board of County Commissioners; Leon Œunty, . FL 7. Task Force for the Review of Cri¥naIJustice and Corrections System, Tallahassee, FL ·8. California Student Aid Commission, Saaamento, CA 9. Dept. of General Services, Solano County, ÇA 10. Dept. of Public Works, Shasta CO.unty, CA 11. Dept. of General Services, SaCrllmento,· CA 12. Bureau of State Audits, Sacramento,· CA 13. Dept. of General Services, Saaamento, CA 14. County Commission, Solano County, CA 15. County Administrative Office, Shasta County, CA ILPP Team Resumes Alan Kalmanoft: PhD, JD, MSW ILPP Executive Director Project Director Michael McNamara Senior Facility Planning Consultant Chief Planner & Architect . Pat Bradley ILPP Seruor Planner & Computer,Analyst Facility Analyst David Moulton, PhD ILPP Senior Analyst. Budget Assessment & Population Projections David Voorhis,MPA Former Sheriff & Police Chief, Boulder, CO Correction~ Assessment Thant 00 ILPP Chief Technology Officer Information Technology Assessment c.. Signed Addenda '-" """" c' r' , . ,. .: ¡ l I i , L ~ ,."", Oran~e County Linda W. Chapin Orange County Chairman 201 South Rosalind Avenue - 5th Floor Reply To; Post Office Box 1393 Orlando, Florida 32802-1393 Telephone (407) 836-7370 January 13, 1994 To Whom It May Concern: The Institute for LctW & Policy Planning completed a comprehensive evaluation of Orange County's system-wide criminal justice needs in October, 1993. The work ILPP presented to the Orange County Board of County Commissioners is predicted to produce a savings of at least $10 million annually in operating costs and several million in construction costs. The work substantially aided our county in not only controlling exploding criminal justice expenditures but in encouraging all of our elected officials to work together in implementing solutions. Not only do I recommend ILPP's work to any locality seeking tangible improvements in their planning and managernent, but "Ie have retained ILPP for a second study to evaluate the civil divisions of our court system. ILPP's team was thorough, professional and sensitive to our local issues. Executive Director, Dr. Alan Kalmanoff, and Assistant Director, Sarah Armstrong, skillfully coordinated their team of experts and facilitated meetings of the county's criminal justice leadership. The ILPP team presented in clear language the first real assessment of our justice system and a projection of its cost. The study's methodology included in-depth quantitative and qualitative analyses of the jail population and court case load, yet I did not have to waste time trying to make sense of endless statistics. Problems were articulated clearly and options for change were prioritized intelligently. Dr. Kalmanoff's approach was forthright and sensitive, demonstrating aTI admirable ability to objectively assess our situation in a politically charged enviro~ment. While the county's interest in having a criminal justice ~tudy emerged from a state and federal lawsuit regarding our overcrowded jail, ILPP examined. all agencies, pointing out how policies throughout the system have an impact on efficient management of the jail. An especially notable quality of the ILPP team was its emphasis on implementation. Toward this eTId Dr. Kalmanoff and his colleagues worked extensively with key criminal justice leaders in the county to achieve co:r.sensus around a system-wide plan for improving the effectiveness of our criminal justice services. The result is that Orange Count.y has se·t in place an oversight committee to monitor the execution of ILPP's recommendations. It is a pleasure to see our system working in unison toward common goals. _ CommissioMrs: ßob Fre~man, Di.stricll . Tom Staley. District 2 . M.uy I. }ohnf>ún. District 3 . Frail Pignone, Dislncl 4 . ßiIl Donegall. District 5 . Mable Duller. Di.4lrict 6 - ~ .."" ILPP can help any county by clearly showing local leaders where the problems are and how to work through them, producing savings in resources and facilitating cooperation among diverse agencies. Sincerely, ~ÚJ'~ Linda W. chapin Orange County Chairman '-" .."" f',," .iúdt cf $1ttriba ~ttttlr Wu.hirial <!firmit ûf ~n R. JAMES STROKER CHIEF JUDGE COUNTIES OF ORANGE AND OSCEOLA ORANGE COUNTY CIVIL COURTS BUILDING 37 NORTH ORANGE AVENUE. SUITE 1110 ORLANDO. FLORIDA 32801 (407) 836·2026 ANNA PATTERSON JUDICIAL ASSISTANT r~ t' June 13, 1994 F' l. r To Whom It May Concern: r l I am writing to provide my assessment of the Institute for Law & Policy planning's (ILPP) recent work for Orange County. Led by Dr. Alan Kalmanoff, Executive Director, ILPP performed a comprehensive evaluation of the Orange County criminal justice system. This study provided a clear picture of how our system is working and the impact it is having on our allocation of resources and our effectiveness in addressing serious crime. ¡ [, The leaders of all the offices in our local system joined together to review ILPP's recommendations and develop tangible plans for implementing those which will improve our use of limited funds and our ability to target serious criminal offenders. The cooperation of these offices resulted in a clear action plan which should significantly better "how we do business. " ILPP' s commitment to building consensus and facilitating implementation was a key contributor to the work we have now accomplished. L r L L [ My valuation of the ILPP study has undergone a major transformation from my initial opinion of the project. I was skeptical and wary that a consultant from Berkeley, California would be able to provide insight into a system that I felt was already fairly efficient and just. f L However, the ILPP report quantitatively and qualitatively assessed all of our programs and offices, describing a system which was very different than my ideal. While the study found that individual agencies within the system were working hard and seeking to make constant improvements, these efforts were not coordinated or organized in accordance with a system-wide goal. r ¡ t.,. '-" ....., The consequence was duplication of effort, lost revenue opportunities and a tendency in our detention system to house unsentenced, non-serious offenders in maximum security space were alternatives would be more cost-effective and more likely to have an impact on changing the offender's ways. Simply in identifying who is in our system and the policies and practices that have led to this, the ILPP team provided Orange County's criminal justice decision makers with vital information. However the ILPP final report also presented options for remedying this situation to improve our strategy in protecting our community and our criminal justice spending. I am pleased with the work ILPP has completed for the county and I recommend them to other jurisdictions interested in regaining control over local criminal justice. RJSjap Very .trulY You~rs, ~. /:/~ ' ~ Ð ( -~. ¿é/U/[ R. Ja Stroker, Chie / udge / '" ...." .i'f' ,t-~'i- '~~o/~~m:.?' Sheriff Kevin Beary -..~~~. I þ-@: ~;'''- .'C!:l?"'-- "" ·tt ,.t}.'ít.' --,~.~( ORANGE p'u:;:', ¡' COUNTY SHERIFF'S OFFICE '." ~ ~-l May 16, 1994 ,-,; TO WHOM IT MAY CONCERN: r' I:.~ ILPP, represented by Executive Director Alan Kalmanoff, came to Orange County on a contract from the Board of Commissioners to assess the entire criminal justice system. I admit to a certain amount of apprehension relative to our law enforcement agency being fairly treated and in some way hindered from maintaining and enhancing our service level now as well as in the future. r Eight months later upon the project's completion, I would now say that ILPP's team completed a surprisingly comprehensive and data based inquiry into our local system, overcame some resistance from certain managers, and in the end won our trust and respect because of changes that are now taking place in Orange County. I hasten to add that as head of the largest law enforcement agency in the County, I do not agree wholeheartedly with all of ILPP's findings or recommendations. I do, however, believe that ILPP's work for Orange County is solid, well documented, and overall a worthwhile investment by the county. Even on those issues where I disagree with ILPP, it is accompanied by respect and the realization that only history will determine the quality of the recommendations. [. ILPP's team briefed my office on their findings before publishing a final report, giving us an ample and private opportunity to respond, disagree and provide input. , L; The final report recommendations should save the county millions of dollars in future operating costs, and my office is currently involved in a multi-agency effort to implement many of the report's recommendations. I would go further in indicating that an automated fingerprint identification system will probably take the final steps in becoming a reality, as I write this assessment, as a direct result of an ILPP Study recommendation. r [" r L, ;,.., Post Office B~x, 1~40 . qr~a_~d.?è !~o!~~a 32802-1440 ....... ..., ILPP May 16, 1994 Page 2 From my agency's perspective, ILPP is a professional organization very well able to work with law enforcement and other criminal justice agencies. I would be happy to recommend them and further discuss my impressions or those of Mr. Bob Fuller, my Manager of Special Projects and Project Coordinator on the ILPP Project. "" ~ HILLS BOROUGH COUNTY Florida Office of the Counry Administrator Frederick B. Karl BOARD OF COUNTY COMMISSIONERS Phyllis BusaOSkY Joe ailluno Lyd¡' Miller Jlm Norman Jan Platt Ed T uranchilt Sandra Wil5ðr'l , Senior Auistanr County Admini.straloc Puricia Bean ÁuUtant County Adminûttauxs Edwin Hun¡Ckcr Ctettli Johnson. )immk J(.d Roben T ..ylor .. July 27, 1994 Mr. Alan Kalmanoff, Institute for Law & P. O. Box 5137 Berkeley, California JD, MSW, PhD Policy Planning 94705 Dear Kal: In due course, I will write a proper l.etter of gratitude for your outstanding wor~ here in Hillsborough County, but for now, I want simply to .say thanks. Your project was on time, it conformed to the contract. and it was exactly what was needed to stimulate our thinking and guide our future actions. I have taken the liberty of recommending your firm for similar projects, and, as you know, I urged the Governor's Task Force on Criminal Justice and Corrections, of which I am a member, to retain you and to ask you to address us. You do good work and I appreciate it. Very truly yours, ¿J~ul K'c~ Frederick B. Karl County Administrator i I 1,.'. FBK/bg Post Office Box 1110' Tampa, Horida 33601 An Affinnotiolr Aai?n/Eqwal Opportomit, Em >/<ry<r "" ...,;' HILLSBOROUGH COUNTY Florida Office of the County Administrator Frederick B. Karl BOARD OF COUmY COMMISSIONERS Phylli> B"",nsky Joe Chillura Lydia Miller Jim Nom.," Jan Plan Ed T "ranch;\; Saodn W~soo Senior AKistant County Admir:ùstratcc Puricia Bean Anillitant County Administrator¡ Edwin Hun¡elc.~r Cretta Joonsoo Jimmi.eXc:d Robert T.ylor November 1, 1994 Dr. Alan Kalmanoff Executive Director Institute for Law and Policy Planning P.o. Box 5137 Berkeley, CA 94705 Dear Dr. Kalmanoff: Hillsborough County and its citizens are most appreciative of the excellent work recently performed by ILPP in your study of medical services being provided in Hillsborough County jails. When we entered the $25,000 contract with your firm, we could not have anticipated that the results of the study could produce such significant savings for the taxpayers of Hillsborbugh County. The Sheriff's Office, utilizing information included in your study, in two separate actions has achieved an overall savings in the contract amount of $1,500,000. We a.re most pleased to have achieved that kind of reduction for an investment of $25,000. Thank you again for the professionalism and excellence demonstrated by ILPP in pursuant of this project. Sincerely, ,90:;1- Patricia Bean Senior Assistant County Administrator PBjzc Post Office Box 1110 . Tampa, Florida 33601 An Affrrmm¡.,. AaionlEq",,¡ Opponunil, Emplo,.r ~ ...,J ~.... POLK COUNTY P.O. Box 60 330 W. Church St. Bartow, FL 33830 (813) 534-6426 FAX (813) 534-6055 Daniel J. Costello Comm issioner, District 4 Board of County Commissioners May 17, 1993 To Whom It May Concern: The Institute for Law & Policy Planning (ILPP) was hired in the fall of 1992 to perform a comprehensive, system-wide study of Polk County's criminal justice . system. The goal of the project was to plan intelligently and feasibly for the county's long-term correctional facility needs. Their work on this project was outstanding, and I am pleased to recommend their services to others. r , ¡ ILPP placed an emphasis on system coordination instead of looking simply at the jail. They explored how the courts;p¡,osecl.itjon, ¡fefense, pretrial services and even county government all play a rol~in;~8.,naging -a jail population. Given their "system" approach I am impre~~ed byILI:'P'~á'þilitytocreate consensus and . facilitate discussionamongso ·lIIany compëtingintere,sJs.. Dr. Kalmanoff was dynamic and engaging in his presentatiQns to our COI1Jltypublic safety coordinating council. ... . r L Dr. Kalmanoff and all his staff were willing .tŒ.meeet Over my and my colleagues' f~edback throughout the Pl'ojectlind'ÌI1JégrateóuI'input into reports. He actually met with us afterthé contract had ended to work toward consensus of our criminal justice community. 1'his.isthekin,doi'C:I;mimihnent I can commend to another jurisdiction. [ I found the work produced by ILPP tobèprofessional,thorough and readable; T hey performed population analyses and other technical stùdies and compressed this data into a report which laid out ap.doritizedset of findings and recommendations that was responsive to Polk County's financial limitations. [ r I L In sum, their work is refreshing andhònest. ILPP was willing to call it as they saw it but in a way that did not attach negative blame to anyone. They were willing to update our existing master plan and had data to back up why that master plan was obsolete, . . I ¡ L I would be happy to discuss ILPP's work in more detail. ! ¡ l Sb;' (2, k1L. Daniel J. Costello /bjh # ::':II'T'I"T" ~..tC"~'5 HEr~R( i..C",'15 III L,Str.c11 GAYLE "[;'SON D.5:11("': 2 ~c):3EPT 10( ~ENOERSO~ O:s:rlC' 3 DON C PRICE DIS:~IC'1 . GARy vOADOrJ D'SIIICT S WllLlA. ~ J ....Op.,jT :ORO A['lllr9~ J lEE v4USE At·UlIge JAMES W P...~~tSH Counly ""O"""""$lraIO' 1= e STEINI.'EyEA ill COo"rnty "norne)' '-' DISTRIBUTION LIST COr.1mlss,cners G-l'v" Administrztor Attorney Personnel Public Works Community Gev. Utilities Finance Other - ....., Board of County Commissioners _!I,,"\I,,¡ co: .....":"'1. ,- ,. . =':'1. =...~: T:.~....H""'..\~5::: ;..:'::,:J. ;y:::' ,·:0 'N'.'-.: May 23, 1988 - - - Commissioner Gary C. Wheeler Chairman County Correctional Planning Committee Board of County Commissioners 1840 25th· Street Vero Beach, FL 32960 .- ~ Dear Commissioner Wheeler: In response to your May 13 letter regarding the Institute for Law and Policy Planning, I completely concur with the response of Leon County Commission Chairman Lee Vause. I would also point out that from the Administration's viewpoint, Dr. Kalmanoff has been exceedingly professional and easy to work with in all phases of his study. I'm sure that he has provided services well above and beyond his contracted task and continues to work with us in implementation of the Justice System Process recommendations, although that contract has been completed. Dr. Kalmanoff has done an outstanding job to date and is providing valuable assistance to Leon County in developing our Jail Master Plan. I would recommend him highly for Indian River County. Sincerely, z~~ County Administrator JWP:vlb cc: Board of County Commissioners ,::1 ::·C:,..:ï¡ C.':_:'0(~J.",,;,.......j:···."7::;:''''·f .I.:.·:t~ "'l[ .... , ,., Members: " Thomas H. Barkdull Jr. Bob Butterworth Nancy Ann Daniels I-7ce ChaIr Raymond Ehrlich Robert M. Gross Frederick B. Karl ," Char]es E. MIner Jr. ChaIr . . Charles B. Reed L~ Kathy Fernandez Rundle Kenneth L. Williams JudIth A. Wolson c. v~ L,.:. r i l. ~ ' ..-,. "--'" ;-, Li, ...,~ '-" ~ Task Force for the Review of the Criminal Justice and Corrections Systems Post Office Box 1489 Tallahassee, Florida 32302 February 8. 1995 Dr. Alan Kalmanoff Executive Director Institute for Law and Policy Planning Post Office Box 5137 Berkeley, California 94705 Dear Dr. Kalmanoff: Enclosed is a copy of the Final Report of the Task Force for the Review of the Criminal Justice and Corrections Systems. The Report was delivered to the Legislature and the Governor on Friday; January 13, 1995 as required by law. The Task Force will remain in existence through the end of the legislative session in order to address the memben; of the Legislature about the findings and recommendations contained in the report. I would like to express my deep appreciation for your contribution to this. Report and the efforts of the Task Force. Your presentations to the Task Force dealing with ways in which local governments can improve the delivery of criminal justice services while providing greater levels of public safety were well received. Your findings and recommendations led to much thoughtful discussion among our members and [armed the basis [or several of the conclusions included in our Final Report. Criminal justice is a complex and often controversial subject. You bring a practica1 approach to solving problems in the system whieh includes all the players, offers more cfiìcicnt delivery of services, and provides for greater public safety. Hopefully, the Task Force report will help further this approach around the state. Again, thank you for all your help. I look forward to working with you inthe hllure. Sincerely, ~~~ BB/mbp Enclosure BrIan Berkowitz. EJlecutlve DIrector 2331 Phillips Road, Room C3088, Tallahassee, Florida 32308 Phone: (904) 922-3960; FAX (904) 487-4812 ~ ..." STA TE Of CALIfORNIA PETE WILSON. Go""'mor CALIFORNIA STUDENT AID COMMISSION P.O. BOX 510845 SACRAMENTO. CA 94245-{)845 (916) 322-1904 June 9, 1992 This letter is to commend the work conducted by the Institute for Law and Policy Planning (ILPP) on behalf of the California Sludent Aid Commission. ILPP completed a general facility plan for the Commission in March 1992. This facility plan analyzes the Commission's future space requirements and provides cost-effective recommendations for housing the Commission's operations over the next 15-20 years. It identifies building ownership options which could save the Commission from $9 million to $25 million over a 20-year period. The content and quality of the work completed by ILPP met all of the Commission's expectations. The firm carefully examined our complex operations and developed a thorough understanding of facility needs over the next decade and. beyond. They accommodated our design needs, demonstrated flexibility in responding to requests for special analyses, and proved able to meet required timelines. Staff at all times were courteous, knowledgeable, and professional. I would not hesitate to recommend the qualifications of ILPP for similar projects in both the public and private sectors. Sincerely, ~ h1 ~ _ ~ 4/~ Greg Gollihur Deputy Director Governmental Relations @" :.: . *'...... '-' GENERAL SERVICES DEPARTMENT ...." september 22, 1989 !!03 TEXAS STREET FAIRFIElD, CA 94533 (707) 42H681 )USAN L ROGERS Director " Alan Kalmanoff Institute for Law and Policy Planning P.o. Box 5137 Berkeley, CA 94705 Dear Alan: I wanted to thank you Alan for the great job done on the Space Allocation program for the Old Hall of Justice at Solano. This project concerned the reallocation of approximately 80,000 square feet of space between 10 different county departments. The objective was to determine the space needs of those remaining in the building after a major department moved out. Further, the concept included a consolidation of functions so that Departments would not have to be spread in many different locations throughout the building. In addition, there were severe restraints on the costs related to any remodeling projected in the reallocation program. . r--' Pat Bradley and David Moulton worked together on this job and provided to this County an outstanding plan. They examined all the needs, provided various scenarios and made a thorough and defendable recommendation on the use of space. They worked with a vast variety of individuals on the job and it is a tribute to them that they were able to come up with a plan that was acceptable to all of the occupants. L.;.. f' l< I was most also pleased with the presentation of their recommendations to the occupants of the building. They backed all the issues up with facts and figures in a presentable and understandable format. The resulting space plan for the building is a ready reference to me in addition to be a well written document. r ~ , ! ;;;.'- '-' .."", SHASTA COUNTY DEPARTMENT OF PUBLIC WORKS COUNTY OFFICE BUILDING 1855 PLACER STREET REDDING, CA 96001-1795 (916) 225-5661 FAX (916) 225-5667 May 19, 1995 WILLIAM E. LYMAN DIRECTOR Institute for Law & Policy Planni~g P.O. Box 5137 Berkeley, CA 94705 Attention: Mr. Alan Kalmanoff Executive Director Subject: Shasta County Capital Improvement and ADA Transition Plan Dear Kal: I want to . thank you and your staff for your excellent work in preparing the Capital Improvement and ADA Transition Plan for Shasta County. It was a pleasure working with the Institute for Law and Policy Planning. I was impressed with the level of professionalism of your staff at every level. They not only had good ideas, but showed an ability to work with our staff to integrate County requirements. We are very satisfied with the final product. I particularly appreciate your ability to work around our schedule and your extra trip to Redding to brief our Board of Supervisors. Very truly yours, William E. Lyman, Director By LDB/lr - '""' , .'-r' GEORGE DEUKMEJIAN, Go...rnor UE OF CAlI~ORNIA-STATE AND CONSUMER SERVICES AGENCY EPARTMENT OF GENERAL SERVICES FICE OF PROJECT DEVELOPMENT AND MANAGEMENT o P STREET, SUITE 3460 .CRAMENTO, CA 95814 May 25, 1989 Ms. Merry Irwin, Projects Coordinator Institute for Law and Policy Planning 606 Gravatt Drive Berkeley, California 94705 Dear Ms. Irwin: Letter of Reference After reading the review copy of the DOJ Facilities Master Plan Report. it is my pleasure to submit this letter of reference. The staff of the Institute for Law and Policy Planning (ILPP) should be commended for the informative, easily understood planning document relating to the complex future space needs of the Department of Justice. Division of Law Enforcement. The study demonstrated excellent skills in defining the problem and it is written in a clear concise style. I was also impressed with the exceptionally good lines of communication and working relationships which were established between your staff and the Departments of Justice and General Services. Also, when your staff said that a work product was to be submitted on a certain date, it was submitted on that date. In the future, I would not hesitate to consider your firm in regard to other facilities planning studies. Todd Wilson of my staff as well as myself will be happy to provide other letters of reference on request. Please express our satisfaction with your effort to the DOJ Master Plan Team (Pat, Kal, Mike, Dave). Sincerely yours, 'iii~t c¡{~&v<J Mana~, Project Development Unit MKH:TW:la ~., --... ". ,-'". .._~ . A·" , .. ~..' '-' ...., S·JOBrR·G r:'f^S··ITrN . ..... .... ... L .. LVI\. fFL··· J( . CONSULTING LLC March 1 t, 2002 Mr. Alan Kalmanoff . .. . Institµt~ for taw& PolicY Planning 2613 Hillegass Ave Berk~ley, California 94704 Dear Mr. Ka/rnanoff, Asadivisiori .chiefin .thepffice ·of the Auditor General, ..in1990, Vjeawardêd a contractto ILPP to study thestate'sspacefaciJjtiesplanpjnggoals~poJiciês;.ahd recommendations.. This·. comprehensive look at hOW the state.planed, implemented, and managed its facility resoUrces and needs required broad experience, insight, andknowledg~. This study ofth: master plan deterrnlhed whether theassumptionsQf thep/aI1Weçeappropriéit:;,the resömm.endati9ns were consistent and ·.scalab/e,anqjf therE:!. Wa$strUqur: for carrying therflout.. . Your team ..9.uickly ·id.~ntifiedthe·KeycomRQneptsofthe:t1Qag~l1')ent...S()l1d9cted inde pfþreview~ncian~IYsìs '<:lnq·rn<:lqe)l~ll1efld(j tadrect'.Tmelld ations, . The. . . resu Iv nfl n;þort,.issuë.Cf AlJglJ~tJ9,J9~().;'?Ϫ~p~efØ léinº.til'T1ely:;· . . .-.-._. . '.,'-. --, -, -.. -.... - -. ...., --',' '-',"'," .... -'-"-- "-' .," . ,','-. -..' .'.. -'-,''',-,'.' . - ---.-.-....-- -'.... ....----.."." ::.':, . - '. .., - - . ,-. --",-- -""-'-"'. .,.....".,--- ,.- - ....,.. ". , We found our experiencewithlLPPpröfessional·and competent. We were pfeasedwithlLPP's process and product; thus over the eh~uirig yeåli the. Office of the Auditor General provided pO$itìve r~commendé!ÌÌOri50fILPP to other State of California departments. Moreover, it Îs important to note that many of the . individuals involved in the 1990 report remain with ILÞP.·· . T fI F ¡. Ct.l' A T ION FOR I X C f I LEN C I 455 C~J'I"rOL,I.,.1!\1,1 S-l.;rn 700 SACR;\¡\·\[NTO. C.~1.¡f7·ORNLA. 9,5l) ':: '.91·6) 44:~-13De· F;-\Xi9Ui_) ·:HJ"USO· Sr()!¡ERGCU¡-"¡S'~iLTINC_CO:V\ '-' 'W!I STATE' OF CAlifORNIA-STATE AND CONSUMER SERVICES AGENCY PETE WILSON, Governor DEPARTMENT OF GENERAL SERVICES OFFICE OF PROJECT DEVELOPMENT AND MANAGEMENT 400 R STREET, SUITE 5100 SACRAMENTO, CA 95814 ~,..:.:' :,. ~ ......' October 5, 1994 Mr. Alan Kalmanoff, Executive Director Institute for Law & Policy Planning P. O. Box 5137 Berkeley, CA 94705 Dear Mr. Kalmanoff: As you know, the format for presenting a Statewide Integrated Capital Outlay and Leasing Plan by the State of California, Department of General Services, was developed by the Institute for Law & Policy Planning [ILPP]. Since completion of your responsibility, the Plan has evolved into what we now call a "Statewide Facilities. Plan and Asset Management Strategy" . The Plan is a biannual report with the following purpose: "To provide the. State of ,California with a comprehensive pl.~n;f\}'r·"~l}!Ûï-ing and maintaining state-owned··office space and for housing agencies in leased facilities. The Plan established a foundation for improving state agency coordination and communication on real estate programs, projects and policies. The Plan further serves as a basic management tool for the Department of General Services, the Department of Finance and other parties involved in capital construction and leasing decisions". When appropriate the proposals in the Plan are scheduled to mesh with the normal State budget process and related capital outlay budgeting requirements. .. .~. .'- ~'-~'" f1(?P'~oí1gind:l·contribution to the Plan's development has grown into an essential planning and management document for the State's real estate inventory. Sinœr~!j', ~ Lynn Mitchell Senior Planner LM:ma:l068 SO"AD 011" SUPERVISORS L.EE STURN (DIST. #2) CHAIRWOMAN ~ ~ç.OUHTY ADNIHIITRATOR (707) 429.6211 DON PIPPO (DIST. #A) VICE CHAIRIot...N CL.Eftl'!; OF THE BOARD L.INDA. 1... TERRA. (07) 4211-15216 OS BY DA.VIS (O'OT. # 1) SAM CADDL.E (DI5T. #3) RICHARD BRANN (OIST, #5) COURT HOUSE fA,JRFI£LD. CALIFORNIA 94!533 August 2, 1988 To Whom It May Concern: Please allow me the opportunity to extol upon the performance of The I nst itute for Law and Pol icy Pl anni ng and The Des i gn Partnership in their preparation of a County-wide Facilities Master Plan for Solano County. As manager of this project, I have had the pleasure of working with them on a daily basis and shared their insights into the management of local government in general and facilities management in particular. During a recent presentation on the policy issues facing Solano County in prep~ring the master plan, members of the Board of Supervisors expressed great satisfaction with the recommendations made. Many commented that although they had been aware of th~ issues before, this was the first time they had been presented comprehensively with recommended solutions. ] have every reason to believe that Solano County's master plan will be a working plan and will serve this County for some time to come. I highly recommend The Institute for Law and Policy Planning and The Design Partnership for similar projects. S~relY, r~f. »tW Paul E. McIntosh -Capital Projects Manager Solano County .....,. ...,,:< '-' 'W!I SHASTA COUNTY ADMINISTRATNE OFFICE JOHN Wm. McCAMMAN COUNTY ADMJNISTRATIVE OFFICER 1815 YUBA STREET, SUITE 2 REDDING, CALIFORNIA 96001 VOICE - (916) 225-5561 (NORTH STATE) - (800) 479-8009 FAX - (916) 225-5189 December 22, 1994 Mr. Alan Kalmanoff Executive Director INSTITUTE FOR LAW & POLICY PLANNING P. O. Box 5137 Berkeley, CA 94705 Subject: Shasta County Capital Improvement and ADA Transition Plan Dear Kal: I want to thank you and your staff for your excellent work in preparing the Capital Improvement and ADA Transition Plan for Shasta County. It is detailed, thorough, and complete. It will serve the County as a valuable guidepost for many· years as we implement your recommendations. I am hopeful that we can conduct the criminal justice system assessment and the financial implementation plan in a timely manner so that we can continue with this momentum. We appreciate your dedication and professionalism at every level of your organization. Thanks again for providing excellent service and a superior product. .., Sincerély, ~~t(~ John Wm. McCamman County Administrative Officer County of Shasta / / / / / ! \ ". JWM/LB/cbr '-' .." '-' ..., ALAN KALMANOFF Executive Director, Institute for Law and Policy Planning Resume Ph.D., University of California, Berkeley, College of City and Regional Planning. M.S.W., University of California, Berkeley, School of Social Work. J.D., University of California, Berkeley, Boalt Hall School of Law. B.A, University of Wisconsin, Madison, Honors in Political Science. Executive Director, Institute for Law & Policy Planning, Berkeley, California. Founded national planning, research and policy nonprofit agency specializing in facility planning, organizational needs assessments corrections and criminal justice, and program evaluation. Created and implemented a facilities planning branch which has, in the past ten years, prepared comprehensive master plans involving recommendations for growth accommodation, building evaluation, renovation strategies, and governmental organization review in hundreds of counties nationwide and on retainer for the State of . California's Department of General Services. ,", Education 1972 1969 1967 1964 Experience 1 979-present .. , 1971-present Direct projects in criminal justice involving assessing systems, work with management and leaders, organize data analysis and recommend improvements for numerous of states and counties. PresidentlLead Trainer, California Planners, Berkeley, California. Founder of nationally recognized finn specializing in training in corrections. Thirty years of experience in working with large and small groups in law enforcement, jail management, correctional administration, and justice branches. He is currently a Special Master on the nation's largest prison lawsuit in California, working for the Federal Courts and is a consultant to the U.S. and California Departments of Justice. He has developed and led workshops and manuals in the following areas: Advanced Management Training/Team Building Sexual Harassment Small, Medium and Large Jail Management Media Relations Managing/Adapting to Change Planning New Jails Disability Access "j:'" Kalmanoff, p.l i , I I í i ! 1967-present 1998-2000 1967-present 1973-1996 1976-1979 1971-1973 1969-1970 '-' '" Attorney at Law. Background in criminal law and constitutional Issues. Court Appointed Federal Master. Attorney at Law. Background in criminal law and constitutional Issues. Faculty, University of California, Berkeley, Schools of Social Work, Criminology, and City and Regional Planning, and Law. Faculty, California State University at San Francisco, Departments of Sociology and Political Science. Police Department, Oakland, California. Executive Director, Oakland, California Lawyers' Committee for Civil Rights. Selected Consulting Engagements . 1983-present Planning Consultant. Directed the preparation of comprehensive master plans, long-range space use assessments and pre-architectural services for government agencies in many fields, statewide and locally. Evaluated of California's planning goals and policies and made recommendations for the Legislature. · California Auditor General · California Department of Justice · California Student Aid Commission · California Employment Development Department · California Department of Corrections · San Joaquin County, California · Shasta County, California · Placer County, California · Humboldt County, California · Solano County, California · Butte County, California · Kern County, California · San Diego, California Resume Kalmanoff, p.2 [1""'.-:< 1 98l-present .. ~. : f~ I I'· l.j r' , r l,; f' I,. 6 r r ¡ L 1 983-present [ f' L L [. f L 1 980-present L L ¡ ¡ . , . . r L. '-' ....." Criminal Justice Management Consultant. Assess system organization and responses and develop alternatives and recommended strategies for jail population management and planning in numerous city, county and state criminal justice systems nationally. Have led projects in over half of California's counties and 50 counties nationwide. Spartanburg County, South Carolina Summit County, Ohio · Kalamazoo County, Michigan Amador, Calaveras, and Tuolumne Counties, California · Hennepin County, Minnesota Douglas County, Nebraska · Montgomery County, Alabama · Jefferson County, Alabama · Salt Lake City, Utah · University of California at Davis, California Plumas County, California (Five contracts) Inyo County, California San Joaquin County, California City of Olympia, Washington Polk County, Florida HiIlsborough County, Florida Orange County, Florida Yakima County, Washington Humboldt County, California Palm Beach County, Florida San Diego County, California · San Francisco, City and County · Santa Clara County, California · Ventura County, California Caddo Parish, LA Department of Corrections, New Mexico · Department of Corrections, Arkansas Planning Consultant. Directed the preparation of comprehensive master plans, long-range space use assessments and pre-architectural services for government agencies of many fields, statewide and locally. Evaluated of California's planning goals and policies and made recommendations for the Legislature. City of Marina, California Plumas County, California California Department of Justice California Student Aid Commission California Auditor General California Employment Development Department California Department of Corrections Shasta County, California . Santa Cruz County, California Placer County, California Humboldt County, California . Solano County, California National Institute of Corrections Lead Trainer/Consultant Led various workshops on management, facilities and program planning, responding to jail overcrowding and community correcti ons. Violent Crime Task Force. Advanced Management Training National Jail and Prison Overcrowding Solutions Planning Evaluation for the National Academy of Corrections, NIC Information Center and Clearinghouse Jail Planning Training Seminars Resume Kalmanoff, p.3 '-' ...., . 1976-present Disability Law Consultant. Chaired (for 20 years) Board of Disability Rights, Education and Defense Fund, the agency involved in writing the Americans with Disabilities Act (ADA). 1977-1984 General Legal Consultant. Assessed, trained and evaluated elements of corrections under legal attack. Worked with various state, local and federal agencies to comply with consent decrees and court orders. Analyzed jails and prisons and their programs to provide alternatives to incarceration. Developed program monitoring curriculums, trained state and regional planning agencies' staff, and developed proposals in various corrections issues. 1975-1986 Law Enforcement Trainer/Consultant. Subjects included: field interrogation, interviewing and interrogalion skills, sexual assault, domestic violence, child abuse investigation, narcotics, and organized crime enforcement. Providing services for: Advanced in-service training for over 150 law enforcement agencies. National Institute of Law Enforcement and Criminal Justice (NILECJ) Numerous California counties . . U.s. Department of Justice 1976-1979 Director, Alameda County, California, Revenue Evaluations. Evaluated 300 community-based social programs over a three-year period. Sharing . servIce Selected Publications Criminal Justice: Enforcement and Administration, Boston, Massachusetts: Little, Brown & Co., 1976. "Double Trouble: The Alienation of Disabled Inmates," Corrections Todav, December 1982. Memberships and Honors California State Bar Association Alameda County Bar Association Police Management Association American Corrections Association American Jail Association California Community Colleges, lifetime teaching credential in Law, Public Services and Administration and Professional Education Resume Kalmanoff, p. 4 - -- - '- ...., PATRICIA MADSEN BRADLEY Facility Analyst Education 1975 B.A., Architecture, University of New Mexico Experience 1985 - present 1997 Senior Planner/Computer Analvst, Institute for Law and Policy Planning, Berkeley, California. Facility Planning and Alternative Strategies for Providing Adequate Jail Facilities in Salt Lake City, Utah. Criminal Justice System Analysis and Facilities Master Plan in Plumas CountY, California. Comprehensive Criminal Justice System & Facilities Analysis in San Joaquin, California. Space Utilization Study of San Quentin for the California Department of Corrections. Assessed efficiency of program and space layout in one of California's largest and oldest prisons. Recommended changes and plans to construct new administrative housing. Facility Planning Study for the California Student Aid Commission. Organizational diagnosis, policy analysis, pre- architectural programming, policy analysis, projections, and siting for report to California Legislature. Facilities Master Plan for Santa Cruz County, California. Twenty-year building plan for general government, human services, and public programs in a county with outdated and dispersed facilities in the wake of the 1989 earthquake. Facilities Master Plan for Placer County, California. Twenty- year plan for a rapidly growing and geographically diverse county encompassing Lake Tahoe area. Facilities Planning Review, State of California, Office of the Auditor General. An analysis of why the State's 1977 master plan had not been implemented, including review of location/consolidation issues, restoration of older buildings, public benefits and costs/benefits of leasing vs. constructing office buildings. Humboldt County, California, Facilities Master Plan. A comprehensive, data-based policy and space plan for twenty years for all county departments. 1996 1995 1992 1991 - 1992 1990 1989 - 1990 1988 - 1989 - California Department of Justice Facilities Master Plan, Institute for Làw and Policy Planning Patrica Madsen Bradley Resume· Page 1 , 1988 1987 1985 - 1987 1982 - 1987 1980 - 1982 1977 - 1980 1976 - 1977 "'- .J Sacramento, California. Planning for long-term growth of the large and highly specialized Division of Law Enforcement complex and site for uninterrupted expansion of all operations. Jail Needs Assessments and Feasibility Studies for Tehama, Placer, Nevada, Sutter and Butte Counties (California). Contributed to numerous facilities and planning studies for many counties in California. Twenty-year Facilities Master Plan for Solano County, California. A comprehensive, data-based policy and space plan for a t\:venty-year period for all 48 county departments. Assistant Producer, Tasting of Summer Produce. Unique project involving food and agriculture in California. Constructed and managed database files; directed funding and event coordination. Liaison with staff at Oakland Museum. Program Planner, Sibella Kraus and Associates, San Francisco. Data research for programming PLANS, a D-BASE III program for use in agricultural planning applications, Editor, The Owner Builder, published by the Owner Builder Center, Berkeley, California. Supervised production and . scheduling for quarterly publication. Responsibilities included managing Center staff, freelancers and volunteers. Interviewed and wrote articles. Also responsible for editing, budgeting and coordinating advertising sales, class schedules, printing and mailing. Trained staff and teachers on Apple and IBM computers. Proîect Analyst, California Coastal Conservancy, Oakland, California. Grant review and administration for the Access Grants Program, including inspecting sites, evaluating and rating project applications, and writing staff reports. Special projects included preparation of Design Guidelines for Coastal Access, including research, writing, graphics, and editing. Assistant Planner, City of Arvada, Colorado. Prepared (for Planning Commission review) reports on zoning changes, subdivisions, development plans, and annexation requests. Supervised map and statistic updates. Special projects included public information meetings, Comprehensive Plan updates, and an Industrial Area Study. Graphic Artist, Photo-Synthesis, Denver, Colorado. Designed graphics and special effects. Coordinated use of graphics, scripts and music in elaborate presentations. Patrica Madsen Bradley Resume· Page 2 Institute for Law and Policy Planning '-" ..", r" " DAVID VOORHIS Senior Corrections Consultant Qualifications Mr. Voorhis has been involved in law enforcement and corrections since 1959 as a top administrator, and a private consultant to government agencies since 1971. .., t.: Since 1977, Mr. Voorhis has served in the capacity of Senior Consultant to the Department of Justice and the National Institute of Corrections. He has been active in providing training and technical assistance to representatives of over 5,000 different city, county and state agencies, and has provided on-site technical assistance to over 200 county jails in the last 13 years under contract to NIC. [ Education MPA, Public Administration, Graduate School of Public Affairs, University of Colorado, 1981. c Certificate, Public Administration, Graduate School of Public Affairs, University of Colorado, 1976. r Employment Principal Owner. VoorhislRobertson Justice Services, Inc., Boulder, Colorado. Provides systems analysis and development, new facilities planning, document development, and management training services to criminal justice agencies at the local, state, and national levels. 1991 - present. ¡ l. [:. Assistant Sheriff, Boulder County Sheriffs Department, Boulder, Colorado. Third ranking officer of a county sheriffs department that maintains a staff of 250 employees and operates ajail of290 inmate capacity. 1987 - 1991. [, President and Sole Owner of Voorhis Associates, Inc., Lafayette, Colorado. V AI was a nationally recognized Colorado based consulting firm providing criminal justice planning services to agencies in every state, except Hawaii. 1978 - 1986. L Consultant. National Institute of Corrections, Boulder Colorado. Provides technical assistance, management training, operational practices, staffmg analysis, facility planning, facility design, construction management and project management to county and state level correctional facilities. 1977 - present. l~ 'f r f L Chief of Police. City of Boulder Police Department, Boulder. Directed the activities of a 132 person department, and administered the department's budget. 1976.- 1978. í L Undersheriff. Boulder County Sheriff's Department. Responsibilities included administering the budget and overseeing the operations of patrol, detectives and jail divisions. 1971-1976. r , I l, Lieutenant. of Detectives, City of Boulder Police Department, Boulder, Colorado. Began as a patrol officer and was elevated to Lieutenant of Detective. 1962-1970. Inslitute for Law and Policy Planning David Voorhis Resume' Page 1 ". '-' ¡, Relevant Experience Relevant Papers .., Greene County, MO: Criminal Justice System Assessment Snohomish County, W A: Criminal Justice Cost Efticiency Study Spartanburg County, SC: Needs Assessment Study for Development of a Criminal Justice Automated Information System Summit County, OH: Complete Justice System Assessment Kalamazoo County, MI: Complete Justice System Assessment Jefferson County, AL: Complete Justice System Assessment Hennepin County, MN: Criminal Justice System Assessment Allegheny County, PA: Pre-Architectural Program, Data Analysis, Design Assistance and Program Management Dutchess County, NY: PrecArchitectural Program, Data Analysis, Design Assistance and Program Management Josephine County, OR: Data Collection, Systems Analysis and Corrections Master Plan Dodge County, NE: Data Collection, Systems Analysis and Corrections Master Plan Summit County, CO: Data Collection, Systems Analysis and Corrections Master Plan and Design Review Ottawa County, MI: Data Collection, Systems Analysis and Corrections Master Plan Coconino County, AZ: Data Collection, Systems Analysis and Corrections Master Plan Fremont County, CO: Data Collection, Systems Analysis and Corrections Master Plan Terrebonne Parish, LA: Data Collection, Systems Analysis and Corrections Master Plan and Design Review Oswego County, NY: Data Collection, Systems Analysis and Corrections Master Plan Hampden County, MA: Data Collection, Systems Analysis and Corrections Master Plan Boulder County, CO: Data Collection, Systems Analysis, Corrections Master Plan, Project Management of 289 bed jail Wyandotte County, KS: Operational Study, Correction Master Plan, Staffing Analysis, Systems Analysis, Consolidation of City Jail Sedgwick County, KS: Consolidation of all Public Safety Agencies into one building "Change in the Closed System of County. Jails," presented to County and Corrections Training Seminar, Boulder, Colorado, April 29, 1979. "Action Planning: A Problem Solving Technique," presented to Planning Opening New Institutions Seminar. National Institute of Corrections, Boulder, Colorado, December 13, 1979. Relevant Publications "The Impact of Pay and Job Security on Organizational Climate," Journal of Police Science and Administration, Vol. 7, No.3, September, 1979. Institute for Law and Policy Planning David Voorhis Resume· Page 2 '- ....,.¡ ,- MICHAEL McNAMARA Architectural and Planning Consultant r' Education p L 1974 1969 M.A., University of California, Los Angeles: Architecture and Urban Planning B.Arch., North Carolina State University, Raleigh, North Carolina: Architecture f" , i l.. Education 1988 - present Tenured Professor of Architecture. College of Architecture and Design, Kansas State University, Manhattan, Kansas. L 1988 - present Architectural and Planning Consultant. Provide technical and planning services at every stage of the process: deciding to build/expand, pre- design, programming and design. Professional experience includes the following examples: California Department of Justice, Division of Law Enforcement Expansion Master Plan Developed alternative architectural and project cost scenarios to expand 390,000 gsf facility with 1,400 staff and $70 million in state-of-the-art computer systems. National Institute of Corrections, U.S. Department of Justice Technical Assistance Projects. Short-term projects included Bath, Maine (1988) and Crestview, Florida (1989) facilities. Chief Planner/Architect. Institute for Law and Policy Planning, Berkeley, California. r ~.,¡ l l L [ r \;.;i- [ L 1981 - present County Corrections Needs Assessments: f L · Humboldt County, California · Kings County, California · Merced County, California: 1981, 1983 .. Monterey County, California · Nevada County, California · Orange County, Florida · Placer County, California: 198 1,1983 · San Francisco City and County, California · San Joaquin County, California · San Mateo County, California · Sutter County, California · Ventura County, California, Adult · Ventura County, California, Juvenile · Yuba County, California [ [ i L McNamara, p. 1 f Resume 1986-1988 1985 - 1987 '-' ..."" Master Planning: o California Auditor General's Study of the State's Office Space Policies, Plans and Implementation o Caddo Parish, Louisiana, Facilities Master Plan Program o California Department of Justice, Division of Law Enforcement (Broadway) Facility Master Plan o California Student Aid Commission o Humboldt County, California, Facilities Master Plan o Ventura County, California, Corrections Adult Master Plan o Ventura County, California, Juvenile Justice Master Plan Prearchitectural Programming and Design: o California Student Aid Commission Facility Study (pre-design for a $20-30 million building) o Caddo Parish, Louisiana, Prearchitectural Program o Placer County, California, Main Jail and Arraignment Court (in association with the Ehrenkrantz Group) Associate, The Design Partnership, San Francisco, California. o Design Proiect Manager, Elmwood Correctional Facility, Santa Clara County. Elmwood was a 3,000-bed project which included 15 buildings and site work for a construction cost of $90.8 million. Roles included concept design, site design, management of three building design teams, coordination with associate architects and engineer, and principal client liaison. o Designer/Planner, California State Prison for Women. Worked on inmate support buildings including dining, visiting, programs and 40-bed infirmary for $25 million construction cost. o Designer/Senior Planner, West County Justice Center, Contra Costa County, California. Created schematic design of intake housing and contact visiting, including general design review. This project won an AlAi ACA national award for design excellence. o Programmer/Designer, Elmwood Correctional Facility Master Plan. Developed prearchitectural program for this 640,000 gsf campus style detention facility. Programs for some building types were modeled or tested with concept designs. Prepared phasing plans and demolition plans as part of site design. This project won an AW ACA national award for design excellence. o Architectural Programmer, Lane County Adult Detention Facility Expansion. Led architectural programming and design review. Technical Assistance Consultant, National Institute of Corrections, Jail Center. Planning, programming and design review of three separate projects. Resume McNamara, p. 2 ~ ...., . 1984 - 1986 Coordinating Architect. Justice Planning and Architecture, The Ehrenkrantz Group, San Francisco. Siskiyou County Jail: architectural program and site analysis, including programming and conceptual design. · Mann County Corrections Master Plan: for 400-bed detention facility, including programming, site analysis, and conceptual design. · Sonoma County Detention Facility: 390-bed pretrial facility, including concept design and coordination of booking and housing areas. · Northern California Women's Facility: a 400-bed prison in Sto.ckton, California. Responsibilities included site planning and concept design. Served as project manager for NCWF housing construction documents. 1984-1985 · Siskiyou County Jail: a 66-bed detention facility located in Yreka, California. Served as Project Manager and was responsible for schematic design and design development. Consultant on facility evaluation for the National Institute of Corrections, Jail Center. Evaluated old and new jails for an overcrowding initiative and re-use project in Lane County, Oregon. 1980 - 1985 Faculty Member, San Francisco Academy of Art, San Francisco, California. 1980 Assistant Director, Institute for Law and Policy Planning. Directed major team in providing technical assistance to the Arkansas Department of Correction for three program and facility plans; MC sponsored. 1979 - 1980 Architect Planner, Richard Smith Associates, Oakland, California. Conducted residential land development analysis in Southern California and community participation and land use planning for a general plan amendment in Mann County, California. 1978 Facilities Planner, Institute for Law and Policy Planning, Oakland, California. Projects included an evaluation of alternatives to incarceration ~- and facilities planning for the California Legislature's Study of Correctional Needs (California State Prison System). Developed remodeling plans for four state prisons. 1976 - 1977 1975 - 1976 Architectural Designer, Urban Innovations Group, Los Angeles. Senior Housing Planner, Watts Labor Community Action Committee, Los Angeles. 1975 Planning Consultant National Legal Aid and Defender Association, Washington, D.C., Western Center onLaw and Poverty, Los Angeles. McNamara, p. 3 Resume '-' ..., 1974 Teaching Assistant. Human Behavior in Environmental Design, U.CL.A Extension, Los Angeles. 1972 -1974 Architectural Designer/Planner, Urban Innovations Group, Los Angeles. 1972 Administrative Analvst, University Policies Commission, U.CL.A., Los Angeles. 1970 - 1972 Research Assistant, Dr. Peter Marcuse, School of Architecture and Urban Planning, University of California, Los Angeles. 1972 Architect, Dr. Robert Fellows Residence, Chapel Hill, North Carolina. 1970 - 1972 Housing Designer/Planner, COIDIDllnity Development Group, Raleigh, North Carolina. 1969 -1970 Architectural Designer, Burkhardt Architekten, Basel, Switzerland. Honors 1992 Awarded Tenure, College of Architecture and Design, Kansas State University. 1988-1992 Associate Professor, College of Architecture and Design, Kansas State University. 1972 ~ 1973 Department of Housing and Urban Development, Urban Studies Fellow, U.CL.A. 1972 Special Commendation, Progressive Architecture Design Awards, January. 1970 - present Registered Architect, State of California. McNamara, p. 4 Resume '-' ,." r' DAVID MOULTON Senior Analyst r-' L Qualifications Dr. Moulton has directed the statistical analyses elements of ILPP's work since 1987. Dr. Moulton has 4eveloped a population forecasting model and calculated the costs and savings ofILPP's crirnínaljustice action plans for its projects. r' L Dr. Moulton specializes in analyzing the way in which population, both in and outside the jail, affects the County budget. His analyses enable counties to project the long-teITI1 outcome of current practices ITom a financial standpoint. I' l r' L. Education r t., 1964 1958 Post-doctoral Associate, University of California, Berkeley, Department of Economics: Urban Economics, Public Finance, and Public Policy. Ph.D., Harvard University, Physical Chemistry. A.B., Princeton University, Summa Cum Laude, Phi Beta Kappa. 1971 - 1973 Experience [ 1987 - Present Senior Economic Analyst and Criminal Justice Planner, Institute for Law and Policy Planning. Work includes inmate population and fiscal projections, projected court filing and judicial needs, caseload analyses, future space needs for jails, security and classification analyses, and economic analyses of construction options. Previous projects include: [ [ Florida State University, Pretrial Detention and Release Study. Prepared a review of pretrial detention and release, and the security classification level of pretrial inmates in selected Florida county jails. L Orange County, Florida, System-Wide Assessment of Criminal Justice Needs. Analyzed fiscal impact of criminal justice system on county budget. Evaluated criminal justice information system. Forecast future bed space needs. L f L Polk County, Florida, Jail Population Study. Evaluated jail crowding problems and provided projections for future inmate population growth and rate. Forecast future impact of population on existing facilities. f . L ! ' L Palm Beach County, Florida. Broad-scale investigation of all components of the criminal justice system in a large and growing county with a high degree of state, county and municipal agency presence. , , i L. Space Utilization Study, San Quentin State Prison, California. Managed study to evaluate space usage in seismically unsound building. Economic analysis of various construction options in a complex, maximum security setting. '6 Institute for Law and Policy Planning David Moulton Resume· Page 1 '-' """" Facilities Master Plan for Santa Cruz County, California. Twenty- year building plan for general government, human services, and public programs in a county with outdated and dispersed facilities in the wake ofthe 1989 earthquake. Facilities Master Plan for Placer County, California. Twenty-year plan for a fast growing and geographically diverse county with most of its facilities in inflexibly configured Wodd War II "temporary" hospital buildings. Facilities Planning Review for the State of California, Office of the Auditor General. An examination of why the State's 1977 master plan had not been implemented, including review of consolidation/location issues, restoration of older buildings, public benefit and costslbenefitsof leasing vs. building office space in California's capitaL Jail Population Management and Facilities Plan, San Joaquin, California. Evaluated jail crowding problems in a rapidly growing county. Projected growth and forecast future impact of population on existing facilities. Facility Planning Study for the California Student Aid Commission. Organizational diagnosis, policy analysis, staff and services need projections, siting and report to California Legislature. Analysis of financing methods for a $25 million construction project. Jail Population Management Plan for the City and County of San Francisco, California. System-wide study of the causes and solutions to jail overcrowding, leading to a population management plan submitted to the courts to lift a consent decree. Humboldt County Facilities Master Plan. Fifteen year plan for all county facilities, including study of court security and reorganization, temporary rehabilitation and ultimate conversion of jail. California Department of Justice, 4949 Broadway Facilities Master Plan, Sacramento, California. Planning for long-term growth of large and highly specialized Division of Law Enforcement building and site plan for expansion with uninterrupted maintenance of all operations. Development of automated database and projection of staff and space needs. Examination of growth rate differentials. Development and analysis of survey methodology. Solano County, California, Facilities Master Plan. Coordinated planning research and projections on the County's General Plan, involving space planning for 48 departments, automated space management database, and projected fiscal impact. Institute for Law and Policy Planning David Moulton Resume' Page 2 r-" l , r~ i I ~ ." ¡;'-~ l l [' h, [ [ r l [ f' l [ L r- L f L" "- ...: ...... ...., . 1987 - present Data Analyst Institute for Law and Po lie v Planning_ Forecast population projections for jail pla=ing studies in Nevada, Sutter, Butte, Stanislaus, Placer and San Mateo Counties, California; Leon County, Florida; Caddo Parish, Louisiana, and munerous other jurisdictions. 1987 - 1992 Automated Systems Manager, Institute for Law and Policy Pla=ing. Selection and installation of computer systems, spreadsheet development, preparation of automated accounting, and financial management systems. 1976 - 1979 ResearcherlProgram Developer, ASIAN Inc.: Research and Evaluation. Duties included preparation of funding proposals for a variety of minority business development programs, evaluation of bilingual educational programs and teaching materials, demographic studies on the socioeconomic status of Asian Americans, analysis of publicly-funded programs for alcohol abusers and the developmentally disabled with regard to the adequacy of service provision. 1973 Researcher, Environmental Defense Fund. Studied feasibility, cost/benefit, and impact of proposed light rail system in the Los Angeles area. Memberships and Activities 1985 - 1988 Board of Directors and Treasurer, Parents for Immersion Education, San Francisco, California. Incorporation, tax-exemption and financial management of a community-based educational corporation. 1980 - 1983 Board of Directors, Northeast Community Federal Credit Union, San Francisco, California. Management of a federally-chartered [mancial institution. 1974 - 1976 VISTA Volunteer, ASIAN, Inc. Studies of employment discrimination among Asian Americans. Program development for a large number of community nonprofit agencies, including organization, startup funding, and initial staffing. Minority small business development consultant. Selected Publications Co-author with S.c. Armstrong, "Policy Considerations in the Privatization of Local Detention Facilities," (published as part of a book on privatization of services, Fall 1993 ). A note on the determination of dates associated with range maxima in "Absolute Reference," Lotus 1-2-3 Journal, May, 1987. Institute for Law and Policy Planning David Moulton Resume' Page 3 '-' . ~ TRANT 00 Information System Specialist Qualifications Mr. 00 has developed programs, statistical analyses, demographic studies, and data systems assessments in ILPP's work over the past six years, and is a lead developer for a new internet-based model for criminal justice data integration. He is an expert programmer and provides training and technical support to ILPP's research staff. Employment Information System Specialist at the Institute for Law & Policy Planning. Recent Experience Research Fund of Contra Costa County, Analyst. Mr. 00 directed the quantitative analysis elements of the following recent proj ects: Sedgwick County, KS: Jail Population/Criminal Justice System Study Greene County, MO: Criminal Justice System Assessment Snohomish County, W A: Opportunities for Improving Cost- Effectiveness in Snohomish County's Criminal Justice System Spartanburg County, SC: Needs Assessment for a Criminal Justice Automated Information System Summit County, OH: Systems-Based Strategic Plan for the Summit County Justice System Hennepin County, M:1'r: Technical Support for Management of County Information Studies, and Court Case Management Studies Kalamazoo County, MI: Complete Justice System Assessment, including adult, juvenile and civil as well as information system assessment. Jefferson County, AL: Complete Justice System Assessment, including information system, study of facilities, adult and juvenile Hennepin County, M:1'r: Jail Crowding Study Douglas County, NE: Criminal Justice System Assessment Montgomery County, AL: Comprehensive Operational & Financial Analysis of juvenile justice, courts and adult system Robert Wood Johnson Foundation: Grant Study ofTB and Jail Medical Systems in Several Jails, and Population Analysis Salt Lake City, UT: Alternative Strategies for Providing Adequate Jail Facilities Plumas County, CA: Facility Needs Assessment and Master Plan, and Courts Planning Plumas County, CA: Criminal Justice System Analysis and Master Plan Than! 00 Resume' Page I Institute for Law and Policy Planning . . Education "-' ...., San Joaquin County, CA: Comprehensive Criminal Justice System & Facilities Analysis, and modeling for projections Hillsborough County, FL: Comprehensive Criminal Justice System & Facilities Analysis Orange County, FL System-Wide Assessment of Criminal Justice Needs BS, Molecular Biology, University of California, Berkeley, 1994 Thant 00 Resume· Page 2 Institute for Law and Policy Planning ..', i." \. ;~ t ,.,.¡ ,.~ ,..,~ ¡ ...¡12:0·J1.M¿)....~.:...~/05 PG 001 .' , '!L~}1",!, ;·\ï . ¡ i1f11\I;l~ ' ¡!~¡~&~i~ ¡ i ¡ ~ The following changes, additions, clarifications, aM 4~I~fiÞffs;~mend the Bid Documehts of the above captioned Projeft, and shall become an intrgr~1 pa,~¡¡~f tpe Co'ntract Documents. Please note the contents herem and affix same to the doc,~mrnlN'~!~¡3Ve on hand. Indicate on the Bid Form that this Addendum has been received. .. ,.....~f: 9J;:\¡ ··.·.J..·...illi.'....~· 1.'.·..'.· :.~.!! ti....¡.' ,·J¡1Q'::·',j\;' :'1, ADDITION: ·ìj~d;¡; li~ !......... .\;ilt1i iü,,~ iii, '.,:-' ;-r~r., ~.~,~ t\". ~ Under 2-1.1 General Requirements, Page 9, the following~'f!tq:u~ement shall be added: .' ,1:':[. ';:, ~ <¥ 2-1.1.20 The study shall provide staffing needs a~lrsi~!.fdfb~rent and future Jail space ne~ds. ,I, -, '..' ,,.t ~ ;, 1;, ~ ii~.! ; n; '>~. ;~: Please sign and return by mail or fax to (772) 46f~~:1~~(l~:; ,,:, :¡t: 'r,' r:, q NAME OF FlR~:\ '~~-\-e ~ ~~ o-V'ð ?O\\Cj . .',i 0 /. . ~..-/." Plo..V"k'\\^:] SIGNATURE:. .'~ I.~ . "1 II. "'~1-.þjH é"')-ool..j '\~n ;~; ~I ~, ~f To: Alan Kalmanoff ~ Fm:Onvia.com Inc . ',1 .1 ;i{, . BOARD OF COUNTY CO:MMISSIONERS J ~i 1 :f .,/.. filia' " .... .j~. i~V ~I ADDENDUM #1 :M!~Ji¡J l:;t~ j ~;íf¡ RFP #OSGb7;.~ 1fIU.I!: I~ , 1~L, r SPACE NEEDSS:~~lt!JI ¡;"~i; ,il " .;{ 'I . I I , 'If :iq r I I:, l i , '" June 22, 2005 To: All Prospective Bidders: ;,:~ {~ :iJ: .~ ,".;' ,1:-;(,:. l_,",:; ~.~. t ,'. " ; j . I-~j ... (i" " . r . :-:~ ,'~ .-....., , ~~- DATE:. ~ Ii' .~,: ·;i:.i ,'f !; :,~", ] .;;, ,. ":, ¡ ,: x W *~~ i -n- . , :'~', Page 1 ~f.1 ADDENDUM #1 . BID #05·070 SPACE NEEDS STUDY """" 1 . f i I ¡ j: ! I' I !. PURCHASING DEPARTMENT EDW ARb P AAKER DIRECTOR Ij~ ,{~ ~~ i'. . < JDSEPHE. &MITH. Di,.1rid No. 1 -DOl1G COWARD,Di.1.irÜ:tNo. 1. . PAl1W\..~ LEWIS. Dilrtrit,;tNo. J . F.R..ANNJE1Il1TCHINSON,DÎøirît,;tNo..4- . CHR.IS CRAPT. DisbÚ;tNo. 5 COUNTY ADM1NISTRATOR . DOum.-'.." IlL ANDE&::;QN l30Q Vir-s:inia......"'cnut . Fort Piacc., PI.. 3498]'-,':;652 .. (772)-.462-1700 ~ '~A..X l77:l) 462-1294 - - .... f1 -'fJ "~ 1J f~~,~. ~'1' 't 1"~ ~ :3 ~.~- ; i~~' lirt·· ;f" I' ~cr. I ~:¡f~¡: j.1¡ . :;,~ , ";~.( ,,·c., 1 J !:,!jl' ,'.-;,_. 'j: 1':L:iI fl1¡: ~ A#, , ',~, t;~i,!~ . 'I:01wia,cOIlnc To: Alan Kall1ano""'1510B413710) . BOARD OF COUNTY COl\1MISSIONERS I I I I' ì·, July 5, 2005 13:-':7/06/05 ESTPg 1- .. . ¡:. .'+' ". "> , . 1 t.1 ! ~ PURCHASING DEPARTMENT EDWARD P ARlŒR DIREÇTOR ¡ '. 'Õ-' I., ~ ~ To: All Prospective Bidders: ., The following changes, additions, clarifications,'ð~'ctJliI~ib!~s amend the Bid Documents of the , ,r'"I' -t-':- ;',: ! above captioned Project, and ~hall become an ~,.,t~9rlw~~~tff the Contract Documents. . Please note the conten~s herem and affix same.tòf~~i?!tP~entsyC?u have on hand. Indicate onthe Bid Form that this Addendum has beenf!r£1fW~9fh~ .,'.. 1,1 _,~,t' ;-.--';;,~",,'¡H:,,-,.t¡,'~ !. ~n ;.: ,) ,.:';1,: ~:_:.:\~l; ,:r-;l i: :IF;'- CHANGE:.t,~L!ìi.'.Ü,',~ i ~>.!," ~- \~ ',' ." ::~~~ i~i~:J -~~ The following is changed to read: " ", '. J,," '!,,_ , ·r· . I~;:_: :' ; ~ __ ; ',"~ : Once aWard'~d~K~f,;'~n.~;~,.,r~ct, the Ve.nd.or must complete and present the result~{~~~1îcounty wlthm 160 days. Not 90 days. ",:;:; . 'II," )i. " 'l, ~+. Please sign and return by mail or fax to (772) 46~:;; 2~jl t', . ' . ¡ Page 9, Section, 2-1.1.3 ADDENDUM #2 - BID #05-070 SPACE '~EEDS STUDY NAME OF FIR~: -\t~.-GY\-AI.() ~fb\\~ ?\D..y,\1\~ SIGNATURE: .~. ~ . 'I . P':;; ~: "" :. '1; DATE: "'fè{j;:. M;( ';;'~ ·,~V' ... :j' i\'~ Page 1 of 1 .,'1 .. " ,_ to 1_':1 .¡~ , i ¡ ~ JOSEPH E.. SMITIi. Dir;tdd NO.1· DOPO COWARD.D~irid Nb.':' . P.AtlLA."---. LEWIS. Di,¡trictNo_ 3 . PRAN'þ(Œ HUTÇHINSQN, DL;b·Î\;tNo. 4 . tj{}US CRAFT, Disuid NCJ. 5 COUNTY.WM1N!STRATOR -DoUGL.-I.S M.ANDERSoN ! t ..-- - - ~ il,.: ,) . .1Î:~\iq't~4~/0~ PG '001 I. :¡r;j¡~¡~i¡ .' ¡ """'" ~ To: Alan KalmanoH Fm:Onvia.com Inc ; BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED WARD P AR1ŒR DIRECTOR I f .. ~,'i t . I ! h , ì j " . " ¡~.'. < ".. ,-'. : ~ i, : ~ . I . - . ..,. 'c,' 1 - . :.: ; . . ···}H¡',. ¡ C ·1'" ~íi' .1· ; 1:"-' :_.¡ :ji~ w'~ -~ ~'i . .,. ..; ....j, ".'if ¡ ~i .~ ~.'i:: ~j¡' if~ t !!.P . - ';,':'(I~ ~.'~ .~ '''';!~ ADDE~DU.i~¡w.rJ ~ i~ . .. ?:'1~lt !~ ¡ ~j RFP ~~~~I... ¡ ~.',.I ~ï '''' ·.11, II'"~ II SPACE NE.E[)S~1rt!mt .' ':: 'j ¡ r . I. i" I " , ¡ j , . i i I i ' '. July 7, 2005 I'"~ J:Ï To: All Prospective Bidders: '. . '..~' ~ïf ' The following changes, additions, clarìfication~"'~~fI;'~~;~i~;S ámend the Bid Documents ofthe above captioned Project, and shall become anint~gr.~Jlèªtt\\'òf the Contract Documents. Please note the contents herein and affix same;\0jth~~99fHlJ1ent?you have on hand. Indicate on the Bid Form that this Addendum has beenr¡:~[i~t1~i~ n~ .. "!',II .:,." ',,. QUESTIONS/ANSWERS:' ·i· " Q1. A1. Q2. A2. -,,-, :,. Pa~.e 8 of the RFP, Article -"1 - 17 Fea~}þi ,¡Ây:.,~ty~iñf st~t~sthat !he County has a poll~y whe~eby a consultant. used as an adY'sq¡;.fpn~y .capltal project CANNOT participate In any future design work on that Pl1oJeçLji1s It correct to assume that the selected firm for this project will NOT b~. abl~ tq' pursue an NE role in any projects considered within the Space Needs Study? .~; . i.; ¡ . . Yes, that is correct.:: ,,·,H;j¡ff F ' ! , - '. Ã;i¡j '-~.:~ ';:~:~'~ . Assuming that the County has had other forméiIQu~~tion~ from other potentially interested consultants related to this RFP, cou.ld yauplease share with thosefirrns who expressed interest in the RFP both the consultant's questions and County's answers. I have checked DemandStar and there doe$n'tit,ppe'ar to be any information related to this matter.' "·r . As questions or the need for clarifications lire ,received, they are answered in the form of an addendum. Presently there ~reFYI{fJJ2) ad~enda on the DemandStar site. . .\> ,., i", i . Page 1 of 2 ADDENDUM #3 - BID #05-070 SPACE NEEDS STUDY t ,1 ¡~~ . ! i't ;,;l# 'il .' r;;i J¡ . JOSEPHE. 3MIl1L'DiiÕtrictNo.l·DouaçOWARD,DistridNo.': . PAULA."'" LEWlS.Dib'bÜ:tNQ. J ~.~HtrTClllNSQN.DÍi.i 'idNri. -4 . CHRIS CRAFT, Disbic.;tN( , 5 COLT1'ITY ADMJNISTRAToR - DoUOL..-....S hl ANDERSON - 23DO Virgiuia..'\vanu_ . Fo 'tÞi~f[c.. PI.. 34982-,':;652 . Ç172)-':6.:-,-17;o,o. ,_,0 :~A.X (in) ","óJd194 - - ~ To: Alan ll::,~íj}diAq~/o~ÞG k02 '" . i~"'· ,!..; ¡ ',. " :\'t¡;:!, ~¡;¡.. ~;r·: ! ¡ if ¡!~'iWfl~ ,; . '!i~iJ¡;ñ:: I .. Q3. The RFP identifies "Compensation" as 9 sel'e;~~4~erioT' Marth 25% of a firm 's total score). As an Architect (and not a lawyer).iqi~!;\!i¥~d¿r~tariding that Florida State Statute Chapter 287 states that "Com pensatiøm¡ Gahl!ìotl b~ used as a criterion from which to select professional design and platin!ñg~49~ul~ants:for Public Sector work. Can you pleas: respond to that issue I conq~~?i: í:~ ¡ ¡ I A3. The proposal IS open to firms who are:~g~m' f, J. ¡ j ; '~¡'- . I j , ',.':' 'I ~ U ¡ . ,:¡ :'Itll i Please signand return by mail or fax to (772) ~~l~tj:, ~ ,..,.., ./'. . . .#!,~, ' ·,r,· I,~ ·1, . .-,-< ',' . ~·¡~i -~ ¡' "k'li· ~'.. '. '. . NAME OF FIR.I\1;¡.' I,:" :, , , ..", ! \~M U&J.? : _ L r, j) _ SIGNATURE: i'Mó~ ,~ : ',1' \ i\~f, ,-¡,:'Ml¡ '~,' j~ - - i, t ':/-- =t"::Jl:Þ~ .' )1.' Kalmanoff ..... Fm:Onvia.com Inc , , ~ j ! i ¡ t7\V'd.. PO)\.C P kUW1I r1j DATE: ~! .n;· ·t·, ., ~. " 'L'.j '¡ ., ';, ." , i i;~ Page 2 of 2 ; ~ ¡ .,', ADDE~JDUM #3 - BID #05-070 SPACE NEEDS STUDY .;" : :,; JOSEPHE. SMTnI., Di,,1rid No. 1 "DOUGCOWARD,DL.1:rictNo.:' ·PAULA.o\.. LEWIS. Ditõ1ridNo, J ._:~m.1T~SON,Dio.i1-¡dN[).4 . t1-tR.lS CRAFT,Dî.sbÙ;tNfJ..5 CalJ}.'ìY ADMlNISTR.A.TOR - DOnGLl\.5 ~:AND:ERSQN 2300 Vir~iuia._'vcnue . Fort Pierce. PL 3.4-9S2-.:;6:52 . (772)-4'è:Z-1700 . ~AX (772) .462-1294 10/10/05 FZABWARR FUND 001 001165 001166 001168 001294 001295 001814 101 101001 101105 101106 102 102001 105 107 107001 107002 107003 107006 1ll ll2 120 122 126 J 140001 140128 140322 140327 160 183 183001 183004 183006 185006 31.0003 31.5 316 37004 39009 401 41.8 421 441 449 451 461 '-" ST. LUCIE COUNTY - BOARD WARRANT LIST #54- 01-0CT-2005 TO 05-0CT-2005 FUND SUMMARY TITLE General Fund CSBG Grant FY05 Section 112/MPO/FHWA/Planning 05 Urban Mobile Irrigation Lab 04/05 FDCA/EMPA 2005 FDCA/Haz Mat FY'05 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust Interlocals FDOT-Hurricane Jeanne-Damage Cty Rd 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-E91l Surchar Fine i Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Palm Grove Fund Port & Airport Fund Port Fund Industrial Park West-EDA Industrial Park West Development FDOT Access Roads Ph.2 A/P IPW Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY05/06 Impact Fees-Public Buildings County Building Fund County Capital Grey Twig Lane MSBU Sunland Gardens 2 MSBU Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund Sports Complex Fund EXPENSES 132,132.86 0.00 0.00 0.00 3,024.72 269.30 0.00 46,993.72 236.22 24,628.55 0.00 23,265.41 53,076.38 0.00 26,434.54 0.00 0.00 9.93 7,479.27 2,572.19 555.07 160.60 918.27 114.36 689.51 2,604.36 8.15 27,453.42 34,943.94 25,437.78 0.00 3,466.77 218.68 149.12 15.23 0.00 33,758.90 ll, 591. 87 10,717.33 6,027.55 7,534.96 33,992.30 1,351. 78 446.74 0.00 3,239.26 8,508.08 4,908.83 -wi PAGE PAYROLL 572,721. 41. 2,770.12 7,550.35 1,312.01 0.00 0.00 1,312.01 132,622.19 0.00 0.00 42.78 58,349.41 5,614.87 1,639.20 106,291. 46 960.54 2,265.15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12,406.37 0.00 0.00 0.00 0.00 2,995.20 1,171. 85 0.00 3,049.23 0.00 1,778.19 0.00 0.00 0.00 0.00 0.00 59,054.47 21.,811.69 253.92 5,175.52 0.00 2,640.06 12,376.24 1 '-" ..., 10/10/05 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #54- 01-0CT-2005 TO 05-0CT-2005 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 471 No County Utility District-Operatin 1,435.03 2,099.99 491 Building Code Fund 10.98 71,315.74 505 Health Insurance Fund 232.25 3,338.63 505001 Property/Casualty Insurance Fund 0.00 2,079.48 611 Tourist Development Trust-Adv Fund 2 , 312 . 31 3,926.97 625 Law Library 5,529.49 0.00 802 Utility Administration Fund 0.00 3,865.99 GRAND TOTAL: 548,456.01 1,102,791.04 ¡ 2 10/10/05 FZABWARR FUND 001 001156 001165 001166 001168 001814 101 101003 101106 102 102001 103 105 107 107001 107002 107003 111 112 113 114 115 116 117 .J 120 121 122 123 126 129 130 136 138 139 140 160 170 183 183004 185004 185005 185006 242 282 401 418 - .......... --- '-" ST. LUCIE COUNTY - BOARD WARRANT LIST # 1- 06-0CT-2005 TO 07-0CT-2005 FUND SUMMARY TITLE General Fund FTA USC Seeton 5307 Oper. Assist. CSBG Grant FY05 Section 112/MPO/FHWA/Planning 05 Urban Mobile Irrigation Lab 04/05 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/Local Option USDA (NRCS) Emergency Watershed Prt Unincorporated Services Fund Drainage Maintenance MSTU Law Enforcement MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine ~ Forfeiture Fund-800 Mhz Oper 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 Parks MSTU Fund SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court FHFA SHIP FY03/04 FHFA SHIP FY04/05 FHFA SHIP FY05/06 Port I&S Fund Environmental Land I&S Fund Sanitary Landfill Fund Golf Course Fund EXPENSES 811,124.68 45.67- 206.95 562.86 97.71 100.36 10,176.38 1. 64 3.21 15,642.53 9,302.66 7,697.65 119.16 183,504.89 2,017.09 10,500.68 44.70 144.82 32.34 14.25 27.43 32.86 31.28 9.70 34.58 44.60 10.87 6.79 50.56 16.81 9.01 11,897.98 4,283.42 78.30 8.61 39.16 930.72 221.60 1,675.41- 84.84 225.36 60,126.88 170.39- 299.59 1,148.38 5,980.90 20,806.14 3,153.71 "'wIll PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 597.81 0.00 0.00 0.00 0.00 0.00 1 ......--....................... ~~ - '-' ...., 10/10/05 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST # 1- 06-0CT-2005 TO 07-0CT-2005 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 421 H.E.W. Utilities Fund 18.48 0.00 441 North Hutchinson Island Utili ties 479.34 0.00 451 S. Hutchinson Utilities Fund 192.79 0.00 461 Sports Complex Fund 923.78 0.00 471 No County Utility District-Operatin 151. 42 0.00 491 Building Code Fund 5,119.86 0.00 505 Health Insurance Fund 136,476.80 0.00 505001 Property/Casualty Insurance Fund 155.16 0.00 611 Tourist Development Trust-Adv Fund 277.79 0.00 802 Utility Administration Fund 294.87 0.00 GRAND TOTAL. 1,303,053.46 597.81 .j 2 " 'w ..,.¡ AGENDA REQUEST ITEM NO.C2A DATE: October 11, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-380 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-381 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- 380 and Resolution No. 05-381 and authorize the Chairman to sign the Resolutions. [)(] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Douglas Anderson County Administrator COMMISSION ACTION: County Attorney: l/t);¡ Review and Approvals Management & Budget Purchasing: Originating Dept Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff.5/96 'w ...." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C,A. NO.: 05-1673 DATE: October 5, 2005 SUBJECT: Resolution No. 05-380 Extending the State of Emergency for Hurricane Frances; Resolution No. 05-381 Extending the State of Emergency for Hurricane Jeanne ************************************************************************** BACKGROUND: Attached are the following documents: 1. Draft Resolution No. 05-380 extending the state of emergency for Hurricane Frances until October 22, 2005 at 4:00 p.m. 2. Draft Resolution No. 05-381 extending the state of emergency for Hurricane Jeanne until October 23, 2005 at 7:00 a.m. . RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-380 and Resolution No. 05-381 as drafted. Daniel S. McInty County Attorne DSM/caf Attachments '-" ....., RESOLUTION NO. 05-380 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE FRANCES) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 1, 2004, at 4:00 p.m. due to Hurricane Frances. 3. The effect of Hurricane Frances has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until October 22, 2005 at 4:00 p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective October 15, 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 11th day of October, 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. 05-381 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE JEANNE) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 24, 2004, at 7:00 a.m. due to Hurricane Jeanne. 3. The effect of Hurricane Jeanne has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until October 23, 2005 at 7:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective October 16, 2005 at 7:00 a.m. After motion and second the vote on this resolution waS as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx XXX XXX XXX '-" ...., PASSED AND DULY ADOPTED this 11th day of October, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ) 'w' ...,.¡ AGENDA REQUEST ITEM NO. C2B DATE: Oct. 11, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: RECOMMENDATION CONCLUSION: COMMISSION ACTION: Resolution No. 05-378 - Changes to St. Lucie County Investment Policy See attached memorandum N/A Staff recommends that the Board adopt Resolution No. 05-378 as drafted. CE: [)(:j APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [X] County Attorney: Jð/ [X] Public Works Director.: [ ]Finance:(check for copy only, if applicable) - Dougla . Anderson County Administrator Review and Approvals ]Management & Budget: [ ]Purchasing: [X ] MSBU Coordinator [X ] Cou nty Engineer Effective 5/96 '-' ..., INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 05-1665 DATE: October 11, 2005 SUBJECT: Resolution No. 05-378 - Changes to St. Lucie County Investment Policy BACKGROUND: On September 26, 2995, the Board adopted Resolution No. 95-168, which adopted an investment policy as recommended by the Investment Subcommittee of the St. Lucie County Citizens Budget Review Committee. The Investment Policy was subsequently amended by Resolution No. 95-275, Resolution No. 97-190, Resolution No. 97-272 and Resolution No. 01-95. The Investment Policy was amended by the Investment Committee on September 21, 2005 as indicated on the attached copy. RECOMMEN DATION ¡CONCLUSION: Staff recommends that the Board adopt Re lution No. 05-378 as drafted. H: \Agenda Memo-DSM--] nvestPolicy. wpd '-" ""'" RESOLUTION NO. 05-378 A RESOLUTION AMENDING RESOLUTION NO. 01-95 WHICH AMENDED THE INVESTMENT POLICY FOR ST. LUCIE COUNTY, FLORIDA; BY FURTHER AMENDING THE INVESTMENT POLICY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 218.415, Florida Statutes, on or before October 1, 1995, counties that have custody of public funds in excess of the amounts needed to meet current expenses who elect to conduct investment activity themselves rather than depositing these funds in the Local Government Surplus Funds Trust fund for investment by the State Board of Administration, are required to conduct such investment activity in accordance with a written investment plan and an investment policy adopted by the Board of County Commissioners or in the alternative to invest in specified low-risk instruments. 2. On September 26, 1995, the Board adopted Resolution No. 95-168 which adopted an investment policy as recommended by the Investment Subcommittee of the St. Lucie County Citizens Budget Review Committee. 3. On December 6,1995, the Investment Committee recommended that the Board adopt certain amendments to the investment policy; and on January 2, 1996, the Board adopted Resolution No. 95-275 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 4. On December 3,1997, the Investment Committee recommended that the Board adopt certain amendments to the investment policy and on December 16, 1997, the Board adopted Resolution No. 97-190 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 5. On April 4, 2001, the Investment Committee recommended that the Board adopt certain amendments to the investment policy, and on April 24, 2001, the Board adopted Resolution 01-95 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 6. On September 21, 2005, the Investment Committee recommended that the Board adopt certain changes to the investment policy, which amendments are attached as Exhibit "Au. '-' 'WIll NOW. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County. Florida: 1. This Board does hereby adopt the amendments to the investment policy attached hereto and made a part hereof as Exhibit "A", pursuant to Section 218.415. Florida Statutes. 2. Except as amended herein, the remaining terms and conditions of Resolution No. 01-95, as amended, shall remain in full force and effect. 3. This resolution shall take effect on adoption. After motion and second, the vote on this resolution was as follows: Chairperson Frannie Hutchinson XXX Vice Chairman Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Joseph E. Smith XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this_ day of October, 2005 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney '-' ....J EXHIBIT "Au ST. LUCIE COUNTY INVESTMENT POLICY T ABLE OF CONTENTS I. SCOPE ................................... ................. .... ............. .................................. .......... .... ... ......... ..... .......1 II. INVESTMENT ..............................................................................................................................1 III. INVESTMENT PERFORMANCE AND REPORTING .;.....................................................1,2 IV. PRUDENCE AND ETHICAL STANDARDS ...........................................................................2 V. AUTHORIZED INVESTMENTS ..................................................................................... 2,3.4 VI. MATURITY AND LIQUIDITY REQUIREMENTS .......................................................,..4,5 VII. PORTFOLIO COMPOSITION ......................................................................................... 5,6,7 VIII. RISK AND DIVERSIFICATION .........................................................................................7,8 IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS ................................ 8 X. THIRD PARTY CUSTODIAL AGREEMENTS ...................................................................8,9 XI. MASTER REPURCHASE AGREEMENT ................................................................................. 9 XII. BID REQUIREMENTS ......................................................................................................... 9.10 XIII. INTERNAL CONTROLS ............................................................................................... 10,11.12 '-' ....., I. SCOPE This investment policy applies to all surplus funds held by or for the benefit of the St. Lucie County Board of County Commissioners, hereinafter referred to as the County. These policies were adopted using Sections 125.31 and 218.415, Florida Statutes. Bond proceeds may be further limited or expanded by their respective bond resolutions or covenants and shall not be considered to be in conflict with the Investment Policy. II, INVESTMENT OBJECTIVES The County shall strive to achieve with each investment opportunity, the following objectives, in ORDER OF PRIORITY: 1. SAFETY - The primary objective of the County's investment activities is the protection of investment capital. 2. LIQUIDITY - The County's investment strategy will provide sufficient liquidity such that cash flow requirements are met through the utilization of marketable securities with structured maturities. 3. INVESTMENT INCOME - In investing public funds, the County will strive to maximize the return on the portfolio but will minimize investment risk. III. INVESTMENT PERFORMANCE AND REPORTING A portfolio report shall be prepared each maRth Quarter by the Finance Director or designated staff member. and be provided to the Clerk of the Circuit Court and appropriate management staff. The report will also be made available to the Board of County Commissioners. The report shall include a breakdown of the portfolio as well as its overall performance and the current market pricing at month-end. A detailed analysis of the investment portfolio will be prepared by the Finance Director and presented to the Board of County Commissioners on a quarterly basis. The report shall include information relating to transactions, market values, performance and adherence to policy. The Clerk of Court is authorized to utilize an investment accounting service to obtain necessary information. The Board of County Commissioners will conduct an annual meeting to review the investment portfolio and evaluate the investment policy. Strucl( through words and passages are delered. Underlined words and passages are added. - 1 - '-' ..."" The Board of County Commissioners will appoint an Investment Committee that will serve in an advisory capacity and report to the Board of County Commissioners. Each Commissioner will select one af the fi'.'c Investment Committee members who will possess relevant financial experience. The Investment Committee will rely on the Clerk of the Court, Finance Director, and their staff for support. The Investment Committee and the Board of County Commissioners shall receive a copy of the portfolio pricing analysis prepared by the third party service and shall also receive copies of all transaction advices prepared by approved brokers. The Clerk of the Circuit Court shall be notified immediately upon exceptions from currently approved investment policies by the Finance Director. In the event of an emergency situation requiring noncompliance with policy guidelines. the Finance Director shall attempt to schedule a special committee meeting to discuss the proposed action. If a special committee meeting is not possible due to time constraints or scheduling problems, the Finance Director shall individually notify a minimum of three committee members to obtain approval of the proposed action. IV. PRUDENCE AND ETHICAL STANDARDS The "prudent person" standard shall be used in the management of the overall investment portfolio. The Finance Director, and other persons performing the investment function, shall act as a "prudent person" in accordance with these written policies and procedures, exercising due diligence and investing in investments authorized by law. The "prudent person" standard is herewith understood to mean the following: Investment shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. V. AUTHORIZED INVESTMENTS The Clerk of the Court acting through the Finance Director, or other designee of the Clerk's office, shall purchase or sell investment securities at prevailing market rates. with a preference to par bonds or those at a discount. Authorized instruments are as follows: Strl:lcl( threugh words and passages are delei:ed. Underlined words and passages are added. - 2 - '-' """" A. The Local Government Surplus Funds Trust Fund, the State Investment Pool administered by the State Board of Administration, also known as S.B.A. B. The Flsriaa CSI:mties IRvestmerÜ Trust Florida Local Government Investment Trust, also known as the F.C.I.T. F.L.G.I.T, administered by the Florida Association of Court Clerks and Comptrollers and the Florida Association of Counties. C. Negotiable direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States Government. Such securities will include, but not be limited to, the following: 1. Treasury Bills 2. Treasury Notes 3. Treasury Bonds D. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by United States agencies provided such obligations are backed by the full faith and credit of the United States Government. Such securities will include, but not be limited to, the following: 1. Farmers Home Administration 2. Federal Fil'\sf1cif1§ B(ml( ð. Federal Housil"\§ AdmiRistfstisl'I Debcmtures 4; g. Government National Mortgage Association (GNMA) E. Bonds, debentures, notes ef or other evidence of indebtedness issued or guaranteed by United States Government agencies (Federal Instrumentalities) which are not full faith and credit agencies limited to the following: 1. Federal Farm Credit Bank (FFCB) 2. Federal Home Loan Bank or its district banks (FHLB) 3. Federal National Mortgage Association (FNMA) 4. Federal Home Loan Mortgage Corporation (Freddie-Macs) 5. Stl:lsel"\t LeaR M,aplœtil'l§ AsseciatisR (Sallie Mae) F. Non-negotiable interest-bearing ,time certificates of deposit, money market accounts or savings accounts in banks/savings and loan associations organized under the laws of the United States, doing business and situated in this state, provided that any such deposits are secured by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes. Strl:lå through words and passages are deleted. Underlined words and passages are added. - 3 - '-" 'wi G. Repurchase agreements collateralized by Treasury Bills or Notes havinq a maturity of two (2) years or less (the uRdcrlyifl§ secur"ities fep 3urchase flAd subsequeRt sale) far al'1Y af the il'1vestmeRts autharizcd aBaye iR items C, D GI'16 E. Investment in derivative products is not authorized. IV. MATURITY AND LIQUIDITY REQUIREMENTS To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. Investments, including investment pools, of current operating funds shall have maturities of up to three (3) years five (5) years. The Finance Director and other persons performing the investment function will provide an appropriate mix of maturities to maximize the return on the portfolio while minimizing investment risk. IR\'estmel'1t af BaRd reserves, cGl'1structiafl fURds, al'1d other" I'1eI'1 aþcr"atiR§ fURds shall have G term Gþ 3raþr"iate ta the l'1eed far" fUl'1ds, (11'16 il'1 acCar6aRE:e v.'ith debt caveRaRts, But shall I'1Ðt e)(ceed five (5) ycars, ul'1less permitted BY the terms af the bOl'\6 a8CUmCl'1ts. Investments do not necessarily have to be made for the same length of time that the funds are available. The basic criteria for consideration for investments are as follows: A. Keep maturities short in a period of constantly rising interest rates based on Treasury bill auctions or the daily Federal Funds rate. B. Keep maturities short in a period of an inverted treasury yield curve (short- term rates higher than long-term rates). C. Maturities should be lengthened when the treasury yield curve is normal and is expected to remain that way based on economic reports taken as a whole. The yield curve is normal when short-term rates are lower than long-term rates. D. Maturities should be lengthened when interest rates are expected to fall based on economic reports taken as a whole. E. From time to time, securities may be traded for other similar securities to improve yield, maturity or credit risk. For these types of transactions, a temporary loss may be incurred for accounting purposes, provided the loss is more than offset by the Struà threu§h words and passages are deleted. Underlined words and passages are added. - 4 - '-' 'WII higher yield. The following circumstances are considered appropriate for a ~ an exchanqe of securities to be considered: 1. The yield has increased. Market aberrations are often caused by supply and demand conditions for particular securities. For example, if a short supply exists for a particular maturity range, then it may be advantageous to ~ trade out of the security in a short supply and into another similar security in a different maturity range. 2. The maturity has been reduced. Market aberrations occasionally create a situation where longer maturity securities are yielding the Same or less than securities with a shorter maturity. Portfolio quality can be improved by switching from the longer maturity security to the shorter maturity with little or no interest penalty. 3. The quality of the investment has improved. Market aberrations occasionally create a situation where certain higher risk securities yield the same or less than an equivalent lower risk security. Portfolio quality can be improved by switching from the higher risk security to a lower risk security without any interest rate penalty. F. A liquidity €ElSe amount of approximately two (2) months of anticipated disbursements, e)(£ludil'l~ bel'ld censtructiel'l þa)'mel'\ts ep ether bend pG'fmel'lts made fpem escrev¡ ep trust acceunts, will be kept in relatively short-term investments. These would include the State Investment Pool (SBA). FLG.I.T., Certificates of Deposit, U.S. Treasury Obligations and Repurchase Agreements. G. Although many securities are acceptable for investment using the authorized list, some are not very desirable from a liquidity standpoint; accordingly, only those securities with an active secondary market may be purchased from that list. VII. PORTFOLIO COMPOSITION The following are the guidelines for investments and limits on security issues, issuers, and maturities as established by the County. The Finance Director, or their appropriatety designee, after consulting with the Clerk of Circuit Court, shall have the option to further restrict or increase investment percentages from time to time based on Stpuc/( tRPeu~h words and passages are deleted. Underlined words and passages are added. - 5 - '-' ..."" market conditions. Purchases af investments based on band cC:Jvenant requirements SRGII not be inch:H3ee il'l tne portfalia camposition calcl:Jlation. The following maximum limits are guidelines established for diversification by instrument: A. The Local Government Surplus Trust Fund (SBAt Gnd tRe Florida Ceunties InvcstmerÜ Trust. 1. A maximum of 80'7'0 of the portfolio may be invested in these Trusts the SBA, however, bond proceeds may be temporarily deposited in the Trust Fund Investment Pools until alternative investments have been purchased and are not a part of this calculation. ~ The Local Government Investment Trust fund (F.L.G.IT) 1. A maximum of 35'7'0 of the portfolio may be invested in (F.L.G.LT). B.C. Non-negotiable Interest-Bearing Time Certificates of Deposit 1. A maximum of 40'7'0 of the portfolio may be invested in non-negotiable interest bearing time certificates of deposit or savings accounts. 2. The maximum maturity on any certificates shall be no greater than one (1) year from the time of purchase. 3. A maximum of 25/0 of the portfolio may be deposited in the instruments of anyone issuer. b.D. United States Government Securities 1. A maximum of 75'7'0 of the portfolio may be invested in United States Government Securities which are defined as negotiable direct obligations, or obligations the principal and interest of which are unconditionally guaranteed, by the United States Government (example: Treasury Bills, Notes). 2. The maximum length of maturity of any direct investment in government securities is five (5) years. Strl:JcI( throu§h words and passages are deleted. Underlined words and passages are added. - 6 - '-" ...., !}.E. United States Federal Agencies 1. A maximum of 50% of the portfolio may be invested in United States Federal Agency securities which are backed by the full faith and credit of the United States Government (example: GNMA, Farmers Home Administration). 2. Maturity will Be limited fa the pCC:juiremel'lts of Ul'lited States Ce'/crl'lmet'lt securities. J.: ~ A maximum of 25'}'o of the portfolio may be invested in the instruments of anyone issuer. E.F. Federal Instrumentalities 1. A maximum of 40'}'o of the portfolio may be invested in Federal Instrumentalities which are not full-faith and credit United States Government Agencies (example: FFCB, FNMA). 2. ,AAaturity will be limited to the pCC:jl:lipeffier'lts of the United States Cevepl9i'f1el'lt securities. J.:~ A maximum of 25'}'o of the portfolio may be invested in the instruments of anyone issuer. F:É Repurchase Agreements 1. A maximum of lO'}'o of the portfolio may be invested in repurchase agreements with the exception of one (1) business day agreements and overnight sweep agreements which may go as high as 25'}'o. 2. The maximum term of a repurchase agreement will be one (1) year. 3. A maximum of lO'}'o of the portfolio may be invested in the instruments of anyone issuer with the exception of one (1) business day agreements and overnight sweep agreements which may go as high as 25'}'o. VIII. RISK AND DIVERSIFICATION Assets held shall be diversified to control the risk of loss resulting from the over concentration of assets in a specific maturity, issuer, instrument, dealer, or bank through StPl:lc!( thraugh words and passages are deleted. Underlined words and passages are added. - 7 - '-'" ...., which these instruments are bought and sold. Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the appropriate management staff. IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS The County shall only purchase securities from financial institutions which have offices located within the State of Florida and are qualified as public depositories by the Treasurer of the State ef' of Florida, from primary securities brokers/dealers designated by the Federal Reserve Bank of New York, or from secondary brokers/dealers. sþccificd scalers, with an effice located il'\ St. Lucie Cal:JI'\t(, with an office located in the State of Florida. Such specified brokers/dealers must be rccommel"lded reviewed by the Investment Committee~ al'\d a 9þro\'cs il"ldi'/idually by the Beare af CC:H:Jl'\t,' Cemmissisl"lers. Documented lists of the authorized financial institutions and brokers/dealers will be . developed and maintained by the Finance Director and approved by the Clerk of the Court. If at any time the Clerk of the Court is appropriately notified of any threat to the integrity of the investment portfolio, proper security measures may be suggested and implemented, and the Clerk of the Court shall have the option to further restrict investment in selected instruments, to conform to the then-present market conditions. Repurchase Agreements will be conducted through, and negotiated eflIy with primary securities brokers/dealers, or secondary brokers/dealers, or Qualified Public Depository financial institutions. A written Master Repurchase Agreement will be negotiated with any institutions with which the County through the Clerk of the Court enters into a specific repurchase agreement. X. THIRD PARTY CUSTODIAL AGREEMENTS The Clerk of the Court will execute a Third Party Custodial safekeeping Agreement with a commercial bank's trust department which is separately chartered by the United States Government or the State of Florida. All securities purchased and/or collateral obtained by the Clerk of the Court shall be properly designated as an asset of the County and held in safekeeping by the trust department and no withdrawal of such securities, in whole or in part, shall be made from safekeeping except by an authorized staff member. The Third Party Custodial Safekeeping Agreement shall include letters of authority from the Clerk of the Court, details as to responsibilities of each party, notification of security purchases, sales, delivery, repurchase agreements, wire transfers, safekeeping and Struà thpeu~h words and passages are dele1=ed. Underlined words and passages are added. - 8 - '-' ...., transaction costs, procedures in case of wire failure or other unforeseen mishaps including liability of, each party. XI. MASTER REPURCHASE AGREEMENT The Clerk of the Court will require all approved institutions and dealers transacting repurchase agreements to execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions will adhere to requirements of the Master Repurchase Agreement. The agreement shall specify that the underlying securities have a market value of at least W§.i., 103'Yo of the principal balance of the investment. The market value is to be determined on a monthly basis. XII. BID REQUIREMENT Although in most situations the competitive bid process shall be utilized, there is no obligation to secure competitive bids from all financial institutions and dealer/brokers on the approved list. Rather a decision will be made by the Clerk of the Court through the Finance Director as to the institutions that have been the most competitive over the preceding weeks and these will be contacted for a bid. A. After the Clerk of the Court, through the Finance Director, has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three (3) qualified banks and/or dealers will be contacted and asked to provide bids on the securities in question. 1. Bids will be held in confidence until the highest bid is determined and awarded. 2. Documentation will be retained for all bids, with the winning bid clearly identified. 3. If for any reason the highest interest rate bid was not selected, then the reasons leading to that decision will be clearly indicated on the bid form. 4. If the maturing irwestl'fleRt is funds to be invested are from a certificate of deposit, the preseRt "'alder af the fURds issuer of the CD will be one of the contacts made, subject to the portfolio diversification requirements in this policy. Struá throu~h words and passages are deleted. Underlined words and passages are added. - 9 - '-' ~ 5. In certain circumstances where a dealer or bank informs the County of a potential sale that must be completed within minutes of notification, the competitive bidding policy will be waived. The Clerk of the Court will have final approval on these particular transactions before they have been completed. 6. Notwithstanding the above, in order to afford financial institutions (banks and/or savings and loan associations) within St. Lucie County opportunities to enhance the economy of the local area.. certificates of deposit may be purchased from an institution as described in Sections V.F provided that the following additional conditions have been satisfied: a. The institution, or a branch office, is located within the boundaries of St. Lucie County. b. The institution has the highest and best bid of all bidding institutions as described in Section V.F. c. The institution awarded the bid is subject to the portfolio limitation requirements and may not exceed said limitations. d. Banks/savings and loan associations included on the approved list must be Qualified Public Depositories, as determined by the State of Florida. XIII. INTERNAL CONTROLS The Clerk of the Court shall exercise and monitor a set of internal controls to be conducted through the Finance Director, which said controls are designed to protect the County's funds and ensure proper accounting and reporting of the securities transactions. The investment policy shall provide for review of such controls by independent auditors as mEI:f"f part of any financial audit periodically required of the unit of local government. Such internal controls shall consist of the following: A. All securities purchased or sold will be transferred only under the "delivery versus payment" (D.V.P.) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met. B. The Clerk of the Court is authorized to accept, on behalf of and in the name of St. Lucie County, bank trust receipts or confirmations as evidence of actual delivery of the obligation or securities in return for investment of funds. Struà throu!3h words and passages are deleted. Underlined words and passages are added. - 10 - '-' 'J C. Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of St. Lucie County. D. Written documentation and/or confirmation of telephone transactions and wire transfers will be maintained. E. There will be adequate separation of duties with clear delegation of authority among investment personnel. F. Custodial safekeeping shall be properly utilized. G. Operation review and performance evaluations and reporting, interim and annual, shall be done by the Finance Director. H. There will be a~ avaida~ce of no bearer-form securities. 1. There will be no physical delivery of securities. J. There will be specific limitations regarding securities losses and remedial action shall be taken as soon as possible. K. A development of a wire transfer agreement with the custodial bank outlining the various controls and security provisions for making and receiving wire transfers shall be made. L. There is a prohibition of collusion between those makinQ investment decisions and those providinG investment services. M. Written dealer confirmation and monthly and/or quarterly custodial account statements shall be maintained. N. Investment policy shall be established by the Board of County Commissioners considering the recommendations of the Investment Committee. All daily investment activity will be coordinated and reviewed by the Finance Director. In the absence of the Finance Director and Clerk of the Court investment activity must be approved by their designee and later approved by the Finance Director or Clerk of the Court. O. The following positions are designated by the Clerk of the Court as having the authority to initiate all investment activities: g:\atty\agreemnt\investment policy-01 -11- "-" . ..., L Clerk of the Court 2. Finance Director 3. All other designees will be at the discretion of the Clerk of the Court. P. All officials responsible for making investment decisions, er the Fil'lBl'lce Director, shall complete 8 hours of continuing education annually in subjects or courses of study related to investment practices and products" Q. Such additional internal controls as established by the Clerk of the Court. g:\atty\agreemnt\investment policy-O! -12- " ~ AGENDA REQUEST ...., ITEM NO. C-2.C Date: October 11,2005 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 - Credit Reservation Agreement with Tailers' Cove Development, L.L.c. BACKGROUND: See c.A. No. 05-1663 FUNDS A V AIL.(State type & No. of transaction or N/ A): N/ A RECOMMENDA DON: Staff recommends that the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Reservation Agreement with Tailer's Cove Development, L.L.c., and authorize the Chairman to sign the Agreement. COMMISSION ACTION: ¡2C] APPROVED [] DENIED [ ] OTHER: Approved 5-0 Doug as . Anderson County Administrator County Attorney: ~. Coo rdin ation/Si!!na tures Mgt & !Judget: Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable): , t;, ~ ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney c.A. NO: 05-1663 DATE: October 4, 2004 SUBJECT: Bear Point Mitigation Bank - Credit Reservation Agreement with Tailers' Cove Development, L.L.C. BACKGROUND: The Bear Point Mitigation Bank has received approval from the Florida Department of Environmental Protection to release credits based upon the work performed to date. As approved by the Mitigation Bank Management Committee pursuant to the agreement with the former landowners, the current price for a State Credit is sixty-five thousand seven hundred and 00/100 dollars ($65,700.00). In the event a developer wishes to reserve credits, it is required to pay twenty-five percent (25%) percent of the purchase price in advance. The County has received a request from Tailers' Cove Development, L.L.c. for the reservation of two (2) State Credits. Attached to this memorandum is a copy of the proposed Credit Reservation Agreement which provides for the developer to pay the reservation fee of forty-three thousand eight hundred and 00/100 dollars ($43,800.00) to reserve the credits. The credits will be held in reserve for the developer for a period of two years, subject to extension upon prior written agreement of the parties. The release of the reserved credits is not guaranteed prior to January 31, 2007. The reservation fee will be credited against the total purchase price of one hundred seventy-five thousand two hundred and 00/1 00 dollars ($175,200.00). The <;leveloper has paid the reservation fee in full. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Reservation Agreement with Tailers' Cove Development, L.L.C., and authorize the Chairman to sign the Agreement. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ "., Copies to: '-' ..." County Administrator Finance Director Management and Budget Director Mosquito Control Director ~ """" MITIGATION BANK CREDIT RESERVATION AGREEMENT THIS AGREEMENT made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, and TAILERS' COVE DEVELOPMENT, L.L.C., a Florida limited liability corporation, ("Developer"), whose address is 801 Brickell Avenue, Suite 2380, Miami, Florida 33131. WITNESSETH \VHEREAS, the County owns and operates the Bear Point Mitigation Bank, ("Bank"); and, \VHEREAS, the Developer is the owner of certain property lying in the Bank's Mitigation Service Area, and more specifically described in Exhibit "A," attached hereto and incorporated herein, ("Site"); and, \VHEREAS, the Developer intends to develop the Site in a manner consistent with all local, state, and federal regulations; and, \VHEREAS, the Developer desires to reserve two (2) State mitigation credits in the Bank ("Credits") in order to seek the necessary permits for the proposed development of the Site ("Project"); and. \VHEREAS, the County is willing to reserve the requested credits pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The County agrees to reserve two (2) State Credits for the Project as set forth in this Agreement as set forth in the Reserved Credit Allocation attached hereto and incorporated herein as Exhibit "E. The parties acknowledge and agree that release of the reserved credits is not guaranteed until to January 31,2007. Prior release ofthe reserved credits will be subject to the approval of the Florida Department of Environmental Protection. The term of this reservation shall begin on the date first written above and shall continue for a period of two (2) years from the date of this Agreement, subject to extension upon the prior written agreement of the parties. 2. In consideration of such reservation, the Developer shall pay the County a non-refundable reservation fee ("Reservation Fee") in the total amount offorty-three -1- ~ '-' ....", thousand eight hundred and 00/100 dollars ($43,800.00) based upon twenty-five percent (25%) of the current price of the reserved Credits upon the date of this Agreement as set forth in the Reserved Credit Allocation. The parties acknowledge and agree that the Developer has paid the Reservation Fee in full. 3. It shall be the responsibility of the Developer to provide the regulatory agencies with a copy of the receipt or other acceptable proof indicating reservation of the Credits. 4. In the event the permits for the Property are issued, the parties shall enter into a Mitigation Bank Credit Purchase Agreement for the required number of Credits. The amount of the Reservation Fee shall be credited against the Credit purchase price. In the event the permits for the Project are not issued, the County shall retain the Reservation Fee and the Developer shall have no claim against the County for the Reservation Fee or the reserved Credits. 5. Any disputes relating to interpretation of the terms ofthis Agreement or a question offact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Developer and the County. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 5. 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. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 6. 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. 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 -2- ~ - '-' ..., court. IN WITNESS \VHEREOF, the parties have caused this Agreement to be executed on the day first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: f-ð'- TAILßRS' COVE DEVELOPMENT, L.L.C. BY'_\---C- p"'msk~ 7 ~ -~ SECRETARY (SEAL) g: \atty\forms \bearpt. tailorscove .reserve. wpd -3- \.I' ....". EXHIBIT "A" LEGAL DESCRIPTION OF PROJECT SITE That portion of the North 400 feet of the South one-half of Government Lot 5, in Section 2, Township 37 South, Range 41 East lying West of State Road A-I-A (South Ocean Drive) and also described as the North 400 feet of Parcel G, lying West of State Road A-I-A (South Ocean Drive), F. E. ENGLAR'S PLAT SURVEY, according to the map or plat thereof as recorded in Plat Book 7, Page 13, Pu.blic Records of St. Lucie County, Florida. -4- c~~ State Credits 2 ~. EXHIBIT "B" RESERVED CREDIT ALLOCATION Reservation Fee $43,800.00 Balance $131,400.00 -5- .., Total Price $175,200.00 ~ '-' AGENDA REQUEST ITEM NO. C-2'1f Date: October 11,2005 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 - Credit Purchase Agreement with Danella Construction Corporation and Florida Power & Light Company BACKGROUND: See C.A. No. 05-1664 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Purchase Agreement with Danella Construction Corporation and Florida Power & Light Company, and authorize the Chairman to sign the Agreement. ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: Dou s . Anderson County Administrator County Attorney: ~./ )< or;g~t~rDePt ¥ Finance (Check for Copy only, ifapplicahle): Coordination/Si!!natu res Mgt. & Budget: Purchasing: Other· Other: -, '-" 'will INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 05-1663 DATE: October 4, 2004 SUBJECT: Bear Point Mitigation Bank - Credit Purchase Agreement with Danella Construction Corporation and Florida Power & Light Company BACKGROUND: The Bear Point Mitigation Bank has received approval from the Florida Department of Environmental Protection to release credits based upon the work performed to date. As approved by the Mitigation Bank Management Committee pursuant to the agreement with the former landowners, the current price for a State Credit is sixty-five thousand seven hundred and 00/1 00 dollars ($65,700.00). The County has received a request from Danella Construction Corporation and Florida Power & Light Company for the purchase of 0.10 State Credits. Attached to this memorandum is a copy of the proposed Credit Reservation Agreement which provides for Danella and FP&L to pay six thousand five hundred seventy and 00/100 dollars ($6,570.00) to purchase the credits. The credit purchase is being made to satisfy a Mitigation Plan Agreement with the Florida Department of Environmental Protection. Danella has paid the purchase price in full. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County CommissiOners approve the proposed Bear Point Mitigation Bank Credit Purchase Agreement with Danella Construction Corporation and Florida Power & Light Company, and authorize the Chairman to sign the Agreement. Respectfully submitted, ~~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Finance Director Management and Budget Director Mosquito Control Director -, '-' ...., MITIGATION BANK CREDIT PURCHASE AGREEMENT THIS AGREEMENT made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose address is 7200 NW 4TH Street, Plantation, Florida 33317, and DANELLA CONSTRUCTION CORPORATION, whose address is 201 NW 12TH Avenue, Pompano Beach, FL 33069 (jointly the "Buyers"). ' WITNESSETH WHEREAS, the County owns and operates the Bear Point Mitigation Bank, ("Bank"); and, WHEREAS, the Buyers have entered into a Mitigation Plan Agreement with the Florida Department of Environmental Protection ("Agency") for Permit File No. 56-02066116-001 for certain property lying in the Bank's Mitigation Service Area; and, WHEREAS, the Mitigation Plan requires the Buyers to purchase credits in the Bank; and, WHEREAS, in accordance with the Mitigation Plan, the Buyers desire to purchase 0.10 State Credits from the Bank; and, WHEREAS, the current price of a State Bank Mitigation Credit ("Credit") is sixty-five thousand seven hundred and 00/100 dollars ($65,700.00) per credit. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The County agrees to sell and the Buyers agree to purchase 0.10 State Credits in accordance with the Consent Order. The purchase price for the Credits is six thousand five hundred seventy and 00/100 dollars ($6,570.00). 2. The Buyers shall pay the purchase price for the Credits to the County in full within thirty (30) days of the date of this Agreement. Payment shall be delivered to the St. Lucie County Finance Director, 2300 Virginia Avenue, Fort Pierce, FL 34982. Upon payment in full of the purchase price, the County shall issue a written receipt to the Buyers acknowledging such payment. In the event the -1- . - '-' ..." purchase price is not paid in full within thirty (30) days of the date of this Agreement, this Agreement shall be null and void and the County shall make the above-referenced Credits available to other parties. 3. It shall be the responsibility of the Buyers to provide the Agency with a copy of the receipt or other acceptable proof indicating purchase of the Credits. 4. 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 Buyers and the County. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 5. 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. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 6. 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. 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. -2- .. '-'" ...", IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. ATTEST: DEPUTY CLERK WITNESSES: ~~~. t!+ /~~ f···'....·....:~~\: ·...:.';',·,·..·....rfšrlË··jÖHÄÑŠSÖ·~:·_~ ,~ ,y,1 Pit. '. ~ 3- a··'!-<;. Commission II DD0222i ¡ F'-~~;¡¡~~ ÐIpim 6/1512007 ' ~ ·~··,j(.J~R$ : "',,/~f,r.;,\'..... Banded ÞYough : l.00-432~254) Aofida Notary ANn.. 'n- ...··..................T....I.........1...~ n .1' ....... ~ ATTEST: .¡;¿~/ SECR. A g: \atty\agreemnt\contract\be arpt.purchase .FPL.doc BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY FLORIDA POWER & LIGHT BY: d.RÁI'-I~η ~<"A 1)____ . NAME: fSo;¿.,,<>rl'( M 0SSf'r TITLE:&,,~,. 0>'\ ""p", {.'" \ :::: fee :... I ¡ s t- BY: (SEAL) -3- ....,- - ..... ...... ....... ~ - ",. ~ ..,¡ )Y AGENDA REQUEST ITEM NO. ,Glt!' DA TE: October 11, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Addendum between SunGard HTE. Inc. and St. Lucie County BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Addendum and authorize the Chairman to sign the Addendum. COMMISSION ACTION: E: Approved 5-0 - [x] APPROVED [] DENIED [ ] OTHER: u as Anderson County Administrator ~ Review and Approvals County Attorney: ;/ <t' Management & Budget Purchasing: 0"''"'''"9 D,p'. ~ *c'""" E", 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.: 05-1671 DATE: October 5, 2005 SUBJECT: Addendum between SunGard HTE. Inc. and St. Lucie County *.*************..***.*.*****._**.**..**..***********.****.**.****************. BACKGROUND: On August 10,1999, the County and SunGard HTE, Inc. (HTE) entered into a Software License and Services Agreement. The attached Addendum would transfer the County-licensed programs to the Sheriff. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Addendum and authorize the Chairman to sign the Addendum. DSM/caf Attachment " '-' ...." SUNGARDœ HTE INC. Addendum between SunGard HTE Inc., St. Lucie County, FL & St. Lucie County Sheriff's Office, FL This Amendment (Amendment) is to the HTE, Inc. Software License and Services Agreement dated August 10, 1999 between SunGard HTE Inc. (HTE) and St. Lucie County, FL (County), with any amendments and supplements thereto (together herein referred to as "Agreement") : This Amendment is effective when signed by an authorized representative of both parties. WHEREAS, the County licensed certain programs from HTE; and WHEREAS, the County and the Customer desire to transfer the Licensed Programs to Customer; and WHEREAS, the Agreement provides that it cannot be changed without the written agreement ofHTE and the County; and NOW THEREFORE, in consideration of the mutual obligation, promises and covenants set forth in this Amendment, the parties hereto agree as follows: 1. Incorporation within Agreement: 'This Amendment to the Agreement shall be incorporated in the Agreement as if fully set forth therein and shall for all intents and purposes be a part of the Agreement. 2. Transfer of County Licensed Programs: The following programs previously licensed by the County are hereby terminated by the County, transferred to the Customer, and shall become Licensed Programs of the Customer under the provisions of the Sheriffs Supplement SLCS- 20050887. Upon execution of this Amendment, Customer shall be responsible for all payments incurred under the Sheriffs Supplement. This Amendment is of no force or effect until the Sheriffs Supplement SLCS-20050887 has been executed. Transferred Licensed Programs to S1. Lucie Sheriff's Office CRIMES Record Management - CCJ Mobile Oata Browser (MOB) Client (147 PC Licenses) - MB CRIMES Record Management· CC Mobile Oata Terminal Interface . MO' ISIS Switch - IS' Field Accident Reporting (100 PC Licenses) - UA LG CRIMES (5 workstations) - LG Field Resporting Server (up to 200 users) . UG Message Switch w/Mobile Flash - M1 Field Incident Reporting (192 PC Licenses) - UI Menu Oriver - HT Oocument Management Services - OXJ QRep End User (3 Units) - CG QRep Cataloq (CCJ) - CJ 3. Effect of Amendment: Except for the foregoing described changes to the Agreement, the Agreement shall in all other respects remain in full force and effect, unchanged hereby. By execution of this Amendment Customer agrees to be bound by the terms of the Agreement in each Amendment I of 2 SLCS-STLC Trans Amendment.doc August 11, 2005 ,. '-' ....,¡ and every respect with regard to the changes created in this Amendment as if this Amendment had been fully set forth in the Agreement There shall be no change in the warranties, representations, liabilities or obligations of HTE under the Agreement by virtue of this Amendment except as expressly set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment in manner and fonn sufficient to bind them on the day and year indicated after their respective execution hereof. ST. LUCIE COUNTY, FL Authorized Signature SUNGARD~ Authorized Signature Grant Harbin Vice President of Professional ServIce, SunGa", HTt lIe. Type or Pr;nt Name and Title Type or Print Name and Title Date ;k~ ~.,~tJo5' r Date / Amendment 2 of 2 SLCS-STLC Trans Amendmentdoc August 11, 2005 AGENDA REQUEST ~ ITEM NO. C3 DATE: October 11, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: One-Year Extension to the Consultant Agreements for Professional Engineering Services for Geotechnical Testing through October 14, 2006. BACKGROUND: See attached memorandum, FUNDS AVAIL.: nla PREVIOUS ACTION: January 21, 2003 - Board approved advertising for RFP's. October 14, 2003 - Board approved the shortlist and authorized the Chairman to sign agreements as prepared by the County Attorney. RECOMMENDATION: Staff recommends approval of the one-year extension to the Consultant Agreements for Geotechnical Testing with Ardaman & Associates, Inc. and PSI, Inc., and authorize the Chairman to sign. COMMISSION ACTION: þ(] APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 [x]County Attorney [x]Originating Dept. Public Works~ . geotechnical extensIon 2005.ag (. J ~/ CoordinationISionatures l MgI. & Budget Ix)Co. Eng MVP [x Exec. A5St.~ [ ]Other .'-" "'-" >. .. DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer fÆV P DATE: October 11, 2005 SUBJECT: Professional Engineering Services for Geotechnical Testing BACKGROUND October 14, 2003, the Board approved consultant agreements with Ardaman & Associates, Inc.; and PSI, Inc., to perform Geotechnical Testing on a continuing basis for a period of two years with an optional one-year extension. To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: - '-"' Item Num~ Date: Agenda Request 4A 10/11/2005 REVISED Consent Regular Public Hearing leg. [ ] [X] [ ] [ ] Quasi-JD [ Board of County Commissioners Environmental Resources Requesl Board approval of posilion request POS05-064 and Budget Amendment BA06- 105 for an Environmental Planning Coordinator in the Environmental Resources Department. Due to an unprecedented increase in development in SI. Lucie County, the Environmenlal Resources Department is requesting an Environmental Planning Coordinator position to aid with site plan review and comment. This position will also assist with other regulatory functions such as sea turtle lighting inspections and pre- development review site visits. Funds will be made available in 001-3920-512001-300 General Fund Environmental lands New Posilion account. Site application fees will be adjusted in the future to fund this position. See Background. Staff recommends approval of Position Request POS05-064 and Budget Amendment BA06-105 from general fund contingency. COMMISSION ACTION: OCJ APPROVED D DENIED D OTHER Approved 5-0 County Attomey: Originating Depl: Finance: Douglas M. Anderson County Administrator I~ I UfJ., Coordination! Signat~ures ~ Mgl. & Budget: \.y . Other: Purchasing: Other: tt, íL - '-" .""", JOB CODE: NEW PAY GRADE: 20 SALARY: $39,184.50-$60,822.74 ENVIRONMENTAL PLANNING COORDINATOR MAJOR FUNCTION: Professional environmental planning position in the Environmental Resources Department. Responsibilities include monitoring and implementation of the St. Lucie County Comprehensive Plan and Land Development Code as they relate to the County's natural resources. Work will also include project review and permitting of various projects which impact natural resources. Work involves initiative and independent performance, and contact and coordination with other Departments and Divisions, and regional and state agencies. The incumbent will serve under the Environmental Regulations Supervisor. KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS OF THE POSITION: Knowledge: Environmental Planning terminology, principles and practices, site preparation techniques, tools, mathematics, vegetation and soils, insect and disease problems of trees, statistical and other research techniques. Knowledge of local, state and federal issues, regulations, local government operations. with particular reference to County administration and management. Abilities: Ability to analyze and interpret complex data. Ability to maintain complex administrative records. Ability to e9tablish and maintain a satisfactory working relationship with employees, government officials, private organizations, and the general public. Ability to effectively represent the Department to local, state and federal officials and the general public on procedure and technical matters. Ability to present information, ideas, and recommendations clearly and succinctly in written and verbal form. Ability to demonstrate sensitivity to political, social and fiscal constraints regarding planning issues, projects and programs. ESSENTIAL JOB FUNCTION: Assists in writing various ordinances and ordinance amendments to protect the environment on a local level. Assists in preparing and evaluating amendments and compliance reviews pursuant to the County Comprehensive Plan and the Land Development Code. Prepares and presents, independently or under direction, reviews and evaluations for various types of development proposals submitted to St. Lucie County as they relate to the County's natural resources. Coordinates these reviews with other Department Divisions and with outside agencies, as appropriate. Conduct pre and post land clearing inspections, endangered species inspections, landscape inspections, and any other necessary site inspections. Assists County government in environmental planning; assists County government in the preservation and protection of existing natural systems. Performs other assignments as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Use of both arms and legs, and good hand/eye coordination. Use of forestry tools and equipment. Very frequent use of good near vision and good hearing. Frequent walking and standing. Periodic light lifting and carrying (30 to 50 pounds) reaching above shoulders, kneeling, bending and squatting. Ability to operate County automobile continuously for a period of one hour. ENVIRONMENTAL CONDITION REQUIREMENTS: Periodic work inside the office in a sedentary posture. Periodic attendance at meetings inside and outside the County office buildings. Frequent field trips to unimproved and improved development sites, and '-" 'Wi agricultural areas. Frequent work outside under adverse weather conditions of heat, cold, humidity and rain. WORK HAZARDS: Possible vision dysfunction due to heavy computer work. Periodic field visits to undeveloped areas, agricultural areas and areas under development, with attendant hazards. SAFETY EQUIPMENT USED OR NEEDED: Occasional need for a hard hat. EDUCATION: Graduation from an accredited college or university with a bachelors degree in Environmental Science, Natural Resources Management, Forestry, Urban and Regional Planning, or related field. EXPERIENCE: A minimum of two (2) years professional planning or natural resources management related experience. Knowledge of computers and spreadsheet.and data management programs preferred. A comparable amount of training or experience may be substituted for portions of these minimum requirements. LICENSE, CERTIFICATION, OR REGISTRATION: Must have a valid Florida driver's license or the ability to obtain within one month of employment. Must maintain a good driving record. .... ~ - ~ ..J ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS POSITION REQUEST FOR FISCAL YEAR 2005.2006 DEPARTMENT: RECOMMENDED: APPROVED X YES NO POSITION TITLE: Environmental Plannin Coordinator FTE: 1.00 SALARY: BENEFITS: TOTAL BUDGET: $41,147 $27.992 $69.139 JOB CODE: PAY GRADE: PAY SCALE: JUSTIFICATION: Due to an unprecendented amount of development within St. Lucie County, the Environmental Resources Department is requesting an Environmental Planning Coordinator position to aid with site plan review and comment. In addition, this position is needed toaid in other regulatory matters such as sea turtle lighting inspections, pre-development site visits, etc. POSITION REQ#: POS06-064 ACCOUNT#: 001-3920-512001-300 - ~ ...., - "'" ...,; BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Environmental Lands PREPARED DATE: 10/7/2005 AGENDA DATE: 10/11/2005 ACCO.UNT .,UMBER ACCOUNT NAME AMQU.NT TO: 001-3920-512001-300 New Positions $69,139 FROM: 001-9910-599100-800 Contingencv $69,139 . REASON FOR BUDGET AMENDMENT: New Position for Environmental Resources, Environ. Plannina Coordinator CONTINGENCY BALANCE: $950,000 THIS AMENDMENT: $69,139 REMAINING BALANCE: $880,861 DEPARTMENT APPROVAL: ~ OMB APPROVAL: BUDGET AMENDMENT #: BA06-105 DOCUMENT # & INPUT BY: DEPARTMENT Approved Budget Contingency Proposed action: BA06-102 BA06-105 ~ - ~ "'" FISCAL YEAR 2005-2006 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $1,000,000 ITEM ACCOUNT # 001-9910-599100-800 Total used: Balance Available Bike/Pedestrian Greenway Trails Master Plan Environmental Planning Coordinator / Environ. Lands Balance Available After Proposed Action: ~ .J AMOUNT $1,000,000 $0 $1,000,000 DATE $50.000 TBD $69.139 10/11/2005 $880,861 '- ~ ,. .~ '-' Agenda Request Item NumW Date: 4A 10/11/2005 Consent Regular Public Hearing Leg. [ ] [X ] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Environmental Resources tor SUBJECT: Request Board approval of position request POSO~'064 for an Environmental Planning Coordinator in the Environmental Resources Department. BACKGROUND: Due to an unprecedented increase in development in St. Lucie County, the Environmental Resources Department is requesting an Environmental Planning Coordinator position to aid with site plan review and comment. This position will also assist with other regulatory functions such as sea turtle lighting inspections and pre- development review site visits. FUNDS AVAILABLE: Funds will be made available in 102-3920-XXXXXX-7801 Tree Fine and Mitigation account. Site application fees will be adjusted in the future to fund this position. PREVIOUS ACTION: See Background. RECOMMENDATION: Staff recommends approval of Position Request POSOró-064. ouglas M. Anderson County Administrator COMMISSION ACTION: [XJ APPROVED D DENIED D OTHER Approved 5-0 Jt-Zt-/ County Attorney: ¡ Originating Dept.: \; r-, Finance: Coordination! Signatures 11\ ~ Mgt. & Budget: ' 111i..... . YUYI Other: ~ Purchasing: Other: ft. ~ '-' ...", ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS POSITION REQUEST FOR FISCAL YEAR 2005·2006 DEPARTMENT: RECOMMENDED: X YES NO POSITION TITLE: Environmental Plannin Coordinator FTE: 1.00 SALARY: BENEFITS: $41,147 $27.992 JOB CODE: PAY GRADE: JUSTIFICATION: Due to an unprecendented amount of development within St Lucie County, the Environmental Resources Department is requesting an Environmental Planning Coordinator position to aid with site plan review and comment. In addition, this position is needed toaid in other regulatory matters such as sea turtle lighting inspections, pre-development site visits, etc. POSITION REQ#: POS06-064 ACCOUNT#: 102-3920-512000-7801 '-" ..¡ JOB CODE: NEW PAY GRADE: 20 SALARY: $39,184.50-$60,822.74 ENVIRONMENTAL PLANNING COORDINATOR MAJOR FUNCTION: Professional environmental planning position in the Environmental Resources Department. Responsibilities include monitoring and implementation of the St. Lucie County Comprehensive Plan and Land Development Code as they relate to the County's natural resources. Work will also include project review and permitting of various projects which impact natural resources. Work involves initiative and independent performance, and contact and coordination with other Departments and Divisions, and regional and state agencies. The incumbent will serve under the Environmental Regulations Supervisor. KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS OF THE POSITION: Knowledge: Environmental Planning terminology, principles and practices, site preparation techniques, tools, mathematics, vegetation and soils, insect and disease problems of trees, statistical and other research techniques. Knowledge of local, state and federal issues, regulations, local government operations, with particular reference to County administration and management. Abilities: Ability to analyze and interpret complex data. Ability to maintain complex administrative records. Ability to establish and maintain a satisfactory working relationship with employees, government officials, private organizations, and the general public. Ability to effectively represent the Department to local, state and federal officials and the general public on procedure and technical matters. Ability to present information, ideas, and recommendations clearly and succinctly in written and verbal form. Ability to demonstrate sensitivity to political, social and fiscal constraints regarding planning issues. projects and programs. ESSENTIAL JOB FUNCTION: Assists in writing various ordinances and ordinance amendments to protect the environment on a local level. Assists in preparing and evaluating amendments and compliance reviews pursuant to the County Comprehensive Plan and the Land Development Code. Prepares and presents, independently or under direction, reviews and evaluations for various types of development proposals submitted to St. Lucie County as they relate to the County's natural resources. Coordinates these reviews with other Department Divisions and with outside agencies, as appropriate. Conduct pre and post land clearing inspections, endangered species inspections. landscape inspections, and any other necessary site inspections. Assists County government in environmental planning; assists County government in the preservation and protection of existing natural systems. Performs other assignments as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Use of both arms and legs, and good hand/eye coordination. Use of forestry tools and equipment. Very frequent use of good near vision and good hearing. Frequent walking and standing. Periodic light lifting and carrying (30 to 50 pounds) reaching above shoulders, kneeling, bending and squatting. Ability to operate County automobile continuously for a period of one hour. ENVIRONMENTAL CONDITION REQUIREMENTS: Periodic work inside the office in a sedentary posture. Periodic attendance at meetings inside and outside the County office buildings. Frequent field trips to unimproved and improved development sites, and '-" .." agricultural areas. Frequent work outside under adverse weather conditions of heat, cold, humidity and rain. WORK HAZARDS: Possible vision dysfunction due to heavy computer work. Periodic field visits to undeveloped areas, agricultural areas and areas under development, with attendant hazards. SAFETY EQUIPMENT USED OR NEEDED: Occasional need for a hard hat. EDUCATION: Graduation from an accredited college or university with a bachelors degree in Environmental Science, Natural Resources Management, Forestry, Urban and Regional Planning, or related field. EXPERIENCE: A minimum of two (2) years professional planning or natural resources management related experience. Knowledge of computers and spreadsheet.and data management programs preferred. A comparable amount of training or experience may be substituted for portions of these minimum requirements. LICENSE, CERTIFICATION, OR REGISTRATION: Must have a valid Florida driver's license or the ability to obtain within one month of employment. Must maintain a good driving record. To: Submitted By: '-' Agenda Request Item Num""" 4b Date: 1011112005 Consent Regular Public Hearing g. I ] IX] I ] I ] Quasi-JD I Board of County Commissioners Environmental Resources SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Request Ihe Board to approve Amendment No.2 to Project Agreement 69-4209-5-1698 with the United States Department of Agriculture - Natural Resources Conservation Service (USDA NRCS)to extend the completion date for the Indian River Drive Revegetation Project until November 30, 2005 and authorize the chair to sign the agreement. On 1/4/2005 the Board accepted a USDA NRCS grant allowing a total project cost of $4,500,000 with $3,375,000 (75%) under the grant and $1,125,000 (25%) match for the Indian River Drive Revegetation Project. On 3/15/2005 the Board approved Amendment NO.1 with the USDA NRCS to provide an additional $1,000,000 plus 25% match for the Indian River Drive Revegetation Project. NA See Background. Staff recommends the Board approve Amendment NO.2 to Project Agreement 69-4209- 5-1698 with the United States Department of Agriculture - Natural Resources Conservation Service to extend the completion date for the Indian River Drive Revegetation Project until November 30, 2005 and authorize the chair to sign the agreement. COMMISSION ACTION: ~ APPROVED D DENIED D OTHER Approved 5-0 ouglas M. Anderson County Administrator County Attorney: Originating Dept: Finance: ~ ~ Coordination! Signatures Mgt & Budget: Other: Purchasing: Other: '-' ....,¡ AMENDMENT NO.2 To PROJECT AGREEMENT 69-4209-5-1698 Between ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS And The UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE RE: Emergency Watershed Protection project resulting from Hurricane Jeanne. This amends the Project Agreement 69-4209-5-1698 between the above parties relative to the Hurricane Jeanne Emergency Watershed Protection Project in St. Lucie County, Florida. Clause B.1 is amended to read as follows: 1. Provide for the accomplishment of the works of improvement described in Section A and provide for completion by November 30, 2005. The Sponsor will provide NRCS a copy of any solicitation (Invitation for Bids, Request for Quotations, etc.), bid abstract, awarded contract, or other basis of cost and accomplishment. All other provisions of the Agreement remain unchanged. APPROVED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Title: Date: This Action is authorized at an official meeting ofthe on the day of State of Florida. , 2005 at Date: (Signature) UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE By: Reviewed By: Lynn Merrill Title: Contracting Officer Date: T. Niles Glasgow Title: State Conservationist Date: 1 of 1 To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: @ APPROVED o OTHER Approved 5-0 '-" Agenda Request ""'" Item Number ~ ~ Date: 10/11/2005 Consent Regular Public Hearing ego [ ] [X] [ ] [ ] Quasi-JD [ Board of County Commissioners Environmental Resources Request of Basil Goombs for an exemption from the requirements of Section 11.02.09(A)(5), St. Lucie County Land Development Code. to prepare an Environmental Impact Report for the project to be known as Valencia Ranches PUD. The applicant is requesting that the Board grant relief from the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code. Section 11.02.09(A)(5)(a) requires that all site plans located on property that is located on a ten acre or greater parcel. include as a part of the site plan review process, an Environmental Impact Report (EIR). The purpose of the EIR is to assess the impacts of the proposed development upon the existing natural environmental conditions. The Board of County Commissioners may grant relief from the requirements for the filing of this report upon the demonstration by the developer that the information being foregone by such relief is not needed in order to determine the impacts of the proposed development upon the existing natural environment. The applicant is requesting that the Board grant relief from the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code. The proposed subdivision is located on 149.24 acres of land on the west side Sneed Road. The site has been completely impacted in the past by agricultural activities and is currently covered by a citrus grove. No native vegetation exists on the site. There are no significant environmental features on the subject property. N/A None Staff recommends that this request for an exemption from the requirements of Section 11.02.09(A)(5) be approved and that no environmental impact report be required for this project. D DENIED URRENCE: County Attorney Originating Dept.: 'jr. I.J.-R Coordination! Signatures Mgt. & Budget: ('Yiw.5í\'-Other: ~ Ù"Jmí Purchasing: Other: ITEM NO.~4.Ð DATE: Oct. 11, 2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: ERD/Oxbow Eco-Center Sandra Boaan. SUDerintendent SUBJECT: Accept Donation Agreement with St. Lucie Audubon for Oxbow Classroom BACKGROUND: The St. Lucie Audubon Society was bequeathed $100,000 by Evelyn Murphy, to be used to acquire endangered land or a classroom I meeting room for the Society. The Audubon Board approved the use of these monies to assist in building a classroom I meeting room at the Oxbow Eco-Center that would be used for Audubon meetings, as well as for Oxbow and County purposes. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Donation Agreement for the construction of a meeting room at the Oxbow Eco-Center in the amount of $100,000 and authorize the chair to sign the agreement as prepared by the County Attorney's office. COMMISSION ACTION: E: ()O APPROVED () DENIED ( ) OTHER Pulled for separate vote approved 5-0 DO NDERSON COUNTY ADMINISTRATOR CoordinationlSianatures County Attomey (X) ¡À/ \.;W) Mgt. & Budget ( ) ~ f!) ¢ Other ( ) Purchasing ( ) Originating Dept. (X) Other ( ) Finance: (check for copy, only if applicable)_ ~ ...., Commission Review: Oct. 11, 2005 ENVIRONMENTAL RESOURCES DEPARTMENT MEMORANDUM TO: FROM: DATE: St. Lucie County Board of County Commissioners Sandra Bogan, Superintendent, Oxbow Eco-Center October 3, 2005 SUBJECT: St. Lucie Audubon Donation Agreement -~- Meeting Room The St. Lucie Audubon Society was bequeathed $100,000 by Evelyn Murphy, to be used to acquire endangered land or a classroom I meeting room for Audubon meetings. The Audubon Board approved the use of these monies to assist in building a classroom I meeting space at the Oxbow Eco-Center that would be used for Audubon meetings, as well as for Oxbow and County purposes. Donation Agreement is attached. Staff recommends that the Board of County Commissioners approve the Donation Agreement for the construction of a meeting room at the Oxbow Eco-Center in the amount of $100,000, and authorize the chair to sign the agreement as prepared by the County Attorney's office. SUBMITTED: '~&fft0- Sandra Bogan Superintendent, Oxbow Eco-Center 00: Doug Anderson, County Administrator Dan Mcintyre, County Attomey Vanessa Bessey, Environmental Resources Department Director File oxbow eco center 772-785-5834 ..., p.l '-" ~~ Cow , DONATION AGREEMENT MEETING ROOM OXBOW ECo-CENTER THIS AGREEMENT, made this.3ö day of A\.\~-r 2005, between ST, lUCIE COUNTY, a political subdivision of the State of Florida, hereinafter CCllled the 'County," the ST. LUCIE AUDUBON SOCIETY, INC., a Florida non profit corporation, hereinafter called the ·Society." WHEREAS, the Society has requested that the County approve the construction of an additionalmeeting room rRoom") with private funds on County-own~,property at the St. Lucie County Óxbow Eco-Center rOxbow"); and. WHEREAS, the County is willing to accept the donation of the Society subject to the terms and conditions set forth herein. NOW, THEREFORE, IN CONSIDERATION of the mutual benefits received by each party, the parties mutually agree as follows: 1. Society ObIi9Qtions. In consideration of the rights granted under this Agreement, Society agrees as follows: A. Society shall pay the County $100,000. Payment shall be due upon the selection of contractor by the Coooty. B. Society shall provide the County in writing by January 10 of each year a list of all dates it will require usage of the Room. The Society will notify the County at least sixty days in advance of any additional days the Society will require usage of the Room during the year. 2. Courrtv Obfiaations. In consideration of the rights granted under this Agreement, County agrees as follows: A. Using the funds from paragraph leA) toward the cost, the County shall contract with a licensed contractor to construct the Room at the Oxbow with the following conditions, 1. Have the aMity to accommodate at least sixty people seated. Y:\C!.ASSROOM ADDITION\OXBOW ECO-CENTER DONATION FINAL.DOC oxbow eco center 772-785-5834 "'wtI p.2 / / '-' 2. Identify the Room in recognition of the Society by naming it -Audubon Classroom" or -Audubon Room" and'Evelyn Murphy. 3. Have a secure storage Space at least 8 feet x 2 feet depth for the Society use in the Room. B. The Society shall have USe of the Rootn for manthly members meeting, monthly meding of Society Board members, special events held four times a yeer, and education programs with guest speakers. C. The Society shall be consulted on the design of the room and the selection of the contractor. 3. OwnershiD of the Building: ODCration Malntencanœ. The parties agree that upon completion of the Room in accordance with the approved plans and specifications, the County shall own and maintain the Room. The parties hrther agree that the Room is subject to the operational control of the County. The County agrees that the primary purpose of the building is for Society meetings, educational programs, and other meetings and workshops, 4. Non Discr.imination. The parties agree that the Building shelll be used so as not to discrimioote against any person because of age, sex or physical handicaps (except where based on a bonofide occupational qualification); or because of marital status, race, color, religion, notionaJ origin or ancestry. 5. Tcm1inatian. This Agreement shall terminate automatically upon (a) mutual agreement of the parties; or, (b) upon cmnpletion of the building in accordance with the approved plans provided that the obligations of Paragraph IB, 2A and B, 3 and 4 shall survive the termination of this Agreement. The County also reserves the right to terminate this Agreement for caUSe by giving the other side ninety (90) days prior written notice and opportunity to cure. _ 6: Notice. Any notices required hereunder shall be in writing and shall be sent ce.rtified mail, return receipt requested, or hand delivered to the parties at the following addresses: To the County: County Administrator 2300 Virginia Avenue, Annex Fort Pierce, FL 34962 With cDDles to: County Attomey 2300 Virginia Avenue, Amex Fort Pierce, FL 34982 Y:\CLASSROOM A[)[)ITION\OXBOW ECO-CENTER DONATION FINAL.DOC oxbow eco center 772-785-5834 p.3 // // / '-' .J To the Society: St. Luc;ie Audubon Society, Inc. Post Office Box 12474 fort Pierce. Florida 34979 7. Except as otherwise provided, this Agreement shall be binding upon and shall inure to the benefit of the parties. 6. The County reserves the right to freely assign this Agreement. The Society, however, shoJI not assign this AgreemenT To any other persons or firm without first obtaining County's written approval. In addition, the Society 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, consolidGtion, voluntary sale, or transfer of substantially all of its assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially oJl of its assets shall be deemed to occur when the owner(s) of more than 5010 of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corpOration or business entity. Any attempt to effect an assignment without County's prior witten consent sholl be deemed a default subject to the remedies provided herein. 9. 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, prcIp£rly authorized, executed and delivered by both parties hereto. _ This Agreement shall be interpreted as Q whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the. State of Florida. In th~ event it is necessary for either party to initiate legal action regarding this Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for Sf. Lucie County, Florida, for claims under state law and the Southem District of Florida for any claims which are justifiable in federal court. Y:\ClASSROOM ADDITION\OXBOW ECO-CENTER DONATION FINAL.DOC oxbow eco center 772-785-5834 p.l / / ~ .."J -{The remeil'lliief' sf P"98 i"1'Mfienall'f left bl4<1k.} IN WITNESS WHEREOF. the parties have executed or have caused this Agreement to be duly executed in several counterparts. each of which counterpart shall be considered an original executed copy of thi$ Agreement, ATIEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Aftor'My - WITNESSES: A/r/~a.J ?;. Á/lkÞ ,; ~~,~ ST. LUCIE AUl)U80N SOCIETY. INC. :ti"~i;:r:!P.b¡ A-A. ""?Ae:m~ ~ l~ Y:\CLA55ROOM ADDITION\OXBCW ECo-CENTER DONATION FINALDOC ¡/'" ~ ....., AGENDA REQUEST "\ .,~ ITEM NO. .,,-~"":> DATE: October 11, 2005 REGULAR PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Growth Management PRESENTED BY: -----/~ r---. ~ Assistant County Administrator ,~' ~ SUBJECT: Increase the Florida Commission for the Transportation Disadvantaged Planning Grant by $400 to $20,411 . BACKGROUND: The budget for the grant was originally estimated at $20,011 and subsequently approved for $20,411, per attached agreement FUNDS AVAILABLE: See attached Budget Resolution 05-377 PREVIOUS ACTION: none RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 05-377 to increase the budget for the Florida Commission for the Transportation Disadvantaged Planning Grant #001293-15101 for FY04/05. COMMISSION ACTION: NCE: DC] APPROVED [] DENIED [ ] OTHER: Approved 5-0 uglas M. Anderson County Administrator Management & Budget: Purchasing: County Attorney: (Ìì V/û Orig Dept: Central Services: heck for Copy only. if applicable) PWorks: Other: Anyone with a disability requiring accommodation to attend this meeting should contact the SI. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeling. '-' .J RESOLUTION NO. 05-377 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 Commission for the Transportation Disadvantaged in the amount of $20,411, which is an increase of $400 more than Ihe adopted budget of $20,011. 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 11 th 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 St Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 001293-15101-334491-100 FI Comm. for the Trans. Disadvantaged $400 APPROPRIATIONS 001293-15101-599330-100 Project Reserves $400 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 11th DAY OF OCTOBER, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ==================~=============--============--==============~-============= 088846 Fund: TDTF FM/Job No(s): 23705221401 750002 Function: 035 CSF A No. 55002 55 120000952 Contract No.: Àt:-JQ'\D Vendor No.:F596-000-835-011 SAMAS Approp: SAMAS Obj.: Org Code: =====---============--===========---==~======================::==---===== FLORIDA COMMISSION FOR THE TRANSPORTATION DISADV ANT AGED PLANNING GRANT AGREEMENT THIS AGREEMENT, made and entered into this _lst- day of CClÐŒr.,.;;µr.:(>--! , by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADV ANT AGED, created pursuanl to Chapter 427, Florida Statutes, hereinafter called the Commission St. Lucie Metropolitan Planning Organization. 2300 Virginia Avenue, Ft. Pierce, Florida 34982 hereinafter called the Grantee/Agency. WITNESSETH: WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to carry out responsibilities of the Commission which includes the function of the Designated Official Planning Agency and other responsibilities identified in Chapter 427, Florida Statutes or rules thereof; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purposé of Agreement: The purpose of this Agreement is to: Provide financial assistance to accomplish the duties and responsibilities ofthe Official Planning Agency as set forth in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, and the Application and Policy Manual for Transportation Disadvantaged Planning Related Services as revised on March 30, 2004; and as further described in this Agreement and in Ex.hibit(s) A, B, C attached hereto and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to provide financial assistance to the Grantee and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. 2.00 Accomplishment of the Project: 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement orto undertake the Project hereunder, or to observe, assume or carry out any ofthe provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Grantee will use its best efforts to enable the Grantee to provide the necessary funds for the completion of the Project. Planning Grant Agreemcnt 200412005 Form Rev. 3130104 Page] of 18 Page, '-" ...." 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial and operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement including those listed in Exhibit "C". Failure by the Grantee to provide such documents, or provide documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including termination. 2.50 IncoFporationbyReference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and provisions of Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida Administrative Code, the approved Planning grant application submitted by the Grantee, and the Application and Policy Manual for Transportation Disadvantaged Plamúng Related Services, as revised on March 30, 2004. 3.00 Total Project Cost: The total estimated cost of the Project is $ 20.411.00. This amount is based upon Ihe estimate summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost ofthe Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of $ 20.411.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B", whichever is less. 4.10· Eligible Costs: Planning Grant Funds, derived exclusively from the Tfansportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to undertake plamúng activities. 4.20 Eligible Project Expenditures: Project expenditures eligible for State participation will be allowed only from the date ofthis Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 17.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available; and d) Submission of all certifications, invoices, detailed supporting documents or other obligating . documents and all other terms of this agreement. 4.30 Front End Funding: Front end funding is not applicable. 5.00 Retainage: Retainage is not applicable. 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth Planning Grant Agreement 2004/2005 FQnn Rev. 3/30/04 Page 2 of 18 Pages ..- - '-' ...,; 51. Lucie County INTERNATIONAL AIR. AGENDA REQUEST ITEM NO. C-6A DATE: October 11,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITIED BY: Airport Diana Lewis SUBJECT: Change Order #1 - Dickerson Florida, Inc. for the construction of the Airport West Commerce Park at St. Lucie County International Airport BACKGROUND: In March 2005, the Board approved Contract Number C05-03-077 with Dickerson Florida, Inc., in the amount of$4,016,490.42, for the construction ofinfi'astructure improvements for the Airport West Commerce Park. Not included in the bid documents were materials and methods to provide erosion control. Change Order #1 includes a total of$24,516.80 to provide and install silt fence, floating turbidity barriers and hay bales. No additional time is requested. With Change Order #1, the total construction costs are $4,041,007.22. FUNDS AVAILABLE IN ACCT#: 140-4220-563000-48004, 140128-4220-563000-48004, 140322- 4220-563000-48004, 140327-4220-563000-48004 PREVIOUS ACTION: March 2005 award for $4,016, 490.42. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Change Order #1 for Dickerson Construction on the Airport West Commerce Park at the St. Lucie County International Airport, and authorize the Chair to execute the same. COMMISSION ACTION: ~APPROVED [ ]DENIED Approved 5-0 [ ]OTHER: Reviews & Approvals County AttorneY:~s OMB (<.tc,;ð ~ Purchasing Originating Dept: Other:· Other: Finance:(Check for op if applicable) . - '-' .."", .' SL LIJ{;/e COunty INTERNATIONAL, Wi·'í"Ið®å~'1~Ø&iSt. ..... /.:..·.'..·.:.;.:..·:·:.t':. n. '.-...... ... ....--..........-.--...'.'-. . .. . STAFF REPORT from To: St. Lucie County International Airport Board of County Commissioners . Diana D. Lewis, Airport Dire¿Jor'i::t/l~~~ September 30, 2005 Change Order #1 - Dickerson Florida, Inc. for the construction of the Airport West Commerce Park at S1. Lucie County International Airport From: Date: Subject: In March 2005, the Board approved Contract Number COS-03-0n with Dickerson Florida, Inc., in the amount of $4,016,490.42, for the construction of infrastructure improvements for the Airport West Commerce Park. Not included in the bid documents were materials and methods to provide erosion controL Change Order #1 includes a total of $24,516.80 to provide and install silt fence, floating turbidity barriers and hay bales. No additional time is requested. With Change Order #1, the total project costs are $4,041,007.22. Staff recommends that the Board of County Commissioners approve Change Order # 1, and authorize the Chair to execute the same. ¡ , CHANGE ORDER ST. LUCIE COUNTY\.i PROJECT: Airport West Commerce Park st. Lucie County International Airport ...¡, CHANGE ORDER NUMBER: 1 INITIATION DATE: 09128/0S CONSULTANT"S PROJECT NO.: 071378.07 TO Dickerson Florida, Inc. P.O. Box 910 Ft Pierce, FI 34594-0910 ST. LUCIE COUNTY CONTRACT NO: COS-D3-D77 CONTRACT DATE: 03/15105, NTP 03/18/05 You are directed to make the following changes in this contract "Erosion Control Measures· (Additional sheet attached as Exhibit A - ~ Change Order Item 1A - Silt Fence; 18.200 LF @ $1.12 per LF = $20.384.00 Change Order Item 1B - Floating Turbidity Barrier; 200 LF @ $7.26 per LF = $1,452.00 Change Order Item 1C - Hay Bales; 240 EA @ $11.17 per EA = $2,680.00 The original (Contract Sum) was Net change by previous authorized Change orders The (Contract Sum) prior to this Change order The (Contract Sum) will be (increased) by this Change Order The new (Contract Sum) including this Change order win be The Contract Time win be (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: 12/12/05 $ 4,016,490.42 $ $ 4,016,490.42 $ 24,516.80 $ 4,041,007.22 (0) Days Funds Available: Account Numbers 140-4220-563000-48004, 140128-4220-563000-48004 140322-4220-563000-48004. 140327-4220-563000-48004 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 intemJption 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 10 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. Recommended: 9~5LJ Architect/Engineer L.\ (;'j C. \¿pI\i'l \-<,(l ("\-\')..1 ¡" Î;.~~ J....Jp: ,', .)...!¿~ /¡ '.i ........,\.~. ~ V L \1v ," .........'1...,' A~rès~ \ . BY:))-';' {\l-\0¡::::~'d) Agreed To: ~ - 1:>\C.IL~bW çO\Z..\i>~ 1..,,)(. Approved: St. Lucie County Department ! . q i~.. f~.¡· .'JL-..- \ 1,f!6 v -' Date Address By Authorized St. Lucie County:2300 Virginia Ave., Ft. Pierce. FL 34982 Contractor ""ßc>')c q It> , ~. V\(.rc.c, fL 34'ìS"'-/. y,o- Address I .(Ii ~'''''--'---,- By: Date Approved as to Fonn and Correctness: ~(:.) ')¿j'\:/._:~j-._._--,- . ¡ ¡ - ~l !~_) g / L-"~~ By Date County Attorney '-.-' I ~ ..., St Lucie County INTERNATIONAL AIR AGENDA REQUEST ITEM NO. C-6B DATE: October 11, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Diana Lewis SUBJECT: Florida Department of Transportation (FDOT) Extension ofTime for Joint Participation Agreement, Access Roadways for Airport West Commerce Park BACKGROUND: This grant will fund the design and construction of the access roadways to the Airport West Commerce Park. Delays have occurred for this project due to issues with the design consultant and permit delays. The $800,000 FDOT grant is for 50% of road costs and was programmed to expire on December 31, 2005. A one year extension has been requested ITom FDOT to ensure that the project can remain grant eligible although the completion date for the project has been delayed. FUNDS AVAILABLE IN ACCT#: Funds are available in 140327-4220-563000-48004. PREVIOUS ACTION: December 2002 FDOT JP A $200,000 October 2003, FDOT Supplemental JP A additional $600,000. RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the extension of time until December 31, 2006, on the FDOT Joint Participation Agreement for the Airport West Commerce-Access Roadways project at the St. Lucie County International Airport, and authorize the Chair to sign the request for the one year time extension. COMMISSION ACTION: X]APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 R"';ew, & ÅJ!ProvaIB ~ C0.u~ty ~ttorneY::j)(~ OMB (?wD Purchasing Ongmatmg Dept: Other: Other: Finance:(Check for Copy only, if applicable) r '-'" ...,J St Lucie County INTERNATIONAL AIR. STAFF REPORT from St. Lucie County International Airport Date: Subject: Board of County Commissioners Diana D. Lewis, Airport Dire September 28, 2005 Time Extension for FDOT Grant for Airport West Commerce Park Access Roadways To: From: The Board of County Commissioners originally approved the Florida Department of Transportation (FDOT) Joint Participation Agreement in December 2002, for a roadway access project for the Airport West Commerce Park. This grant was a 50%-share, intermodal grant in the amount of $200,000. A Supplemental Joint Participation Agreement for $600,000 in additional funds (total of $800,000) was approved by the Board of County Commissioners in October 2003. The grant is to expire on December 31, 2005. Staff has requested that FDOT grant a one-year extension to ensure that the Airport West Commerce Park can be completed. Delays have occurred on the project due to issues with the design consultant and the delays in obtaining permits. Staff recommends that the Board of County Commissioners approve the one-year FDOT extension of time and authorize the Chair to sign the time extension. .' "'.. ~ .."". .JEl3 BUSH GOYEn",On Florida Department of Transportation DIRECTOR OF TRANSPORTATION DEVELOPMENT 3400 West Commercial Boulevard. Fon lauderdale. Florida 33309-3421 Telephone: (954) 177-4411; Fax: (954) 717-4197 Intemel Email: ~errv.ordllvú¡)dot.staleJl.lL. Toll Frœ Number: 1-866-336-8435 DE"iV¡'R .1. STUTLER. .lR. SECIŒT.\ln MEMORANDUM DATE: September 22, 2005 SUBJECT: Ms. Diana Lewis St Lucie Coooly InternationaJ Airport 3000 Curtis King Blvd. ~. Fort Pierce, FL 34946 ~ · Nancy A. Ziegler, District Modal Development Administrai~~7>( /~X · . . :; EXTENSION OF TIME-Joint Participation Agreement - St. Lucie International Airport-Access Roadways TO: FROM: FM No. 412313-1-94-01 Contract No. AM938 The time allotted for the completion of services on subject agreement dated December 31, 2005 and any supplementals thereto will expire on December 31. 2006. 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 30. 2006 for the following reason(s): (Use attachment if necessary) - There have been delays due to inefficiencies with consultants and delays waiting tor permit applicatIons to be approved. Agency: Sf. Lucie ComIty Board of County Commissioners Date: B\': Title: APPROVED: Date: District Project Manager Date: District Director Transportation Development WWW.dot.slole.tl.us '\ '-' ....., St. Lucie County INTERNATIONAL AIR. AGENDA REQUEST ITEM NO. C-6C DATE: October 11,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Diana Lewis SUBJECT: Termination of Lease Agreement with Platts Grove, Inc., effective May 1, 2006 BACKGROUND: The Board of County Commissioners approved the lease, which encompasses approximately 83 acres on the southwest portion of St. Lucie County International Airport, on December 17, 1990. The term of the lease was originally for twenty years effective October 1, 1990; however, early termination is possible with the mutual consent of the Lessee and Lessor. The subject property lies within the Airport West Commerce Park and is needed to complete the infrastructure construction. The Lessee has been contacted and is agreeable to the May 1, 2006, termination date. FUNDS AVAILABLE IN ACCT#: Nt A PREVIOUS ACTION: December 1990, lease approval RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the early termination of the lease with Platts Grove, Inc., effective May 1, 2006. Reviews & Approvals County Atto~ ~'" OMB Originating Dept:;6 Other: Finance:(Check (or Copy òñ y, if applicable) COMMISSION ACTION: ~APPROVED [ ]DENIED Approved 5-0 [ ]OTHER: Purchasing Other: '-' ~ STAFF REPORT from To: St. Lucie County International Airport Board of County Commissioners ..~ Diana D. Lewis, Airport Dir~~ September 30, 2005 Termination of Lease Agreement with Platts Grove, Inc., effective May 1, 2006 From: Date: Subject: The Board of County Commissioners approved this lease, which encompasses about 83 acres on the southwest comer of S1. Lucie County International Airport, on December 17, 1990. The property was originally used for citrus groves but was later changed to cattle grazing when the citrus crops could no longer be grown. The term of the lease was for twenty years effective October 1, 1990; however, the lease allows for early termination with the mutual consent of the Lessee and the Lessor. The subject property makes up a portion of the Airport West Commerce Park and is needed to complete the construction of the Airport West Commerce Park. Parker Platts, the Lessee, has been contacted and is agreeable to the May 1,2006, termination date. Staff recommends that the Board of County Commissioners terminate the Lease with Platts Grove, Inc., effective May 1,2006. '-" ....., LEASE AGREEMENT THIS IS A LEASE AGREEMENT, by and between the ST. LUCIE COUNTY PORT & AIRPORT AUTHORITY, a special taxing district ("LESSOR"), and PLATTS GROVE, INC., ("LESSEE"). In consideration of the mutual promises and covenants contained in this Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, certain real property located in st. Lucie County, Florida, which are more particularly described in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "premises" or the "leased premises"). 2. PURPOSE. Lessee agrees to use the premises for the growing of citrus crops. The use of the leased premises by the Lessee is speci:f:i.cally subject to the rules, regulations, and conditions promulgated by the Federal Aviation Administration or its successor agency or by st. Lucie County Port and Airport Authority, the State of Florida or any other federal, state, or local agency having jurisdiction over the operations of st. Lucie County International Airport and is further subject to the terms, conditions, and regulations imposed by the Lessor. 3. MUTUAL REPRESENTATIONS AND WARRANTIES. Lessee acknowledges that it has made, or had an opportunity to make, a thorough and complete inspection of the leased premises and is fully advised of its condition. Lessee fully accepts the leased premises in its present state of condition. Lessor warrants that Lessor has full authority to enter into this Lease. 4. DEFINITIONS. As used in this Agreement (and in any exhibits and addenda hereto) the following terms shall have the meanings set forth below: "Affiliate" means , with respect to either party to this Agreement, any person or legal entity that controls such party, or is controlled by such party, or is under common control with such party, with "control" meaning direct or indirect ownership -1- '-" "wIÌ of fifty percent or more of outstanding interests in terms of value or voting rights. "Agreement" means this Lease Agreement as it may be amended from time to time. "Annual Plan" has the meaning set forth in Paragraph 8 ( a) hereof. "Capital Budget" has the meaning set forth in Paragraph 8(c) hereof. "Event of Default" has the meaning set forth in Paragraph 16 hereof. "Fiscal Year" means an annual accounting period beginning on October 1 and ending on September 30 of each year except that the initial Fiscal Year shall commence on the commencement date and -, the final Fiscal Year shall end on the effective date of termination of this Agreement. A "full" Fiscal Year means a Fiscal Year containing at least 360 days, and a "partial" Fiscal Year means a Fiscal Year of lesser duration. AS used in this Agreement, the term "initial Fiscal Year" shall refer to the Fiscal Year commencing on the Commencement Date, whether it is a partial or full Fiscal Year. "Gross Operating Expenses" means, for any period, all costs and expenses directly incurred during such period in relation to the operation of the citrus grove, determined on an accrual basis in accordance with generally accepted accounting principles, including (without limitation) the compensation, fringe benefits, payroll taxes and expenses of employees of Lessee who render services at the grove, .costs of Inventories and Operating Supplies, ordinary and routine repair and maintenance expenses, utility costs, administrative and genera1 costs, premiums for operating insurance described in Paragraph 14 hereof, and 3,11 other costs and expenses which are specifically designated as "Gross Operating Expenses' under the terms of this Agreement. Notwithstanding the foregoing, "Gross Operating Expenses' shall not include any of the following: A. Costs of purchase, design, installation, construction or other acquisition of the improvements, equipment, and other capital assets; -2- '-' ...." B. Depreciation, amortization or other method of cost recovery for capital assets, the amount of any casualty loss (whether insured or uninsured), the amount of any deductible (or the self-insured retention) under any policy of property insurance described in Paragraph 14 hereof, and any loss upon the sale or other disposition of a capital asset; C. Taxes and Management Fees; D. Any other item, "Gross Operating Agreement. which is Expenses" specifically under the excluded terms of from this "Gross Revenue" means, for any period, all revenue, proceeds of sales, or income of any kind derived directly or indirectly during such period from any source at the premises over which Lessee has any direct or indirect responsibility under this Agreement, all determined on an accrual basis in accordance with generally accepted accounting principles. "Net Revenue" means gross revenue less ~gross operating expenses. 5. TERM; RIGHT OF EARLY TERMINATION. The term of this lease shall begin on October 1, 1990 (hereinafter referred to as the "commencement date"), and shall terminate twenty (20) years from that date. Delivery of the possession of the premises to Lessee shall be made on the commencement date of the lease. The Lessee shall have the right to terminate the Lease by giving the Lessor written· notice prior to December 1 of any year. In the event that Lessee notifies Lessor of its right to terminate the Lease, the Lease shall terminate on June 30 following the year notice is given. Lessee shall continue to maintain the citrus groves in accordance with the terms of paragraph 9 from the date notice is given until the Lease is terminated. The Lessor shall have the right to terminate the Lease as to all or any portion of the leased premises upon a determination by Lessor that the leased premises described in the notice of termination is needed for Lessor's airport operations. In the event that Lessor determines to exercise its right to terminate described in this paragraph, Lessor shall provide written notice to Lessee prior to December 1 of any year_ In the event that Lessor notifies Lessee of its right to terminate this Lease as to all or any portion of the leased premises, the Lease shall terminate as to the leased -3- '-" property included ....I in the notice of termination on September 30 following the year notice is given or sooner with the consent of the Lessee. Lessee's obligation to maintain the leased premises included in the notice of termination shall terminate on the date Lessee receives notice from the Lessor. 6. RENT. A. For Fiscal Years prior to October 1, 1992, the rent shall be: ( 1 ) As to the North 83 acre parcel as described in Exhibit "A", st. Lucie County shall receive the entire net profit from the grove operations through September 30, 1991 which shall be calculated by computing the gross income from the crop being harvested through June 1991, less operating expenses from February 1990 through September 30. 1991 and less forty-five thousand and 0/100 ( $45,000.00) dollars of the cost of the microj et irrigation system. St. Lucie County Port and Airport Authority shall receive fifty (50%) percent of the net profit from the period October 1, 1991 through September 30, 1992. (2) As to the South 78 a~re parcel as described in Exhibi t "A",· Lessee shall be entitled to the existing crop on the trees and wi~~ be responsible for all operating expenses of that crop which is assumed will be fully harvested by June 1, 1991. Lessor and Lessee shall share the net profit fifty percent/ fifty percent (50%/50%) as calculated by gross profit from the harvest through June 1. 1992 less operating expenses from March 1, 1991 through September 30, 1992 and less the proportionate portion of the Lessor's amortized cost of the microjet irrigation system. B. For Fiscal Years beginning on or after October 1, 1992, the rent shall be: (1) Minimum Payment Guarantee: Lessee shall pay a minimum annual payment of four thousand and 0/100 ($4,000.00) Dollars to the Lessor from the cOIlU1lencement date. in equal quarterly payments of one thousand and 0/100 IS1,000.00) Dollars. . (2) Percentage Fees: Lessee shall pay to the Lessor without billing, (1) or (2), whichever is greater: (a) The minimum quarterly payment of one thousand and 0/100 (Sl,OOO.OO) dollars. (b) Fifty (50%) percent. of net revenues. Lessee shall absorb and pay for any operating loss in any fiscal year. Ic) Payments for the net revenue shall be due and payable. in arrears, on or before October 31 of each year beginning October 31, 1991. (d) Lessee may use gross revenues to pay all expenses related to the citrus operations and allowed by this Lease. This includes but is not limited to daily operational and maintenance expenses, salaries and benefits, and capital improvements approved by the Lessor. Lessee shall not use gross revenues -4- '-' ...., to pay for non-citrus grove activities which include, but is not limited to, expenses related to the organization and continued existence of Lessee, costs of preparing financial reports for Lessee's activities, and any legal expenses incurred by Lessee for activities related to this Lease. Lessee shall not use any gross revenues to pay for legal expenses incurred to enforce or defend a breach of this Agreement. Costs will be computed using IFAS current rates for Indian River Citrus caretakers. (e) Gross revenues in excess of those needed for allowable expenses shall be placed in a separate account. Lessee may use the separate account to pay for allowable expenses during any month in which the gross revenues are insufficient to cover all allowable expenses for that month. The remainder of the separate account shall be allocated at the Lessor's discretion. Lessee shall provide Lessor with a duplicate copy of monthly bank statements. 7. REPORTS AND RECORDS. A. Lessee shall maintain during the term of this Lease all books of account, reports, and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to this Lease and all monies collected hereunder, not limited to gross receipts. The form of all such records and reports shall be subject to the approval of the Lessor prior to commencement of operations, subsequent recommendations for changes, additions, or deletions shall also be subject to the approval of the Lessor. B. On or before the twentieth (20th) day following the end of each quarter throughout the term of this Lease, Lessee shall furnish to the Lessor a report of gross receipts during the preceding quarter, on forms approved by the Lessor. This report shall be signed by Lessee certifying to the accuracy of such gross revenues. C. Lessee shall submit to the Lessor, within thirty (30) days following each twelve (12) month period of operation under this Agreement, a report prepared as to the correct gross receipts and expenses per year arising from Lessee's operations under this Agreement. The report due under this subparagraph shall, for the first reporting period, cover the period from October 1, 1990 through September 30, 1991. D. Lessee shall allow the Lessor or the auditors of the Lessor to inspect all or part of the compilation procedures for the aforesaid quarterly reports. Said inspection shall be at the sole discretion of the Lessor. B. ACCOUNTING AND BUDGETING SERVICES. A. Annual Plan. Not beginning April 1, submit to Lessor operation of the ("Annual Plan"). later than April 1 of each 1991, Lessee shall prepare a proposed annual plan for ci trus groves for such Fiscal The Annual Plan shall include: year and the Year (1) Lessee's reasonable estimate of Gross Revenue, Gross Operating Expenses, itemized in a reasonable manner (the "Operating Budget") together with the -5- '-' ...., assumptions (in narrative form) preparing the Operating Budget; utilized in (2) A budget of Lessee's recommended renewals, revisions, rebuilding, replacements, substitutions or improvements to the premise for the Fiscal Year which are of a capital nature (" Capi tal Budget"), including Lessee's reasonable estimates for the cost of designs, plans and specifications, material, labor (including installation), storage, consultants, travel, overhead, sales tax and freight; (3) A proposed maintenance program for the grove operations detailing specific cost items. (4) Any other matter deemed appropriate by Lessee or reasonably requested by Lessor. B. Approval of Operating Budget. Lessor and Lessee shall attempt in good faith to mutually approve the Operating Budget for each Fiscal Year during the ninety (90) day period following delivery of the Annual Plan to Lessor. Lessor shall not unreasonably withhold its approval of each Operating Budget (or any portion thereof) submitted by Lessee, and Lessor shall be deemed to have approved each Operating Budget submitted by Lessee except as to those portions to which Lessor specifically objects by written notice given to Lessee within ninety (90) days after delivery of the Annual Plan to Lessor. If Lessor objects to any part of a proposed Operating Budget within such period, and if Lessor and Lessee fail to resolve their differences prior to the commencement of the Fiscal Year to which such Operating Budget relates, the approved Operating Budget for such Fiscal Year shall consist of that portion of the Operating Budget approved (or deemed approved) by Lessor. C. Approval of Capital Budget. Lessor and Lessee shall attempt in good faith to mutually approve a Capital Budget for each Fiscal Year prior to the commencement thereof. Wi th respect to any portion of a: proposed Capi tal Budget, Lessor shall have the right to disapprove the same by written notice thereof given to Lessee within ninety (90) days after submission of the Capital Budget to Lessor. Lessor shall be deemed to have approved any and all portions of the Capital al Budget submitted by Lessee other than those which Lessor has disapproved by written notice to Lessee within such ninety (90) day period. The determination of whether specific costs are capital expenditures (includable in the Capital Budget) or operating expenses (includable in the Operating Budget) shall be made by Lessor. D. Implementation of Annual Plan. Lessee shall use reasonable efforts to operate the citrus grove in accordance with the then current Annual Plan, to achieve the results projected in the approved Operating Budget for each Fiscal Year, and to a=ange for the capital improvements, repairs, replacements, revisions and rebuilding contemplated under the approved Capital Budget. E. Purchase and Installation of Microjet Irrigation System. The parties agree that Lessee shall purchase and install a microjet irrigation system on those portions of the premises that are not currently irrigated by microjet irrigation system (North 83 acres and the West 1/2 of the South 78 acres). The parties agree that fifty 150%) percent of the total cost of the -6- '-" ...J microjet purchase and installation I estimated cost of ninety thousand and 0/100 (S90,000.00) dollars) shall be included as a gross operating expense during the first fiscal year (October 1, 1991 September 31, 1992) and that the remaining fifty (50%) percent shall be amortized over the next succeeding five (5) years, after which the Lessor shall be the full owner of the system. In the event that Lessor determines to terminate all or any portion of this Lease pursuant to the terms of Paragraph 5, Lessor agrees to pay Lessee a sum based on the cost of the microjet (as identified in this paragraph) system on the portion of the Lease premise that Lessor is seeking to terminate over a five ( 5) year amortization schedule beginning on the date the microjet system .is completely installed. No payments shall be due if termination occurs after the initial five (5) year amortization period. 9. REPAIRS AND MAINTENANCE. Lessee agrees at its expense to keep and maintain the leased premises, including grounds, fixtures and personal property in a good state of repair and oondition comparable ·to other excellently maintained citrus grove operations. Lessee agrees at its expense to make all repairs to the leased premises, and all other repairs that may be required to be made, and Lessee at its expense will keep the building interior, fixtures and equipment in a good state of repair, in good condition and at all times well painted. Lessee at its expense agrees to deliver to Lessor upon the termination of this Lease the entire leased premises in a good state of repair and condition, ordinary wear· and tear, and damage by the elements or by fire excepted. Lessee shall, throughout the term of this lease, assume the entire responsibility and shall relieve Lessor from all responsibility for all repair and maintenance whatsoever in the premises, whether such repair or maintenance be ordinary. Lessee shall keep the premises at all times in a olean and orderly oondi tion and appearanoe and all of Lessee's fixtures, equipment and personal property whioh are looated on any part of the premises which are open or visible to the general publio shall likewise be so kept and maintained. Lessee shall, at all times during the term of this lease, during the term of this lease take appropriate anti-erosion measures to prevent or restore erosion caused by Lessee, its agents, employees, or sublessees. In the event that Lessee fails in any material respect to so maintain, clean, repair the premises wi thin a period of thirty (30) days after notice from Lessor to do so, or -7- '-" ...",¡ fails in any material respect diligently to pursue to completion such repair or maintenance, then Lessor may, at its option, and in addition to any other remedies which may be available to it, repair or maintain all or any part of the premises included in such notice, and cost shall be payable by Lessee immediately upon demand of Lessor 10. OPERATING COSTS TAXES. Lessee agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs, including telephone, gas, electricity, water, sewer, and all other expenses incurred in the use and operation of the leased premises. 11. INSPECTION OF PREMISES. Lessor or its agents shall have the right to enter the leased premises and the buildings and improvements constructed on them at all reasonable business hours on twenty-four (24) hours notice for the purpose of inspecting the same, or for any other purposes not inconsistent with the terms of this Lease. Lessor shall use its best efforts to not disturb the rights or business operations of Lessee except in the event of an emergency. The exercise of any or all of the foregoing rights by Lessor shall not be construed to be an eviction of Lessee nor shall the same be grounds for any abatement of rental or grounds for any claim or demand for damages by Lessee against Lessor, consequential or otherwise. 12. APPROVAL OF CONSTRUCTION; INSTRUMENT LANDING SYSTEM (ILS). Prior to any construction upon the premises by Lessee, including any alterations, changes or additions, Lessee shall submit to Lessor complete building plans for such proposed construction, and prior to such construction, the written approval of plans must be given by Lessor, the st. Lucie County Building and Zoning Department and any other applicable government or agency. Lessee acknowledges that Lessor will install. an instrument landing system (ILS) on the premises sometime during the Lease term. Lessee consents to the installation of the ILS by Lessor or its agents on the premises and agrees to subordinate its rights under this Lease to the right of the Lessor or its agents to install and maintain the ILS. -8- '-' 'WI 13. LIMITATIONS ON AUTHORITY. Without Lessor's written approval in each instance, Lessee shall have no authority on behalf of Lessor to: A. Borrow money, guaranty the debts of any third person, or mortgage, pledge, grant a security interest in or otherwise encumber all or any part of the Premises; or, B. Institute or defend any legal proceeding, if such legal proceeding may reasonably be expected to result in a counterclaim being advanced against Lessor; or C. Enter into any lease, license or concession agreement concerning the premises; or D. Enter into service contracts hereof if such contract cannot be terminated, without penalty, upon notice of ninety (90) days or less; E. Purchase goods, supplies and services from itself or any of its Affiliates unless (i) expressly authorized in this Lease or (ii) the prices and terms thereof are competitive with those obtainable from unrelated vendors for similar quality goods, supplies and services; F. Pay bonuses or provide fringe benefits to those employees of Lessee unless such bonuses and fringe benefits are included in the Operating Budget or, prior to the payment thereof, are approved by Lessor; G. Incur any liabilities or obligations to third parties. All persons contracting with Lessee, or furnishing materials or labor to Lessee, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of the Lease. The parties agree to the following provisions 14. INSURANCE. pertaining to insurance: A. Worker's Compensation Lessee shall carry, maintain and pay for all necessary workman's compensation insurance in its own name, as required by law. B. Liabilitv Insurance The Lessee shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or pOlicies of insurance in a company or companies acceptable to the Lessor, protecting and insuring the Lessor against any and all of the foregoing with coverage limits of not less than $500,000 for bodily injury and property damage as a result of any single occurrence concerning Lessee I s operation of the leased premises. The described policies of insurance and all renewals of those pOlicies shall be delivered to and held by the Lessor. The insurance policy shall provide Broad Form Comprehensive General Liability coverage and it shall include personal injury; products and completed operations; and contractual liabili ty specifically insuring this Hold Harmless paragraph. The policy shall further name the St. Lucie County Port and Airport Authority as an additional named insured and shall -9- '-' 'wII provide a thirty (30) day notice of cancellation or non- renewal and a severability of interest endorsement. Evidence of the above must be provided to· the Lessor ten ( 10) days prior to taking possession of the premises subj ect to this lease. The Lessor may, as its sole option, accept a certificate of insurance in lieu of the policy. C. Damaqe or Destruction to leased cremises Except as otherwise provided in this Lease, if the premises or any part of them (including any leasehold improvements), shall be damaged or destroyed, Lessee shall, to the extent of the insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement,· and any excess insurance proceeds shall belong to Lessee. Any other terms or provisions of this Lease pertaining to repair, alteration, construction or reconstruction by Lessee shall be binding upon Lessee in repairing or reconstructing the leased premises. If such a substantial portion of the leased premises is destroyed so that Lessee determines that Lessee cannot reasonably continue to utilize the leased premises until the same are repaired 0= replaced, then Lessee may elect to either repair or replace the same, to the extent of the insurance proceeds available, or to abstain from repairing or replacing the same and to terminate this agreement, whereupon any insurance proceeds shall be paid to Lessor. 15. INDEMNIFICATION AGAINST CLAIMS. The Lessee is and shall be an independent contractor and operator, responsible to all parties for all of its acts or omissions and the Lessor shall in no way be responsible for such acts or omissions. The Lessee shall and will indemnify and hold harmless Lessor from and against any and all liabili ty, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected wi th the use, occupation, management, or control of the leased premises by the Lessee or its agents, servants, employees, customers, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Lessee or its agent, servants, employees, customers, patrons, or invitees, whether on the leased premises or surrounding area, or resulting from injury to person or property, or loss of life or property of any kind or nature whatsoever sustained during the term of this agreement, in or about the leased premises or surrounding area (except for injuries, damages or claims which are the result of the primary -10- '-' ....,¡ negligence of the Lessor and for which the Lessor is legally, 16. TERMINÄTION. directly, and primarily liable). A.· Events of constitute Lease: Default. "Events of The following events shall Defaul t" for purposes of this (l) (2) the failure of either party to pay any sum of money to thee other party when due and payable under the terms of this Lease if such failure is not cured within ten (10) days after the non-defaulting party gives written notice thereof to the defaulting party; the failure of either party to perform, keep or fulfill any of the other covenants, undertakings or obligations in this Agreement, or the breach by either party of any of its warranties under this Agreement if such failure or breach is not cured wi thin thirty (30) days after the non-defaulting party gives written notice thereof to the defaulting party; provided, however, that if such failure or breach is not capable of cure within such thirty-day period and the defaulting party commences to cure such default during such period and thereafter prosecutes such cure to completion wi th all due diligence, then no Event of Default shall exist unless· such default remains uncured after sixty (60) days after such ~~tten notice was given; (3) The filing by either party of a voluntary petition in bankruptcy under Title 11 of the United states Code or of any petition or answer in any other legal proceeding wherein either party seeks or acquiesces in any reorganization, or similar relief under any present or future federal or state law relating to bankruptcy, insolvency or other relief for debtors; (4) The entry of any judicial order, judgment or decree approving an involuntary petition filed against either party above if such order, judgment or decree remains unvacated for an aggregate of sixty ( 60) days (whether or not consecutive) after the date of entry thereof; (5 ) The filing of any petition or answer by Lessee in any legal proceeding seeking or acquiescing in the appointment of a custodian, trustee, conservator, liquidator or receiver without Lessor's acquiescence if such appointment remains unvacated for an aggregate of sixty (60) days (whether or not consecutive) . B. Termination Rights. Except as otherwise provided herein in Paragraph 5, this Lease may be terminated prior to the expiration of its term only upon the occurrence of one or more of the following events: (1) Upon any Event of Default, at the option of the non-defaulting party exercised by written notice of termination given to the defaulting party prior to the cure of such Event of Default; (2) Upon any transfer by Lessee of its rights and duties under this Lease which is not permitted. -11- '-' ...." C. Lessee's Duties upon Termination. Upon the expiration of the term of this Agreement, or upon the effective date of termination of this Agreement, Lessee shall: (1) As expeditiously and as reasonably possible and to the extent permitted by law, surrender and assign to Lessor any and all licenses, permits, and/or other governmental authorizations required for the operation of the citrus grove; (2) Deliver to Lessor any and all of Lessor's properties and assets within the possession of Lessor, including reservation lists, ledgers, bank statements for the Operating Account, accounting books and records, insurance policies. bonds and other documents, agreements, leases, and licenses required for the operation of the citrus grove; (3) Remit to Lessor the balance (if any) of the Operating Account and the Reserve Account, after computation and disbursements to Lessee of all accrued and unpaid amounts due Lessee under the terms of this Lease; (4) As expeditiously as reasonably possible, and deliver to Lessor the financial required under this Lease with respect final Fiscal Year. prepare reports to the 17. OWNERSHIP AT TERMINATION. All buildings, structures and fixtures of every kind now existing. or hereafter erected, installed or placed on the leased premises are the property of Lessor and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. A fixture is defined as an article which was a chattel, but which, by being physically annexed or affixed to the premises by Lessee and incapable of being removed without structural or functional damage to the premises, becomes a part and parcel of it. Nonfixture personalty owned by Lessee at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Lessee, and at the time of such expiration or earlier termination, Lessee at its option may remove all such personalty, provided Lessee is not then in default of any covenant or condition of this Lease; otherwise, all such property shall remain on the leased premises until the damages suffered by Lessor from any such default have been ascertained and compensated. Any damage to the premises caused by the removal by Lessee of any such personalty shall· be repaired by Lessee forthwith at its expense. lB. ASSIGNMENT AND SUBLEASING. Lessee may not sublet the leased premises, or any portion of those premises or assign any of its -12- '-" ...., rights or obligations pursuant to this Lease. Any attempt to effect a sublease or assignment shall be deemed a default subject to the remedies provided herein. 19. NOTICES. All notices required by law and by this lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: LESSOR: ST. LUCIE COUNTY AIRPORT DIRECTOR 2300 Virginia Avenue Fort Pierce, Florida 33482 LESSEE: PLATTS GROVE, INC. 2953 Seminole Road Fort Pierce, Florida 34951 or to such other address(es) as Lessor or Lessee may designate by writing to the other. The effective date of any notioe shall be the date that such notioe is received or refused. 20. SEVERABILITY. If any seotion, subseotion, sentenoe, clause, provision or part of this agreement shall be held invalid for any reason, the remainder of this agreement shall not be affeoted. 21. NONDISCRIMINATION. Lessee, in exercising any of the rights or privileges granted to it shall not on the grounds of race, color or national origin discriminate or permit discrimination against any persons or group of persons in any manner prohibited by Part 21 of the Regulations of the Secretary of Transportation. Lessor is granted the right to take such action, anything to the contrary in this Lease notwithstanding, as the United States may direct to enforce this nondisorimination oovenant. 22. SUBROGATION. Lessor shall have the option, without waiving or impairing any of its rights, to pay any sum or perform any act required of Lessee, and the amount of any suoh payment and the value of any suoh performanoe, together with interest, shall be seoured by this Lease, and shall be promptly due and payable to Lessor. 23. STANDARD PROTECTION CLAUSES. Lessor reserves the right to itself, its suooessors and assigns, for the use and benefit of the publio, a right of flight for the passage of airoraft in the airspace above the surface of the leased premises, together with the right to oause in the airspace suoh noise as may be inherent -13- ....... ""'" in the operation of aircraft, now known or later used, for the navigation of or flight in airspace, and for use of airspace for landing on, taking off from or operating on the airport. Lessee expressly agrees for itself, its successors and assigns to restrict the heights of structures, objects of natural growth or other obstructions on the leased premises, to such a height so as to comply with Federal Aviation Regulations, Part 77, or any other applicable state, federal, or local regulation. Lessee expressly agrees for itself, its successors and assigns to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. 24. INTEREST. All delinquent payments to Lessor shall bear interest at the rate equivalent to the periodic composite of current annual interest rates on five (5) year United States Government agency issues in effect as of the date of delinquency, but not less than ten percent (10%) per annum. Such interest shall be calculated from the due date after the expiration of any applicable grace period to the date of payment, on a daily basis, and will be due and payable when billed. 25. FORFEITURE. If Lessee shall fail to keep and perform any of the covenants, conditions, and agreements in this lease provided to be performed by Lessee, and such default is not remedied within the grace period provided elSewhere in this lease, Lessor shall have the right to treat such default as intentional, inexcusable and material, and Lessor, by notice in writing transmitted to Lessee, may at its option declare Lessee's interest under this lease ended and without further force. Thereupon, Lessor is authorized to re-enter and repossess the leased premises, and the buildings, improvements, personal property and crops located on them, either with or without legal process, and Lessee does in such event waive any demand for possession of the property, and agrees to surrender and deliver up the leased premises and property peaceably to Lessor. In the event of such forfeiture, Lessee shall have no claim whatsoever against Lessor by reason of improvements made upon the premises, -14- '-' ,..." rents paid, or from any other cause whatsoever. The provisions of this paragraph shall not be construed so as to divest Lessor, in the event of such default, of any legal right or remedy which it may have by statutory or common law, enforceable at law, or in equity. It is intended that the provisions of this paragraph shall afford to Lessor a cumulative remedy, in addition to such other remedy or remedies as the law afford a Lessor when the terms of a lease have been breached by a Lessee. 26. NONWAIVER. Failure of Lessor to insist upon the strict performance of any of the covenants, conditions and agreements of this lease. in anyone or more instances, shall not be construed as a waiver or relinquishment in the future of such covenants. conditions and agreements. Lessor shall be under no duty to relet the premises in the event of an abandonment or su=ender or attempted surrender or attempted abandonment of the leased premises by Lessee. Upon Lessee's abandonment or surrender or attempted abandonment or attempted surrender of the premises, Lessor shall have the right to retake possession of the leased premises or any part of them, and such retaking of possession shall not constitute an acceptance of Lessee's abandonment or surrender. 27. REMOVAL OF LESSEE'S PROPERTY BY LESSOR. If, under the terms of this lease agreement, Lessee is entitled to remove its property from the premises, but shall fail to do so on or before the termination or expiration of the term or on or before the termination or expiration of this Lease agreement for any other cause specified herein then Lessor may remove such property and retain the same in its possession, and may sell the same at public auction, the proceeds of which shall be applied first to the expenses of such removal and storage and sale, and the balance paid to Lessee upon the demand of Lessee, providing that the proceeds of such sale exceed the expenses of. such removal, storage and sale. 28. OUIET ENJOYMENT. Lessor covenants, warrants and agrees that Lessee shall be entitled peacefully to enjoy, to occupy and to possess the premises throughout the lease term wi thout -15- '-' ""'" interference, hindrance or molestation. Wherever this Lease requires Lessor's consent or approval such consent or approval will not be unreasonably withheld. 29. INTERPRETATION. This Lease constitutes the entire agreement between the parties with respect to subj ect matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. This Lease may be amended only by wri tten document. properly authorized, executed and deliverable by both parties hereto. This Lease shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 30. VENUE. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for st. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 31. DATE OF THIS AGREEMENT. Any reference in this Lease to the words "date of this agreement" or "date of this Lease" shall be deemed to be the date this lease is executed by the party last executing same. IN WITNESS WHEREOF, on this /71 h executed this Lease Agreement day of 19 91 . PLATTS GROVE, INC. #'" Æ' BY: ,:y~-7;7~, . :;¿-¿u <~, .-??-C/-G IN on this /7.f+-- day of Lessor has executed this Lease Agreement ~J0-N , 19Qo . ATTEST: ST. LUCIE COUNTY PORT AND AIRPORT AUTHORITY, a special taxing district ;, --/./ BY :- /;......../~.:- - __ ,CT'I~ l. ltxá-tU~ (/~ DEPUTY CLERK -15- '-'- STATE OF FLORIDA ss COUNTY OF ST. LUCIE ,."", EY BEFORE ME, the undersigned authority, personally appeared , being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that he executed said instrument for the purposes therein expressed on this day of 19_ My Commission Expires: Notary Public State of Florida -17- "" EXHIBIT "A" The North 1/2 of the Northeast 1/4, less the East 40.00 feet for canal right-of-way, less the West 54.00 feet for road and canal rights-of-way of Section 25, Township 34 South, Range 39 East. TOGETHER WITH: The South. 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Southeast 1/4, less the west 54.00 feet for road and canal rights-of- way of Section 24, Township 34 South, Range 39 East. All lying Florida. less.) and being in st. (Containing 83.15 Lucie County, acres more or -15- ~ - EXHIBIT "An '-' L-----¡---I i ....~".S.-'-~..",SF~~ I Sf}" _I'StJJ-# ~$£(.-f'- I~I I I~ . In ..vtt".~·/J"'E I) . "' ¡¡ '¡( ~Dð."A L" I .. ~ ", "- a ~ oS.-wh ....s...~ ~ .~ ~ : ., "$"''' ,.,51"'); g '" ' I f1) ~ I .;v 4' 'S4 "øz"¿ .. ... ~I ~I I~ "" JI~: ... ~ 0 ~ ~. ~ ~ ~ ~ ... ,'" t~ ~ ... ::. ~.~ ~ ." . ~ . ~} .' ...."'=:-:: ,- C·'· I-{ s..· i~ '" Nn·so·H-~ .1/ 'I' ~ .¡:o ~ ~ .~~ "I.- ....¡..., ~I~ t;1¡ ..I", ~'I~ ~~ Z411¡9 5E~rtO~ l.IN'l-.... 1.,~8. .,t)' . 2 S N4~øLð~ ..:.::.-" &'GC. ~$.5"'!f9-""- ~ø__'.~"#S .!IS,'S "'~. ~ - 130 r\"· ~ ::; ~ ~ <I ~ ~ :~ - - SKETCH .- - "' o - ~ .. \o¡ ~ ~. - 1_.... -",.' ·1 ì~ c.-.'" ~I-.. : ,..'.......I"h 2~Sð.ð'7· J-....t-'..I.Iwr_ \ \ OF DESCRIPTION 'Iba North , of the North{est J,¡, 1... the EaBt 40...00 feet for cat\ðl . right-ef-w.y, leBa the We~t 5;4.00 :feet for rœd and canal ric¡hte-of-vay of s.eti", 25, TÞwnahip 34 SWth, J\ang. 39 Ea.". .""""""'IOI'l1!. ':he South ~ of the Southwe~t 1¡ _of the South\.oe8t ~ of. the Sout.he&!:t 1.., 1.... the Heat 54.00 feet for rooð end canol righta-of-way of semon 24. :l<M>ahip 34 SOUth. 1IAng. 39 Eut. . All lying end being in St. Lucie COunty. FloridA. O:::I"J.t.I11.nirJg 63.15 eo:r"es mre or less. % ..., ~fr t;Nt:; u.. a.tcb...s 1.,.J. "-CrtpUcn ~ ~ -- ~ -....c ." ð1ÞCt.1œ an4 M:IP'£'Y~ MId ... ta. ard CICICnICC. CD t:M ÞMt oC ., ~¡,q. ana Wi.! and -.eta ~ aI.AI.aa 1aeM1ta1 ~ .. Mt s.ocua 111 n14 2lDoC aðI:p.Id b thI flcdðA IIoMd at: 1MoI ........... _w.'i.!1!....ot +,2,L .1>?0 ð//~ L', EJ-<:Á· ~,.~ n.,cIUDIr.~IO.)90 REVISIONS ¡:stIUII'TAON 0' R[VISION r.1., f'C. n ""Tt . . . .- .... .. . . i NOT .....D UNU" ~".OUI:O wrTM lEAL. Mtt,.AlU:Þ 'Oft, ST. L(JCI£ COUNTY .. ICA&..I' ¡Þ' =:.,,:,00' IDIt.AWN 8'11 M./K/ "'An Uu.'NI "-S.?o PM.,AltG IT' I WEATHERINGTON LAND SURVEYORS ; .. 407' VIR..IN.... ...V¡. FT. rIUC¡. flORID... 34'81 (..oTI45I-8084 ''''DTI n8-f¡3T8 nl1.D aooKI _ IX*oI"'I.ITE.R DIS!';',..., ¡.t-.tt'T I Of' Z .AOt- .... ... _ 1_ N. ~o-/8' I"".... No. //BZ9-A '. _. . . ,..,..l-rJ' . -'- ..- - '-' EXHIBIT "A" ~I~ ~:P :;~~ ~I; .. .'~ ..~ ....J'!:..1..!.9 25 It 30 HE Cðlt. .,:,/ .,. oS«. zS'·.J'i·S' \.1 ., ~l h'U_U .._"e.~r>.'':'__~'~~ Ne?-S&;"ðZ· ZS~.,. 20' ~ I I; ~ I.. ,.... ~ ..:; ~ J..-J.i¡. f.,^,~_ .., ~ N8'·~O'/"'··E "sse. 67' ~ ~Q .~ " ~ ~, I~ '" I".. ~ <)11) ';!... ~'" ~_..... " ... l'~'" .... ~ ~ ~ ~ i ::: ~ ~ \ ~ ... ~I ... 'I .' ~ ~ ~ l .. ~ CowrAM/S 78 $'5 "Co ,: ~ ,-:: ~ ~ o</8"~'~5'" r5&O.'S~' -I( , i i ; i , I ; I j ! I ì I 1 ( ¡ ¡ t ,I, .. II f, ¡ "'1 i\ \~ - ~-' ~...,' - .' , \ SKETCH OF O£SCR/PT/ON on.. South I¡ of· the North...t ~, 1... the East 40.00 teet for· eanal rlqht-of-vay, le61 the West 54.00 feet for road and canal righu-of-'WaY of Section 25. :rcr.manw 34 .South, 11=9" 39 Eut. All lyin9 enð being µ. 8t. LoIC1. O>\Inty. rlorlð6. - . . containing 78.55 acru tn:Xe or :).ess. ... ... . 1 ....." OW'tltr ttlAt ~ MaW'," an:S ltI9Ù o-c:rl,u.. MøwrI ~ .... CIOIIIPl.u4 ~ ~ ~ wid wpatVU1CWh MiS J.a U'\IIt MIS ~ to tha ...~ cat -r ~l~ ...., ..H.t a.nð ..w u. ~ t.eChI\1caJ. ~ .. ..to tCC"t1\ 1A Nl. 2JJDt-o.C .....-£ þt tM r*J.6I JIcrAnI of .... _. ..... W. I{.,Ii.o.y .t ··r L .. 19 <;0 . . ",,//-. L. B.-.d ~~ R..I-$. I'tÆm\ czetl"'ICAn to. 3UD ,. - - -. NDT w.&..ID UNS.U' r:...OU[ft wITH 'EA~ I REVISIONS fI1tt,..'U::D rOIl I ST. LOCI!i COUNTY' - ÞCse"I""'~ 01" IIt[V'.IOtI F,L, I"CL ft D4TC '. ~.. ..- '-'-~ . ItAl.l.1 /'."ç..&Jo' IDfII...WN. n'M./W IÞA.n. þJI...... "'-8.90 ,.M.".utUl n_ WEATHERINGTON LAND SURVI!YORS . -4D7S VltGIMI" "V(. FT. PIUC(. 'LORIÞ" 3-4..1 . ('107) UI-8D84 14011171-1)18 nÐ.D toOK1,- P,"UT£ft OISK!. _ T'Mm z Of' Z ...... --" -I"".... ,?o-liJ'1 ...·......I/SZ9-/I -- ........- .... . ... 5-'"" ') ... - ........ .. - - " ~ ., AGENDA REQUEST ITEM NO. C-7 DATE: October 11, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: DOWNTOWN JUDICIAL COMPLEX CHILLER PLANT EDLUND DRITENBAS BINKLEY ARCHITECTS AMENDMENT NO.2 TO #C03-08-520 BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: 315-1930-562004-16012 (Building-Architectural Service) PREVIOUS ACTION: On July 26,2005, Item No. C-10E, the Board of County Commissioners approved Amendment No.1, to Edlund Dritenbas Binkley Architects, #C03-08-520. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Amendment No.2, to #C03-08-520, Edlund Dritenbas Binkley Architects, for the services of Carter & Associates, Consulting Engineers and Land Surveyors, for additional engineering and surveying services for the Clerk of Courts Chiller Plant at a cost of $12,925.00 and authorize the Chair to sign this Amendment as prepared by the County Attorney. MISSION ACTION: [)t APPROVED [] DENIED [ ] OTHER: Approved 5-0 Do derson County Administrator County Attorney: Originating~C\A\U.~ Finance: (Check for Copy only, if Applicable) Jr Coordination/Signatures Mgt. & Budget: Purchasing Mgr.: Other: Other: Eft. 1/97 H,\AGENDA\AGENDA-83 EDLUND DRITENBAS AMEND NO. 2.DOC - --- ... ~ - ...... -..-.- - '-" ..." MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: October 11,2005 SUBJECT: DOWNTOWN JUDICIAL COMPLEX CHILLER PLANT EDLUND DRITENBAS BINKLEY ARCHITECTS AMENDMENT NO, 2 TO #C03-08-520 ****************************************************************************** BACKGROUND: On July 26, 2005, the Board approved Amendment NO.1 to #C03- 08-520, Edlund Dritenbas Binkley Architects, relating to Architectural Services for St. Lucie County Clerk of the Courts Building. Amendment NO.1 authorized additional work by the Architect for this project. Through Amendment No.2, with Edlund & Dritenbas, and as a reimbursable expense to the Architect, Carter & Associates, Consulting Engineers and Land Surveyors will provide additional engineering and surveying services relative to design and permitting of paving and drainage improvements at the proposed Clerk of Courts Chiller Plant. At a cost of $12,925.00 ($11,750.00 x 1.10 (Architect's compensation) = $12,925.00) they will provide: survey services, drainage design & permitting, right-of- way design & permitting and reimbursable expenses not contemplated as necessary in the original scope and therefore were not included in the scope. (Please see attached proposed scope of work). RECOMMENDATION: Staff recommends the Board of County Commissioners approve Amendment No.2 to #C03-08-520, Edlund Dritenbas Binkley Architects for the services of Carter & Associates, Consulting Engineers and Land Surveyors for additional engineering and surveying services for the Clerk of Courts Chiller Plant at a cost of $12,925.00, and authorize the Chair to sign this Amendment as prepared by the County Attorney. - ~ ~ - \w CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS ..., 1708;:¡ Isl STREET VERO REACH, FLORIDA 32060·3472 772·562-411. I 772-562,7180 (('AX) August 16,2005 MARVIN E. CARTER, P.S.M. PEAN F. LUETH.JE, P.E. (pI.' NC, JOHN H. BLUM, P.ß, FRANK S. CUCClrnESE, r.S.M. /}1\y1D E. LUETHJE, r.5.M. GEORGE SIMONS. P.E. STEVE SNOBERGBR, P.E!. PATRICK S. WALTHER, P.E. Mr. Paul Dritenbas Edlund, Dritenbas, Binkley Architects & Associates, P.A. 65 Royal Palm Blvd. Vero Beach, FL 32960 Re: St., i.ucjè County. Cièrk of Côurts ChiÜerflanf ... . ' Indian River Dtive Engineering and Surveying Services CAI Project # 05-76E Dear Paul: Weare pleased to present this proposal for engineering and surveying .seiviçesrèlative to design and permitting of paving and drainage improvements at the proposed' Clerk.ofCourts Chiller Plant. The following describes om proposed scope of work· and terms or~greérnent between Carter Associates, Inc. (CAl) and Edlund, Dritenbas, Binkley Architects. and AssÞciates, PA (Architect): . ,'... . . Survey Services $"" 1,750.00 CAr will perform a specific purpose survey to include locations of adjacetit'édstil1!fbuìldings, parking lots, cross,sections, and spot elevations of sufficient detail fû't"desigrt of-grading and drainage improvements for the proposed chiller plant and parking lot ini.provemeIits: . Drainage Design &. Permitting .. . $' ... 7,000.00 CAl will prepare paving, grading and drainage design, drawings, details and 'specifications including design of required stormwater management retention improvements. A stormwater report with flood routing analysis will be prepared and will conform to South Florida Water Management District (SFWMD) and City of Fort Pierce (CFP) stomlwater permit requirements. CAl will coordinate with these agencies through the permitting process. In addition, CAI will provide inspection services of the paving and stormwater improvements during construction and will provide as-built surveys and certifications upon completion of construction. N,\JHB\PROPOSAL\ClerkCourts-Chiller.doc Page 1 , ~ A I Selving Florída ~Eiiice 1911 I ©2005 by CAI "",. ...., ,. . Rigbt-oC-Way Design & Permitting $ 1,500.00 CAI win prepare application documents and submit for CFP right-of-way permit for the driveway connection to Boston Avenue. CAI will coordinate with CFP through the permitting process and provide certifications upon completion of construction. . Reimbursable Expenses .. $ 1,500.00 Included are permit application fees and expenses such items as postage, long distance calls, mileage, fax transmittals, blueprints, vellUm, etc. Engineering and surveying fees for tbe above described services are $ 11,750.00, inclusive of aU permitting fees and reimbursable expenses. ENGINEERING ASSUMPTIONS: In developing this proposal, CAI represents to the Architect that the following assumptions have been made and that deviation from these assumptions may require additional expenditures on behalf of the Architect to CAl. 1. Survey shall be based upon Owner provided legal description. No abstracts for potential ownership conflicts are included in this scope. 2. It is assumed the Architect will submit necessary site plan (geometry, site data, landscape plan, etc.) to the local pennitting agencies for approval and CAl win provide only the drainage plans and specifications. 3. There are no wetlands or environmentally sensitive areas that will be affected by the proposed improvements. 4. It is assumed soil testing will be provided by the Architect. 5. Specifications for site work shall be provided to the Architect in CArs [annat. GENERAL CAI will bill the Architect monthly on a time and materials basis, per the attached Hourly Rate Schedule, not to exceed the estimated amount of $ 11,750.00, inclusive of all costs. If additional services are required outside this scope, then separate authorization will be required.. If you have any questions regarding our proposed scope of work or terms of agreement, please call.me at your convenience. Our receipt of a signed copy of this agreement will serve as our notice to proceed. N: \JHB\P!WPOSAL\ClerkCourts - Chiller. doc Page 2 ©2005 by CAr - 1 '-" Sincerely, RTER ASSOCIATES, INC. t+- PI----. Attachment (Hourly Rate Schedule) N,\JHB\PROPOSAL\ClerkCourts-Chiller.doc ©200S by CAI '-' Agreed to and Accepted by: EDLUND & DRITENBAS, P.A. Paul Dritenbas, ALA Date Page 3 serving Flori(\~ Since 1911 ~ '-' CARTER ASSOCIATES, INC. AUf:ust, 2005 RATE SCHEDULE Engineer I (Principal) Engineer I (Registered) Engineer II (Registered) Engineer ill - EIT Engineer Technician Surveyor I (Principal) Surveyor I (Registered) Surveyor II (Registered) Survey Crew (4 Men) Survey Crew (3 Men) Survey Crew (2 Men) GPS RTK Survey Crew (3 Men/3 Units) GPS RTK Survey Crew (3 Men/2 Units) GPS RTK Survey Crew (2 Men/2 Units) CADD Technician Secretary/Word Processor Inspector Recording and Pennit Fees Materials Travel Sub-consultants Reimbursable Expenses: Postage, Long Distance Calls, Federal Express, etc. Blueprints Mylar Photocopy (8.5" x 11") Photocopy (8.5" x 14") Photocopy (11" x 17") These fees shall be renegotiated on an mmua] basis. ©2005 By CAr N:\JH8\PROPOSAL\ClerkCourts-Chiller.doc $ 150.00/hr. $ 1 25.00/1rr. $100.001hr. $80.001hr. $75.001hr. $150.00/hr. $125.001hr. $110.001hr. $ 138.00/hr. $ 125.001hr. $113.001hr. $150.00/hr. $ 140.001hr. $127.001hr. $65.00/hr. $40.00/hr. $57.00/hr. Cost + 10% Cost $O.35/mile Cost + 10% Cost $0.25/S.F. $1. 75/S,F. $0. 15/ea, $0.25/ea. $O.35/ea. ..., Serving Plorj(Ja SJncc 1!JIJ '-i' ,., ITEM NO. 8A DATE: 10/11/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker. Purchasinq Director SUBJECT: Sixth Amendment to Contract No. COO-11-124 with Aquagenix. BACKGROUND: See attached memorandum. FUNDS AVAilABLE: Contract Services - Account #101003-4108-534000-400 PREVIOUS ACTION: On August 23, 2005 the Board of County Commissioners approved the Fifth Amendment to the contract exercising the first one-year renewal option. RECOMMENDATION: Staff recommends approval of the Sixth Amendment to Contract COO-11-124 with Aquagenix, and authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: E: k) APPROVED () DENIED ( ) OTHER Approved 5-0 DO ANDERSON COUNTY ADMINISTRATOR County Attorney ( X) )::/ I Coordi nation/S iQnatures Mgt. & B"dget (X)4r'in~ P"coh.';09 (X) Other ( ) Other ( ) /7 MtI<U Originating Dept. ( ) Finance: (check for copy, only if applicable)_ ,. ......... BOARD OF COUNTY COMMISSIONERS ..,j PURCHASING DEPARTMENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director ~ f Date: October 5, 2005 Re: Sixth Amendment to Contract No. COO-11-124 with Aquagenix. ******************************************************************************************************** Backç¡round: On November 12, 2002 the Board of County Commissioners approved, pursuant to bid No. 02- 118, a contract for Aquatic Vegetation Control of Drainage Right-of-Ways, Waterways, Lakes, Ponds and Water Retention Areas for the Road & Bridge Division. The initial contract period was from November 12, 2002 through and including September 30,2005 with two (2) one-year renewal options. St. Lucie County exercised the first one-year renewal option. Staff is now requesting authorization to add two additional sites, remove one site and change the total contract amount not toe xceed $57,000. This increase w ill a How for a dditional applications during the contract year due to conditions and/or un-anticipated circumstances beyond St. Lucie County's control. -. '-' -....1 C02-11-124 SIXTH AMENDMENT TO NOVEMBER 12, 2002 CONTRACT BETWEEN ST. LUCIE COUNTY AND AOUAGENIX THIS SIXTH 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 AOUAGENIX (A division of DeAngelo Brothers, Inc.) or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on November 12, 2002 the parties entered into a contract to provide Aquatic Vegetation Control of Drainage Right-of Ways, Waterways, Lakes, Ponds, and Water Retention Areas; and, WHEREAS, on January 14, 2003 the parties executed the first amendment to the contract adding an additional location (Longwood Estates); and, WHEREAS, on October 14, 2003 the parties executed the second amendment to the contract adding an additional location (Orange Avenue); and, WHEREAS, on November 4, 2003 the parties executed the third amendment to the contract assign an additional location (Savannas Recreation Area); and WHEREAS, on December 9, 2003 the parties executed the fourth amendment to the Contract to add another additional location (Pony Pines Lake); and WHEREAS, on August 23, 2005 the parties executed the fifth amendment to the Contract to exercise the first one-year renewal option and accept the allowed annual increase; and WHEREAS, the parties desire to further amend the contract to add two additional locations (Picos Road and Feather Creek Drive), remove one location (Pony Pines Lake), and increase the contract to Not to exceed $57,000. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 7. CONTRACT PAYMENT shall be amended to read as follows: 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total amount in current funds being: $24,478.32 (Twenty-Four Thousand Four Hundred Seventy-Eight and 32/1 00 dollars) for the first year of this contract, $37,076.85 (Thirty-Seven Thousand Seventy-Six and 85/1 00 dollarsl per year for the second and third years ("Initial Contract Term") for a total of $98,632.02 (Ninety-Eight Thousand Six Hundred Thirty-Two and 02/1 00 dollars). Contract Payment for each of the two (2) one- year renewal options, if exercised, will not exceed $57,000.00 (Fifty-seven 1 .. ~ ..." C02-11-124 thousand and 00/1 00 dollars) per year. See the attached Schedule #1 for a detailed breakdown of the charges. '-' The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 2. Schedule #1 for Bid #02-118 Aquatic Vegetation Control Services, of the Contract is hereby amended hereto and made a part hereof as Amended Schedule #1. 3. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. 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I'- N o .,., 00 ,..: '" .... ill ~ ::;; ¡:: if) ill " .. ro OJ è ro o l- t: OJ E "0 C OJ E « ..c:: x iJj >. ro E (f) C o ~ .~ 0. 0- « '+- o ... w ..c E :J Z (f) W :;:; ~ ro 5-2 '+- ~ o C OJ 8 2 (f) §Þ ... C ro :J :J 0 OJU g .~ .~ §5 OJ....! a,u5 .r::. f-" C ~ g. ro OJ ~..c ... (f) W W 0.. g (f) ro Coo o E :æ ::J .!:2 ~ ..: 8: T5 ro «~~ ~ãj(¡) ~ c. ~ ro ·0 ~ E·- 0 ._ "E 0 û)COQ Weo (f):J~ ~~t;:; .r::.,,~ (f)C" ~ ro w : : ; (f) W ~ § ~ -5EOJ Q)"OÕ .r::. § C ~ U os: -c.8::> OJ Q) 1:5 " :J ro 53"C-E E W 0 «~U (fJ ~ .~ :.ëÜ...c f-£f- ~< '-' ~ ITEM NO. 8B DATE: 10/11/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: ED PARKER, DIRECTOR SUBJECT: Bid #05-101- Construction of a Storage Building at Lawnwood Recreational Complex- Reject All Bids. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends rejecting all bids for Bid #05-101- Construction of a Storage Building at Lawnwood Recreational Complex. COMMISSION ACTION: CE: Approved 5-0 OC) APPROVED () DENIED ( ) OTHER County Attorney (X) c:t ¡.../<t Coordination/Si~matures \ I Mgt. & Budget ( ) tiv ß fv\~ Other ( ) Purchasing (X) /J G/I/ Originating Dept. ( ) Other ( ) finance: (check for copy, only if applicable) ~ , ~ ....I PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Ed Parker, Purchasing Director #1 ( DATE: October 3, 2005 RE: Bid #05-101 - Construction of a Storage Building at Lawnwood Recreational Complex - Reject All Bids. On September 14, 2005 bids were open for Bid #05-078 - Construction of a Storage Building at Lawnwood Recreational Complex. Eight hundred and twenty (820) vendors were notified, six (6) documents were distributed, and two (2) responses were received. All bids exceeded the budget for the project (see attached email). Staff recommends rejecting all bids for Bid #05-078 - Construction of a Storage Building at Lawnwood Recreational Complex. EP/jc \ '-' ...." BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR Tabulation Sheet - Bid #05-101 Construction of a Storage Building at Lawnwood Recreational Complex Central Services Department Opened: September 14,2005 Hennis Construction Port St Lucie, Florida Fax: 772 464-4114 Spades Contracting Corp. Melbourne, Florida Fax: 321 757-8423 Price for site work, including clearing, fill grading, compacting and construction of building excluding exterior concrete atwork: Price for exterior flatwork including sidewalk and concrete drive: otal Base Bid: $143,000.00 $165,660.00 $3,500.00 Number of Companies Notified*: 820 Number of Bid Documents Distributed*: 6 Number of Bids Received: 2 *per demandstar.com JOSE?H E. SMITH, District No.1' DOUG COWARD, District No.2. PAULA A LEWIS, District No.3. FRANNIE HUTCHINSON, Cistrict No.4' CHRIS CRAFT, District No 5 County Administrator- Douglas M. Anderson 2300 Virginia Avenue - Fort Pieroe, FL 34982-5652 - Phone (772) 462-1700 ~ TOO (772) 462-1428 website: www.co.st-luCÎe.fI.us '" '-' .." Page 1 of 1 Edward Parker - Re: Bid #05-101 From: To: Date: Subject: CC: Guy Medor Parker, Edward 10/3/20053:52 PM Re: Bid #05-101 Barton, Linda _._-- --"-'---'--"-" .-.. '-,---"--~'--"-' ----~-_._..._--_.__._._.__...,-- ------.-....~--,- Ed: The original email should have read "reject all bids" instead of just "Hennis Construction". Guy »> Edward Parker 09/30/052:38 PM »> Will do. Ed Parker, CPPB Purchasing Director St. Lucie County 2300 Virginia Avenue Fort Pierce, FL. 34982 (772) 462-1700 fax: (772) 462-1294 »> Guy Medor 09/30/05 2:25 PM »> Ed: Bid #05-101 to construct the recreation storage building at the Lawnwood Complex was recently advertised, and Hennis Construction is the only respone at $150K. Recreation's budget for this project is only $75K. After we met to discuss the costs, staff decided to go in a different direction. At this point, we do not have sufficient funding to move forward. Please proceed and reject the bid from Hennis Construction. Thanks, Guy X2551 file:! /C :\Documents%20and%20Settings\Administrator\Local%20Settings\ Temp\GW} 000... 10/3/2005 .. y ...J ITEM NO. 8C DATE: 10/11/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER, DIRECTOR SUBJECT: Award Bid #05-103 - Demolition of Interior and Abatement of Materials - Old Court House BACKGROUND: Please see the attached memo. FUNDS AVAILABLE: Hurricane-001-1930-562000-FE003C Insurance Deductible-50500 1-1905-545200-190026 (Frances) Insurance Loss -505001-1905-545020-190026 (Frances) PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends awarding Bid #05-103 - Demolition of Interior and Abatement of Materials - Old Court House to the low bidder, DPC General Contractors, Inc., for a total amount of $450,000 and that the Board grant permission for the Chairman to sign the contract as prepared by the County Attorney. Approved 5-0 o ANDERSON COUNTY ADMINISTRATOR COMMISSION ACTION: ~ APPROVED () DENIED ( ) OTHER County Attorney (X) v~- coordination/Siqnatur.~ A. Mgt & Budget (X) (t I(¥'v~ Other ( ) Purchasing (X) /J 6Ir Originating Dept ( ) Other ( ) Finance: (check for copy, oniy if applicable)_ ~ '. BOARD oF--' COUNTY COMMISSIONERS """" PURCHASING DEPARTMENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director Gl.f Date: October 3, 2005 Re: Bid #05-103 - Demolition of Interior and Abatement of Materials - Old Court House ******************************************************************************************************************* BACKGROUND: On September 7,2005 bids were opened for Bid #05-103 - Demolition of Interior and Abatement of Materials - Old Court House. Nine hundred twenty-three (923) vendors were notified, fifty (50) documents were distributed, and nine (9) responses were received. Staff recommends awarding Bid #05-103 - Demolition of Interior and Abatement of Materials - Old Court House to the low bidder General Contractors, Inc. for a total amount of $450,000 and permission for the Chairman to sign the contract as prepared by the County Attorney. " . zzz 3 § § O"D-G- ~ g; ~ -0 ~ o ( ) 3 <J] :J 0. 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'"' ;JJ .g () mOJO :::1=;"3 <0-0 "'-- orn~ ""0 c o' m =..: ::J :J «J õ;' ~ <nQCJ c:: -. (t¡ :J [0 :3 _ ;::;.: g a ~ ~ ~ ~ õ' ~ :::r- 0 ...., ffi.~ "" '" :>;i ~ §': o CD - 0. o "D CD :J CD 0.. (f) CD ü ro :3 v CD --, -..¡ N o o 01 9l. :--? w o u :3 rn 0.. '!:!: o Ü1 , ---' o w o CD :3 º- .-+ o' :J o ..." -ì ill v C ~ o· :J (J) ::T CD CD .-+ :;:¡ ro --, o· --, ill :J 0.. :P- o- ill ro :3 CD :J .-+ o ..." $: ill ro :J. ill (j) o 0: o o c ;:¡. I o c CD \r' ....J MEMORANDUM DEPARTMENT OF CENTRAL SER VICES TO: Ed Parker, Purchasing Jess Baxley, Central Services ~ October 3, 2005 () FROM: DA TE: SUBJECT: Bid No. 05-0103 ****************************************************************************************************** ::d would you take the low bidder dcp General Contractors, Inc. to the Board for approval on Bid No. 05-0103, Interior Demolition and Abatement of Hazardous Materials, The Old Court House. Attached is a letter clarifying their bid? ..'; ~ ~ \...., .--...., ;::2 ~ ! LV - 1-':; ''-.;; :;:.:,:... ~~... 9 1'0 co -< .. Sep,30, ¿005 1:,-, dpc general contractors fNVIRONMENTAL CONT~ACT{N(; ASBESTOS · LEAD· HAZARDOUS MATERIALS. UST . SOIL REMEDIATION ~.4625 P.2 GENERAL CONTRACTORS, INC. 1860 NW21 Terrace, Miami, Rorida 33142 (305) 325-0447 Fax (305) 325-8016 (800) 488-0447 September 3D, 2005 Mr. Jess Baxley Purchasing Department ST. LUCIE COUNTY, FLORIDA 2300 Virginia Avenue, Room 228 Fort Pierce. Florida 3492 RF Interior Demolition and Abatement of Hazardous Materials OLD COURT HOUSE 220 South Indian River Drive Fort Pierce. Florida Dear Mr Baxley.: I hereby submit the fol/owing to further clarify our bid for the above referenced project. The line item on Our bid form; Asbestos Abatement in the amount of $365. 00000 includes aI/ demolition as specified in the bid documents Piease contact me jf you have any question or need any additional information. Cordially, ~NTRACTORS' INC OD. Sever Pn~sident o DS/kh Branch Office 250 Alizona Avenue, Buifdlng A. Atlanta, Gsorgla30307! (404) 373-û561 Fax (404) 373-7720 (800) 676-0561 .. '-r' .".rJ Page 1 of 1 Edward Parker - Funding for Courthouse Demolition From: To: Date: Subject: Cynthia Harnage Parker, Edward 9/27/2005 1:25 PM Funding for Courthouse Demolition ~-,--_..,-_.-_.--.. "-"^,- ~.- ,.--...,--..-.... .-.-.,-".-- --.-.--...--. Kim and Diane gave these numbers for the courthouse demolition, Hurricane - 001-1930-562000-FE003C Insurance Deductable - 505001-1905-545200-190026 (Frances) Insurance Loss - 505001-1905-545020-190026 (Frances) file://C:\Documents%20and%20Settings\Administrator\Local%20Settings\ Temp\GW} 000... 9/27/2005 "w' cµ\ - \ q3D- 53~ooo~~t: 00 K - ~~CL + If¡ SU(¿L>1Œ ?rùw6s - "" ITEM NO~D DATE: 10/11/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER. DIRECTOR SUBJECT: Award Bid #05-105 - FRP Glide Slope- Runway 9 Replacement BACKGROUND: See the attached memo. FUNDS AVAILABLE: Account #140340-4220-546000-400- _ Equipment Maintenance/Hurricane Repair Grant PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board award Bid #05-105- FRP Glide Slope- Runway 9 Replacement to Signal Connections for a total amount of $54,500 and grant permission for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: (')Ð APPROVED ( ) OTHER ( ) DENIED Approved 5-0 DO ANDERSON COUNTY ADMINISTRATOR County Attorney (X ) ~/ Coord i nation/S iqnatures MgL & Budget (X ) P-\..v0 vf'I\~ Purchasing (X)~ ~ Other ( ) Other ( ) Originating DepL ( ) Finance: (check for copy, only if applicable) ~ BOARD OF '-' COUNTY COMMISSIONERS ~RCHASING DEPARTMENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director &If Date: October 3, 2005 Re: Bid #05-105- FRP Glide Slope- Runway 9 Replacement ******************************************************************************************************************* BACKGROUND: On September 28, 2005 bids were opened for Bid #05-105 - FRP Glide Slope- Runway 9 Replacement for the St. Lucie County International Airport. Six hundred eighty-eight (688) vendors were notified, seventeen (17) documents were distributed, and three (3) responses were received. Staff recommends that the Board award Bid #05-105 - FRP Glide Slope- Runway 9 Replacement to Signal Connections for a total amount of $54,500 and grant permission for the Chairman to sign the contract as prepared by the County Attorney. EP/jc '-' ...., BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR BID #05~105 - FRP GLIDE SLOPE - RUNWAY 9 REPLACEMENT TABULATION SHEET AIRPORT DEPARTMENT BID #05-105 OPENED ON SEPTEMBER28, 2005 AT 3:00 P.M. SUBMITTALS WERE RECEIVED FROM THE FOLLOWING COMPANIES: Company Total Base Bid Breakdown Signal Connections Glideslope Mark 20A w/Unique $42,7 Hobe Sound, FL. $54,500.00 Spare Fax: (772) 545-1042 Installation Cost $11,7 MK20A Glidescope SE SF System ~ --I 28.00 72.00 Florida Industrial Electric Altamonte Springs, FL.J. Fax: (407) 331-3623 w/Unlque Spare (Includes $76,72448 installation Labor Milage/Per Diem $169.59500L No 9."kdo,"" G;'eo $01 ,462.20 :Robinson Aviation (RV A), Inc. Oklahoma City, OK. Fax: (405) 840-3772 $10,323.21 $4,939.07 j NUMBER OF COMPANIES NOTIFIED*: NUMBER OF BID DOCUMENTS DISTRIBUTED*: NUMBER OF BIDS RECEIVED: *per demandstar.com 688 17 3 JOSEPH E. SMITH, District No1 . DOUG COWARD, Distr:ct No.2, PAULA A. LEWIS, District No.3. FRANNIE HUTCHINSON, District No.4. CHRIS CRJ'..Fï, District No.5 CountyAdministrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652- Phone (772) 462-17DO - TOO [172) 462-1428 website: \N'N'N.co_st-iucie.fI.us '-" -...I ...:.,'..:.:.:.:.....:.,-,_.:._.:.:..,-.:. ....,.'............'..,...-.-.-.-,-.-. .---,...,--.,...,-....-.... ...-.-.....-'.....'.............,..-.......,... ......,.....,......,.....----...'. INTERNATioNAL A;=;~¡~~¡'¡,.,.·,,:.:.:..·,.',.',.',.:',.'.,:1,.,11"..,.:.,:1,:.'.,.:[".".,:.[,.:"".,.,...",.:.'.."i.·,.i,·,...·,.i.·."..·".:i,:i,.:·,:.~,.:l,:.:.i,i.....[:.:,.i.'.·"I.·.\,.:,.,·,,[,.',,i,.:":¡".·.".r..'.·.".",...,,."'.",... 6âÊ1Qr¡aªt$Tfßß$µ~çQª§t\ , :' ,..~': :. Memorandum To: Ed Parker, Director of Purchasing ./ l From: Diana Lewis, Airport DireC(!Qr-·----"1'~2~¿~ Date: September 30, 2005 Subject: FPR Glide Slope for RW 9, Bid #05-105 I have evaluated the three bids that were received on September 28, 2005. The three bids are provided in the table below. Bidder Amount Bid Signal Connections $54,500.00 Robinson Aviation (RVA), Inc. $76,724.48 Florida Industrial Electric, Inc. $169,595.00 From my review of the bids, the lowest, responsive bidder is Signal Connections. It is my recommendation that the contract be awarded to them. Please let me know if you have any questions. I will prepare the agenda report for the Board. cc: Barbara Churchill Edie Powell 09-30-C5P02:27 RCVD - y ITEM NO.~ DATE: 10/11/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: ED PARKER, DIRECTOR SUBJECT: Award Bid #05-112 - Purchase of Baling Wire BACKGROUND: See Attached memo. FUNDS AVAILABLE: Solid Waste Operating Supplies Account No: 401-3410-552000-300 PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends that the Board award Bid #05-112 - Purchase of Baling Wire to Calvert Wire, Granite Falls Furnace and grant permission for the Chairman to sign the contract as prepared by the County Attorney. ()() APPROVED () DENIED ( ) OTHER D ANDERSON COUNTY ADMINISTRATOR COMMISSION ACTION: Approved 5-0 County Attorney (X) .'1 l;¡ vi ~......../~ Coordination/Siqnatu res Mgt. & Budget (x£Jfvfh® Other ( ) Purchasing (X) d/~ Originating Dept ( ) Other ( ) Finance: (check for copy, only if applicable)_ -~ . BOARD OF \w' COUNTY COMMISSIONERS -,..6 RCHASING DEPARTMENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director 6;\ f Date: October 4,2005 Re: Bid #05-112- Purchase of Baling Wire ******************************************************************************************************************* BACKGROUND: On September 28, 2005 bids were opened for Bid #05-112 - Purchase of Baling Wire for the Solid Waste Department. Two hundred eighty-six (286) vendors were notified, eleven (11) documents were distributed, and two (2) responses were received. The bid was issued as a "Spot Market Purchase" request, which due to the volatile pricing of steel does not lock a vendor to a set price for the term of the contract. Awarded vendors will be requested to submit facsimile price quotations (Spot Marking Pricing) for Baling Wire as needed by the Solid Waste Department. The Solid Waste Department has reviewed the bids received and recommends that the Board award Bid #05-112 - Purchase of Baling Wire to Calvert Wire, Granite Falls Furnace and grant permission for the Chairman to sign the contract as prepared by the County Attorney. EP/jc I I I I I I I I I \,~ Pla~~e tffi.'e ~e f~Ce55a¡:)ÎS~~~!ð.ãW~ï~:~¡d..Os..-~:i2. \0 tr.~ l~o s~eç~~síul b.iOd~~. ~a~~rt W¡f~ and Grande rails rurnace. I nls awaro Will D90nan-as neeoea DaSIS wlm quotas (r¡om oom ven9ûrs each-1ìmebaHng wífe-ts-pmCh-aseek· 1) 1 1 I I I t~ j I I 1 I I ¡ I I 1 ì I I I I ¡ I I 1 I 1 I I \ I \ \ I ! I SEP-29-05 03:08 PM '. STLUCIEC0S0LIDWASTE 7724626987 í , SOlID WASTE DEPARTM~NT I i I I ¡ 1 MEMORANDUM 05-064 TO: Ed P~rke.r Purchøsing Director 0.~' ~: FROM: Leo J. Cordeiro Solid waste Director DATE: September 29,2005 RE;, Bid #û5-112 Baling Wire Plea5E1"e:alf if youtlaVErany·questlons:· . LJC;dfs- - P.01 : I I I I I I I , , . '-' ...J BOARD OF COUNTY COM M ISSI 0 N ERS PURCHASING DEPARTMENT ED Pþ,RKER, DIRECTOR BID #05-112 - BALING WIRE (RE-BID) TABULATION SHEET SOLID WASTE DEPARTMENT BID #05-112 OPENED ON SEPTEMBER 28,2005 AT 3:30 P.M. THE FOLLOWING SUBMITTALS WERE RECEIVED: 1) CAVERT WIRE ATLANTA, GEORGIA PHONE: (404)344-1896 FAX: (404) 344-4557 2) GRANITE FALLS FURNACE VALE, NORTH CAROLINA PHONE: (704) 462-4997 FAX: (704) 462-1870 NUMBER OF COMPANIES NOTIFIED*: 286 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 11 NUMBER OF BIDS RECEIVED: 2 *per demandstar.com JOS=PH E. Si\1iTH, Cisirict NO.1 + DOUG COWARD, District NO.2 + PAUL..; A. LëWIS, Distri:~ NO.3 + FP-ANNI=. HUTHINSON, ~istnct NO.4 + Cf-RiS CR.ð,¡:'--, Cistrici NO.5 County Administrator - Doug:as ì\:1. þ.;Îderscn 23]0 Virgir.ia Avenue -- Fan Pierce, =L 34982-5652 - Phone (772) 4ô2-í700 - ïDO (772) 462-1423 website: wWN.co.st-!ucie.tlus ""'!!I" \r. ITEM N~F DATE: 10/11/05 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 #05-109 - Purchase & Installation of Hurricane Shutters for various Habitat For Humanity Homes BACKGROUND: See Attached memo. FUNDS AVAILABLE: Account #001400-3715-563000-300 Improvement OfT Buildings PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends awarding Bid #05-109 - Purchase & Installation of Hurricane Shutters for various Habitat F or Humanity Homes tot he 0 nly bidder Deubel Company for a total amount of $31,900 and Board permission for the Chairman to sign the contract as prepared by the County Attorney. ~ APPROVED ( ) OTHER ( ) DENIED COMMISSION ACTION: Approved 5-0 DO ANDERSON COUNTY ADMINISTRATOR Coord ination/S iq natures County Attorney (X) 91 '1/1 ( Mgl. & Bcdgel. (X)~ Other ( ) Purchasing (X) !;If Originating Dept ( ) Other ( ) Finance: (check for copy, only if applicable)_ BOARD OF'-' COUNTY COMMISSIONERS ~URCHASING DEPARTMENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director tJ f Date: October 4,2005 Re: Bid #05-109 - Purchase & Installation of Hurricane Shutters for various Habitat For Humanity Homes ******************************************************************************************************** BACKGROUND: On September 28, 2005 bids were 0 pened for Bid # 05-1 09 - Purchase & Installation 0 f Hurricane Shutters for various Habitat For Humanity Homes. Two hundred eighty-six (286) vendors were notified, fou rteen (14) documents were distributed, and one (1) response was received. Staff recommends 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 and permission for the Chairman to sign the contract as prepared by the County Attorney. ."" ....¡ BOARD OF COUNTY COMMisSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR BID #05-109 - PURCHASE & INSTALLATION OF HURRICANE SHUTTERS FOR VARIOUS HABITAT FOR HUMANITY HOMES TABULATION SHEET COMMUNITY SERVICES DEPARTMENT BID #05-109 OPENED ON SEPTEMBER 28,2005 AT 1:00 P.M. A SUBMITTAL WAS RECEIVED FROM THE FOLLOWING COMPANY. DEUBEL COMPANY, VERO BEACH, FLORIDA, FAX: 772-562-8388 BELOW IS A BREAKDOWN OF THE BID: I Base Bids (Includes shutters, all hardware, installation and any I permit fees if applicable): --..--- I Larissener Ajusma Residence $1,346.88 Aida Collazo-Pelaez Residence $2,216.28 Adrianna Collins Residence $1,451.76 Frances Cooper Residence $1,429.68 Louis Elve Residence $2,156.94 Carolyn Green Residence $1,911.22 Edl:]ardo Lopez Residence $1,553.88 Shirley Miller Residence $1,742.94 Mercedes Oquendo Residence $1,490.40 Mable Stevens Residence $1,60494 Gertrude Romain Residence $1,640.82 Gloria Walker Residence $2,007.90 Lillian Samuel Residence $1,449.00 . .. $1,490.40 Rosalind Baptista Residence Isemie Mitchell Residence $1,490.40 Jackie Jones Residence $1,863.00 Sharon Bell Residence $1,656.00 . Melvonia Richardson-Wheeler Residence $1,86576 Reaina Peterson Residence $1,531.80 Total Base Bid $31,900.00 NUMBER OF COMPANIES NOTIFIED*; 286 NUMBER OF BID DOCUMENTS DISTRIBUTED*; 14 NUMBER OF BIDS RECEIVED; 1 'per demandstar.com JOSEPH E. SMITH, Oistrict No.1. DOUG COWARD, Distnct NO.2.. PAULA A LEVVIS, QiSl,ict NO.3 -+ F.=<ANNIE HUTCH[NSCN, Ojs'crict No.4 -+ CHRiS CPAFT, Di3~ri::t No. .5 C:)unt¡r Administrator - Dcuglas M. Anderson 2300 V:rgir,ia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462~i700 - TDC (772) 462-1428 website: \V'NW.co.st-hxie.fI.us '-" .. ..." COMMUNITY SERVICES MEMORANDUM #06-02 TO: Ed Parker, Purchasing Director Jody Bonet, Assistant Director ~f:ð-' Bid #05-109 Purchase & Installation of Hurricane Shutters to Various Habitat for Humanity Homes FROM: SUBJECT: DATE: October 4, 2005 On October 3, 2005, county staff reviewed the bid package submitted by Duebel Company of Vero Beach for shutters for the Habitat for Humanity homes. Since there were no other bids and this response was sufficient and within the grant budget, we recommend approval of the company. For that reason, please move forward with accepting the Duebel Proposal for installation of shutters for the Habitat for Humanity homes. Staff greatly appreciates your assistance in this important hurricane mitigation effort. 1 O-G5-:25i'.~>: /14 R C\/D E~ard!'<lr~E;r - RE: Re: Bi~\..Q9 -------.1 Page 1 -- .-----.-..--- --- From: To: Date: Subject: "Alberts,Carol Hemrick" <CAlberts@mail.ifas.ufl.edu> <parkere@stlucieco.gov> 10/4/20052:23:28 PM RE: Re: Bid 05-109 Ed, Funds are available in account number 0011400-3715-563000-300 Improvement O/T Buildings -----Original Message----- From: Jody Bonet [mailto:BonetJ@stlucieco.gov] Sent: Tuesday, October 04, 2005 1 :50 PM To: Alberts,Carol Hemrick; Lenfesty,Karla; Anita Neal; Edward Parker Subject: Fwd: Re: Bid 05-109 Hi Carol or Karla, Please provide Ed with this info requested below...asap thanks jody »> Edward Parker 1 0/4/2005 1 :37 PM >>> Jody, please provide me the account name and number of where the funds are coming from.. Thanks Ed Parker, CPPB Purchasing Director S1. Lucie County 2300 Virginia Avenue Fort Pierce, FL. 34982 (772) 462-1700 fax: (772) 462-1294 »> Jody Bonet 10/04/051:34 PM >>> Hello Ed, Desiree and Jenny, Here is a memo to go with the agenda item to accept the bid from Duebel Company. Thanks again for your assistance... jody cc: "Jody Bonet" <BonetJ@stlucieco.gov>, "Lenfesty,Karla" <Ienfesty@ifas.ufl.edu> - \o...~.., ..,....' '-' .."J ITEM NO. 8G DATE: 10/11/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Termination of Long Line Mowing Contract # C05-04-214 with Coastal Services of Florida BACKGROUND: See attached Memorandum. FUNDS AVAILABLE: 10/ þpz: _4f/q~ _5..~Lf()()D - '/-Po er Contractual Services PREVIOUS ACTION: On April 19, 2005 the Board of County Commissioners approved award of Bid #05-035 Roadside Long Line Mowing to the low bidder Coastal Services of Florida. RECOMMENDATION: Staff recommends approval to terminate Long Line Mowing Contract # C05-04-214 with Coastal Services of Florida, award to the second lowest bidder Treasure Coast Lawns, Inc. for three (3) year contract at $37,500 per cycle, extra litter pick up at $16,100 per year and authorization for the Chairman to sign the contract as prepared by the County Attorney. ~) APPROVED ( ) OTHER ( ) DENIED NDERSON Y ADMINISTRATOR COMMISSION ACTION: Approved 5-0 County Attorney (X) f~ Coordination/Sig natures Other ( ) r:/ ¿J urchasing (X) ~/ /,/ Mgt. & Budget (X Originating Dept ( ) Other ( ) Finance: (check for copy, only if applicable)_ ~ '-' ...,., BOARD OF COUNTY COMMISSIONERS PURCHASING DEP ARTM ENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director tdf f Date: October 5, 2005 Re: Termination of Roadside Long Line Mowing Contract # C05-04-214 with Coastal Services of Florida ******************************************************************************************************** BackQround: The Public Works Department, Road and Bridge Division is requesting permission to terminate the contract Per Section 23 Default; Termination. Paraqraph B. Without Cause. See Attached. Staff recommends approval to terminate Long Line Mowing Contract # C05-04-214 with Coastal Services of Florida, award to the second lowest bidder Treasure Coast Lawns, Inc. for three (3) year contract at $37,500 per cycle, extra litter pick up at $16,100 per year and authorization for the Chairman to sign the contract as prepared by the County Attorney. '-' ...., PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM DATE: ED PARKER, PURCHASING DIRECTOR J. SCOTT HERRING, ROAD & BRIDGE MANAGER r· DEWEY HUDMAN, ASST. ROAD & BRIDGE MANAGER\)\JJ~ SEPTEMBER 29, 2005 To: VIA: FROM: SUBJECT: TERMINATION OF C05-04-214 - LONG LINE MOWING CONTRACT We are requesting termination of the Long Line Mowing Contract (C05-04-214) with Coastal Services of Florida per Section 23 Paragraph B of the contract Attached are copies of four letters to Mr. Manny Martinez of Coastal Services requesting that he comply with the contract requirements. To date he has not responded to these requests. Please prepare an agenda item to terminate this contract Also attached is a letter from the second low bidder, Treasure Coast Lawns, Inc., stating they will still honor their bid quote. Please agenda the Board of County Commissioners to award this mowing contract to Treasure Coast Lawns, Inc., and authorize the Chairman to sign. If we can be of further assistance, please contact me at extension 2802. DWH/sb Attachments cc: Dan Mcintyre, County Attorney Gordon Joyner, Maintenance Operations Supervisor Larry Leary, Maintenance Foreman III 09-29-05P04:38 RCVD '-" ,."", PUßLlC WORKS DEPARTMENT ROAD & ßRIDGE BOARD OF CO U NTY COMMISSIONERS Send Certified Mail September 21, 2005 Mr. Manny Martinez Coastal Services of Florida 1820 N. E. Jensen Beach Blvd. Jensen Beach, Florida 34957 Re: Long Line Mowing Contract - C05-04-214 Dear Mr. Martinez: This letter is in reference to your contract to provide mowing, litter, and weed control service for the Long Line Mowing Contract. After several attempts to contact you by phone in reference to your noncompliance with the contract requirements, St. Lucie County expects you to do one of the following: 1. Come in for a meeting with the Road & Bridge Project Manager administrating the contract within seven (7) days of the date of this letter. 2, Or if you wish to cancel the contract as you have said verbally, we will need you to put it in writing. 3. If you do not choose to comply with items 1 or 2 above, we will be forced to take corrective action up to and including the termination of this c0r:'tract. Your prompt assistance to resolye this is required. If you have any questions, please contact me at (772) 462-1812. Thank you, ~~ cÞ' _ ~/ Lawrence J. Leary Maintenance Field Foreman LLlsb cc: J. Scott Herring, Road & Bridge Manager Dewey Hudman, Assistant Road & Bridge Manager Melissa Simberlund, Contracts Coordinator Gordon H. Joyner, Maintenance Operations Supervisor ~ ~. '''~ 1 . L:C\IYJ CO\\'Ä(,D D\5rriC :~o2 . P,:.UL;', Þ. L[,\\!',:"I);<,!;iU ¡.I.:- J . FRAHH\E rlUKhii4';.()H, D191'..:f t-jo..i . CHil,IS CÎ"þ·,FT, Di::nlci No. S Cac(\t':; Adrr1l"is¡-ro:or " CfJdglos ,VI. Ar..der'.C'íl 2JOe Virginia Avenue . Fr. Pierce, FL J4962 P'Jblic \Vorhs (772) 462-1465 . F,ÄX (772) 462-2362 !"~':;¡':::'C'I cf Ei''';':ne:::rjng: (772~\ 462-"17D7 Fox 4ó'2-2:Jó2 . DIVljlo¡": of P"ood G ßridçe: (772) 4ó'2~2S'I·J FÄ)( .162-2J6J C!'.,.'lSil)l\ ,~)f Gul.di:~'9 G k!::p~;c::on:): (77'2) .1é"2-'1 :>5.3 tG:'- 4Ó2~17.J5 . TDD (772) ¿1.Ó2-'-\<l23 ,¡,\'/\'/,C-'...J,sr-t',y::.ie.ti.lJs \..f ..." / ;<// Spir- .J BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DEPARTMENT September 9, 2005 Send Certified Mail Mr. Manny Martinez Coastal Services of Florida 1820 N. E. Jensen Beach Blvd. Jensen Beach, Florida 34957 Re: Long Line Mowing Contract ~ C05-04-214 Dear Mr. Martinez: This letter is in reference to your contract to provide mowing, litter, and weed control service for the Long Line Mowing Contract. We are giving you a third warning of noncompliance with the contract requirements. St. Lucie County expects you to comply fully with all contract requirements. The Road & Bridge Supervisors administering the contract have lodged the following complaints: 1. Failure to follow the instructions of the Project Supervisor. 2. Failure to cut/mow grass at required height. We trust your help in resolving the problem discussed in this letter will be dealt with in a timely manner. This is the second step in the contract procedure for resolving this situation. If this problem continues, further action will be required including termination of this contract. Your prompt assistance to resolve this and to prevent future occurrences is required. If you have any questions, please contact me at (772) 462-1812. Thank you, ~ Lawrence J. Leary Maintenance Foreman III ~ ~ LLlsb cc: J. Scott Herring, Road & Bridge Manager /' Dewey Hudman. Assistant Road & Bridge Manager Melissa Simberlund. Contracts Coordinator Gordon H. Joyner, Maintenance Operations Supervisor Y=:~~PH E. :'Î','\iili. Di;Tri(t 1'1:;'. '; , DOUG COWAFD, District r10, 2 . PAU!_A A. LEWIS, Dlstrier No. J I ~RANN!E HUTCHINSON, Disrrici No. <1 . CHRIS CP-AFT. [),s;¡¡cr No.5 County Admir,islraror . Dougl05 M. Anderson 2300 Virginia Avenue . Ft. Pierce, FL 34952 Public Warl,s: (772) 462-1485 . FAX (772) 462-2362 Division of Engineering: (i72) 462-1707 Fox 462-2362 . Division of Rood & ßridge: (772) 462-2511 FAX 462-2363 Division of Solid Waste: (772) 462-1765 FAX 462-6987 Di'/iSlon d Ouilding [, Inspections: (772) 462-1553 Fox 462-1735 . TDD (772) 462-1425 \\Iww.co_st-lucie.fI.us ¥ -..",¡I BOARD OF COUNTY COMMISSIONERS PUßLlC WORKS DEPARTMENT August 19, 2005 Send Certified Mail Mr. Manny Martinez Coastal Services of Florida 1820 N. E. Jensen Beach Blvd. Jensen Beach, Florida 34957 Re: Long Line Mowing Contract - C05-04-214 Dear Mr. Martinez: This letter is in reference to your contract to provide mowing, litter, and weed control service for the Long Line Mowing Contract. We are giving this warning of noncompliance with the contract requirements. St. Lucie County expects you to comply fully with all contract requirements. The Road & Bridge Supervisors administering the contract have lodged the following complaints: 1. Refusing to follow the instructions of the Project Supervisor. A. Refusing to mow several assigned areas. B. Not enough equipment to properly maintain mowing contract. We trust your help in resolving the problem discussed in this letter will be dealt with in a timely manner. This is the second step in the contract procedure for resolving this situation. If this problem continues, further action will be required including termination of this contract. Your prompt assistance to resolve this and to prevent future occurrences is required. If you have any questions, please contact me at (772) 462-1812. Thank you, ~j ~ ~- Lawrence J. Leary Maintenance Foreman III LLlsb cc: J. Scott Herring, Road & Bridge Manager Dewey Hudman, Assistant Road & Bridge Manager Melissa Simberlund, Contracts Coordinator JCJ)éfH [ :¡;,\;tIGt>rëJDIi'W JoySR¡¡'~ LMð'îHt~rt¡Jìf!éBNÒ"'¡;:r' ,,~íë\R~ ,,:,,~w?vmw¡¡:¡ No ,3 . FRM<I;i¡ HUTCHINSON, Dimi" No.4' CHRIS ŒÀfT, ùi;rric' ,'10. 5 1 ~'J 111' ~~Hr':y¡(:r;t'rUf8f . trò'd~!as M. Ande¡~on 2JOO Virginia Avenue' Fr. Pierce, FL 34952 Public Worhs: (7ì2) 462-1455 . FAX (772) 4622362 Division of E'-'9"'eeri,,g: (772) 4Ó2-·li07 Fox; 4622362 . Division oí lìood & Oridge (772) 462-2511 FAX 462-2363 Division oí SQlid WClSte: (772) 462-1765 FAX 462-ó9ð7 Divisi')1\ Dí [iuilding & inspecrions: (772) 462-1553 Fox 462-1735 . TDD (772) 462-1428 wy.¡w.co.sr-!ucie.fI us "",. ..., BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DEPARTMENT August 11, 2005 Send Certified Mail Mr. Manny Martinez Coastal Services of Florida 1820 N. E. Jensen Beach Blvd. Jensen Beach, Florida 34957 Re: Long Line Mowing Contract - C05-04-214 Dear Mr. Martinez: This letter is in reference to your contract to provide mowing, litter, and weed control service for the Long Line Mowing Contract. We are giving this warning of noncompliance with the contract requirements. SL Lucie County expects you to comply fully with all contract requirements. The Road & Bridge Supervisors administering the contract have lodged the following complaint: 1. Refusing to follow the instructions of the Project Supervisor. We trust your help in resolving the problem discussed in this letter will be dealt with in a timely manner. This is the first step in the contract procedure for resolving this situation. If this problem continues, further action will be required including termination of this contract. Your prompt assistance to resolve this and to prevent future occurrences is required. If you have any questions, please contact me at (772) 462-1812. Thank you, ~~ ~ Lawrence J. Leary Maintenance Field Foreman LLlsb cc: J. Scott Herring, Road & Bridge Manager Dewey Hudman, Assistant Road & Bridge Manager Melissa Simberlund, Contracts Coordinator Gordon H. Joyner: Maintenance Operations Supeîv'isoí ¡,:-:SZ::'H E. ),'v\lìh, Di;;<r,c ~...;o 1 .. DOLG CO\I./A, r::'D Dì5uic.:¡ t-J(J,:1 ~ PAULA A. LE\VIS. District No J ~ FRÞJ,u'¡IE HUT(HI~J.SON, DislTic; !..¡~,. 4 .. ~~RIS cr;,I.,n, D¡~tnc! f..ic. 5 [:)ll'1IY AdmiliistTOror - Dougim ,".,~. Ar:deisorJ 2300 Virglnio Avenue . Ft. Pierce, FL 34982 Pubiic \jJorl;s: (772) 462-',465 . FAX (772) 462-2J62 Dh'j:;¡;:)(ì Çj~ ~J)';Jli¡e-er¡n9: Ci7"2) 462-~i 707 Foy 462-'::::)62 . Division of Kood [., Bridge: (772} 46':'-25~ 1 U...X 4ó2-:2:::~bJ Dlv¡:;lort of SÔIC ~Y'Qste: (77"2) ~62-17ó8 FAX 462-6957 tìi,-,i,::i.:.(ì (!i L.u¡j':Enc~:' Ins~)e':':Ti,:_~n~.. (7"7'2\ ,16-2·,1 55.3 Fey 462·,1,::5 . TDD (T72\ 4,~·~'-1 t.?8 ."../wv: .ccur-lu-:ie.tr.IJ5 SEP-1S-200S 02:07P FROM: ~ TO: 4622363 'wi P:l/l t TREASURE COAST LAWNS, Inc- A FULL SERVICE COMPANY 699 IXORIA AVE. . FT. PIERCE, FL 34982 · 561-489-2783 TO: St Lude County FROM: Treasure Coast Lawns Inc SUBJECT: BID #05-035 Roadside/Long Line Mowing DATE: Sept 15, 2005 To Whom It May Concern: In response to taking ovèr the maintenance of the long line mowing, we guarantee to h,mor the contract at the bid price we submitted in March 2005. Signed and Accepted By: Kathy Jaggers Treasure Coast Lawns Ine '-'" /)C'¿"!'tJUkJ-e' C íJ/jJ/ {HhA;J .ilk' ~ ...." BID FORM All bids must be submitted in a sealed envelope addressed to the St Lucie County Purchasing Manager, 2300 Virginiã Avenue, Room 228, Ft. Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. BID #05-035 LONG LINE MOWING CONTRACT /2 Ii ! / - REPRESENTING7&Ilf¿If'( CÓliJfIA(()I¿JJlC. Comp ny an~/or Corp ion, agree to perform all of the requirements to complete the work required in the specifications for the price of: I, 1. Base Bid for Mowing and Maintenance Services - Breakout by Year for Budget Purpose Year 1 2 3 Bid Total of Three Years Option Yr. 4 Option Yr. 5 Cost for extra litter pick up No. Of Times 10 10 10 10 10 $ $ $ ~ per ea. pick up; year 1 . ì (ôper ea. pick up; year 2 )C per ea. pick up; year 3 Bid obligation: It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening, The Board of County Commissioners reserves the right to waive any informalities or minor irregularities, reject any and all bids which are incomplete, conditional, obscure, or which cantain additions not allowed for, accept or reject any bid in whole or in part with or without cause, and accept the bid which best services the County, NAME OF BIDDER: -¡¡;;¿ASOf'? (hAJI- &.Jt¿J/t/S 7/l/(~ ) 61tí ..z:X{)I2/14 /1V h c/Jf£{ìP_ ASt/qrfJ-.. c,!J ¿¡ ,-1 7J(3 - \ FAX: L/t c¡ - /) J 9 I SIGNED BY: ~ ~fj.:-¿t TITLE: >¡:h '¿J,. D O(J DATE: J-,.3v-w- ADDRESS: PHONE: ST. LUCIE COUNTY - BID #05-035 ROADSIDE/LONG LINE MOWING CONSISTS OF 2.8 PAGES 28 ! ~ '1 TREASURE COAST LAWNS~ Inc. A FULL SERVICE COMPANY 699 LYORIA AVE. . FT. PIERCE, FL 34982 ·561-489-2ï83 References Treasure Coast Lawns Inc. has been in business in Ft Pierce since 1990. We currently have various contracts with the City of Port St Lucie and St Lucie County. Below is a list of references with phone numbers, City of Port St Lucie Public Warks 450 SW Thornhill Drive Port St Lucie Fl 34984 John Dunton 344-4035 City of Port St Lucie Parks & Recreation 2195 Airoso Blvd Port St Lucie Fl34984 Gerry Melville 871-5093 City of Port St Lucie Utilities 900 SE Ogden Lane Port St Lucie Fl 34983 Brad Macik 873-6412 5t Lucie County Road and Bridge 3071 Oleander Av Ft Pierce Fl34982 Larry Leary 216-6181 Thank You Kathy Jaggers President ~~ ~ I .. ACORD.. CERTIFICATE OFlUABILI1Y INSURANCE -, -r ......... I 04/'2612CJC)4 ~~ (772}~6'-7670 "AX (772)464~0137 nms CERTlF1CAT! IS ISSU!O AS A IlATTUt 0' IIWORllA1ION aro.n and BrOIIIn I nsunsncc OIiIL Y AND CONI'Y5 NO !tIGHTS UPON THIi c:amFJÇAT1; '404 South 28tIt S'r.. HOLDeR. TtacalmFlCATE DOES MOT ~.j:A~O OR ALTmtTHli 8'\'THI: 8ElOW. Ft:. Plerœ. Ft. J49<17 IN!W--NPCItØUJr covau.oE 1iIAIC. _. ~1J.'ïÑS:-iNC. __... Nortt1em Ins CO of' Mew York '9372 6UIiI I~IA AVENUE -. FT PIERtf. FL J4!i82-B21S ......,. C;; IaIACI D< . tcIIII!II !: \.. 11'E I'C1lICIU OF IMSIJR"ÞoJCI¡ 1JS'I'B) IELCW HAV1: aEEM dSuED TO THE IHSURID IWC -'IOIIi FCIR'tHE PCILIC'I' P£M)Q MJCA'IED. ~ ÞN'f RECURBEHr. TEJW OR CCICImCN C1I' *" caorTfUItT OR OT>ER DOCI~wmt ~. 10 'I\IHICH'ÐtS <iUI.rM'TII~" IE 1AUliD0R YAY PERTMI, 1HE JCStJRNoa ~ ff('TME DE5(0WB) HEREIN IS SlaIECTTO AU. THlTINoI$, EJIQ 'IISICJMS j\þIQ CONCmONS OF SUCH PQ1.JC ES. ~TE LMTS SI1O\IIIMWIV twIIii 8E£N BY Pl\lÐQ.IoIM&. 1We 011 KSIII- Mœ POUC't <:7 V---_IWIIUJY ~_(!]OCCUII 1ISt!:Ø III o_-' ~UINIIIUI'I' œaw.~ PIIIOIUM-COIIPICI' I\OCI iAIIII" S S S I S S A 1S021 04/17/2004 04/17nc:o:i ~--.zLMT 1Þ_ . ....v KUIY t'Or-. I A _T .....,. ....- ., .4L. ... cw.cI 1PIr..... s . --........,..- 1!IIPt.GftIIII'.-m< ~_#'~ r __ ..u1OOII. T· &II o1ICQDIôIIT !AoIC: - _'I'tWC MIlO 011."1': 1iM:M....,..~ _11! tJ.. _.I!A I!.I. ~-PClUC't&Ml' fm1'~~~~ 1$UId es addl~lanøl IRIiUf"8d -.a_"'__ II 1'OUCIII_r:-'-_~ .....__0I0ft_.1W.__~ 11lIOII10_ ..1Q..._~_"IO_ _ .4>-III__.a-'IO-&ÆPT. ..".....10---------· -""-"' 0._____............... --- ""-.4>1111 151 1911 St .Lucle ~ CerÜfiCZlti.on ... ~iccsning Division 2300 Virginia Avo ". 2'10 fort:: Pierce, FL 34882 M:ORD 2S 210'1'" FAX: (112)4R-11-48 ~-~-~ FR! æ; 57PM !D: f'Aæ:; 19 CERTIFlckre OF LIABILITY INSURANCI: . ACORD ..""". I DATI!I~ -- w 01/27/2005 XJU(:E" THIS CERTIFICATE IS ISSUED AS A MATTER Ö·FíNFORMATION lain Plern & MIOC\ItH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I. Box 1..1. ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Ifofid Fl3ID2-1419 INSURERS AFFORDtNG COVERAGE NAIC . ""~) Trusure Coast u-s. Inc. INSURER Ie ZENITH 699 !J:oria Aw INSURER II; ft. .P!I.rR.FI. }Ø12 INSURER 0: .......-R E: VERAGES ·HE POLICIES OF I~ LISTED BELOW HAVE BEEN ISSUED TO THE INSURED HllMED ABOVE FOR THE POLICY PERIOD INDICATED. HOTWITHST!\HDfNG \NY REQUIREMENT. TERM OR CONCIT1ON OF Nf( CONTRACt OR OTHER DOaJMENT WITH RESPECT TO WHICH THIS œRT1F1CATE MAY BE ISSUED OR AM PERTAIN. THE IN5IJRI'H(;E III'FORDED BY THE POl.IOES 0ESæI8ED HEREIN IS SUBJECT TO All THE TiiRMS. .EXCLIJSIONS ANlJCONOITIONSCF SUQI 'OllCIES. ,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. ~~ ..-.- ' I'OUCY NU1IIIIBI ~ I!A't!C>M!! P'OUCY ~T1OH UNITS ..-.. -- ~EH£""'" UAIIIUTY EACH OCCIJfIREHCE . COMMERCIAL GENERAL UA81UTY c.o.w.GE TO RENTED S I ClAAAS MADE 0 OCCUR MED exPl.....__. S -- ÆRSOHAl & M:N INJURY S -- GENeRAl AGGREGATE ! -"l AGOOEM lMT AI'FrER: PRODUCTS· CQMPIQP AGG S PlJUCy ~ LOC ~DMOIIIU LWIILITY COMBINED S1NGLE LIMIT , AMY AVTO ,Euccl_' - - AlL OWWED AUTOS IIOOIL Y ItUJR\' (Pe.~) S - SCHE!JUtED AUTOS - HIRED AUTOS 1lO0OI. Y INJURY S NCN.OWNED AUTO!! ~-) - - PROPERTY DAMAGE S .(Pw occIdenI ~_EUAMm AUTO ON!. Y . EA ACC1ŒllT ¡ ! !UN AIlfO onER11'MH a. J.CC : ! AUTO ON!. Y: AGG S EJ(C~UAIIIUTY ~Ar-'" Is :::J·occURD ClAIMS MADE AGGREGATE Is ~ I. DEDUCTlBlE S RETEHTIOH . .! WOIUŒRS COMI'ENSA11ON NfO X I we STATU- I X 0Jl'- EWlOYØS'LIA8IUTY ZMI40205 O2I1&1œ O2I1MJ6 I s 1.000.000 ANYMOPRIErOOlP~ E.L EACH ACC1DEIfT DFfICE_ exa.lIœ07 E.L OISEASE - EA EIAPlOV>'E ! 1 000 000 ~_.... '''''''''" E.L. OISEASE - POLICY LIMIT S 1.000 000 OTtER !lCRIPT1ON OF OP£RAT1ONIII LOCATIONS I Yl!lllCLES I!XCLUSIONS ACO£JÞ BY EIIDOIISEMEHT I SI'I!CIAl PIIOYISIONS TO GAHCELlATIOH NOTICE 10 OAYS FOR NON-f'AYMEHT. 45!DAYS FOR NON-REHEWAl :RTlFICATE HOLDER FT PIERCE, FL 3-4982 CANCELLATION stIOUUI NtrOF'TME AMNE Dl!SClllBl!D POlICIES lIE CNlCELLED IIÐ'ORE TIE EXPIRA110N DATI! THEMOF. THE __IN:IUIŒR WILL EHOEA\IUR TO IIAIL ...!L DAYS WRITTEIt 1«)T1C£ TOTHEesmRC"TI!HOUIt!II~"TOTtIE LEFT. BUT FM.URE TO DO $0 SHALL . -.os! 110 DBUGA110N OR I.WIUTY OF NfY ~ Uf'ON THE INSURER, ITS AGefTS OR ....-TAtIVES. ST lUŒ.cOONTY 2300 VIRGINIA AVE :ORD 25 (2001108) [J: 2004 ·-2005 L' OOUNTY OCCUPATIONAL LlCENS' ~ (), . ~r'A: c$F<), CFC. 5T. LUCIE COUNTY TAX COlLEÇTG, SEATS EMPLOYEES 1 - 5 ,5 ,S RCXJMS s 7202-LA~OSCAPE/LA~N CARE S N 924 Barr~l AIì~ St Luc1e Count v Treasure Coast lawns !nc Jaqgers. katherine 924-Sarrel Ave B 32-34 Fort P1erce FL 34982 s Please ~ back for additional information PAID 08/27/2004 99-20040827-071981 13.75 ~~ 7202-00970022 ÐWm~EP 3D. 2DD5 X RENEWAL .rEW UCENSE Tl'lANSFER- ORIGINAl TAX 13.75 AMOUNT PENALTY COllECTION COST :roTA!. 13.75 ~ 'z z z OJ C C m s: s: JJ OJ OJ 0 m m m JJ JJ ;;:: 0 Þ -n z ~ 0 r.n 0 -1 0 Þ 0 JJ 0 0 C 0 ;;:: ;;:: m z -1 (j) 0 ,- <J} '-1 ~ "º CD C ..., m ~ to -< -< -< m -1 0 0 0 :s: m m m >< 0 0 0 0 0 Þ Þ Þ -1 -1 r.n C/) C/) ::E JJ JJ JJ ;c :Þ -1 ..., -1 w '" ~ » r- OJ -u -u Z r- n m m m GJ :::¡ 0 JJ JJ JJ :Þ -1 (f 0 0 0 z m -1 -< -< -< 0 :tI .." 0 0 0 " 0 r r r :s: ñ :tI m m m :Þ ;>:; w , , , z -< -< -< -< ..., C m JJ JJ JJ m " z :Þ w '" ~ » :tI (f z n m 01,-0 S(mo z> '" w w .. (f; (fJ '" '" '" .." 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'" "" "" --¡ -:....¡"Cf) ~ ~ ~ UI -en 0, 0, -.J...,c 0 0 0 '" 0 0 0 t;-J- ;0 0 0 0 0 0 0 c:> .þ-um 6 6 ::, 0 a a 0 ~mo 0 0 0 c. 0 0 0 '::00 0 ~()þ ",mC/) ~- -1 -n r r -n::;¡~ ~ S(~Z Hr::i: 00 00 00 :. w W W oo~» '" '" ·en UI 00 00 00 ~ r 0 0 0 _UI '" '" '" WO^ c:> c:> 0 0 0 0 0 cbIm 0 c:> 0 0 0 0 6 0 6 oþJJ 0 0 0 0 0 c 0 0 0 ",,"uC/) 0 6mm ~r::o CJ'I'TT~ ro m -n ~ ?<-n-1 ~ '" '" (.., .þ .þ .þ .~§j 0 '" :p. ~ '" '" '" ""lJ01 '" '" '" u. 0 '" 0 ;:jm<n '" '" 0 '" '" en 'JJC 0 a 0 0 0 0 "'OJJ a en !" a 6 6 0 0 0 0 0 0 0 ~~m :!J '.J (")OJ 00 0 -u [IJ 3:~ lJ ~ is m I :5:0 z : , 0 m ;0 01 Cño q 0 6 þ w CI>-n w 0 01 W po 0(") 0 N OJ ::c ZO 0 ~ 0 0 0 :Þ me CJ1 GJ 0 ::cz m en is CI>~ m ì=' 0 z G') r- Z m s: 0 ::E z G') " '" ...,¡ ITEM NO. 8H DATE: 10/11/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT{X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: ED PARKER, DIRECTOR SUBJECT: Award of Bid #05-069 - River Park Marina~Restroom BACKGROUND: See Attached memo. FUNDS AVAILABLE: Account #316-7240-562000-7601 Buildings Account #310203-7240-563000-7601 Improvement OfT Buildings PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends awarding Bid #05-069 - River Park Marina- Restroom to the lowest responsive and responsible bidder Hennis Construction Company, Inc. for a total amount of $199,000.00 and permission for the Chairman to sign the contract as prepared by the County Attorney. ( ) APPROVED () DENIED ( ) OTHER Approved 5-0 o ANDERSON COUNTY ADMINISTRATOR COMMISSION ACTION: Coordination/Siq natu res County Attorney ( ) G./- ¡.I<l Mgt. & Budget 1f-) Other ( ) Purchasing (X) ¿--. /, /i C;~?r Originating Dept. ( ) Other ( ) Finance: (check for copy, only if applicable)_ · BOARD OF '-' COUNTY COMMISSIONERS "¡!tjRCHASING DEPARTMENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director t.Jf Date: October 5, 2005 Re: Bid #05-069 - River Park Marina-Restroom ******************************************************************************************************************* BACKGROUND: On July 17, 2005 bids were opened for Bid #05-069 - River Park Marina-Restroom for the Central Service Department. Seven hundred eighty-six (786) vendors were notified, ten (10) documents were distributed, and two (2) responses were received. Staff recommends awarding Bid #05-069 River Park Marina to the lowest responsive and responsible bidder Hennis Construction Company, Inc. for a total amount of $199,000 and permission for the Chairman to sign the contract as prepared by the County Attorney. '-' ....., BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - BID #05-069 A RIVER PARK MARINÉ - RESTROOM CENTRAL SERVICES OPENED: 7f17f2005 I I HENNIS CaNST. co., !NC. ! PORT ST. LUCIE, FL I FAX: 772-464-4114 I VENDOR BASE BID <I: 1QQ nnn nn ..... "".....'''.................. ALT. ADD --- $3,000.00 FOR FRONT ENTRY GABLE SPADES CONTRACTORS CORP. MELBOURNE, FL FAX: 321-757-8423 $ 199,969.00 NUMBER OF COMPANIES NOTIFIED': 786 NUMBER OF BID DOCUMENTS DISTRIBUTED': 10 NUMBER OF BIDS RECEIVED: 2 . PER DEMANDSTAR.COM JOSEPH ë. SMITr" District NO.1. DOUG COVvARD, Dis~rict NO.2.. PAULA A LEWIS, District No_ 3 + FRANNIE HU-:-IINSON, District No.4 -+ CHR:S C.~FT, District NO.5 County Administrator- Douglas M. Anderson 2300 \/irçinia Avenue - Fcri Pierce, F~ 34982-5652 - Phone (772J 462-1700 - TOO (772) 462-1428 ,..",h,..'+",· ,.ø.~" __~. 1.,_:_ Çl ..~ '-" ...., Page 1 of 1 Edward Parker - River Park Marina From: To: Date: Subject: cc: Don McLam Parker, Edward 10/5/20059:02 AM River Park Marina Barton, Linda; Diane Pauley ED. We have met with Hennis Construction, they will hold their basic price for the restroom at $199,000. They are the low bidder. please proceed to the BOCC accepting their bid. Need to have on the BOCC agenda for Oct. 11, 2005. Diane. Could you make sure the additional $70,000 approved by the BOCC in this years budget is in the right account to pull the PO. Don file:/ / C: \Documents%2 o and %2 OSettings IAdministrator\Local %20S ettings \ Temp \G W} 000... 10/5/2005 '-" ITEM NO~ DATE: 10/11/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: ED PARKER, DIRECTOR SUBJECT: Award of Bid #05-104 - Erosion Control at the S1. Lucie County Airport BACKGROUND: See Attached memo. FUNDS AVAILABLE: Account # 140323-4220-563000-48008 - Improvements other than Buildings PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends awarding Bid #05-104 - Erosion Control at the S1. Lucie County Airport to the low bidder, Native Technologies, Inc., for the total base bid amount of $126,181.20, and permission for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: E: Q() APPROVED () DENIED ( ) OTHER Approved 5-0 D ANDERSON COUNTY ADMINISTRATOR Coord ination/S iqnatures County Attorney ( ) Û; / i .<d t,..' Mgt & Budget () f2.l.Vi7 ~ Purchasing (X) .# f Other ( ) Other ( ) Originating Dept ( ) Finance: (check for copy, only if applicable)_ ... ¡ BOARD OF ~ COUNTY COMMISSIONERS ~RCHASING DEPARTMENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director ~ f From: Date: October 53, 2005 Re: Bid #05-104 - Erosion Control at the St. Lucie County Airport ******************************************************************************************************************* BACKGROUND: On September 28, 2005 bids were opened for Bid #05-104 - Erosion Control at the St. Lucie County Airport. Eight hundred sixty-four (864) vendors were notified, forty (40) documents were distributed, and three (3) responses were received. 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VT o~ rr1 !:f7 co C')~ - -- OOOCOOOLOOO DornmooNoro ~~LÛtOr--..:cOtO~m æY7""!"Et7~NW.f77'o::j'" M_ 'é'7 CD (D -68- '"' lD~ w- fi';- 'Ef7 ooorooc>o~o üOCDrnOOomco N~u-.ilD~cx)moo) ,-.:-ti7V-&7-.ç-('\JW-f.A-"d"' --.;:I- b'7 to (0 'Ef7 ..q-~ l6-.:- _ w_ 0:;:0 ~LO~CD ...- "",,-m o 0 l() ~o -.:--q-O-':-c.oLO ~ N~ o l() lD ~ONC'\J ~ ~ '"' o ~oo -----~"C""""Q)L,() <'>Îco LOO lON "C""""gM-r-_____"<1"~~g "C"""" co ill N- ~~ OlOLO ~~L() "C"""" ~ ~ ~ "C"""" "'=t (0 co~;: N ~ . ~=~ '-' '...I Kimley-Horn and Associates, Inc. October 3,2005 Ms. Diana Lewis Airport Director St Lucie International Airport 3000 Curtis King Blvd Ft Pierce, FI34946 Re: Bid No. 05-104 Dear Ms Lewis: Bids were received on September 28, 2005 for Erosion Control at St Lucie International Airport. A total of three bids were received for the project We have reviewed the bids and based on the published bid tabulations and the available project budget, we recommend that a contract be awarded to Native Technologies of Deerfield Beach, FL for the base bid only. Said award would be in the amount of $126, 181.20. Should you have any questions, please do not hesitate to contact me. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. David R. Bardt, P.E. Vice President Cc: Barbara Churchill . . 4431 Embarcadero Drive West Palm Beach, Florida 33407 H :1044721 0011coorespondencellewis 1 00305 TEL 561 845 0665 FAX 561 863 8175 ..\ ~ "wi ITEM NO. C-9 DATE: October 11, 2005 AGENDA REQUEST REGULAR [ ] "INVESTMENT FOR THE FUTURE" PUBLIC HEARING [ ] CONSENT [x] TO: SUBMITTED BY (DEPT.): BOARD OF COUNTY COMMISSIONERS ENGINEERING DIVISION (4115) SUBJECT: Platt's Creek Stormwater Project - First Amendment to Work Authorization NO.5 with Dunkelberger Engineering & Testing. BACKGROUND: Attached ¡,!ease find a copy of the First Amendment to Work Authorization No.5 as well as Exhibit "An extending the contract to January 31,2006 for soil testing for the Platt's Creek Stormwater Project (See attached Memorandum 05- 246). FUNDS AVAILABLE: Funds are available in Account Number 102001-3725-563009-3112 Drainage Maintenance MSTU, Stormwater Management. PREVIOUS ACTION: On April 13, 2004, the BOCC awarded the construction of the Platt's Creek Stormwater Project to WPC Industrial Contractors, Inc. in the amount of $2,745,740. On May 25,2004, the Board approved Platt's Creek Stormwater Project- Work Authorization NO.5 (C03-10-686) for Soil Testing Services with Dunkelberger Engineering & Testing, Inc. RECOMMENDATION: Staff recommends the Board approve and authorize the Chair to sign the First Amendment to Work Authorization No. 5 for Soil Testing with Dunkelberger Engineering & Testing Inc. for the Platt's Creek Stormwater Project in the amount of $25,000 and extending the contract to January 31, 2006. 1'] APPROVED [ ] OTHER [ ] DENIED COMMISSION ACTION: Approved 5-0 [xl County Attorney [xl Project. Manager [I Road & Bridge ,¡..<q /~';f-l [xl Mgt. & Budgel [xl Exec. Assistant (j Originating Depl. Public Works ~~. Purchasing Dept (Check for copy only, if applicabl ':, \.or "wi ( DIVISION OF ENGINEERING MEMORANDUM 05-246 TO: Michael Powley, P.E. - County Engineer FROM: Craig Hauschild, P.E. - Capital Projects Engineer Date: October 4, 2005 Subject: First Amendment to Work Authorization No. 5 with Dunkelberger Engineering & Testing for Soil Testing for the Platt's Creek Stormwater Project ....... "~'~- :-':~~-~~~-~~,:::":",,:,,,- .--. .= - .,,~ Attached please find a copy of the First Amendment to Work Authorization No. 5 with Dunkelberger Engineering & Testing as well as Exhibit "A" extending the contract. The Platt's Creek Stormwater Project is nearly complete. First Amendment to Work Authorization No.5 will extend the existing contract to January 31, 2006 and compensate Dunkelberger Engineering in the amount not to exceed $25,000 for additional services necessary to complete the project. \r '..I I FIRST AMENDMENT TO WORK AUTHORIZATION NO.5 C03-10-686 W.A.#5 PROJ. #3112 PLATT'S CREEK STORMW A TER MANAGEMENT FACILITIES - SOIL TESTING Pursuant to that certain Agreement between County and Engineer for Professional Services for Continuing Soil Testing Services (the "Agreement" (Contract No. C03-1 0-686) between S1. 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 Twenty-Five Thousand and 00/100 ($25,000.00) dollars. All work under this First Amendment to Work Authorization No.5 shall be completed on or before January 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 BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY DATE: WITNESS: TING, INC. . Vice President DATE: September 23,2005 ,- , ~ DATE: WORK AUTHORIZATION: PROJECT: FIRM: TIME OF PERFORMANCE: SCOPE OF WORK: '-' Exhibit "A" September 21, 2005 No.5 Platt's Creek Stormwater Management Facilities - Soil Testing Dunkelberger Engineering & Testing, Inc. On or before January 31, 2006. Perform soil testing services on the Platt's Creek Stormwater Facilities project on an as needed basis. "'" AGENDA REQUEST ....., ITEM NO. C-IO DATE: October 11, 2005 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Request for retroactive approval of FY06 Budget disbursement to the Supervisor of Elections. BACKGROUND: Per Section 129.202, Florida Statutes, "the supervisor of elections shall requisition and the board of county commissioners shall pay that officer, at the first meeting in October of each year, 25 percent of the total amount budgeted for the office and, thereafter on the first of each month, 6.82 percent of the total amount budgeted for the office. However, if there are unusual or unanticipated expenses in anyone month, upon notification by the supervisor of elections, the board shall transfer the necessary amount, except that the total amount paid during the year shall not, without appropriate amendments, exceed the total budgeted for the year.." See letter attached from the Supervisor of Elections. The first meeting of the board of county commissioners was held on October 4, 2005, therefore, staff request retroactive approval of disbursement. FUNDS AVAILABLE: 001-8191-599080-800 Supervisor of Elections PREVIOUS ACTION: none RECOMMENDATION: Staff recommends Board authorize retroactive approval of the Supervisor of Elections request for 25 percent ($646,465.75) of the total FY06 budget and thereafter 6.82 percent per month. COMMISSION ACTION: County Attorney: Coordination/SiQnatures Management & BUdget:~~purc sing: Central Services: Finance: (Check for Copy only, if applicable) >/ ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Orig Dept: PWorks: Other: Anyone with a disability requiring accommodation to attend this meeting should contact the 51. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. , ~ .." I ; - 4" TO: DONNA MULVEY FROM: GERTRUDE WALKER, CFS, SUPERVISOR OF ELECTIONS DATE: SEPTEMBER 22, 2005 SUBJECT: BUDGET ALLOCATION As in previous years, I am, at this time, requesting 25 percent ($646,465.75) of the total budgeted amount for the Supervisor of Elections office. I am requesting, on the firstof each month, the remaining to be prorated, and paid. Thank you, and if you have any questions or require any additional information please do hesitate to contact me. Mrs. Walker is requesting the 25 percent to be within her first month's (October) operating monies from the Board. cc: Wendy Foss ~ ..., AGENDA REQUEST ITEM NO: C -11 DATE: October 11,2005 Regular [ ] Public Hearing [] Consent [X] TO: Board of County Commissioners SUBMITTED BY: Community Services Department SUBJECT: Approval of two Contracts for Rehabilitation Work using funds from the CDBG and SHIP Programs. BACKGROUND: The Board applied for CDSG Housing Rehabilitation Program funds and was awarded $750,000. IFB No.4 and 5 was published and Alton Silver Homes Corp was the low bidder. FUNDS AVAIL: 001172-6420-549605-600 (CDBG Domestic Subsidy) and 185004- 5420-549607-500(SHIP Mandated Housing) PREVIOUS ACTION: Invitation for Bid was published and Alton Silver Homes Corp. was the low bidder. RECOMMENDATION: Staff recommends approval of the Contract and authorization for the Chair to sign all documents. [ ] OTHER Approved 5-0 COMMISSION ACTION: (X] APPROVED [ ] DENIED Coordination/Sianatures County Attorney: x !Y Management & Budget x Other: ~v~ Purchasing: x Originating Department: x Other: Finance: x Check for copy only, if applicable '-' HOUSING REHABILITATION PROGRAM CONTRACT FOR REHABILITATION WORK .I THIS CONTRACT, entered into this 2I!L day of October, 2005, by and between Lucille Owens hereinafter called the "Owner", and Alton M. Silver III Corporation. hereinafter called the "Contractor", with financing provided by St. Lucie County, a political subdivision of the State of Florida, hereinafter called the "County". WITNESSETH: WHEREAS, the Owner proposes to finance in whole or in part the cost of the Rehabilitation work provided for in this Contract from the proceeds or rehabilitation monies made or to be made available to the Owner from the County, using federal Community Development Block Grant funds through the Florida Department of Community Affairs and other County housing funds, ifapplicable; and WHEREAS, the Owner has accepted the Contractor's bid for the performance of such Rehabilitation Work and said Rehabilitation Work has been approved by the agency, and the Owner desires to engage the Contractor to perfonn such Rehabilitation Work in accordance with the provisions of this Contract and applicable requirements of the County. NOW, THEREFORE, for the considerations stated hereinafter, the Owner and the Contractor do hereby mutually agree as follows: GENERAL CONDITIONS Section L Property to be Rehabilitated The property to be rehabilitated pursuant to this Contract is located at 103 Tropic Court. Fort Pierce. County ofSt Lucie, State of Florida, and is more particularly described as follows: Lot 82, Sheraton Plaza, Unit Ten Replat, according to the plat thereof, as recorded in Plat Book 16, at Page 2, of the Public Records ofSt Lucie County, Florida Section 2. Contract Documents The Contract Documents which comprise this Contract for Rehabilitation Work consist of this Contract, as executed on behalf of the Owner and the Contractor, and the following additional documents, each of which has been attached to this Contract prior to its execution by the Owner and the Contractor and each of which is hereby incorporated in this Contract by reference: (a) the Work Write-up and Contractor's bid proposal, signed and dated on behalf of the Contractor as of the ~ day of October. 2005, and accepted by the O\mer as of the 5th day of October, 2005 ; and (b) the Standard Rehabilitation Specifications, including the Plan Drawings (ifany), for the Rehabilitation Work to be perfonned by the Contractor pursuant to this Contract The Contractor shall perfonn the Rehabilitation Work provided for in this Contract in strict conformance with the Contract Documents that comprise this Contract Change orders or other authorized documents pertaining to the work and issued after the execution of this Contract shall also become Contract Documents. Contract - St. Lucie County Contract for Rehabilitation Wor~ Page Two ..." The Contractor shall maintain at the site one copy of all drawings, general Specifications and Work Write-up, addenda, approved shop drawings, change orders, and other modifications in good order and marked to record all changes made during construction. These shall be available to the Owner and County upon request. Section 3. Occupancy Provision ~ '- The premises are to be 2'l.. occupied! ~ vacant for ~ days during the course of the Rehabilitation Work. I;Ù~ iv; Section 4. Contract Price Upon satisfactory completion ofthe Rehabilitation Work as detennined by the County provided for in this Contract, the Contractor shall be paid the amount of$ 45.570.00 hereinafter called the "Contract Price", which shall constitute full and complete compensation for the Contractor's performance of the Rehabilitation Work provided for in this Contract, except as otherwise provided in Section 21 of this Contract. Section 5. Time of Performance The Contractor shall commence the Rehabilitation Work provided for in this Contract within ten (10) days from the date of the Owner's issuance of the Notice to Proceed referred to in Section 8 of this Contract, unJess a delay is approved in writing by the County designee. The Contractor shall satisfactorily complete such work within sixty (60) days after issuance of the said Notice to Proceed. Said completion period may be extended upon written approval by the County designee, in conjunction with an approved Change Order, or as a result of acts of God or other extenuating circumstances beyond the Contractor's fault or control. However, time is the essence of this Contract, and extensions shall be limited to unforeseeable circumstances. The Contractor shall be responsible for scheduling the Rehabilitation Work, and for coordinating the operations of all trades, subcontractors, and suppliers engaged by the Contractor in connection with the work, in such manner as to assure the expeditious completion of the work. Section 6. ScoDe of Work The Contractor shall furnish all necessary materials, equipment, tools, labor and supervision necessary to perform in a competent and workmanlike manner, all of the Rehabilitation Work provided for in this Contract relating to the described property. No work will be provided beyond that which is included in the Work Write-up and Bid Proposal and in the Standard Rehabilitation Specifications, unless a Change Order is approved by the Owner, Contractor and County. No additional work shall be performed prior to the execution of the Change Order by all parties. Before installing any work the Contractor shall carefully study and compare the Contract Documents and the property. He/she shall report at once in writing to the County designee any error, omission, or inconsistency in the documents. Any necessary changes shall be adjusted by appropriate Change Order. However, if the Contractor fails to report any error, omission or inconsistency and installs work according to the error, omission or inconsistency, he shall bear all liabilities and costs attributable to such work. Contract - St. Lucie County ~ Contract for Rehabilitation Work Page Three .., Section 7. liquidated Damage Failure to satisfactorily complete the Rehabilitation Work within the allowed Time ofPerfonnance shall subject the Contractor to a Liquidated Damage Fee of Fifty ($50.00) dollars per day. The Fee amount shall be deducted trom the (Final) Payment to the Contractor. This fee amount is mutually agreed to, due to the difficulty in detennining the exact damage to the Owner. This Fee is not to be construed as a penalty. Section 8. Issuance of Notice to Proceed Any other provision of this Contract to the contrary notwithstanding, the Contractor shall not commence the Rehabilitation Work provided for in this Contract until the Owner and County have issued a written Notice to Proceed to the Contractor. If the Contractor does not receive the written Notice to Proceed from the Owner and County within ten (10) days fÌ"om the date of this Agreement, the Contractor, at his option, may withdraw from such Rehabilitation Work, in which event this Contract shall be considered tenninated as to all parties. As an alternative to withdrawing from said work, the Contractor may noti )' the Owner in writing that the Contractor stands ready to perfonn the Rehabilitation Work provided for in the Contract, upon receipt of the written Notice to Proceed from the Owner and County within seven (7) days of such notification by the Contractor. If the Contractors does not thereafter receive the Owner's and County's written Notice to Proceed within the time period specified in the Contractor's written notice, then this Contract shall be considered terminated without further notification or other action on the part of either the Contractor or Owner. In the event of tennination pursuant to this section, neither the Owner nor the County shall have any further obligation to the Contractor pursuant to this Agreement. Section 9. Penn its and Codes The Contractor shall, at his own expense, secure all necessary permits and licenses required in connection with the perfunnance of the Rehabilitation Work provided for in this Contract, and shall perfonn all such work in full compliance with the requirements of applicable codes, ordinances and regulations of the local government. Section 10. Insurance The Contractor shall maintain in force, between the time that the Contractor commences the Rehabilitation Work provided for in this Contract and the time that such work is completed, comprehensive public liability insurance protecting the Owner for not less than $100,000/$300,000 in the event of bodily injury, including death, and $100,000 in the event of property damage arising out of the Contractor's operations under this Contract, whether such operations be by the Contractor, any subcontractors or suppliers engaged by the Contractor in connection with such operations, or anyone directly or indirectly employed by either the Contractor or such subcontractors or suppliers, and such insurance or other coverage as is required by Florida law governing Workman's Compensation. Before conunencing the Rehabilitation Work provided for in this Contract, the Contractor shall furnish the County with certificates showing that the required insurance is in force. The Contractor's insurance policies shall also be submitted to the County for approval, and shall be endorsed to provide that the policies will not expire or be cancelled or changed until ten (10) days after written notice of expiration, cancellation or change has been delivered to the County. The Owner shall also maintain in force during the same period a property and/or builder's risk insurance policy adequate to cover the existing property and the Rehabilitation Work against damage or loss for which the Contractor is not responsible. Coverage shall provide for perils of fire and extended coverage of other fonTIS of damage and/or loss, to the full insurable value of the property. Contract - St. Lucie County '-' Contract for Rehabilitation Work Page Four .."J Section 11. Subcontracts Should the Contractor use any subcontractors for the perfonnance of any portion of the work in connection with this Contract, said work shall be deemed as perfonned by the Contractor as the Owner and the County will not acknowledge participation in this Contract by anyone other than said Contractor. All work perfonned for the Contractor by subcontractor shall be pursuant to an appropriate agreement between the Contractor and the subcontractor (and where appropriate between subcontractor and sub-subcontractor) which shall contain provisions that: a) preserve and protect the rights of the Owner and the County under the Contract with respectto the work to be performed under the subcontractor so that the subcontracting thereof will not prejudice their rights; b) require that such work to be perfonned in accordance with the requirements of the Contract Documents; c) require submission to the Contractor of applications for payments under subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment. d) require that all claims for additional costs, extensions of time, damages or delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (by any subcontractor or sub-subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; e) require the subcontractor to comply with the federal equal opportunity/affinnative action provisions outlined in Section 38 herein; and f) obligate each subcontractor specifically to consent to said provisions. Section 12. Accident Prevention The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for damages to person or property. either on or off the site, which occur as a result of his execution of the work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the County may detennine to be reasonable and necessary. Section 13. Care of Work The Contractor shall keep the premises clean and orderly during the course of the Rehabilitation Work and shall be responsible for the proper care and protection of all materials delivered and work perfonned until completion of the work. Materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor. Contract - St. Lucie County Contract for Rehabilitation WorAr...,; Page Five ...,.; Section 14. Supervision of Work The Contractor shall be responsible to the Owner for the acts and omissions of all his employees, and all subcontractors, their agents and employees, and all other persons perfonning any of the work under the Contract with the Contractor. The Contractor shall at all times enforce strict and good order among his employees and shall not employ on the work any unfit persons or anyone not skilled in the task assigned to him. The Contractor shall act as or employ a competent superintendent who shall regularly visit the project site during the progress of the work. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. Important communications will be confmned in writing. Other communications will be so confinned upon request in each case. Section IS. Utilities If the premises are occupied, the Owner shall pennit the Contractor to use existing utilities necessary to the Contractor's perfonnance and completion of the work, at no cost to the Contractor. work. If the premises are vacant, the Contractor will be responsible for providing any utilities that are required for his performance of the Section 16. Owner's Cooperation with Contractor The Owner wi1I cooperate with the Contractor to facilitate orderly and prompt performance of contractual requirements. This shall include the Owner's making necessary selections of paint colors, floor coverings, etc., in a timely manner; authorizing the payment request(s) as soon as the request(s) is/are justified; retraining ITom requesting additional work or changes in the work or materials as specified herein, except through an approved Change Order; removing, as necessary, any rugs, furniture, pictures, etc., from the room(s) being rehabilitated; and other actions as may reasonably be expected ITom the Owner in order to achieve the fulfillment of the Contract. Section 17. Contract Changes No modifications of this Contract shall be made after its execution by the Contractor and the Owner except by written instrument signed by the Contractor, accepted by the Owner and approved by the County. Section 18. Changes in the Work No changes, alterations, additions, deletions or substitutions in the work or materials called for in this Contract shall be made except through a written Change Order approved by the Owner, Contractor and County. Change Orders may be issued for the following reasons: a) Concealed code violations which were not considered in the Work Write-up are discovered, requiring additional work in order to satisfactory complete the rehabilitation. For example, deteriorated wall ftaming or plumbing lines, which are not discovered until the work begins, should be reported and a Change Order issued to include such corrections in the agreement. Contract - St. Lucie County Contract for Rehabilitation Wor~ Page Six 'WI b) The Owner desires a change in the work or materials as described in the Contract (for example, the location ofa door to be installed). Changes which are not code-required shall not involve additional public funds, and shall be limited to no- charge changes or changes for which the homeowner agrees to pay. c) Errors or inconsistencies in the Work Write-up must be corrected. The Owner, Contractor and County agree that, to the extent feasible, any pre-existing housing code violation in the dwelling which is not addressed or adequately corrected through the initial Contract shall be corrected by means of a Change Order. Section 19. Changes in the Contract Price Changes in the work must be itemized and evaluated for either increase or decrease in the Contract sum. Price decreases and increases will be in line with the Contractor's original Contract bid proposal prices and/or the County's cost estimate for the change(s). Changes in the Contract price (either increase or decrease) must be approved by the Owner, Contractor, and County, except that the Owner and Contractor may negotiate price increases for work which is not due to mandatory changes and is therefore not payable through the County. Section 20. Inspection During the performance of the Rehabilitation Work, the Contractor and Owner shall permit the United States Government, or the Florida Department of Community Affairs, or its designee, to inspect the Rehabilitation Work. The Contractor shall also permit the County's Building Inspector, and the County to examine and inspect the work as necessary to assure that the Rehabilitation Work being performed by the Contractor: a) will bring the property being rehabilitated into compliance with the requirements of the local Housing and Building Codes and other applicable codes and ordinances; and b) is being completed in accordance with the requirements of the Contract. The Contractor is responsible for requesting progress and final inspections simultaneously by the Building Inspector and the County. However, no inspector will be responsible for the Contractor's failure to cany out the work in accordance with the Contract Documents, The Contractor shall also permit inspection by the County, the Florida Department of Community Affairs, and the United States Government of all Contracts, materials, and payrolls and conditions of employment pertaining to the Rehabilitation Work being performed under this Contract. Section 21. Payment of Contract Price If the Contract Price is $6,000.00 or less, full payment will be issued upon completion of all work. If the Contract Price is in excess of$6,000.00, the Contractor may receive a partial payment and a final payment. Contract - St. Lucie County Contract for Rehabilitation W or-""" Page Seven ""'" The partial payment may be requested upon completion of sixty percent (60%) of the work. At the request of the Contractor, the County designee and Building Inspector will inspect the work to determine acceptability of the work and the percentage of work completed. If at least sixty percent (60%) of the work is completed to the County's (Director and Building Inspector) satisfaction, the Contractor shall proceed with the Request for Payment and Affidavit, certifYing that either (a) all laborers, subcontractors and suppliers have been paid in full for their goods and services provided on the job and that there are no outstanding liens or claims for liens (waivers must be supplied), or (b) a list of all unpaid parties and the amounts owed to each is attached to the form. Upon County approval of the Request for Payment and Affidavit, the documents shall be presented to the Owner for approval. Partial payment will be issued by the Owner in an amount equal to the percentage of work completed, minus a retainage of twenty percent (20%) of the Contract Price. If either the remaining Contract amount owed to the Contractor at final payment or the partial payment amount is not in excess of the amount owed by the Contractor for goods and services already provided, the County designee may authorize direct payment to the unpaid parties. Direct payment will be subtracted from the Contractor's payment. Final (including single) payment will be issued upon completion of the job. Procedures are as those required for a partial payment, with the additional requirements that the Contractor furnish the Owner, in care of the County, all warranties and certificates (pest control and insulation), and, if applicable, waivers ofIiens trom any parties listed as unpaid at the time of partial payment, as well as from any other parties providing services after partial payment. The Owner hereby grants the County the right to disburse partial and/or final payment directly to the Contractor in the event that a dispute arises between the Owner and the Contractor. Such disbursement shall be issued only after the Director has reviewed the facts and circumstances involved in the dispute and has detennined that the Owner's refusal to issue payment is without just cause. Section 22. Liens At no time shall payment be due to the Contractor if there are outstanding liens or claims ofliens on the job. Payment shall not be due until the Contractor provides all waivers or releases or liens, and satisfaction of any recorded lien, to the Owner, in care of the County. The Contractor shall protect, defend and indemnifY the Owner from any claims for unpaid work, labor or materials provided in performance of the Contract. Section 23. Hold Harmless Clause The Contractor shall indemnifY, and hold harmless the Owner, the County its officials and employees, and the Owner shall indemnifY and hold harmless the County, its officials and employees from all liability and claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense suffered or alleged to have been suffered by any person as a result of, or arising from, the Contractor's operations under this Contract, whether such operations be by the Contractor, any subcontractors or suppliers engaged by the Contractor in connection with such operations, or anyone directly or indirectly employed by either the Contractor or such subcontractors and suppliers. Contract - St. Lucie County Contract for Rehabilitation Wor~ Page Eight ....,¡ Section 24. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance. The Owner will give notice of observed defects with reasonable promptness. Section 25. Assignment of Contract The Contractor shall not assign this Contract without the prior written consent of the Owner and the prior written approval of the County . Section 26. Owner's Right to Stop the Work If the Contractor provides or fails to correct defective work, or fails to supply materials or equipment in accordance with the Contract Documents, the Owner may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated. Section 27. DisDutes All disputes arising under this Contract or its interpretation, whether involving law or mct or both, or extra work, and all claims for alleged breach of Con tract shall be presented in writing by the Contractor to the County designee within five (5) days of commencement of the dispute. Such claim shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. The County designee will provide a written decision within five (5) days. Any appeals of the County designee's decision shall be presented in writing within five (5) days to the chief executive officer of the local government. The decision on the appeal will be provided in writing within five (5) days, and will be the fmal authority in dispute. Section 28. Tennination by Owner The Owner may tenninate this Contract: a) if the Contractor is adjudged bankrupt, or ifhe makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or b) if the Contractor persistently or repeatedly refuses or fails to perfonn expeditiously, except in cases for which an extension of time is provided, or c) if the Contractor mils or refuses to provide work in accordance with the Contract, including any approved Change Order, or d) if the Contractor mils to make payment to subcontractors or suppliers for materials or labor, of Contract - St. Lucie County Contract for Rehabilitation Wor"-' Page Nine ~ e) if the Contractor persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or f) if the Contractor is otherwise guilty ofa substantial violation ofa provision of the Contract Documents. The Owner shall present a written statement of cause for termination to the County designee. Upon certification by the Grant Administrator and/or County representative that sufficient cause exists to justify such action, the Owner shall immediately issue written notice to the Contractor. Such notice shall automatically terminate the Contractor after five (5) days unless the Contractor removes the cause fortermination within five (5) days. The original Contract amount or balance thereof at the time oftermination shall be escrowed for use in completion of the work as approved by the County. Payment to the Contractor shall be issued in accordance with Chapter 713 of the Florida Statutes. Contract termination procedures as outlined herein shall not prejudice any other right or remedy to which the Owner would be entitled. Section 29. Termination bv Contractor The Contractor may tenninate this Contract: a) if the work is stopped or to be stopped for a period of twenty (20) days or longer due to an act of God, or due to an order of an appropriate court through no fault of the Contractor, or b) if the work is stopped for a period of five (5) consecutive days due to failure of1he Owner to provide necessary and reasonable infonnation, services, or cooperation. The Contractor shall present a written statement of cause for termination to the County designee. Upon certification by 1he Grant Administrator and/or County representative that sufficient cause exists to justify such action, the Contractor shall immediately issue written notice to the Owner. Such notice shall state the cause for termination, and shall provide that the Contract shall automatically terminate upon five (5) days written notice unless the Owner removes the cause for termination within the five (5) days. Upon termination of Contract, the Owner shall issue payment to the Contractor for the amount of work satisfactorily completed by the Contractor, subject to normal final payment procedures. Section 30. Interest of Federal. State. and Local Officials No member of or Delegate to the Congress of the United States, or Resident Commissioner, and no elected state official or state employee shall share in any proceeds of the Title I Community Development Block Grant referred to in the first "WHEREAS" clause on Page I of this Contract, or in any benefit to arise ITom the same. No officer or employee of the localjurisdiction or its designees or agents, no member of1he governing body, and no other public official of the locality who exercises any function or responsibility with respect to this Contract, during hislher tenure or for one year thereafter, shall have any interest, direct or indirect, in any Contract or subcontract, or the proceeds, thereof, for work to be performed. Further, 1he Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. Contract - St. Lucie County Contract for Rehabilitation Wor"" Page Ten 'WI Section 31. Disclaimer The Contractor and Owner hereby acknowledge that this Contract is solely between the Contractor and Owner and that the local government are not parties to this Contract; have no interest in this Contract; and are acting solely as a conduit through which federal funds and County housing program funds are made available to private individuals for rehabilitation of the Owner's property; and that the local government is not responsible on behalf of either the Owner or Contractor for any actions, causes or actions, suits, dues, sum of money, accounts, variances, damages and liabilities whatsoever both in law and equity or which may result from the existing state of things which have existed or will exist between the Owner and Contractor. FEDERAL CONTRACT CONDITIONS Section 32. Record and Audits The Contractor shall maintain personnel and financial records adequate to identifY and account for all costs pertaining to this Contract. These records shall be retained for five (5) years after the completion of the Contract. Records may be accessed by State, Federal or County Auditors or Monitors for the purpose of assessing the Contractor's compliance with equal opportunity requirements and for assuring proper use and accounting of all project funds. Section 33. Lead Based Paint The Contractor shall abide by the federal lead based paint provisions as outlined in the Standard Rehabilitation Specification, Section ]5.3. Section 34. Civil Rights Act of ] 964 No person shall, on the grounds of race, color or national origin, be excluded &om participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federa] financial assistance. Section 35. Section ]09 of the Housing and Community Development Act of ]974 No person in the United States shall, on the grounds of race, color, national origin, or sex, be executed ITom participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Section 36. Age Discrimination Act of] 975 No person in the United States shall, on the basis of age, be excluded &om participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal fmancial assistance. Contract - St. Lucie County Contract for Rehabilitation Wor~ Page Eleven .."" Section 37. "Section 3" Comvliance in the Provision of Training Employment and Business Ovportunities a) The work to be performed under this Contract is on a project assisted under the Small Cities CDBO Program which provides Federal financial assistance from the Department of Housing and Urban Development through the Florida Department of Community Affairs, and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and Contracts for work in connection with the project area be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 134, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c) The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, if any, a notice advising said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d) The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the Contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its Contractors or subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or Contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Contract - St. Lucie County Contract for Rehabilitation Wor~ Page Twelve ...,.¡ FOR CONTRACTS OF $10.000 OR LESS Section 38. Eaual Emplovrnent Opportunitv During the performance of this Contract, the Contractor agrees as follows: a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment orrecruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. b) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c) Contractors shall incorporate the foregoing requirements in all subcontracts. FOR CONTRACTS IN EXCESS OF $10.000 Section 39. Standard Federal Equal Emplovrnent Opportunity Construction Contract Specifications (Executive Order 11246) a) As used in these Specifications: (I) "Covered area" means the geographical area described in the solicitation from which this Contract resulted; (2) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (3) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. (4) "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); Contract ~ St. Lucie County Contract for Rehabilitation Wor~ Page Thirteen ....I (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification); and (v) Hasidic Jew. b) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work: involving any construction trade, it shall physically include in each subcontract in excess of$1 0,000 the provisions ofthese Specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations ftom which this Contract resulted. c) I f the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve such goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. d) The Contractor shall implement the specific affirmative action standards provided in paragraphs g)(I) through (16) of these Specifications. The goals set forth in the solicitation ftom which this Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction Contractors performing Contracts in geographical areas where they do not have a Federal or Federally-assisted construction Contract shall apply the minority and female goals established for the geographic area where the Contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained ITom any Office of Federal Contract Compliance Programs Order or ITom Federal procurement contracting officers. The Contractor is expected to make substantially unifonn progress in meeting its goals in each craft during the period specified. e) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these Specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. f) In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. Contract - St. Lucie County Contract for Rehabilitation Wor~ Page Fourteen .,¡ g) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (I) Ensure and maintain a working environment fÌ"ee of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record ofthe organization's responses. (3) Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the- street applicant and minority or female referral from a union, a recruitment source, or community organization and of the action taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason thereof, along with whatever additional actions the Contractor may have taken. (4) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under g)(2) above. (6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. Contract - St. Lucie County Contract for Rehabilitation Wo~ Page Fifteen ~~ ., (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifYing the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. (II) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (13) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these Specifications are being carried out. (14) Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction Contractors and suppliers, including circulation of solicitations to minority and female Contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. Contract - St. Lucie County Contract for Rehabilitation W or-"", Page Sixteen . ..., h) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (g(l) through (16». The efforts of a Contractor association, joint Contractor-union, Contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling anyone or more ofits obligations under g)(I) though (16) of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's non-compliance. i) A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment oppOrtwllty and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is under utilized). j) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. k) The Contractor shall not enter into any subcontract with any person or fnm debarred from Government Contracts pursuant to Executive Order 11246. I) The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the EquaJ Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. m) The Contractor, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph g) of these Specifications, so as to achieve maximum results trom its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these Specifications, the Director shall proceed in accordance with 41 CFR60-4.8. n) The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number where assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satis:Jy this requirement, Contractors shall not be required to maintain separate records, Contract - St. Lucie County Contract for Rehabilitation Wor-"" Page Seventeen . ~ 0) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring oflocal or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Section 40. Notice of Requirement for Affmnative Action to Ensure Equal Employment Opportunity (Executive Order 11246) a) The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. b) The goals and timetables for minority and female participation, expressed in percentage tenns for the Contractor's aggregate workforce in each trade on all conslruction work in the covered area, are as follows: Goals for minority participation Goals for female participation 30.4% 6.9% These goals are applicable to all the Contractor's conslruction work (whether or not it is Federal or Federally assisted) performed in the covered area. J f the Contractor perfonns conslruction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non-Federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affinoative action obligations required by the Specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the Contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the Contract, the Executive Order, and the regulation in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. c) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any conslruction subcontract in excess oUl 0,000 at any tier for construction work under the Contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the Contract is to be performed. Contract - St. Lucie County Contract for Rehabilitation Worl~ Page Eighteen ., "will d) As used in this Notice, and in the Contract resulting /Torn this solicitation, the "covered area" is the County. Section 41. Section 202 E<1Ual Opportunity Clause (Executive Order 11246) During the performance of this Contract, the Contractor agrees as follows: a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or tennination, rates of pay or other fonns of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration without regard to race, color, religion, sex, or national origin. c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will pennit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and others. f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government Contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g) The Contractor will include the provisions of the sentence immediately preceding paragraph a) and the provisions of paragraphs a) through g) in every subcontract or purchase order Wlless exempted by rules, regulations. or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. Contract - St. Lucie County Contract for Rehabilitation Wor~ Page Nineteen ...., Section 42. Certification of Nonsegregated Facilities By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that slbe does not maintain or provide for his/her employees any segregated facility at any ofhislher establishments, and that slbe does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. SlHe certifies further that slbe will not permit employees to perform their services at any location under hislher control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause of this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated on the basis of race, color, religion, or are in fact segregated on the basis of race, color, religion, or otherwise. SlHe further agrees that (except where slhe has obtained identical certifications from proposed subcontractors for specific time periods) slhe will obtain identical certification from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that slhe will retain such certifications in hislber files; and that slhe will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods). Section 43. Construction Industries Recovery Fund The owner may recover money lost related to performance by the contractor under this contract from the Construction Industries Recovery Fund. The fund can cover losses resulting from specific violations of Florida Law by a State Licensed Contractor. If the owner wishes to file a claim, the owner shall contact the Florida Construction Industry Licensing Board at the following telephone number and address: FCILB, 7960 Arlington Expressway, Suite 300, JacksonviJIe, Florida 32211-7467, (904) 727-6530. ADDITIONAL CONTRACT PROVISIONS If this Contract includes additional provisions not included in the General Conditions or Federal Provisions, such additional provisions shall be attached to this Contract prior to its execution by the Contractor and the Owner. If no additional provisions are to be included in this Contract, this Contract shall so state so by having the word "None" written or typed on the following line. None VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. Contract - St. Lucie County Contract for Rehabilitation W or~ Page Twenty ..".¡ IN WITNESS WHEREOF, the Contractor has executed this Contract as of the 5th day of October. 2005, and the Owner has executed this Contract as of the date above fIrst written. TIllS AGREEMENT REQUIRES TWO WITNESSES OF THE CONTRACTOR'S SIGNATURE TO COUNTERSIGN OR A NOTARIZATION OF THE CONTRACTOR'S SIGNATURE: ,:)( (~_Ö9- ~~-f. LuU ¿ (/! License Number Witness #1 Witness #2 OR NOTARY: Subscribed and sworn before me this ~ day of October, 2005. (SEAL) KAREN T SCOTT MY COMMISSION ~ DO 268067 EXPIRES: November 17, 2007 Bonded Thru No1ary pubflC Unde!Wl'itef' ~r!-r_ç(1n 7f Print Name of Notary Public ~~rsonaIlY Known Notary Public, State of Florida _ Produced IdentifIcation; Type of Identification Commission Expires ¡j!) Vf:-1-I6e.R.. /1 2.Ö()Î THIS AGREEMENT REQUIRES TWO WITNESSES OF THE OWNER'S OR OWNERS' SIGNA TURE(S) TO COUNTERSIGN OR A NOTARIZATION OF THE OWNER'S OR OWNERS' SIGNATURE(S). ~Æ~f9 ~ Witness #1 Witness #2 '.' Owner Witness # 1 Witness #2 Co - Owner OR NOTARY: Subscribed and sworn before me this -.1!:!L day of October, 2005. (SEAL) J{Þ¡1¿&},rr S'CAJ II' Notary Public, State of Florida Print Name of Notary Public Type ofIdentifIcation r:1.. Ii) 0 5J...{) lf3j- j¿¡ Commission µxpires 7'f> VblU!Jê:t> /7 Zt:v c/ Agreement approved by the Housing Rehabilitation Specialist - By: VIvc..¡, ft ;\ ßu.-i!'¿~ / fJ Agreement approved by St. Lucie County Community Services Director - By: ~ KAREN T. SCOTT MY COMMISSION # DO 26S087 EXPIRES: November 17, 2r:fJ7 Balded Thm No1aly Public iJndeIWII\I<$ _ Personally Known V' Produced Identification; 7d-ò "0 ::!Jß}W '. . . . . . . .:.:·0" .: /:::::::::/./: Contract - St. Lucie County ., '-' ,..., ST. LUCIE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION PROGRAM INVITATION FORBID (IFB) #5 .. w ...., PLEASE REMEMBER TO INCLUDE COPIES OF THE FOLLOWING DOCUMENTS IN YOUR BID PACKAGE: 1. TWO (2) COPIES WITH ORIGINAL SIGNATURES 2. PROOF OF INSURANCE 3. COpy OF LICENSES OF PRIME CONTRACTOR AND ANY SUBCONTRACTOR WHO MIGHT BE WO G ON JOB t.' :4'{/. f) 'f) '. . i t'l " ~. "''''U· ¡"",,< /·".,1,,: t7}".,"f· I}¡ I! It t . ...1' J' lJ/ 1V," 1£', . ,-", ¡:¡ {J~ If Page: 005-006 ACORD, CERT~A TE OF LIABILITY INSURANCE ...., I ~~~.;~~~~~~ IpRÇDUCER (ì72)S67-1l88 FAX (772)778-1416 I THISCERTIFICATEiSISSUEDASAMATTERCFINFORMATION I SCHUlT INSURANCE SERVICES INC . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA TE , HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I 171ì INDI.:I,N RIVER BLVD AL TER THE COVERA.GEAFFORDED 8Y TH: POliCIES SEcOW. i SUITE 300 , i VERC BE4CH, FL 32960 ! iNSURERS AFFORDING COVERAGE ! NAlC;I IIN5UP.ED A1 ÚJn-M:SìT~TÜ Corp. : ,,"S'..":.'?"· Mid-Continent Casualty Company I 803 11TH Court SW I "'SlREB Verc Beach, Fl 32960 ~c --1 I 1"'0, 'F'·"' I I I ;;,;~~;~; ¡ , o I -< -I -~ POlIC, ~ur~sCR 04Gl000588398 UMITS c\~tv,.~';'t; ,OR,;;;i';:_~ :.¡:;-=,,_:! ~.:::; IF~ ...,''', :';:",,"~! [$ 500,ÖO-' 100,001)1 Excl ude~ 500,00 1,000,OOoj 1,000,000¡ Ë~Œ-! XCU~¡::;E;-¡C:= t,-:E E.l(P~Ar>~ ('~ep~"O:1) !ii i$ It I> A PE.:;:S(")1'-';,L::: ;:¡Cv iN.!i.JR',' "--' . 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[i'Y , S.';'.C-I.;.,C'CŒt,['7 I $ ¡ I ';~JY ~f:.CP~¡¿:':':'R'PA.F:TI£f:2.'¡::;-:E:'::..JT1')E I i O;;;~i':E;;·,!:'~~E:o.!8E;:{ E::~CL~.'::~2:;-1 EL [:ISEAS2- E,t,,_ ;:::\:¡:"LCVEF i If \{69. des..::~bH WI¡;QI I ; i I I EL DJSE.::'S.E· POL!C'i' ~,Mrr $ SÞ>=OAL FROV~StaNS beic',.. I ! I O"!'HER. I ! I i I ; CC,\{SNED SIN::;I= 1j\1iT ~ i I' I ; I .! t DESCR!~lJtl a~ QP=~itONS ilOCA.110NS i- ·"EH!CL.E9IeXCLU9~ONSAODED B'f E¡.. CORSEMENT ( ~ECIAL PROvtSIONS I ¡ I ì , I I CERTIFICATE HOLDER I ¡ I I i j I $HCULD AW 0;: :HE ABOVE DeSCRIBED P'CL!Cn::::: SE CA:-.!CEi..LE'D 8EFOR£: THt= St Lucle County Contractors Attn: Dot 2300 Virginia Avenue Ft Pierce, FL 34982 Cert·¡fication =XPIRAìJQN DÞ.f¡; THEREOf, n'.e lSSUJNG iNSURER 'HiLi.. END';Þ,YOR TO ~-,1,:.\!L -1.Q....:lAYSWFUTi"ËN NCi!CETO THE CER.TIFICATE HiJLnER. NÞ,MED 'TO Tr-!;: U;=T, BUT FAiLU.:æ TO àIUU:.. SUCH NOTiCE SH.AL!.. WlPOSE.NO wS<-,G;"l1CN QR i..)AB;UTY c¡: AN'.' K11'ID UPC« ":'HE iNSURER, ¡is: A.GEN":'S aR~EP!t..E..$EN";"A.T!V:S. AUTHORaEDREPRE3ENTATW; r7<"j l! LlJd- 1.,.·~1+Ÿ I ; ..ç~f1..i..-~.'(., f It) ACORD 2S (2001:08) FA-X: (7ï2)462-2522 Jeffrey Schl itt, CPCUíLo\R ©ACORD COP.PO!t::'T!ON 1982 '-' ST. LUCIE COù~-TY CONTRACTOR CERTIFICATION 2300 VIRGINIA AVENUE¡ ROOM 210 FORT PIERCE, FLORIDA 34982 PHONE: (772)4 62 -1672 OR 462 -1673 ..." COMPETENCY CARD Cert Nbr: 21202 Class Code: 1250 Type: R Status: ACTV Cert Exp 09/30/05 State Exp 10/06/05 Liab Exp OS/20/05 W/C Exp 03/14/06 " Note: This competency card¡ issued by the St. Lucie County Contractol Certification Division, authorizes work for the class code stated, for thE unincorporated areas of St. Lucie County. It does not authorize work for thE City of Fort Pierce, St. Lucie Village or the City of Port St. Lucie. IL is thE contractor's responsibility to maintain this card in a current status b) providing Certificate of Insurance, current address and telephone numbe¡ information and renewing this card annually as required. -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- 'Ihis Certificate is' subj;Q:.S::,;~p~:s.t}.~:~ucie County revocat:ion and stlsperrsl.on by cQn~·i'ß~~~ëo.i',·;cei~i'Ï:ic~-tlon St. Lucie County ExarninìIl9 Boa~d. .. qualified DBA: ALTON l-I SILVEP.. .trT CO"RP TH!S IS TO CER'!'f:f;,,~kT':-¡U.;TON M:_siLVER "tIT as a ce::tifled BESIDEN1'IAL -REGtS72R-èb--c:ontràctor for pe:;,-iod f:::-Gw',-~O!.1./2004-,,·t69/30{2-0{,-5 S:u.bJe,::t" to St. Lucie Count.y Code ef C:Ó:!inanç'e,s _:!~d _::'c:ripilo::"d La'.....s Date, 10/06/"4 1,· t.····· .. . \ ~iI~i, "[ ~ .__.~"" . '~~~.'·-v,..I~.. C~r:.tr:;'¡'.::t~:r L_:..cer:.sing M'.E:::"C1..'1..L '-' ..., ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS INVITA nON FOR BID ST. LUCIE COUNTY HOUSING PROGRAM St. Lucie County hereby requests BIDS from qualified bidders for the rehabilitation of five (5) single farrùly homes located in unincorporated St. Lucie County as a part of the St. Lucie County Housing Program which consists of Community Development Block Grant (CDBG) and S.H.I.P. Housing Programs. Bids are due no later than 11 :00 a.m. Eastern Time on Thursday, August 31, 2005 and delivered or mailed to: Mr. Edward Parker, St. Lucie County Purchasing Director, 2300 Virginia Avenue, Fort Pierce, Florida 34982 (the County will not assume any responsibility for bids received past the bid opening time). Any and all bids received after this time and date will not be opened or considered. Bids should be submitted in a separate sealed envelop marked "ST, LUCIE COUNTY HOUSING PROGRAM - IFB #1", "ST. LUCIE COUNTY HOUSING PROGRAM - IFB #2", "ST. LUCIE COUNTY HOUSING PROGRAM - IFB #3", "ST. LUCIE COUNTY HOUSING PROGRAM - IFB #4",and "ST. LUCIE COUNTY HOUSING PROGRAM - IFB #5". All bids must be accompanied by all forms noted in bid package and proof of insurance, licenses as requested in bid package. Forms must be fully executed by the responder and returned with the bid. For specific project information, contact Ms. Nancy Phillips at 561-432-1524 or by FAX at 561- 432-6734. Bids will be opened at 11:15 a.m. on Wednesday, August 31, 2005 in the St. Lucie County Purchasing Department, 2300 Virginia Avenue, Fort Pierce, Florida 34982. A mandatory meeting and contractor walk-thru for review of these projects will be held on Thursday, August 11, 2005 at 10:30 a.m. in the Conference Room ofthe St. Lucie County Community Services Department, 437 N. 7th Street, Fort Piece, Florida 34950. Any firm not represented at this meeting will be unable to bid. All potential bidders must be in the Conference Room no later than 10:45 a.m. in order to participate in this IFE. St. Lucie County reserves the right to accept or reject bids. S1. Lucie County is an Equal Opportunity Employer, actively seeking Minority Contractor Participation and promotes Fair Housing. Frannie Hutchinson Chairperson, St. Lucie County Board of County Commissioners '-" ...., INSTRUCTIONS TO BIDDER To be considered, proposals must be made in accordance with these instructions: 1. Each bidder must submit their bid on the attached Work Write-Up/Bid Form with all itemized and lump sum prices completed. This form must be returned in your bid package. All vacant spaces must be properly completed or the Work Write-Up/Form may be rejected, Proposals must be based on the work called for in the Standard Rehabilitation Specifications booklet. 2. Bidders should carefully examine the property or properties before submitting their proposal. 3. Any seeming inconsistencies, omissions, or proposed changes in the Work Write-Up/Bid Form must be inquired into by the prospective bidder at least 24 hours prior to bidding. Decisions of major importance on such matters shall be issued in the form on an addendum. All addenda will become a part of the Contract Documents and receipt of same by the bidder must be acknowledged on the Work Write-Up/Bid Form. 4. Improper preparation, errors in and/or omissions for proposals will relieve bidders from fulfillment of any and all obligations and requirements of the Bid Proposal Form and Work Write-Up/Bid Form. All bids are submitted at the bidder's risk. 5. Each bidder will be assumed to be familiar with federal, state, and local laws, charter provisions, codes, ordinances and regulations which might in any manner affect the work to be completed or persons to be employed. 6. The County reserves the right to refuse any bids and to negotiate with the low bidder. 7. No contact should go to the subject property for any reason without first making arrangements with the owner. All materials or color selections should be made at the contract signing appointment. 8. Contractors will not be given extra reimbursement for any conditions not specified in the Work Write- Up/Bid Form or in approved change orders. No allowance or reimbursement will be made for damage caused by inferior methods, craftsmanship, or judgment. 9. All work shall be completed in accordance with the Standard Rehabilitations Specification booklet, Standard Building Code and/or Local Housing Code, unless otherwise noted. 10. Lead Based Paint Hazards - It is the responsibility of the Contractor to eliminate any Lead Based Paint found to exist within a structure in accordance 24 CRF Subpart C. The rehabilitation of residential structures with assistance provided under this Agreement is subject to HUD Lead Based Paint regulations, 24 CFR, Part 35. Any grant or loans made by the grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of Lead Based Paint Hazards under subpart B of said regulations, and the grantee shall hold the contractor responsible for the clearance test required under this program. 11. The Contractor is responsible for all impact fees and permit fees for cormection when called for in the Work Write-Up/Bid Form. '-' ,.." 12. Permits, certifications on insulation, manufacturer's warranties, termite bonds, etc., must be provided to the Owner and/or local government. 13. All materials must be FHA approved. Cabinets are to be pre-manufactured and of wood. 14. No final request for payment will be honored without release of liens. Joint checks will only be made to cover debt as may be required to continue work. Subcontractor and material men list must be provided and updated as additions are made. No UIÚnsured subcontractors are allowed on site. 15. It is the responsibility of the Contractor to submit a request for payment in proper time and fonn for . prompt payment. 16. The following documents must be completed and returned with the bid. Failure to return these documents may cause the bid to be rejected: A. Contractor's Bid Proposal Fonn B. Work Write-up/Bid Fonn C. Drug Free Work Place Fonn D. Public Entity Crimes Form E. Certification of Bidders Regarding Section 3 and Segregated Facilities '-' ...., DRUG FREE WORK PLACE FORM Statute 287-087 hereby certifies that does: 1. Publish a statement notifYing employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifYing the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection (1). . 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer or any conviction or, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such convictión. 5. hnpose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. that this fmn complies fully with the above requirements. '-' .." SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. or Contract for ST. LUCIE COUNTY HOUSING 2. This sworn statement is submitted by statement) whose business address IS: applicable) its Federal Employer Identificåtion Number (FEIN) is: . (If the entity include the Social Security Number of the individual signing this sworn statement: has ~7) »~' ! .) 3. My name is . names above is (please print name of in¡;[jvidual signing) and my relationship to the entity 4. I understand that a "public entity crime" as defmed in Paragraph 287. 133 (l)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft. bribery, collusion, racketeering, conspiracy, or material misrepresentations. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or infonnation after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defmed in Paragraph 287.133(1)(a), Florida Statutes. means: A. A predecessor or successor of a person convicted of a public entity crime; or B. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The tenn "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income amoµg persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defmed in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a Pllblic entity, or which otherwise transacts or applies to transact business with a public entity. The tenn "person" includes those officers, directors, executives, partners. Shareholders, employees, members, and agents who are active in management of an entity. '-" ..." 8. Based on information and belief, the statement which I have marked below is true in relations to the entity submitting this sworn statement. (Indicate which statement applies). o Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 1, 1989. o The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. o The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida , Division of Administrative Hearings and the fmal Order entered by the Hearing Officer determined that it was not in t.'1e public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the fmal order). I UNDERSTAND THAT THE SUBMISSION OF TillS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTlFŒD IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFO&\.1 THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT E T T· '~OUNT PROVIDED IN SECTION 287.017, FLORIDA STA C ...~ífHE INFORMATION CONTAINED IN THIS FORM. ~~Oç-- Dale ~. ./ , ..~ Sworn to and subscribed before me this ~ day of Personally known p k OR Produced Identification Type of Identification f ft . 1ub ._ , 20tJ c:: (; I _ « .. ~ " AI 4{-:c- Notmy Public - S_ o"'on';:;l ;0/(1-:2 My Commission Expires: .'. . -T SEAL OR STAMP 1';1\ Thomq Stadelm8n \ <!f. j My Commiaaion DD213ðOð .. '" Expires Me)' 20, 2001 '-' ....., CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILITIES St. Lucie County - IFB # Project Name and Number 4(-/01 (r/ ,5í/l;R JJ{ eæP Name of Prime Contractor The undersigned hereby certifies that: 1. Section 3 provisions are included in the Contract. 2. A written Section 3 plan was prepared and submitted as part of the bidding proceedings, if requested. 3. No segregated facilities will be maintained. Date ~ ...., ST. LUCIE COUNTY HOUSING PROGRAM CONTRACTOR'S BID PROPOSAL FORM BID PROPOSAL TO: Lucille Owens Address: 103 Trouic Court Fort Pierce. FL 34946 Home Phone: 772-464-8157 Work Phone: 792-7#~5ð06 CONTRACTOR'S NAME: #//01/ (If S/¡/dJJT t!Ofp Address: ~~~~ ~ f~;f'~ í1;pt:/!tI i~J:1I1) Work Phone: .'__ L/ ______ V" I-,...... , .., -. ./ LEGAL DESCRIPTION OF PROPERTY: Lot 82, Sheraton Plaza, Unit Ten Replat, according to the plat thereof, as recorded in Plat Book 16, at Page 2, of the Public Records of S1. Lucie County, Florida PROPOSAL The Contractor proposes to furnish all labor and materials to complete the rehabilitation work as listed in the attached Work Write-UplBid Foun and according to the S1. Lucie County Housing Rehabilitation Program, Standard Rehabilitation Specifications booklet for the property listed above. Bid amount totals the following: tiC;' ,---.2'c.. #.Pì a. Total Dollar Amount of Bid: $ ':Ä.- I ~ T C. L:~. t b. This Bid includes completion of all labor and materials for items identified in the attached Bid Specifications plus addendum. SUBCONTRACTOR All Subcontractors must be properly licensed. The Contractor proposes to use the following Subcontractors. If any other Subcontractors are used, he agrees to furnish, in writing, their names, address, and copy of their license to the County and Owner. Pt. >. ...{J fi""}' J.¡;ll!í'.l't(,/· L/r'~('.}.,'lD ¡ . ,. if ! (l / / .....' l'l C- v,l'-... . . I(.'~, ,. ,t /', R./ ,,') A r'(' JT)~<1!' [Iy/-d.1 f·{!~-, 11¡/ L/ . . I ¡ -':.Iv II \',,/ VI 1 t~ I . V '. ~ '~ ' I ' I . /It¿~U) UJ/IÎ 1;OU/5 ð: 'T)r(:'I';;'C r'Î,'i/u í ,I....;. /",/1_.. / I,' Ii /,'/1 "-<1" '-"~""'~J ,~.,.. 'I.. v --- / ,/ t) ~)(jç -- dÔOCl. J\ L/ V '~ ) ( /) /'.'J../1 ;:/.1 .' 12¡/~' /. /' J"i, {" )[/ j?!(¿ I ì, 1/ t~ ¡lI Y , f- I ~ ¡' J /. 'vL ¡ l.r 'f ¡ . , I 1'1 ,..../)(/ 1 i f I'" SIll> 7 / ;;1--_/' g t;1~ ~ ~i /r.' '." ,;-/- ".{,./ . I r i / fll-I"\-/ 'w- ....., a. 2. b. c. Other COMPLETION TIME If awarded this work, the Contractor agrees to begin work within ten (10) days after the receipt of the written "Notice of Proceed", as issued, and agrees to complete the entire project within sixty (60) days of the ordered proceed date. f.fl"Ø{ Bz;R fJ¿RflJ If f1P1 f '77 vYl ¿ CONDITIONS OF BID The Contractor warrants she/he has carefully examined the Standard Rehabilitation Specifications booklet and the site where the work is to be perfonned. The Contractor is certain of the conditions at the site and has a clear understanding of the work to be completed. The Contractor agrees to provide a limited one (1) year warranty on the work completed as part of this project. The Contractor agrees that she/he will execute this Bid Proposal Form, a Contract for Rehabilitation Work, and the Work Write-UplBid Fonn between the Contractor and Owner if this Contractor's Bid Proposal is accepted by the Owner and St. Lucie County, as the Owner's Agent. The Contractor also clearly understands that he/she will not enter into any additional work and/or agreements with the homeowner without the written approval of the Program Administrator. There shall be no exchange of financial resources and/or bartering between the Contractor and Homeowner, PAYMENT SCHEDULE St. Lucie County agrees to pay to the Contractor, upon submittal of the appropriate paperwork, in three (3) payment draws, The first payment will be made at least 60 percent completion of the job, the second payment will be made at 100 percent completion of the job, and the third payment will be the retainage amount. Only one payment will be made for SHIP and other housing program funds, if applicable, RETAINAGE St. Lucie County will hold twenty (20) percent retainage of the total contract amount for a period of 45 days after the issuance of the final Certificate of Occupancy. "'"" ..., INSURANCE St. Lucie Cmrnty shall require that the Contractor provide proof of insurance with this contract. The Contractor shall maintain workers compensation insurance as required by the State of Florida and liability insurance in the amount of $1 00,000/300,000. LEAD PAINT It is the Contractor's responsibility to ensure that all workers are utilizing Safe Practices techniques for "interim controls" in the handling of lead paint hazards, if applicable. It shall be the Contractor's responsibility to schedule the lead clearance test. PROPERTY MUST PASS CLEARANCE TESTING FOR RELEASE OF FUNDS. ACCEPTk'lCEOFCONfRACTOR, ~~ Date IO-S-() 5 ACCEPTANCE OF OWNER: )'..-r:~f-' ~ ø,-, b".-1'0/ Date 10· .~-- (f:;- Date . . .: ,":; "::::.::.:. "0".:.' .:":. . II .:~.:~.:. "I' .' . . ..... .... :1· I. " ",, I -::::::..:::::?:/.:/.:. '. . . ACCEPTANCE OF COUNTY, AS OWNER'S AGENT Date '" ....., ST. LUCIE COUNTY HOUSING REHABILITATION PROGRAM WORK WRITE-UP/BID FORM OWNER: Lucille Owens ADDRESS: 103 TroDic Court. Ft. Pierce PHONE #: 772-464-8157 DATE: Mav 9. 2005 The work write-upfbid form is a general outline of the work to be performed. Please refer to the project specification booklet for detailed instructions for each item noted below. Item # System Description of Work Location Price 001 INTERIOR Replace paneling on East wall of den, install Den and Utility -ìJ~( qSD drywall on West wall ofutÜity room. Room 002 PLUMBING Replace tub and surround, including new Various jh/¡~¥O valves and fixtures. Replace Kitchen sink. Install combustion air vent for water heater. ~b 003 ELECTRICAL Repair switch and/or receptacle in living room. Various .J J¡<l1V flit+- ì/\ Replace light fixtures in kitchen, bedroom and ~. L<...-l Il 1 ( CûJ¡>v den. Replace refrigerator and gas range. Install smoke detectors in each bedroom and hallway, hardwired in sequence. Install GFIC protected receptacles in kitchen (all countertop receptacles), bathrooms, and exterior 004 INSULATION Insulate attic to minimum R-30. Attic 'j r 005 WINDOWS Replace all windows (except for the three All ~ I s-ro already replaced). 006 DOORS Replace 3 exterior doors with new pre-hung Various $l//lt() . doors, including hardware and deadbolts keyed alike. Change swing to interior swing. Install new screen doors. 007 CABINETS Replace kitchen cabinets with same footage Kitchen .jf{j¡; ;-0 including countertops. 008 TREE Remove 2 trees, grind stumps. ß0090 REMOVAL TOTAL BID Homeowner Signature Contractor Signature ~¿; ~ ..", TIDS PAGE MUST BE INCLUDED WITH THE BID FOR IT TO BE VALID All work to be performed in a workmanlike manner, in accordance with the CDBG Program Specifications, local codes, and manufacturer specifications. The contractor shall be responsible for repairs andlor reinstallations of materials/equipment/fIXtures damaged or removed due to any work item contained herein. Contractors shall properly dispose of all fixtures, materials and other items removed from tbe dwelling unless otherwise specified herein. All items must be cost itemized in the space provided or the bid will be rejected. Work must be})~. o.~pleted a~d ap)J~. oved withi~ 60 days of the issuance of the Notice to Proceed. ~./1ePl13'i£ f~ffJJlf ¡,,(/èl/f1íMt The house is to be. "f.. Y- occupied; .~ vacant for 60 days. I hereby certify that I am licensed by the State of Florida, Department of Business and Professional Regulation, and that I am eligible to participate in the CDBG program. I also agree that change orders above the original contract amount shall only be paid for with CDBG funds to correct documented code violations or to meet Section 8 Housing Quality Standards. Change orders must be approved by the homeowner or his representative, the contractor, and local government prior to any initiation of work based on that change order. Contractor's Signature: Contractor's Name (print Name): Contractor's Address: Contractor's Phone Number: OFFICIAL USE ONLY DATE SUBMITTED: DATE ACCEPTED: BID OPENED BY: WITNESSED BY: DATE OPENED: TIME: WORK WRITE-UP PREPARED BY: Jay Moseley Date: May 9.2005 Homeowner Signature Contractor Signature '-' HOUSING REHABILITATION PROGRAM CONTRACT FOR REHABILITATION WORK ~ THIS CONTRACT, entered into this 5th day of October. 2005. by and between Karen Ketchum hereinafter called the "Owner", and Alton M. Silver III Corporation. hereinafter called the "Contractor", with financing provided by S1. Lucie County, a political subdivision of the State of Florida, hereinafter called the "County". WITNESSETH: WHEREAS, the Owner proposes to finance in whole or in part the cost of the Rehabilitation work provided for in this Contract from the proceeds or rehabilitation monies made or to be made available to the Owner from the County, using federal Community Development Block Grant funds through the Florida Department of Community Affairs and other County housing funds, ifapplicable; and WHEREAS, the Owner has accepted the Contractor's bid for the performance of such Rehabilitation Work and said Rehabilitation Work has been approved by the agency, and the Owner desires to engage the Contractor to perform such Rehabilitation Work in accordance with the provisions of this Contract and appJicable requirements of the County. NOW, THEREFORE, for the considerations stated hereinafter, the Owner and the Contractor do hereby mutually agree as follows: GENERAL CONDITIONS Section L Property to be Rehabilitated The property to be rehabilitated pursuant to this Contract is located at 149 NE Jardain Road. Port S1. Lucie, County ofS1. Lucie, State of Florida, and is more particularly described as follows: Lot 19, Block 78, River Park, Unit Nine, Part B, according to the plat thereof, as recorded in Plat Book 14, at Page 47, of the Public Records of S1. Lucie County, Florida Section 2. Contract Documents The Contract Documents which comprise this Contract for Rehabilitation Work consist of this Contract, as executed on behalf of thc Owner and the Contractor, and the following additional documents, each of which has been attached to this Contract prior to its execution by the Owner and the Contractor and each of which is hereby incorporated in this Contract by reference: (a) the Work Write-up and Contractor's bid proposal, signed and dated on behalf of the Contractor as of the 2!!L... day of October. 2005, and accepted by the Owner as of the 5th day of October, 2005; and (b) the Standard Rehabilitation Specifications, including the Plan Drawings (if any), for thc Rehabilitation Work to be pcrformcd by the Contractor pursuant to this Contract. The Contractor shall perform the Rchabilitation Work provided for in this Contract in strict conformance with the Contract Documents that comprisc this Contract. Change orders or other authorized documents pertaining to the work and issued after the exccution of this Contract shall also become Contract Documents. Contract - St. Lucie County Contract for Rehabilitation Wor!\...; Page Two -..,J The Contractor shall maintain at the site one copy of all drawings, general Specifications and Work Write-up, addenda, approved shop drawings, change orders, and other modifications in good order and marked to record all changes made during construction. These shall be available to the Owner and County upon request. Section 3. OccuDancv Provision The premises are to be XX occupied/_ vacant for ~ days during the course of the Rehabilitation Work. Section 4. Contract Price Upon satisfactory completion of the Rehabilitation Work as determined by the County provided for in this Contract, the Contractor shall be paid the amount of$ 64.085.00 hereinafter called the "Contract Price", which shall constitute full and complete compensation for the Contractor's performance of the Rehabilitation Work provided for in this Contract, except as otherwise provided in Section 21 of this Contract. Section 5. Time of Performance The Contractor shall commence the Rehabilitation Work provided for in this Contract within ten {I 0) days from the date of the Owner's issuance of the Notice to Proceed referred to in Section 8 of this Contract, unless a delay is approved in writing by the County designee. The Contractor shall satisfactorily complete such work within sixty (60) days after issuance of the said Notice to Proceed. Said completion period may be extended upon written approval by the County designee, in conjunction with an approved Change Order, or as a result of acts of God or other extenuating circumstances beyond the Contractor's fàult or control. However, time is the essence of this Contract, and extensions shaH be limited to unforeseeable circumstances. The Contractor shall be responsible for scheduling the Rehabilitation Work, and for coordinating the operations of all trades, subcontractors, and suppliers engaged by the Contractor in connection with the work, in such manner as to assure the expeditious completion of the work. Section 6. ScoDe of Work The Contractor shall furnish all necessary materials, equipment, tools, labor and supervision necessary to perfonn in a competent and workmanlike manner, all of the Rehabilitation Work provided for in this Contract relating to the described property. No work will be provided beyond that which is included in the Work Write-up and Bid Proposal and in the Standard Rehabilitation Specifications, unless a Change Order is approved by the Owner, Contractor and County. No additional work shall be performed prior to the execution of the Change Order by all parties. Before installing any work the Contractor shall carefully study and compare the Contract Documents and the property. He/she shall report at once in writing to the County designee any error, omission, or inconsistency in the documents. Any necessæy changes shall be adjusted by appropriate Change Order. However, if the Contractor fails to report any error, omission or inconsistency and installs work according to the error, omission or inconsistency, he shall bear all liabilities and costs attributable to such work. Contract - St. Lucie County ¥ Contract for Rehabilitation Work Page Three ...",,¡ Section 7. liQuidated Damage Failure to satisfactorily complete the Rehabilitation Work within the allowed Time of Performance shall subject the Contractor to a Liquidated Damage Fee of Fifty ($50.00) dollars per day. The Fee amoWlt shall be deducted from the (Final) Payment to the Contractor. This fee amount is mutually agreed to, due to the difficulty in determining the exact damage to the Owner. This Fee is not to be construed as a penalty, Section 8. Issuance of Notice to Proceed Any other provision ofthis Contract to the contrary notwithstanding, the Contractor shall not commence the Rehabilitation Work provided for in this Contract until the Owner and County have issued a written Notice to Proceed to the Contractor. If the Contractor does not receive the written Notice to Proceed from the Owner and COWlty within ten (10) days from the date of this Agreement, the Contractor, at his option, may withdraw from such Rehabilitation Work, in which event this Contract shall be considered terminated as to all parties. As an alternative to withdrawing from said work, the Contractor may notify the Owner in writing that the Contractor stands ready to perform the Rehabilitation Work provided for in the Contract, upon receipt of the written Notice to Proceed from the Owner and County within seven (7) days of such notification by the Contractor. If the Contractors does not thereafter receive the Owner's and COWlty'S written Notice to Proceed within the time period specified in the Contractor's written notice, then this Contract shall be considered tenninated without further notification or other action on the part of either the Contractor or Owner. In the event of termination pursuant to this section, neither the Owner nor the COWlty shaH have any further obligation to the Contractor pursuant to this Agreement. Section 9. Permits and Codes The Contractor shall, at his own expense, secure all necessary permits and licenses required in connection with the performance of the Rehabilitation Work provided for in this Contract, and shall perform all such work in full compliance with the requirements of applicable codes, ordinances and regulations of the local government. Section 10. Insurance The Contractor shall maintain in force, between the time that the Contractor commences the Rehabilitation Work provided for in this Contract and the time that such work is completed, comprehensive public liability insurance protecting the Owner for not less than $100,000/$300,000 in the event of bodily injury, including death, and $100,000 in the event of property damage arising out of the Contractor's operations under this Contract, whether such operations be by the Contractor, any subcontractors or suppliers engaged by the Contractor in connection with such operations, or anyone directly or indirectly employed by either the Contractor or such subcontractors or suppliers, and such insurance or other coverage as is required by Florida law governing Workman's Compensation. Before commencing the Rehabilitation Work provided for in this Contract, the Contractor shall furnish the County with certificates showing that the required insurance is in force. The Contractor's insurance policies shall also be submitted to the COWlty for approval, and shall be endorsed to provide that the policies will not expire or be cancelled or changed until ten (10) days after written notice of expiration, cancellation or change has been delivered to the COWlty. The Owner shall also maintain in force during the same period a property and/or builder's risk insurance policy adequate to cover the existing property and the Rehabilitation Work against damage or loss for which the Contractor is not responsible. Coverage shall provide for perils of fire and extended coverage of other forms of damage and/or loss, to the full insurable value of the property. Contract - St. Lucie County , '-' Contract for Rehabilitation Work Page Four ....¡ Section 11. Subcontracts Should the Contractor use any subcontractors for the performance of any portion of the work in connection with this Contract, said work shall be deemed as performed by the Contractor as the Owner and the County will not acknowledge participation in this Contract by anyone other than said Contractor. All work performed for the Contractor by subcontractor shall be pursuant to an appropriate agreement between the Contractor and the subcontractor (and where appropriate between subcontractor and sub-subcontractor) which shall contain provisions that: a) preserve and protect the rights of the Owner and the County under the Contract with respect to the work to be perfonned under the subcontractor so that the subcontracting thereof will not prejudice their rights; b) require that such work to be performed in accordance with the requirements of the Contract Documents; c) require submission to the Contractor of applications for payments under subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment. d) require that all claims for additional costs, extensions of time, damages or delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (by any subcontractor or sub-subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; e) require the subcontractor to comply with the federal equal opportunity/affirmative action provisions outlined in Section 38 herein; and t) obligate each subcontractor specifically to consent to said provisions. Section 12. Accident Prevention The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for damages to person or property, either on or off the site, which occur as a result of his execution of the work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the County may determine to be reasonable and necessary. Section 13. Care of Work The Contractor shall keep the premises clean and orderly during the course of the Rehabilitation Work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion of the work. Materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor. Contract - St. Lucie County Contract for Rehabilitation W o~ Page Five ...." Section 14. Supervision of Work The Contractor shall be responsible to the Owner for the acts and omissions of all his employees, and all subcontractors, their agents and employees, and all other persons perfonning any of the work under the Contract with the Contractor. The Contractor shall at all times enforce strict and good order among his employees and shall not employ on the work any unfit persons or anyone not skilled in the task assigned to him. The Contractor shall act as or employ a competent superintendent who shall regularly visit the project site during the progress of the work. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. Important communications will be confmned in writing. Other communications will be so confirmed upon request in each case. Section IS. Utilities If the premises are occupied, the Owner shall pennit the Contractor to use existing utilities necessary to the Contractor's perfonnance and completion of the work, at no cost to the Contractor. If the premises are vacant, the Contractor will be responsible for providing any utilities that are required for his perfonnance of the work. Section 16. Owner's Cooperation with Contractor The Owner will cooperate with the Contractor to facilitate orderly and prompt perfonnance of contractual requirements. This shall include the Owner's making necessary selections of paint colors, floor coverings, etc., in a timely manner; authorizing the payment request(s) as soon as the request(s) is/are justified; refraining trom requesting additional work or changes in the work or materials as specified herein, except through an approved Change Order; removing, as necessary, any rugs, furniture, pictures, etc., !Tom the room(s) being rehabilitated; and other actions as may reasonably be expected from the Owner in order to achieve the fulfillment of the Contract. Section 17. Contract Changes No modifications of this Contract shall be made after its execution by the Contractor and the Owner except by written instrument signed by the Contractor, accepted by the Owner and approved by the County. Section 18. Changes in the Work No changes, alterations, additions, deletions or substitutions in the work or materials called for in this Contract shall be made except through a written Change Order approved by the Owner, Contractor and County. Change Orders may be issued for the following reasons: a) Concealed code violations which were not considered in the Work Write-up are discovered, requiring additional work in order to satisfactory complete the rehabilitation. For example, deteriorated wall framing or plumbing lines, which are not discovered until the work begins, should be reported and a Change Order issued to include such corrections in the agreement. Contract - St. Lucie County Contract for Rehabilitation Wo~ Page Six ...., b) The Owner desires a change in the work or materials as described in the Contract (for example, the locationofa door to be installed). Changes which are not code-required shall not involve additional public funds, and shall be limited to no- charge changes or changes for which the homeowner agrees to pay. c) Errors or inconsistencies in the Work Write-up must be corrected. The Owner, Contractor and County agree that, to the extent feasible, any pre-existing housing code violation in the dwelling which is not addressed or adequately corrected through the initial Contract shall be corrected by means ofa Change Order. Section 19. Changes in the Contract Price Changes in the work must be itemized and evaluated for either increase or decrease in the Contract sum. Price decreases and increases will be in line with the Contractor's original Contract bid proposal prices and/or the County's cost estimate for the change(s). Changes in the Contract price (either increase or decrease) must be approved by the Owner, Contractor, and County, except that the Owner and Contractor may negotiate price increases for work which is not due to mandatory changes and is therefore not payable through the County. Section 20. Inspection During the perfonnance of the Rehabilitation Work, the Contractor and Owner shall pennit the United States Government, or the Florida Department of Community Affairs, or its designee, to inspect the Rehabilitation Work. The Contractor shall also pennit the County's Building Inspector, and the County to examine and inspect the work as necessary to assure that the Rehabilitation Work being perfonned by the Contractor: a) will bring the property being rehabilitated into compliance with the requirements of the local Housing and Building Codes and other applicable codes and ordinances; and b) is being completed in accordance with the requirements of the Contract. The Contractor is responsible for requesting progress and final inspections simultaneously by the Building Inspector and the County. However, no inspector will be responsible for the Contractor's failure to carry out the work in accordance with the Contract Documents. The Contractor shall also pennit inspection by the County, the Florida Department of Community Affairs, and the United States Government of all Contracts, materials, and payrolls and conditions of employment pertaining to the Rehabilitation Work being perfonned under this Contract. Section 21. Payment of Contract Price If the Contract Price is $6,000.00 or less, full payment will be issued upon completion of all work. If the Contract Price is in excess 0[$6,000.00, the Contractor may receive a partial payment and a fmal payment. Contract - St. Lucie County Contract for Rehabilitation Wor\.,- Page Seven ...., The partial payment may be requested upon completion of sixty percent (60%) of the work. At the request ofthe Contractor, the County designee and Building Inspector will inspect the work to determine acceptability of the work and the percentage of work completed. If at least sixty percent (60%) of the work is completed to the County's (Director and Building Inspector) satisfaction, the Contractor shall proceed with the Request for Payment and Affidavit, certifying that either (a) all laborers, subcontractors and suppliers have been paid in full for their goods and services provided on the job and that there are no outstanding liens or claims for liens (waivers must be supplied), or (b) a list of all unpaid parties and the amounts owed to each is attached to the form. Upon County approval of the Request for Payment and Affidavit, the documents shall be presented to the Owner for approval. Partial payment will be issued by the Owner in an amount equal to the percentage of work completed, minus a retainage of twenty percent (20%) of the Contract Price. If either the remaining Contract amount owed to the Contractor at final payment or the partial payment amount is not in excess of the amount owed by the Contractor for goods and services already provided, the County designee may authorize direct payment to the unpaid parties. Direct payment will be subtracted fTom the Contractor's payment. Final (including single) payment will be issued upon completion of the job. Procedures are as those required for a partial payment, with the additional requirements that the Contractor furnish the Owner, in care of the County, all warranties and certificates (pest control and insulation), and, if applicable, waivers ofliens ITom any parties listed as unpaid at the time of partial payment, as well as from any other parties providing services after partial payment. The Owner hereby grants the County the right to disburse partial and/or final payment directly to the Contractor in the event that a dispute arises between the Owner and the Contractor. Such disbursement shall be issued only after the Director has reviewed the facts and circwnstances involved in the dispute and has determined that the Owner's refusal to issue payment is without just cause. Section 22. Liens At no time shall payment be due to the Contractor if there are outstanding liens or claims ofliens on the job. Payment shall not be due until the Contractor provides all waivers or releases or liens, and satisfaction of any recorded lien, to the Owner, in care of the County. The Contractor shall protect, defend and indemnify the Owner from any claims for unpaid work, labor or materials provided in performance of the Contract. Section 23. Hold Harmless Clause The Contractor shall indemnify, and hold harmless the Owner, the County its officials and employees, and the Owner shall indemnify and hold harmless the County, its officials and employees ITom all liability and claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense suffered or alleged to have been suffered by any person as a result of, or arising ITom, the Contractor's operations under this Contract, whether such operations be by the Contractor, any subcontractors or suppliers engaged by the Contractor in connection with such operations, or anyone directly or indirectly employed by either the Contractor or such subcontractors and suppliers. Contract - St. Lucie County Contract for Rehabilitation Wor~ Page Eight "'wI Section 24. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance. The Owner will give notice of observed defects with reasonable promptness. Section 25. Assignment of Contract The Contractor shall not assign this Contract without the prior written consent of the Owner and the prior written approval of the County. Section 26. Owner's Right to Stop the Work If the Contractor provides or fails to correct defective work, or fails to supply materials or equipment in accordance with the Contract Documents, the Owner may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated. Section 27. Disputes All disputes arising under this Contract or its interpretation, whether involving law or fact or both, or extra work, and all claims for alleged breach of Contract shall be presented in writing by the Contractor to the County designee within five (5) days of commencement of the dispute. Such claim shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. The County designee will provide a written decision within five (5) days. Any appeals of the County designee's decision shall be presented in writing within five (5) days to the chief executive officer of the local government. The decision on the appeal will be provided in writing within five (5) days. and will be the fmal authority in dispute. Section 28. Tennination by Owner The Owner may tenninate this Contract: a) if the Contractor is adjudged bankrupt, or ifhe makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or b) if the Contractor persistently or repeatedly refuses or fails to perfonn expeditiously, except in cases for which an extension of time is provided, or c) if the Contractor fails or refuses to provide work in accordance with the Contract, including any approved Change Order, or d) if the Contractor fails to make payment to subcontractors or suppliers for materials or labor, of Contract - St. Lucie County Contract for Rehabilitation Wo~ Page Nine ....I e) if the Contractor persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or t) if the Contractor is otherwise guilty ofa substantial violation ofa provision of the Contract Documents. The Owner shall present a written statement of cause for termination to the County designee. Upon certification by the Grant Administrator and/or County representative that sufficient cause exists to justify such action, the Owner shall immediately issue written notice to the Contractor. Such notice shall automatically terminate the Contractor after five (5) days unless the Contractor removes the cause for termination within five (5) days. The original Contract amount or balance thereof at the time of termination shall be escrowed for use in completion of the work as approved by the County. Payment to the Contractor shall be issued in accordance with Chapter 713 of the Florida Statutes. Contract termination procedures as outlined herein shall not prejudice any other right or remedy to which the Owner would be entitled. Section 29. Termination bv Contractor The Contractor may terminate this Contract: a) ifthe work is stopped or to be stopped for a period of twenty (20) days or longer due to an act of God, or due to an order of an appropriate court through no fault of the Contractor, or b) if the work is stopped for a period of five (5) consecutive days due to failure of the Owner to provide necessary and reasonable information, services, or cooperation. The Contractor shall present a written statement of cause for termination to the County designee. Upon certification by the Grant Administrator and/or County representative that sufficient cause exists to justify such action, the Contractor shall immediately issue written notice to the Owner. Such notice shall state the cause for termination, and shall provide that the Contract shall automatically terminate upon five (5) days written notice unless the Owner removes the cause for termination within the five (5) days. Upon termination of Contract, the Owner shall issue payment to the Contractor for the amount of work satisfactorily completed by the Contractor, subject to normal fmal payment procedures. Section 30. Interest of Federal. State, and Local Officials No member of or Delegate to the Congress of the United States, or Resident Commissioner, and no elected state official or state employee shall share in any proceeds of the Title I Community Development Block Grant referred to in the first "WHEREAS" clause on Page 1 of this Contract, or in any benefit to arise from the same. No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to this Contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any Contract or subcontract, or the proceeds, thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. Contract - St. Lucie County Contract for Rehabilitation W 0......... Page Ten ...,¡ Section 31. Disclaimer The Contractor and Owner hereby acknowledge that this Contract is solely between the Contractor and Owner and that the local government are not parties to this Contract; have no interest in this Contract; and are acting solely as a conduit through which federal funds and County housing program funds are made available to private individuals for rehabilitation of the Owner's property; and that the local government is not responsible on behalf of either the Owner or Contractor for any actions, causes or actions, suits, dues, sum of money, accounts, variances, damages and liabilities whatsoever both in law and equity or which may result ITom the existing state of things which have existed or will exist between the Owner and Contractor. FEDERAL CONTRACT CONDITIONS Section 32. Record and Audits The Contractor shall maintain personnel and fmancial records adequate to identifY and account for all costs pertaining to this Contract. These records shall be retained for five (5) years after the completion of the Contract. Records may be accessed by State, Federal or County Auditors or Monitors for the purpose of assessing the Contractor's compliance with equal opportunity requirements and for assuring proper use and accounting of all project funds, Section 33. Lead Based Paint The Contractor shall abide by the federal lead based paint provisions as outlined in the Standard Rehabilitation Specification, Section 15.3. Section 34. Civil Rights Act of 1964 No person shall, on the grounds of race, color or national origin, be excluded ITom participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Section 35. Section 109 of the Housine: and Community Development Act of 1974 No person in the United States shall, on the grounds of race, color, national origin, or sex, be executed ITom participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Section 36. Ae:e Discrimination Act of 1975 No person in the United States shall, on the basis of age, be excluded ITom participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal fmancial assistance. Contract - St. Lucie County Contract for Rehabilitation Worlìl.f Page Eleven .....", Section 37. "Section 3" Compliance in the Provision of Training Emoloyment and Business Opportunities a) The work to be perfonned under this Contract is on a project assisted under the Small Cities CDBG Program which provides Federal fmancial assistance from the Department of Housing and Urban Development through the Florida Department of Community Affairs, and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and Contracts for work in connection with the project area be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 134, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certifY and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c) The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, if any, a notice advising said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d) The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and wil~ at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the Contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its Contractors or subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or Contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Contract - St. Lucie County Contract for Rehabilitation Wor..... Page Twelve ..- FOR CONTRACTS OF $10.000 OR LESS Section 38. EQual EmDlovrnent ÛDDortunitv During the perfonnance of this Contract, the Contractor agrees as follows: a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affmnative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or tennination; rates of pay or other fonns of compensation; and selection for training, including apprenticeship. b) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion. sex, or national origin. c) Contractors shall incorporate the foregoing requirements in all subcontracts. FOR CONTRACTS IN EXCESS OF $10.000 Section 39. Standard Federal Eaual Emplovrnent Opportunity Construction Contract Soecifications (Executive Order 11246) a) As used in these Specifications: (1) "Covered area" means the geographical area described in the solicitation ITom which this Contract resulted; (2) "Director" means Director, Office of Federal Contract Compliance Programs, United Stales Department of Labor, or any person to whom the Director delegates authority; (3) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Depar1ment Fonn 941. (4) "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); Contract - St. Lucie County Contract for Rehabilitation Wor..... Page Thirteen ...,,¡ (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification); and (v) Hasidic Jew. b) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work. involving any construction trade, it shall physically include in each subcontract in excess of$IO,OOO the provisions of these Specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. c) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.s. Deparbnent of Labor in the covered area either individually or through an association, its affinnative action obligations on all work. in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve such goal under the Plan in each trade in which it has employees. The overall good faith perfonnance by other Contractors or subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. d) The Contractor shall implement the specific affinnative action standards provided in paragraphs g)(l) through (16) of these Specifications. The goals set forth in the solicitation :from which this Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction Contractors perfonning Contracts in geographical areas where they do not have a Federal or Federally-assisted construction Contract shall apply the minority and female goals established for the geographic area where the Contract is being perfonned. Goals are published periodically in the Federal Register in notice fonn and such notices may be obtained from any Office of Federal Contract Compliance Programs Order or:from Federal procurement contracting officers. The Contractor is expected to make substantially unifonn progress in meeting its goals in each craft during the period specified. e) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations wuler these Specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. f) In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to availability of employment opportunities, Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. Contract - St. Lucie County Contract for Rehabilitation Wor~ Page Fourteen ....¡ g) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affinnative action steps at least as extensive as the following: (I) Ensure and maintain a working environment ftee of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each conslruction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (3) Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the- street applicant and minority or female referral from a union, a recruitment source, or community organization and of the action taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason thereof, along with whatever additional actions the Contractor may have taken. (4) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under g)(2) above. (6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. Contract - St. Lucie County Contract for Rehabilitation Wor...... Page Fifteen ...",,¡ (7) Review, at least annually. the company's EEO policy and affinnative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, tennination, or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifYing the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oraJ and written, to minority, female and commWlity organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. (II ) Validate all tests and other selection requirements where there is an obligation to do so lll1der 41 CFR part 60-3. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (13) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these Specifications are being carried out. (14) Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Document and maintain a record of all solicitations of offers for subcontracts trom minority and female construction Contractors and suppliers, including circulation of solicitations to minority and female Contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and perfonnance lll1der the Contractor's EEO policies and affinnative action obligations. Contract - St. Lucie County Contract for Rehabilitation Wo~ Page Sixteen ~ h) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affmnative action obligations (g(l) through (16». The efforts of a Contractor association, joint Contractor-union, Contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling anyone or more of its obligations under g)( I) though (16) of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's non-compliance. i) A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affumative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is under utilized). j) The Contractor shall not use the goals and timetables or affinnative action standards to discriminate against any person because of race, color, religion, sex, or national origin. k) The Contractor shall not enter into any subcontract with any person or rum debarred fÌ'om Government Contracts pursuant to Executive Order 11246. I) The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. m) The Contractor, in fulfilling its obligations under these Specifications, shall implement specific affinnative action steps, at least as extensive as those standards prescribed in paragraph g) of these Specifications, so as to achieve maximum results fÌ'om its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. n) The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee, the name, address. telephone numbers, construction trade, union affiliation if any, employee identification number where assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfÿ this requirement, Contractors shall not be required to maintain separate records. Contract - St. Lucie County Contract for Rehabilitation Wo~ Page Seventeen ...,.¡ 0) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring oflocal or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Section 40. Notice of Requirement for AffIrmative Action to Ensure Eaual Emvlovrnent Opportunity (Executive Order 11246) a) The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. b) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for minority participation Goals for female participation 30.4% 6.9% These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non-Federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the Specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the Contract resulting ITom this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees ftom Contractor to Contractor or ITom project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the Contract, the Executive Order, and the regulation in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. c) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within to working days of award of any construction subcontract in excess of$1 0,000 at any tier for construction work under the Contract resulting ITom this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the Contract is to be performed. Contract - St. Lucie County Contract for Rehabilitation Wo~ Page Eighteen ...; d) As used in this Notice, and in the Contract resulting from this solicitation, the "covered area" is the County. Section 41. Section 202 Equal Opportunity Clause (Executive Order 11246) During the perfonnance of this Contract, the Contractor agrees as follows: a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or tennination, rates of payor other fonns of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration without regard to race, color, religion, sex, or national origin. c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e) The Contractor will furnish all infonnation and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will pennit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and others. t) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be cancelled, tenninated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government Contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otheIWise provided by law. g) The Contractor will include the provisions of the sentence immediately preceding paragraph a) and the provisions of paragraphs a) through g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. Contract - St. Lucie County Contract for Rehabilitation Wo...... Page Nineteen ....,.¡ Section 42. Certification of Nonsegregated Facilities By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that slbe does not maintain or provide for his/her employees any segregated facility at any ofhis/her establishments, and that s/he does not permit employees to perform their services at any location, under hislber control, where segregated facilities are maintained. SIRe certifies further that s/he will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause of this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated on the basis of race, color, religion, or are in fact segregated on the basis of race, color, religion, or otherwise. SIRe further agrees that (except where s/he has obtained identical certifications ITom proposed subcontractors for specific time periods) s/he will obtain identical certification from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that sibe will retain such certifications in hislber files; and that s/he will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods). Section 43. Construction Industries Recoverv Fund The owner may recover money lost related to performance by the contractor under this contract ITom the Construction Industries Recovery Fund. The fund can cover losses resulting from specific violations of Florida Law by a State Licensed Contractor. If the owner wishes to file a claim, the owner shall contact the Florida Construction Industry Licensing Board at the following telephone number and address: FCILB, 7960 Arlington Expressway, Suite 300, Jacksonville, Florida 32211-7467, (904) 727-6530. ADDITIONAL CONTRACT PROVISIONS If this Contract includes additional provisions not included in the General Conditions or Federal Provisions, such additional provisions shall be attached to this Contract prior to its execution by the Contractor and the Owner. Ifno additional provisions are to be included in this Contract, this Contract shall so state so by having the word "None" written or typed on the following line. None VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only, All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. Contract - St. Lucie County Contract for Rehabilitation W 0......' Page Twenty .I IN WITNESS WHEREOF, the Contractor has executed this Contract as of the 2!!L day of October, 2005, and the Owner has executed this Contract as of the date above first written. THIS AGREEMENT REQUIRES TWO WITNESSES OF THE CONTRACTOR'S SIGNATURE TO COUNTERSIGN OR A NOT ARIZA nON OF THE CONTRACTOR'S SIGNATURE: Witness #1 Witness #2 . ï ,;)/,'J..():J.. - S+. L__N., c (ù License Number OR NOTARY: Subscribed and sworn before me this 5th day of October, 2005. (SEAL) KAREN T. SCOTT MY COMMISSION # DO 268087 EXPIRES: November 17, 2007 Booded Thro Notary Public Underwriters If!. - (] - 1.r'£./) /. .J(l.M / rmt Name of Notary Pubhc 'h.- Personally Known ~roduced Identification; Typoofld<ntifioWoo CDt. ,!f.~.. ~~ 'd., ~ Commission Expires tlö vi "",fL.¡ ~ i,;C:.'/è.. I ..~ ...lÐo 7 Notary Public, State of Florida THIS AGREEMENT REQUIRES TWO WITNESSES OF THE OWNER'S OR OWNERS' SIGNA TURE(S) TO COUNTERSIGN ORA NOT ARIZA nON OF THE OWNER'S OR OWNERS' SIGNA TURE(S). r-/!<2M:.,j{;J jijc!¿CYL Witness #1 Witness #2 Owner Witness # I Witness #2 Co - Owner OR NOTARY: Subscribed and sworn before me this...2!L. day of October, 2005. (SEAL) I!AP.-enJ T <,5<!...J 71 Notary Public, State of Florida KAREN T. scon MY COMMISSION ~ DO 268087 EXPIRES November 17. 2007 BO!1r!¡:d ì ~'rU ~Jotary r"blic Ur"lderWrlter9 Print Name of Notary Public _ Personally Known /' Produced Identification; Type ofIdentification ç:-.DL--- J(..jJ..5· ¡Db -C),;) -''7'17-Ò ~ I . '. commis~o~¡EXPires Nð iIl:=."1 J i3 i?rP 17, ;M{)í . '. ::/.:::.:.:. Agreement approved by the HOUS. ing Rehabilitation.special.ist - BY.. JL.{//U~ /~ý ":::;¡;j(i:~ . .;.:::: Agreement approved by S1. LucIe County CommunIty ServIces DIrector - By: ' '.:.:::.:.::/.:.::-:.: Contract - St. Lucie County .:::::.' '-' ..." ST. LUCIE COUNTY COMMUNITY DEVELOPJvŒNT BLOCK GRANT (CDBG) HOUSING REHABILITATION PROGRAM INVITATION FOR BID (IFB) #4 '-' ST. LUCIE COUNTY CONTRACTOR CERTIFICATION 2300 VIRGINIA AVENUE, ROOM 210 FORT PIERCE, FLORIDA 34982 PHONE: (772)462-1672 OR 462-1673 ...." COMPETENCY CARD Cert Nbr: 21202 Class Code: 1250 Type: R Status: ACTV Cert Exp 09/30/05 State Exp 10/06/05 Liab Exp OS/20/05 WjC Exp 03/14/06 ,f Note: This competency card, issued by the St. Lucie County Contracto1 Certification Division, authorizes work for the class code stated, for thE unincorporated areas of St. Lucie County. It does not authorize work for thE City of Fort Pierce, St. Lucie Village or the City of Port St. Lucie. IL is thE contractor's responsibility to maintain this card in a current status b1 providing Certificate of Insurance, current address and telephone numbe1 information and renewing this card annually as· required. -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- This Certif~cate is' Subj~~-E;:;;~~:;s:?:r,::~~~-ie County revocat.ion and sl1spe:1S:l':'ì.n by conL:z;.ác~.::ceJ::t::L~:,{ca~,l-pn St. Lucie County Ëxamirri~g Board_ Ccm:P¡t: -':212 02 stáf:ug~,.,'-ACTV DBA: Þ.LTON M SILVER :Err CORÞ THIS IS TO CER~rF::f-TÜAr_;-ALTO~ M SILVER I!>I-'-has qualified as a certifled R£2IDENTr-Ål - :REGl-STIR--ÊD" contractor fo:::- p~~icd from -}~/1/~004 _to 9-/30/:40Ò5- subjec,t:. to St.. Lucie: C'ount.y Cr.)d~ ,-~:: O~~i~anc?s a~è '~c~pi:~~ LawE Dã~e: --...0/05/:)..;, > .>~> >.. .(-~1'::.---;-:H,_."_,.:-:~.:-...:.. .', .' -~~2, "'~~f> .. ~L _ -___~.-~~---- .,~~,;.~:~ ... ~ ... ~ '_ _'1:~ J." _~:.. ",' C'-'__...r-,-_.~~.r I.- þce.~s~n5 ¥.. t_Cl.~-,- J..I(..',:"......., \.Jf .........L; t..,V.....#v .J...LJ.Uv. \oJ. "'..... CU-J ~v, .~ . I U V#.- I>.J page; 005-006 ACORD " CERThwCA TE OF LIABILITY INSURANCE ...", ~~.~J~~~~~ ! THIS C~RTIFICATE is ISSUED AS A MATTER OF iNFORMATiON " ONLY AND CONFERS NO RIGHTS UPON THE CERTIFiCATE: HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL fER THE COVERAGE AFFORDED BY THE POLiCIES BELOW. PRODUCER (772)567-1188 FAX (772) 773-1416 I SCHLITT INSURJ.NCE SERVICES INC 1717 INDIAN RIVER BLVD , SUITE 300 ! VERC BEACH, FL 32960 ¡INSURED Al ton III. 511 lier IiI Corp. I 803 11TH Court SI'i I Vera Beach, FL 32960 I I i iNSURERS AFFORDING COVERAGE : ."$'_'0" Mid-Continent Casualty ! ::61..;RE23 L=E.;:. I ¡'Sed""":' iNSó..f!E:;>E. , , INAlC# Company , , I j -1 -1----.- ---j -, mE POliCIES OF ¡~,SURANCE liSTED BELOW HAVE BEEN iSSUED TO THE INSUP-EO NAMED ABOVE FOR THE POliCY PER!OD INCICATED. OOT"VITHST)lNDI'JG MY REQUIREMENT TERr.! OR CONDITiON OF !WY CONTRACT OR OTHER :JOCUMENTWITH RESPECT TO WHICH TrilS CERTlFICATI MAY BE ISSUED OR I M.W PERTAiN, TriE !¡'¡SU".ANCE .J\FFORDED BY THE POLICiES DESCRIBED HEREIN IS SUBJECT TC "'LL TrlE T"RMS, EXCLUSIONS AND COI-IDIT!ONS OF SUCH POLICIES. AG~REGAT" W,IITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. íINSR~D.'L! 'r"P:;OF!NSURftNCE: POLICY NUM8ER PO¡;CYtEF~=~1E 1 POL.:CJ~:::P~RA;:l.0N I -'-~--1 i GENERALLJABILITY 04GL000588398 OS/20/2005 ¡ OS/20/2006 Eo,CH'jCGCe'Ð,,:s 500.00 1 ~X! ' C::EN--' L Ar-::~!'T'" I D.';~"-"'GETORË>li'EJ ~ÇOMMERC!AL.;; ·'I;.¡.,fI. U ::1i.I'; ,~~:::"'I -:;r~"r.-r"!~'1.-rl 100,00 :TI,' cu.",;." ""DE [!J 'Y~C'J" ! Me; Ei;~(A') :·"P·'~C"I Excl !.id~ A ~ ?ER50CN;'i-,L~'LC""-L"-!JW"'i:£ 5· /I 00 ~ D., i-----' GE1·;E~AL .'GGRE·O·,'T~ q $ 1, DCa, ~ : GE"UGG;;EGAEU"'jTA;~LE;PEè I ?>"00uC:S.(!:·MPiC'.'·:,·: > 1, OOG. ood! n PCLÞ.:'r n ~~.?T n ~~)C r----- l ¡ AUTOift06iLE LlmHLiTY I CO/l,{BNED S¡NG·LE iJM:T ! :s ~ I . (Ei'1 ~c:i~E\m.' I I j ¡\)ftw;_JiO ! rl c" I I ¡ LJ ALL (iWi\EO .~_UT;j5 i I i I a.;:.ü~u !NJU~'( $ I ¡ I :3C~.E::>UŒD ":;·UTCS I ¡perpefSvn1 I I ~ #' I i HRS) .~Vr:::S I ¡ , ì H BQ:L'f iN:UR"'-- :3 , i , I NOf'-i--':.:'toNEÐ AL>T03 ¡P:o:r9.CÓC02r¡t! ~ ! -----:ì ¡ I i r--í ! ¡:'RC-PER~Y D;',1.:1,4/;.E I , i 1 I (Per ðcaÖ~l1t! i ; i : I ! GARAGE üA8tLIIY , I i AUTO ON:':';" - E.~ ACC,Y:;r'¡ i , r [ i I , n ANY ÆUTO i i OTÆR THAN E.J..,';'GC $ I H AL;TG;,)¡\lL'{ ~~- I I , ,\C-G $ ! i i EXCE~"""eRELl.ALl<\EIUTY i ! i::_1(.'-; CCCL:F!RE,'';':Ë $ ! II CCCUF. rl CLAIMS MACE i ; .J I A(;G'::(EGATE . I r--- ~ i . , $ .~ . !---. r ! ¡ CEDIJCTSi.= $ ! ! ~- ....ô·. I , i ¡ HEi'B."Ur.j . ~ I ! :'CRKi;RS CO~'PENSA.T1ON AND I t6~~iî~~ ¡ 10!~- -^ ËMPLOVE.t..S'l.tASILiTI ~.L.E,'!'C.HACC1[Etr; i $ ;"r-."t. ;:;·::;(cPR:itï,::R.'P~·1ER:'E~{ECLfn'Æ C;:¡;: ,':E,;;;o;:',;;EM5Ë..ë( =-XCL:_j0e::~" E.L D:$E.t.Sê· F..<, E:'lPL'.JYFF ; I ¡ Ii'ÞÊ dasc'1b¡¡lJfÌo9f i I ..- ~ ¡::' . '---" ¡.;;: ,.co ! E.t.._ DISE..."5E - PQUCY U\'õfT $ .... '-aA...r"'l....v.~IO¡-~~· ~cw ! , OTHeR , I i ! I I I ! ' I I I I r 1 , I ! I DfS~fUP:1ùtj OF OPSAAl1QH3; LOCA.110N$; \fEHIClESJ eXCLUSiONS .J\CDED B''I'' ENDORSEMENT f 3PEC-IAl PRO\iI$:IONS I I ¡ i I I 5t LUc1e Coun1:y Con1:ractors Cerd fication Attn: Dot 2300 Virginia Avenue Ft Pierce, FL 349&2 'SHOULD ANV OF THE ABOVE DeSCRiBED POL!CIES SE C"Al":GE.!...i::D 6EFOR= THE EXPlRA110N DATE THEREOF, THE ISSUING iNSURER W!Li.. END;.a.YOR TO MA!l Jº-- DAYSWRITT~N J·.J07fCE TO THE CERTIFiCATE HCLDERN~~!E!):O iHE LE:::T Bur ~AîlU:æ TO MAL. SUCHNOT:C:i: SHALL fAPOSE NO oa.;"::;;\TIûN QR UABiUT'{ (IF ANY K1tiO UPON THe: iNSURER, \ïS Aû2N":'S aRR.E?R.ESE:jr"ATI'-I~S. AUTHORIZED REPRE3~TA TNE Co .<j J.I' 'I·" f;:'Å-'¡ /~/ ~··~Affi- / /ó'/ ' ...- Jeffrey Schlitt, CPCU!lAR ACORD 25\2J01fca) FAX: (772)462-2522 @ACORD CORPOR;:'TiON 19sa '-'" ..",,¡ PLEASE REMEMBER TO INCLUDE COPIES OF THE FOLLOWING DOCUMENTS IN YOUR BID PACKAGE: 1. TWO (2) COPIES WITH ORIGINAL SIGNATURES 2. PROOF OF INSURANCE 3. COPY OF LICENSES OF PRIME CONTRACTOR AND ANY SUBCONTRACTOR WHO MIGHT BE WORKING ON JOB '-" .., ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION FOR BID ST. LUCIE COUNTY HOUSING PROGR.Ä.J.\1 St. Lucie County hereby requests BIDS from qualified bidders for the rehabilitation of five (5) single family homes located in unincorporated St. Lucie County as a part of the St. Lucie County Housing Program which consists of Community Development Block Grant (CDBG) and S.H.I.P. Housing Programs. Bids are due no later than 11 :00 a.m. Eastern Time on Thursday, August 31, 2005 and delivered or mailed to: .Mr. Edward Parker, St. Lucie County Purchasing Director, 2300 Virginia Avenue, Fort Pierce, Florida 34982 (the County will not assume any responsibility for bids received past· the bid opening time). Any and all bids received after this time and date will not be opened or considered. Bids should be submitted in a separate sealed envelop marked "ST. LUCIE COUNTY HOUSING PROGRAM - IFB #1", "ST. LUCIE COUNTY HOUSING PROGRAM - IFB #2", "ST. LUCIE COUNTY HOUSING PROGRAM - IFB #3", "ST. LUCIE COUNTY HOUSING PROGRAM - IFB #4",and "ST. LUCIE COUNTY HOUSING PROGRAM - IFB #5". All bids must be accompanied by all forms noted in bid package and proof of insurance, licenses as requested in bid package. FOTInS must be f..rlly executed by the responder and returned with the bid. For specific project information, contact Ms. Nancy Phillips at 561-432-1524 or by FAX at 561- 432-6734. Bids will be opened at 11 :15 a.m. on Wednesday, August 31, 2005 in the S1. Lucie County Purchasing Department, 2300 Virginia Avenue, Fort Pierce, Florida 34982. A mandatory meeting and contractor walk-thru for review of these projects will be held on Thursday, August 11, 2005 at 10:30 a.m. in the Conference Room of the St. Lucie County Community Services Department, 437 N. ih Street, Fort Piece, Florida 34950. Any firm not represented at this meeting wíll be unable to bid. All potential bidders must be in the Conference Room no later than 10:45 a.m. in order to participate in this IFB. St. Lucie County reserves the right to accept or reject bids. S1. Lucie County is an Equal Opportunity Employer, actively seeking Minority Contractor Participation and promotes Fair Housing. Frannie Hutchinson Chairperson, S1. Lucie County Board of County Commissioners '-' .."" INSTRUCTIONS TO BIDDER To be considered, proposals must be made in accordance with these instructions: 1. Each bidder must subIIÚt their bid on the attached Work Write-Up/Bid Form with all itemized and lump sum prices completed. This form must be returned in your bid package. All vacant spaces must be properly completed or the Work Write-UplForm may be rejected. Proposals must be based on the work called for in the Standard Rehabilitation Specifications booklet. 2. Bidders should carefully examine the property or properties before submitting their proposal. 3. Any seeming inconsistencies, oIIÚssions, or proposed changes in the Work Write-Up/Bid Form must be inquired into by the prospective bidder at least 24 hours prior to bidding. Decisions of major importance on such matters shall be issued in the form on an addendum. All addenda will become a part of the Contract Documents and receipt of same by the bidder must be acknowledged on the Work Write-Up/Bid Form. 4. Improper preparation, errors in and/or oIIÚssions for proposals will relieve bidders from fulfillment of any and all obligations and requirements of the Bid Proposal Form and Work Write-Up/Bid Form. All bids are submitted at the bidder's risk. 5. Each bidder will be assumed to be familiar with federal, state, and local laws, charter provisions, codes, ordinances and regulations which mi~~t in a.'y manner affect the work to be completed or persons to be employed. 6. The County reserves the right to refuse any bids and to negotiate with the low bidder. 7. No contact should go to the subject property for any reason without first making arrangements with the owner. All materials or color selections should be made at the contract signing appointment. 8. Contractors will not be given extra reimbursement for any conditions not specified in the Work Write- Up/Bid Form or in approved change orders. No allowance or reimbursement will be made for damage caused by inferior methods, craftsmanship, or judgment. 9. All work shall be completed in accordance with the Standard Rehabilitations Specification booklet, Standard Building Code and/or Local Housing Code, unless otherwise noted. 10. Lead Based Paint Hazards - It is the responsibility of the Contractor to eliminate any Lead Based Paint found to exist within a structure in accordance 24 CRF Subpart C. The rehabilitation of residential structures with assistance provided under this Agreement is subject to HUD Lead Based Paint regulations, 24 CFR, Part 35. Any grant or loans made by the grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of Lead Based Paint Hazards under subpart B of said regulations, and the grantee shall hold the contractor responsible for the clearance test required under this program, 11. The Contractor is responsible for all impact fees and permit fees for connection when called for in the Work Write-Up/Bid Form. \w' .."" 12. Permits, certifications on insulation, manufacturer's warranties, termite bonds, etc., must be provided to the Owner and/or local government. 13. All materials must be FHA approved. Cabinets are to be pre-manufactured and of wood. 14. No final request for payment will be honored without release ofIiens. Joint checks will only be made to cover debt as may be required to continue work. Subcontractor and material men list must be provided and updated as additions are made. No uninsured subcontractors are allowed on site. 15. It is the responsibility of the Contractor to submit a request for payment in proper time and form for prompt payment. 16. The following documents must be completed and returned with the bid. Failure to return these ^ documents may cause the bid to be rejected: A. Contractor's Bid Proposal Form B. Work Write-up/Bid Form C. Drug Free Work Place Form D. Public Entity Crimes Form E. Certification of Bidders Regarding Section 3 and Segregated Facilities ~ ."", DRUG FREE WORK PLACE FORM a Statute 287-087 hereby certifies that does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Infonn employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the tenns of the statement and will notify the employer or any conviction or, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. tement, I certify that this fmn complies fully with the above requirements. '-' ,.."" SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. or Contract for ST. LUCIE COUNTY HOUSING 2. This sworn statement is submitted by . (If the entity has nO/~IN, 11- .) I 3. My name is names above is statement: 4. I understand that a "public entity crime" as defined in Paragraph 287.133(IXg), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or ofthe United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(lXb), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indic1rnent or infonnation after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287,133(1)(a), Florida Statutes. means: A. A predecessor or successor of a person convicted of a public entity crime; or B. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The tenn "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners. Shareholders, employees, members, and agents who are active in management of an entity. '-' ~ 8. Based on information and belief, the statement which I have marked below is true in relations to the entity submitting this sworn statement. (fudicate which statement applies). o Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 1, 1989. o The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. o The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees,·members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida , Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the fmal order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTA.ND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRð.C - I?, ES THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STAY TWO 0 CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. 'O~ D e "', · .t.A- Sworn to and subscribed before me this ¿{q day of Personally known ß1r~ OR Produced Identification A·/(, iJ¿C: .' ~ /ì,20~. ~~ ./ '---/ v Notary Public - State OfF10ridY"JO! 0 ~ My Commission Expires: s-; 7 SEAL OR STAMP Type of Identification 'i;ThcmII~... . . . My CœwnIMIon 002136N ~ ~ ~~:IIiI,2IIOt '-" ~ CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILITIES St. Lucie County - IFB # Project Name and Number ~!-fprJ ff) !5¡!¡/efJ!F cofifJ Name of Prime Contractor The undersigned hereby certifies that: 1. Section 3 provisions are included in the Contract. 2. A written Section 3 plan was prepared and submitted as part of the bidding proceedings, if requested. 3. No segregated facilities will be maintained. Date \w ." ST. LUCIE COUNTY HOUSING PROGRAM CONTRACTOR'S BID PROPOSAL FORM BID PROPOSAL TO: Karen Ketchum Address: 149 NE Jardain Road. Port St. Lucie. FL 34983 Home Phone: 772-343-7854 Work Phone: 1-1~ - l1t- 56ðJ{; CONTRACTOR'S NAME: /J/fofl/ /1 ,-51/ ¡/¿f<---jiJ crliP Address: ~?~ Ii ef ,<¿tI VB, flf/ ,,*1(;)0 Work Phone: &IØíP, cre; ül/J¿rt¿ fJ//tJl¡/ [/ LEGAL DESCRIPTION OF PROPERTY: Lot 19, Block 78, River Park, Unit Nine, Part B, according to the plat thereof, as recorded in Plat Book 14, at Page 47, of the Public Records of St. Lucie County, Florida PROPOSAL The Contractor proposes to furnish all labor and materials to complete the rehabilitation work as listed in the attached Work Write-UplBid Fonn and according to the St. Lucie County Housing Rehabilitation Program, Standard Rehabilitation Specifications booklet for the property listed above. Bid amount totals the following: Total Dollar Amount of Bid: $ t t!¡rOt5'e;; 00 a. b. This Bid includes completion of all labor and materials for items identified in the attached Bid Specifications plus addendum. SUBCONTRACTOR All Subcontractors must be properly licensed. The Contractor proposes to use the following Subcontractors. If any other Subcontractors are used, he agrees to furnish, in writing, their names, address, and copy of their license to the COWlty and Owner. ~ (tf, Bur(dtlid cedE /' . (lÎr Ú''"o) 'OJ (J If 0JJ, J,. ;).-1 /I /1/L. Ú i:; rr Il J/f. ï.f Lva II. Hr---, d f\ l · ~ f( (ì J . "r" ,,'., \1'\.".; , " ,.> I. (Yr¿JÙ LVI nlJOio.> -zÞ JW( Ï/Ci__) T rJliW 50rr/IJ . n ." ~..'~ r\ (·~Vr.:" I," ~ -" (\ -/ . I t_ <~J,-. .!f.) /7\ .O{;J.J i../:U, v ' . ,., .... A ' ti ' .. /1''- '.. /)' ~" ~ J,I ,,/ ( _. /--~ :_/~~I .~;¡ 'y 11 I /1 ;tÎ'/j /' ·þt)Rj f) ( tt y 'zC t IJ f!'" /l\ j..v I (./ \, I t ~I-' --- , /It/ yj\.f~! i $ , \ 'k~' 'Q< . ' +/ e- j¡f.j);/ç, , 47 ¡) . r¿'/~ j/'J G ,-~_G, ~ ..... ..", c. a. 1. 2. Other /Y'JJ/~,v T/J /TU b. If awarded this work, the Contractor agrees to begin work within ten (10) days after the receipt of the written uN otice of Proceed", as issued, and agr.í5. s to 'om~lete the entire project witllln.· sixty (60) days of the ordered proceed date·l<iI1Ef!? ê£K. (tKrt/ 1 1- )(Jell f -n rr¡ E- CONDITIONS OF BID The Contractor warrants shelhe has carefully examined the Standard Rehabilitation Specifications booklet and the site where the work is to be performed. The Contractor is certain of the conditions at the sitc and has a clear understanding of the work to be completed. The Contractor agrees to provide a limited one (1) year warranty on the work completed as part of this project. The Contractor agrees that shelhe will execute this Bid Proposal Form, a Contract for Rehabilitation Work, and the Work Write-Up/Bid Form between the Contractor and Owner if this Contractor's Bid Proposal is accepted by the Owner and St. Lucie County, as the Owner's Agent. The Contractor also clearly understands that he/she will not enter into any additional work and/or agreements with the homeowner without the written approval of the Program Administrator. There shall be no exchange of financial resources and/or bartering between the Contractor and Homeowner. PAYMENT SCHEDULE S1. Lucie County agrees to pay to the Contractor, upon submittal of the appropriate paperwork, in three (3) payment draws. The first payment will be made at least 60 percent completion of the job, the second payment will be made at 100 percent completion of the job, and the third payment will be the retainage amount. Only one payment will be made for SHIP and other housing program funds, if applicable. RETAINAGE St. Lucie County will hold twenty (20) percent retainage of the total contract amount for a period of 45 days after the issuance of the fmal Certificate of Occupancy. ..... ..., i S~d" C~hal1 require th<llie COnIT""to, provhle pmof of in,=ce willi lli¡, controct. T~ODtra<i1alJ maintain vJrkers compensatIOn msurance as requITed by the State of Fda and Ity insurance inle amount of $1 00,000/300,000. INSURANCE LEAD PAINT / ¡, tbe Crtoe's "'pon,hilhy to e= that ,¡¡ ,woehr, "'" utilWng 8afè Practic" a:echniques f<terÏn:1 control!"~ ill the handling oflead pamt hazards, If applIcable. It shall be tJ:mtractor's responsibility to scbedule the lead clearance test. .MUST PASSEARANCE TESTING FOR RELEASE OF FUNDS. ACCEPT"" OF CONTRACTOR ~a", / ' ACCEPTfE OF OWNE;J7: X¡a,( il.-... , ~L~-:t It¡;~pate PROPERTY /()- S--OS- I ACCEP1~ OF COUNTy ~WNER'S AGENT 1 (:(67.)'.- Ä s--- / Date .,...~:.".:.".:..:.:.,,~:\.:-::, '..... ..' . . , . "'\:'\':'.:..'~':'::':'::" Date ~ .,,¡1 TIDS PAGE MUST BE INCLUDED WITH THE BID FOR IT TO BE VALID All work to be performed in a workmanlike manner, in accordance with the CDBG Program Specifications, local codes, and manufacturer specifications. The contractor shall be responsible for repairs and/or reinstallations of materials/equipment/fixtures damaged or removed due to any work item contained herein. Contractors shall properly dispose of all futures, materials and other items removed from the dwelling unless otherwise specified herein. All items must be cost itemized in the space provided or the bid will be rejected. Work must be C?mPl. ete~~nd, ap,Proved ""ithin. . 60. days,.of the issuance of the Notice to Proceed. tNf/fl Eli DcR- fb(rfJ (t IU..I! f TI Þ¡}lt; The house is to be :xx occupied; vacant for days. Please note that homeowner will be moved out if additional septic system work is necessary. I hereby certify that I am licensed by the State of Florida, Department of Business and Professional Regulation, and that I am eligible to participate in the CDBG program. I also agree that change orders above the original contract amount shall only be paid for with CDBG funds to correct documented code violations or to meet Section 8 Housing Quality Standards. Change orders must be approved by the homeowner or his representative, the contractor, and local government prior to any initiation of work based on that change order. n~, /~ î" .['J '-"') (1- / ~'i:/ ./.,. Contractor's Name (print Name): Contractor's Signature: Contractor's Address: Contractor's Phone Number: OFFICIAL USE ONLY DATE SUBMITTED: DATE ACCEPTED: BID OPENED BY: WITNESSED BY: DATE OPENED: TIME: WORK WRITE-UP PREPARED BY: Contractor Signature Jav Moselev Mav 9.2005 Homeowner Signature -. 'WI ST. LUCIE COUNTY HOUSING REHABILITATION PROGRAM WORK WRITE-UPIBID FORM OWNER: Karen Ketchum ADDRESS: 149 Jardain Road. Port St. Lucie PHONE #: 772-343-7854 May 9. 2005 DATE: The work write-up/bid fonn is a general outline of the work to be performed. Please refer to the project specification booklet for detailed instructions for each item noted below. ~ If r Item # System Description of Work Location Price 001 EXTERIOR Complete stucco for exterior of addition. All ,A ¡rl¡?fl0 Paint exterior. . 002 SOFFIT Replace all...i.,,,;,,,& soffit. q. f::;..b c: ("L- All # 6! Nro.tÆ) 003 PLUMBING Pump out septic tank: and have system Various I ,L inspected. Replace valves and fixtures for - ~5¡ó¿IO shower in hall bathroom. Replace water heater. A J¿) SL-tl< G 004 ELECTRICAL Install smoke detectors in each lSedroom and Various Iiltt/ifO hallway, hardwired in sequence. Install GFIC protected receptacles in kitchen (all countertop receptacles), bathrooms, and exterior 005 HVAC Install new electric heating and air HVAC dÞ~qrç conditioning system with service to all habitable rooms. Include all piping, wiring, air handler closet with door and all other items necessary for a complete system. .i' 006 WINDOWS Replace all windows. All f,/¡cgOO 007 DOORS Replace 4 exterior doors with new pre-hung Varioos I .þ, ~ ~ UO doors, including hardware and deadbolts keyed .# ,~~ alike. Change swing to interior swing. '" i I;'l l I , - F :t- 0)., TOTAL BID 6' ii ()~S(J[) I Homeowner Signature Contractor Signature ·. ~ ..., INSURfu~CE St. Lucie County shall require that the Contractor provide proof of insurance with this contract. The Contractor shall maintain workers compensation insurance as required by the State of Florida and liability insurance in the amount of $100,000/300,000. LEAD PAINT It is the Contractor's responsibility to ensure that all workers are utilizing Safe Practices techniques for "interim controls" in the handling of lead paint hazards, if applicable. It shall be the Contractor's responsibility to schedule the lead clearance test. MUST PASS CLEARANCE TESTING FOR RELEASE OF FUNDS. ACCEPTANCEOFCONTRACTORo ~Dak 1{}-~-05 ACCEPTANCE OF OWNER: X:¡ {L-U',,; ).-:~¿(, iJ~ate ((67' S-j3S/ 1 I PROPERTY Date . . 'YJii{$ , ....: .' : ':::}:<:::}/} ACCEPTANCE OF COUNTY, AS OWNER'S AGENT Date \..; ..., ""'¥'w*,,'__'+"¡'v c"' \,»""··,~",_"",.,,,,.;,_·,.,,,,,,,",,,<_.,,;;",,,,µ!r".Y1_>?.'(",_;.~'''''''''.",!>'V.~,.".."."",.,¡.,"""''¡.''''''I'~,_.__"."~,.".,,;,,~,.,?'.-,,c· St. Lucie Count, Mo.quito Control District Paula A. Lewis, Chairman Joseph I. Smith, Vice Chairman Doug Cowarel Frannie Hutchinson Chris Craft District No. I District No. I District No. Z District No. . District No. S AGENDA Octolaer II, ZOOS I. MINUTES Approve the minutes from the meeting held on September 27, 2005. Z. GENERAL PUBLIC COMMENT CONSENT AGINDA I. WARRANTS LIST Approve warrants List No. 52, 53 and 54. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tallen 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 duñng 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 MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 27,2005 Tape: 2 Convened: 11 :31 a.m. Adjourned: 11 :31 a.m. Commissioners Present: Chairperson, Paula A. Lewis, Frannie Hutchinson, Joseph Smith, Christ Craft, Doug Coward absent on county business Others Present: Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Parks and Recreation Director, Ed Parker, Purchasing Director, Don West, Public Works Director, 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 September 13,2005, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Hutchinson, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List'No. 50 and 51. 2. COUNTY ATTORNEY Impoundment No.3 Wetland Restoration- Work Authorization No, 19- The Board approved Work Authorization No. 19 with [Iazen & Sawyer Engineering and authorized the Chainnan to execute the Work Authorizàtion. There being no further business to be brought before (he Board, the meeting was adjourned. Chairman Clerk of Circuit Court 09/23/05 FZABWARR FUND 145 145115 145821 '-w' ST. LUCIE COUNTY - BOARD WARRANT LIST #52- 17-SEP-2005 TO 23-SEP-2005 FUND SUMMARY-MOSQUITO TITLE EXPENSES Mosquito Fund USDA/Indrio B1ueway Buffer Res IRL 2004 License Plate Grant 435,112.77 26,263.73 4,446.00 GRAND TOTAL: 465,822.50 ....., PAGE PAYROLL 35,480.12 0.00 0.00 35,480.12 1 \w 09/30/05 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #53- 24-SEP-2005 TO 30-SEP-2005 FUND SUMMARY- MOSQUITO FUND TITLE 145 Mosquito Fund GR.~ToID TOTAL, EXPENSES 78,818.20 78,818.20 ....., PAGE PAYROLL 0.00 0.00 1 10/10/05 FZABWARR FUND 145 145821 145822 '-'" ST. LUCIE COUNTY - BOARD WARRANT LIST #54- 01-0CT-2005 TO 05-0CT-2005 FUND SUMMARY- MOSQUITO TITLE Mosqui to Fund IRL 2004 License Plate Grant Wildcat Cove Salt Marsh Restoration GRAND TOTAL: ¡ EXPENSES 1,703.86 476.00 80.00 2,259.86 ..." PAGE PAYROLL 33,728.21 0.00 0.00 33,728.21 1 '-' 10/10/05 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST # 1- 06-0CT-2005 TO 07-0CT-2005 FUND SUMMARY- MOSQUITO FUND TITLE 145 Mosquito Fund GRAND TOTAL: f EXPENSES 15,362.85 15,362.85 ....., PAGE PAYROLL 0.00 0.00 1 \w "WI St. Lucie Count, E.o.ion Cont.ol Ditt.ict ~"":m.~'K".'''''''''~'.""~.~;","~''''~'''''"''''''',~___""<;¡~~"""~,;,,,,,,'''''''''""Y*,Þ'*''4''~'''T~''''''''''_''''''''''-'-"''''''''~,,,,,,,,,,",,,,,"~'''''''_'''"'''':''r.''',0.",00"",,¿;:.'~ Frannie Hutchinson, Chairman Chris Craft, Vice Chairman Joseph I. Smith Doug Cowarel Paula A. Lewis District No.4 District No. S District No. I District No. Z District No. I AGENDA Octo..er II, zoos I. MINUTES Approve the minutes from the meeting held on September 27, 2005. Z. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS Lln Approve warrants List No. 52, 53 and 54. Z. PUBLIC WORKS - EROSION 5710 A. South St. Lucie County Beach project: Amendment No. 1 to Project Agreement No. 04SL2 with the Florida Department of Environmental Protection (FDEP) providing additional grant funding - Consider staff recommendation to approve Amendment No. 1 to Project Agreement 04SL2 with the Florida Department of Environmental Protection along with supporting Budget Resolution No. 05-055 and execution of said documents by the Chairperson. B. South St. Lucie County Beach Feasibility Phase: Approval of Amendment No.1 to W.A. No. 03 (C-04- 11-631) with Coastal Planning & Engineering, Inc. to provide additional professional services necessary to conduct various environmental studies of the near shore resources for the South County Beach project _ Consider staff recommendation to approve of Amendment No.1 to W.A. No. 03 (C-04-11-631) with Coastal Planning & Engineering, Inc. and execution of said amended agreement by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tal?en by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings. individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1m or TOO (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. ...... ....." EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 27,2005 Tape: 2 Convened: 11 :32 a.m. Adjourned: 11 :32 a.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Joseph Smith, Chris Craft, Doug Coward absent on county business Others Present: Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Parks and Rec. Director, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES It was moved by Com. Smith, seconded by Com. Craft, to approve the minutes of the meeting held September 13, 2005, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Smith, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 50 and 51. 2. PUBLIC WORKS- EROSION 3710 A. Artificial Reef Grant Program- The Board approved accepting a $60,000.00 grant award from the Florida Fish and Wildlife Conservation Commission for artificial reef construction, approved the attached grant agreement with FWC and execution of said grant agreement by the Chairperson. B. Artificial Reef Grant Program- The Board approved accepting a $25,000 grant award from the Florida Fish and Wildlife Conservation Commission for artificial reef monitoring, approval ofthc attached grant agreement with FWC and execution of said agreement by the Chairperson. C. RFP No. 05-086 for Professional Marine and Engineering Consulting Services for Artificial Reefs- The Board approved ranking and gave permission to negotiate with the top ranked three firms and allow Contracts to be brought back to the Board for approval. There being no further busincss to bc brought bcforc the Board, thc mceting was adjourned. Chairman Clerk of Circuit Court 09/23/05 FZABWARR \w ...", ST. LUCIE COUNTY - BOARD PAGE WARRANT LIST #52- 17-SEP-2005 TO 23-SEP-200S FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 7,687.85 4,342.80 GRAND TOTAL: 7,687.85 4,342.80 1 09/30/05 F.ZABWARR FUND 184 -- ST. LUCIE COUNTY - BOARD WARRANT LIST #53- 24-SEP-2005 TO 30-SEP-2005 FUND SUMMARY- EROSION TITLE Erosion Control Operating Fund GRAND TOTAL: EXPENSES 18,997.23 18,997.23 ....", PAGE PAYROLL 0.00 0.00 1 '-' '., J.0/J.0/05 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #54- 0J.-OCT-2005 TO 05-0CT-2005 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL J.84 Erosion Control Operating Fund 2,339.09 4,342.80 GRAND TOTAL: 2,339.09 4,342.80 ./ 1 ~ ....¡ 10/10/05 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST # 1- 06-0CT-2005 TO 07-0CT-2005 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 5,078.85 0.00 GRAND TOTAL: 5,078.85 0.00 ¡ 1 ~ COUNTY ... ~ AGENDA REQUEST ~ ITEM NO. C-2A DATE: October 11, 2005 , ~ REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 PRESENTED BY: ~~~~L Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: South St. Lucie County Beach project: Amendment No.1 to Project Agreement No. 04SL2 with the Florida Department of Environmental Protection (FDEP) providing additional grant funding. BACKGROUND: The Florida Beach Erosion Control Program (FBECP) is administered through FDEP and presently provides approximately $30 million annually to assist eligible local governments with their beach erosion control projects. This particular Project Agreement (South St. Lucie County Beach Restoration Project- -04SL2) was approved by the Board on January 11, 2005 and provided for $308,400 in State funds towards the feasibility phase of South Hutchinson Beach project. The feasibility phase provides for the necessary environmental and engineering studies to further determine whether a beach restoration project is feasible. Funds in this grant will be used to identify offshore borrow sources as potential beach fill material, provide for a detailed characterization of nearshore reefs/hardbottoms, and for beach survey profiles. Amendment No. 1 provides for additional state funds in the amount of $22,100 to assist with the nearshore environmental assessment. FUNDS: Sufficient matching funds are available in the following account: $22,100 in Account No. 184-9910-599330-800; Erosion District - Project Reserves. The supporting budget resolution (#05-055) is also attached for Board for consideration. At this particular time, Erosion District funds are being proposed to match this grant and initiate the feasibility phase for this project. A program number (36203) was previously established for the South County Shoreline project to assist with tracking and recording expenses. Once a specific beach restoration project has been determined for this shoreline, a cost-benefit analysis may be required to determine a reasonable method of allocation to fund the local share of the construction costs. PREVIOUS ACTION: Southern St. Lucie County shoreline designated as critically eroding by the State (FDEP). Southern shoreline receives favorable Reconnaissance level study from the USACOE. May 25,2004: Board approved the feasibility cost sharing agreement with the U.S. Army Corps of Engineers. January 11, 2005: Board approved grant agreement 04SL 1 (Contract #C05-01-002) with FDEP. RECOMMENDATION: Staff recommends Erosion District Board approval of Amendment NO.1 to Project Agreement 04SL2 with the Florida Department of Environmental Protection along with supporting Budget Resolution No. 05-055 and execution of said documents by the Chairperson. rx APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ou Anderson County Administrator COMMISSION ACTION: [x]County Attorney [x]Originaling Depl. Public works~ . /J~/ Ix]Mgt. & Budget [x)Fiscal Control Coordinator_ ~'@ [x]Finance Department (Grants) . [x]Erosion District \.of ..., RESOLUTION NO. 05-055 WHEREAS, subsequent to the adoption of the budget for the 51. Lucie County Erosion District's Budget, certain funds not anticipated at the lime of adoption have become available from the Florida Department of Environmental Proteclion providing funding in the amount of $330,500, which is an increase of $22,100 than Ihe previous grant award. WHEREAS, Section 129.06 (d), Florida Statutes, requires the S1. Lucie County Erosion District to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Erosion District of S1. Lucie County, Florida, in meeting assembled this 11th day of October, 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2005-2006, and the Erosion District's budget is hereby amended as follows: REVENUES 184206-3710-334391-36203 FI Dept of Environmental Prot $22,100 APPROPRIATIONS 184206-3710-531000-36203 Professional Services $22,100 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Chris Craft, Vice Chairperson Commissioner Doug Coward Commissioner Paula Lewis Commissioner Joseph E. Smith xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 11th DAY OF OCTOBER, 2005. ATTEST: EROSION DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '-" ...,.¡ AMENDMENT No: 1 DEP AGREEMENT No: 04SL2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH EROSION CONTROL PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR SOUTH ST. LUCIE COUNTY BEACH RESTORATION PROJECT THIS AGREEMENT as entered into on the 11 th day of January, 2005, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the ST. LUCIE COUNTY EROSION DISTRICT, a local government, (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: · Paragraphs 6, 7, 17, and 20 are hereby revised to read as follows: 6. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: Task # Elil!ible PROJECT Items Estimated Proiect Costs Federal DEP Local Total 1.0 FeasibiJity Study $987,800 $330,500 $330,500 $1,648,800 TOTAL PROJECT COSTS $987.800 $330.500 $330,500 $1.648.800 TABLE 1 7. The DEPARTMENT has determined that 100 percent of the PROJECT cost is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of$330,500 for this PROJECT or up to 50 percent of the non-federal PROJECT cost, if applicable, for the specific eligible PROJECT items listed above, whichever is less. The DEPAR1MENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT items which exceed the estimated PROJECT costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. 17. The LOCAL SPONSOR's Project Manager for all matters is Richard Bouchard, Phone: 772/462-2362. The DEPARTMENT's Project Manager for all technical matters is Brian Taylor, Phone: 850/922-7866 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922-771 I or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. 20. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR DEPAR1MENT Richard Bouchard St. Lucie County Public Works Department 2300 Virginia Avenue Ft. Pierce, FL 34982 (772) 462-2362 Dena VanLandingham, Grants Program Administrator Department of Environmental Protection Bureau of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850) 922-7711 DEP Agreement No. 04SL2, Amendment No.1, Page 1 of 2 \.,; ....I ., · All references to Attachment C is hereby deleted and replaced with references to Attachment C-I. · Attachment C is hereby deleted in its entirety. · Attachment C-I as attached hereto is hereby added to the Agreement. · In accordance with Paragraph No. 23, a revised copy of Exhibit I to Attachment F is herein provided to identify the additional funds included under this Agreement. · Exhibit I to Attachment E is hereby deleted in its entirety and replaced with Exhibit I (Revised), attached hereto and made a part hereof. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. ST, LUCIE COUNTY EROSION DISTRICT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Title: ·District Chair By:~'J ß/.^- Secretary or designee + Date: '/Z7/oJ Date: FEID No.59-6000835 ~~<W-'-~~~ DEP Grant Program Administr or APPROVED as to fonn and legality: Ji/;L DEP Attorney ·If someone other than the District Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Type Letter/ Number Description (include number of pages) Attachment Attachment C-l E Request For Payment (4 pages) Exhibit 1 (Revised) (Page 5 of 5) DEP Agreement No. 04SL2, Amendment No. I, Page 2 of 2 '-' .J ATTACHMENT C-l FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART I PAYMENT SUMMARY Name of Project: SOUTH ST. LUCIE COUNTY BEACH RESTORATION PROJECT Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 04SL2 Billing Number: Billing Period: Billing Type: 0 Interim Billing o Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total $ *if applicable $ $ $ Cost Summary: State Funds Obligated $ Local Funds Obligated $ Less Previous Payment $ Less Previous Credits $ Less Previous Retained $ Less This Payment $ Less This Credit $ Less This Retainage (10%) $ Local Funds Remaining $ State Funds Remaining $ Certification: I certi(y that this bi1ling is correct and is based upon actual obligations of record by the grantee; that payment &om the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Signature of Project Financial Officer Name of Project Financial Officer Date DEP Agreement No. 04SL2, Attachment C-l, Page 1 of 4 þ \r' ..,,¡ FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART II REIMBURSEMENT DETAIL Name of Project: SOUTH ST. LUCIE COUNTY BEACH RESTORA nON PROJECT Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 04SL2 Billing Number: Billing Period: Summary of Invoices: Task Date of Invoice Amount of No.1 Check Amount Paid Invoice Number Invoice (Eligible Vendor Name Number Vendor Project Item) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ . $ $ TOTAL: $ Certification: I certify that the purchases noted above were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation attached hereto are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Signature of Project Administrator Date Signature of Project Financial Officer Date Name of Project Financial Officer DEP Agreement No. 04SL2, Attachment C- I, Page 2 of 4 , ~ ...." FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART ID PROJECT PROGRESS REPORT Name of Project: SOUTH ST. LUCIE COUNTY BEACH RESTORATION PROJECT Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Agreement Number: 04SL2 Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 1.0 FEASIBILITY STUDY REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 04SL2, Attachment C-], Page 3 of 4 ,. '-'" ...,¡ FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART IV PROJECT FINANCIAL REPORT Name of Project: SOUTH ST. LUCIE COUNTY BEACH RESTORATION PROJECT Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 04SL2 Report Period: Project Expenditures Task Eligible Proiect Items No. Costs Incurred This Reoort Period Costs Incurred to Date 1.0 Feasibility Study $ $ TOTAL DEP Agreement No. 04SL2, Attachment C-I, Page 4 of 4 Total Funds Oblil!:ated $1,648,800 $1,648,800 , '-' .... I ¡.. ~ r,.¡ r::: '~ ~ ~.& ~ 19011) (/).....1ij 8;u -( § ~ -( ~ Æ ~ = .¡ II) = :E c ¡... ¡.. Q -( .c Q .... ... b <) .... .f(¡ II> = C U ... = Š t I~ II> :a .... s ... ... -( " = ~1 .. ::I II> Uz .. ::I :I., .... = 4> :ª .- c. 4> ~ ~ 4> .c ~ .... c .... -( ¡ ] 'E "0 .. " it ~ < rì OJ .. ::I 0 r¡. 7I~t ~ .. t ~s .. ie::l Q "0 ~Il.,z Q ¡.. o ~ o ~ ~ t) ¡... CZI - CZI ~ U ffi ~ ~ < CZI ~ ¡2 !Z ~ CZI ê5 Il., ffi ,... f!: U ~ ~ o ¡... Q ~ ~ -( ~ ~ = 0 .~ ~ ~.¡:: ~ 19 . p., II) Cl.Je~ p.,u ~ ~ .. ~ § f g" 0 'iI ! .. Q, "0 ~ :,§ .. § .s ~ r¡ .. .. ::I 0 Æ ~ :a .. .... .. ~ ~ j " :E ¡... ;: < Q Q, ~ .c U ... ... <) .! II> = 0 U ... = Q, E æ tj -.. II> :a ... 0 -( ... 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B ¡X1 ¡X1 ... u ~ t:: ... p.,¡ã = < 0 ".8 >. U ..s~~ I'f ... ... ...J <"8 M II ~1° 8 ..s~ CZI E! CZI . ¡..: .¡; 19 ..>i ~ uz¡:;; CZI ... æ M 0 ~'õ~ ô tj ª,oo'" Z <II; o 8 ... '" 8 '3 'f ~ :a "'-.:t '" ... ~o 0 os II) 0 ~>-g 0 :::::Utf.I II) ... N ~~~ ~ ... 19 71 rA . = t/]uo <5 '¡:: ... .. =.s ~ ::I .~ 0 0 ... ~N N .2 ~ ~ ¡:1., .. '¡:¡'.,š u ¡:s ::I :I., OJ os ... -g "0 ~ ... b c: ¡ã ,,;g § Q, ... :ê .- 8~1~~l\O ..s1äU .. . ... ~ 1I)~..s ~II)~;¡;"~¡;; .8 § ,S Q, o~__~~_ .c CZl1äes...ës ... ..r::: "0 ... .;~ 0 .~ ~ ¡... ~ ~ ¡... ~ ... i;E:s ¡ ,§s§"s§" ,-=u- .'::~ .13 "0 ... '.¡:J.5 ~ '.¡: .S !:î... ... .. ~~~...¡~~...¡ .. "'tj~.... ~ ",.9~"'.9~ ..... f"I') as o r.n 0 U) S r-- "0 ~~öS~C1 - " II> os . '" ~.,.. ::I 4> ~II'U': .. .. -= 8~..o ~ ::I ... p.,\O 0 ./::I ! ~...]r::: ~ó ~ - s:: ~ 3 ~ ~ '00 ~ '="1"'8 ~ ~ a Q, CZI e ::I '¡:: ~ ~z QJ .. r.n IV B Il.,zo< ...f}"O..s ¡fJ &: :::..§ ,S ....... ~ COUNTY ..... ~ '-" AGENDA REQUEST ITEM NO. ~ Date: October 11, 2005 TO: ST. LUCIE COUNTY EROSION DISTRICT REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: QvL.~ ~~¡ð-"Á Richard A. Bouchard, P.E. Erosion District Manager SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 SUBJECT: South St. Lucie County Beach Feasibility Phase: Approval of Amendment No. 1 to W.A. No. 03 (C- 04-11-631) with Coastal Planning & Engineering, Inc. to provide additional professional services necessary to conduct various environmental studies of the nearshore resources for the South County Beach project. BACKGROUND: St. Lucie County is pursuing federal and state (FDEP) participation in a shore protection project along the southern most 3 to 5 miles of beachfront within the County and is commencing with the feasibility phase. The feasibility phase provides for the necessary environmental and engineering studies to further determine whether a beach restoration project is feasible. On January 11, 2005 the Board approved Project Agreement 04SL2 (South St. Lucie County Beach Restoration Project) with FDEP providing for $308,400 in State funds towards the feasibility phase. On July 12, 2005 the Board approved W.A. No. 03 (C- 04-11-631) with Coastal Planning & Engineering, Inc. in the amount of $203,075 to initiate various environmental studies relating to nearshore resources such as hardbottom and shorebirds. After further coordination with FDEP, it was agreed to expand the project boundaries of the study area further north to fill in the gap between the critically eroding segments and be consistent with the Corps' study area. The services for this additional work is included in the attached amended work authorization and will be cost shared with FDEP under an existing grant agreement at 50%. FUNDS: Funds for these services will be made available in the following account: $44,200 in Account No. 184206-3710-531000-36203; Erosion District -South County Beach Project At this particular time, Erosion District funds are being proposed to match this grant (50%) and initiate the feasibility phase for this project. A program number (36203) was previously established for the South County Shoreline project to assist with tracking and recording expenses. Once a specific beach restoration project has been determined for this shoreline, a cost-benefit analysis may be required to determine a reasonable method of allocation to fund the local share of the construction costs. PREVIOUS ACTION: May 25, 2004: Board approved Feasibility Cost Sharing agreement with U.S. Army Corps of Engineers. November 23, 2004: Board approved master agreement (C04-11-631) with CPE for coastal engineering services. January 11, 2005: Board approved Project Agreement No. 04SL2 with FDEP providing grant funding ($616,800) for coastal related activities associated with South St. Lucie County Beach Feasibility project. July 12, 2005: Board approved W.A. No. 03 (C-04-11-631) with Coastal Planning & Engineering, Inc. ($203,075) RECOMMENDATION: Staff recommends Erosion District Board approval of Amendment NO.1 to W.A. No. 03 (C- 04-11-631) with Coastal Planning & Engineering, Inc. and execution of said amended agreement by the Chairperson. COMMISSION ACTION: CONCURRENCE: LL Douglas Anderson County Administrator 1)(1 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 "ì ¿ [x]County Attorney ¡.... [x]Originating Dept. Public works~ . [x]Mgt. & Budget [x]Fiscal Coordinator ~A '" [x]Finance Department (Grants) @ [x]Erosion District ;. \.r ...¡ '" Coastal Engineering Coastal Surveys Biological Studies Geotechnical Services COASTAL PLANNING & ENGINEERING, INC. 2481 NW. Boca Raton Boulevard, Boca Raton, FL 33431 Tel: (561) 391-8102 Fax: (561) 391-9116 Internet: http://www.coastalplanning.net Email: mail@coastaIDlannina.net August 18,2005 Mr. Richard Bouchard St. Lucie County 2300 Virginia A venue Ft. Pierce, FL 34982 Re: Proposal for Additional and Nearshore Hardbottom Mapping & Characterization Services, South St. Lucie County, Hurricane and Storm Damage Reduction Project Dear Mr. Bouchard: Attached is a proposal to conduct additional Nearshore Hardbottom Mapping & Characterization Studies in Southern St. Lucie County. The proposal is a northward expansion of an identical study authorized by County Work Authorization No. 03 (Contract No.C04-1l-631), which includes the area between FDEP reference monuments R-93 and R-115. This proposal expands the northern limit of the study to include the coastline between R-88.4 and R-93. Attached is a Scope of Work describing the proposed study (Exhibit "A"). Also provided is a cost summary for the additional 4,600 ft. study area length based on a pro-ration of the Work Authorization No.3 cost (Exhibit "B"). A work schedule is also attached (Exhibit "C"). If you have any questions, please contact me. Very truly yours, COASTAL PLANNING & ENGINEERING, INC. Norman H. Beumel Senior Vice President cc: Phil Sanders, FDEP Brian Taylor, FDEP '-" ....,¡ C04-11-631 (WA #03, Amend #1) FIRST AMENDMENT TO WORK AUTHORIZATION NO. 03 Professional Services Related to Nearshore Hardbottom Mapping & Characterization for the South St. Lucie County Beach Restoration Project Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the "District") and Coastal Planning & Engineering, Inc. (the "Consultant") dated July 12, 2005 (the "agreement"), is hereby amended to increase the amount of the compensation to be paid to the Consultant to a total not to exceed Two Hundred Forty-Seven Thousand, Two Hundred Seventy-Five Dollars ($247,275). The Consultant's additional "Scope of Services", "Work Compensation Sheet", and "Project Schedule" have also been attached hereto and made a part hereof as Exhibits "A", "8", and "C", respectively. The Consultant also agrees to abide by the conditions and requirements of DEP Project Agreement No. 04SL2. All other terms and conditions of Work Authorization No. 03 (C-04-11-631) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to Work Authorization No. 03 (C-04-11-631) to be executed and delivered on the dates below. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRPERSON DEPUTY CLERK Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: COASTAL PLANNING & ENGINEERING, INC. BY: Print Name: Title: Date: H:IMSWORDIMISClCPEA 1WA03 ~ " "" EXHIBIT "A" SCOPE OF WORK . Nearshore Hardbottom Mapping and Characterization Study Southern St. Lucie County, Hurricane and Storm Damage Protection Project August 18,2004 This proposal is in response to the USACE's request to identify and investigate the nearshore hardbottom habitats offshore of southern St. Lucie County. The investigation's results wi1\ be used as the basis for the design, planning, permitting and implementation of the County's proposed Southern St. Lucie County Beach Renourishment Project. No permit development, agency coordination or project design services, unless specified herein, are proposed to be provided to St. Lucie County by Coastal Planning & Engineering, Inc. (CPE) under this scope of work. The focus ofthe investigation will be the nearshore hardbottom resources that may be impacted as a result of project construction, cross-shore beach profile adjustment, or the longshore spreading of fill. The area of investigation is defined as the nearshore marine environment from the mean high water line, seaward a distance of approximately 1,000 feet, and encompassing the southern 4,600 ft. of St. Lucie County between DEP Monuments R-88.4 through R-93. During this phase of the project, ePE will participate in agency, client meetings in the St. Lucie County area to coordinate project progress and present our findings. The proposed investigation is to be completed in seven phases: · Phase I - Side Scan Sonar Survey Planning and Project Administration · Phase II - Side-Scan Sonar Data Acquisition and Mapping · Phase III - Verification and Characterization of Nearshore Hardbottom Habitats · Phase IV - Verification and Characterization of Worm Rock Habitats · Phase V - Beach / Dune Vegetation Mapping · Phase VI - Project Area Shorebird Use · Phase VII - Client! Agency Meetings and Report Preparation The details of each phase are described in the Scope of Work for the Nearshore Hardbottom Mapping & Characterization Study between FDEP reference monuments R-93 to R-115, dated June 8,2004 (Work Authorization No. 03, Contract no. C04-11-631). F:ICPEI]roposalsISt. LucielSouth County ProjectlSouth County Hardbottom InvestigationlNorthem AdditonlSt Lucie Co. Additional Hardbottom Investigation Scope.doc ¥ ...,¡ EXHIBIT "B" COST SUMMARY Nearshore Hardbottom Mapping and Characterization Study Southern St. Lucie County, Hurricane and Storm Damage Protection Project August 18, 2004 CPE will provide mapping and environmental studies of significant marine resources identified between the mean high water line and approximately 1,000 feet offshore. The study area is further defined as that segment of the southem St. Lucie County shoreline between R-88.4 and R-93. The study cost for the additional 4,600 ft. study area length is based on a pro-ration of the Work Authorization No.3 cost. In summary, the cost for each phase of the project is as follows: Phase Description Cost I Side Scan Sonar Survey Planning and Project Administration $1,687.00 II Side Scan Sonar Survey and Data Evaluation $10,894.00 III Investigation of Nearshore Hardbottom $10,24().00 IV Worm Rock Community Mapping and Characterization $5,955.00 V Beach / Dune Vegetation Mapping $6,160.00 VI Project Area Shorebird Use $2,967.00 VII Client/Agency Coordination and Product Development $6,297.00 TOTAL $44,200.00 1 ~ ...., EXHmIT "C" WORK SCHEDULE Nearshore Hardbottom Mapping and Characterization Study Southern St. Lucie County, Hurricane and Storm Damage Protection Project The following provides our estimated timè for completion of the scope of work as described in the previous sections. The time estimate includes the combined R-88A to R-IIS study area effort and superceeds the previous schedule developed for R-93 to R-IIS. Phase Completion Time From Notice to Proceed I - Side Scan Sonar Survey Planning and Project Administration 3 weeks II - Side Scan Sonar Survey and Data Evaluation S weeks III - Investigation of Nearshore Hardbottom 3 weeks IV - Worm Rock Community Mapping and Characterization 3 weeks V - Beach / Dune Vegetation Mapping 3 weeks VI - Project Area Shorebird Use 3 weeks VII - Client/Agency Coordination and Product Development 5 weeks